[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56177-56178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25617]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170712657-7999-02]
RIN 0648-BG85


International Fisheries; Pacific Tuna Fisheries; Restrictions on 
Fishing for Sharks in the Eastern Pacific Ocean

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to 
implement Resolution C-16-05 (Resolution on the Management of Shark 
Species) of the Inter-American Tropical Tuna Commission (IATTC) adopted 
in July 2016. Per the Resolution, these regulations require purse seine 
vessel owners, operators, and crew to follow specified release 
requirements for sharks in the eastern Pacific Ocean (EPO). These 
regulations also prohibit longline vessels targeting tuna or swordfish 
in the EPO from using ``shark lines'' (a type of fishing gear used on 
longline vessels to target sharks). This rule is necessary for the 
United States to satisfy its obligations as a member of the IATTC.

DATES: This rule is effective January 1, 2018.

ADDRESSES: Copies of the Regulatory Impact Review and other supporting 
documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0068, or by contacting the 
Regional Administrator, Barry A. Thom, NMFS West Coast Region, 1201 NE. 
Lloyd Boulevard, Suite 1100, Portland, OR 97232-1274, or 
[email protected].

FOR FURTHER INFORMATION CONTACT: Daniel Studt, NMFS, West Coast Region, 
562-980-4073.

SUPPLEMENTARY INFORMATION: On August 7, 2017, NMFS published a proposed 
rule in the Federal Register (82 FR 36724) to implement provisions of 
Resolution C-16-05 adopted by the IATTC in July 2016. The 30-day public 
comment period for the proposed rule closed on September 6, 2017, and 
one comment was received from an individual in support of the proposed 
rule as drafted. NMFS is finalizing the rule as proposed, except for 
non-substantive revisions as described below. The preamble to the 
proposed rule contains additional background information, including 
information on the IATTC, the international obligations of the United 
States as an IATTC member, and the need for regulations.
    This final rule is implemented under the Tuna Conventions Act (16 
U.S.C. 951 et seq.), as amended on November 5, 2015, by title II of 
Public Law 114-81. The recent amendments direct the Secretary of 
Commerce, in consultation with the Secretary of State, and, with 
respect to enforcement measures, the U.S. Coast Guard, to promulgate 
such regulations as may be necessary to carry out the United States' 
obligations under the Antigua Convention, including recommendations and 
decisions adopted by the IATTC. The authority of the Secretary of 
Commerce to promulgate such regulations has been delegated to NMFS. 
This rule implements provisions of Resolutions C-16-05 for U.S. 
commercial fishing vessels that fish for tuna or tuna-like species in 
the IATTC Convention Area. The IATTC Convention Area is defined as 
waters of the EPO within the area bounded by the west coast of the 
Americas and by 50[deg] N. latitude, 150[deg] W. longitude, and 50[deg] 
S. latitude.
    This final rule requires that the crew, operator, and owner of a 
U.S. commercial purse seine fishing vessel promptly release unharmed, 
to the extent practicable, any shark (whether live or dead) caught in 
the IATTC Convention Area, as soon as it is seen in the net or on the 
deck, without compromising the safety of any persons. If a shark is 
live when caught, the crew, operator, or owner of a U.S. commercial 
purse seine vessel must follow the release procedures described in the 
regulatory text at 50 CFR 300.27(k).
    This rule also prohibits the towing of a whale shark (Rhincondon 
typus) out of a purse seine net (e.g., using towing ropes).
    Furthermore, this rule prohibits longline vessels targeting tuna or 
swordfish in the IATTC Convention Area from using ``shark lines.''
    Lastly, this final rule updates paragraph references in 50 CFR 
300.24 for consistency and accuracy with existing regulations.

Public Comment and Response

    NMFS received one written comment from an individual during the 30-
day public comment period that closed on September 6, 2017. The 
individual supported the proposed rulemaking and noted shark 
populations' vulnerability to threats.

Changes From the Proposed Rule

    There are no changes to the regulatory text in the final rule from 
the proposed rule except that 50 CFR 300.27(b) has been revised by 
removing the phrase in parentheticals, ``other than silky shark, 
oceanic whitetip shark, and whale shark, which may not be retained for 
consumption''. NMFS removed this parenthetical language from the 
regulatory text of the final rule because it was unnecessary: Oceanic 
whitetip, silky or whale sharks are already required to be released as 
soon as possible; as a result, those three types of shark may never be 
retained even for the purpose of consumption. Also, for consistency 
with other definitions in 50 CFR 300.21, a colon was removed from the 
shark line definition in the proposed rule. Furthermore, paragraph 50 
CFR 300.24(ii) was removed by a final rule on September 29, 2017 (82 FR 
45514); therefore, paragraph additions of 50 CFR 300.24(jj) and (kk) 
have been updated to 50 CFR 300.24(ii) and (jj), respectively.

Classification

    The NMFS Assistant Administrator, in consultation with the 
Department of State and the U.S. Coast Guard, has determined that this 
final rule is consistent with the Tuna Conventions Act and other 
applicable laws.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Executive Order 13771

    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.

Paperwork Reduction Act Collection of Information

    There are no new collection-of-information requirements associated 
with this action that are subject to the Paperwork Reduction Act (PRA), 
and existing collection-of-information requirements still apply under 
the following Control Numbers: 0648-0148, 0648-0214, and 0648-0593. 
Notwithstanding any other provision of the law, no person is required 
to respond to, and no person shall be subject to penalty for failure to 
comply with, a collection-of-information subject to the requirements of 
the PRA, unless that collection-of-information displays a currently 
valid Office of Management and Budget control number. All

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currently approved NOAA collections of information may be viewed at: 
http://www.cio.noaa.gov/services_programs/prasubs.html

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the 
Chief Counsel for Regulation of the Department of Commerce certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
that this action would not have a significant economic impact on a 
substantial number of small entities. The factual basis for the 
certification was published in the proposed rule and is not repeated 
here. No comments were received regarding this certification. As a 
result, a Regulatory Flexibility Analysis was not required and none was 
prepared.

List of Subjects in 50 CFR Part 300

    Fish, Fisheries, Fishing, Fishing vessels, International 
organizations, Marine resources, Reporting and recordkeeping 
requirements, Treaties.

    Dated: November 21, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

0
1. The authority citation for part 300, subpart C, continues to read as 
follows:

    Authority:  16 U.S.C. 951 et seq.


0
2. In Sec.  300.21, add a definition for ``Shark line'' in alphabetical 
order to read as follows:


Sec.  300.21  Definitions.

* * * * *
    Shark line means a type of fishing gear used to target sharks and 
consisting of an individual hooked line or hooked lines attached to the 
floatline or directly to the floats of longline gear and deployed in 
the water column at depths shallower than the mainline.
* * * * *

0
3. In Sec.  300.24, revise paragraphs (w), (x), (cc), and (dd), and add 
paragraphs (ii) and (jj) to read as follows:


Sec.  300.24  Prohibitions.

* * * * *
    (w) Set or attempt to set a purse seine on or around a whale shark 
(Rhincodon typus) in contravention of Sec.  300.27(g).
    (x) Fail to release a whale shark encircled in a purse seine net of 
a fishing vessel as required in Sec.  300.27(h).
* * * * *
    (cc) To retain on board, transship, store, land, sell, or offer for 
sale any part or whole carcass of a mobulid ray, as described in Sec.  
300.27(i).
    (dd) Fail to handle or release a mobulid ray as required in Sec.  
300.27(j).
* * * * *
    (ii) Fail to handle or release a shark as required in Sec.  
300.27(k).
    (jj) Use a shark line in contravention of Sec.  300.27(l).

0
4. In Sec.  300.27, revise paragraphs (b) and (h), and add paragraphs 
(k) and (l) to read as follows:


Sec.  300.27  Incidental catch and tuna retention requirements.

* * * * *
    (b) Release requirements for non-tuna species on purse seine 
vessels. All purse seine vessels must release all billfish, ray (not 
including mobulid rays, which are subject to paragraph (i) of this 
section), dorado (Coryphaena hippurus), and other non-tuna fish 
species, except those being retained for consumption aboard the vessel, 
as soon as practicable after being identified on board the vessel 
during the brailing operation. Sharks caught in the IATTC Convention 
Area and that are not retained for consumption aboard the vessel must 
be released according to the requirements in paragraph (k) of this 
section.
* * * * *
    (h) Whale shark release. The crew, operator, and owner of a fishing 
vessel of the United States commercially fishing for tuna in the 
Convention Area must release as soon as possible, any whale shark that 
is encircled in a purse seine net, and must ensure that all reasonable 
steps are taken to ensure its safe release. No whale shark may be towed 
out of a purse seine net (e.g., using towing ropes).
* * * * *
    (k) Shark handling and release requirements for purse seine 
vessels. The crew, operator, and owner of a U.S. commercial purse seine 
fishing vessel must promptly release unharmed, to the extent 
practicable, any shark (whether live or dead) caught in the IATTC 
Convention Area, as soon as it is seen in the net or on the deck, 
without compromising the safety of any persons. If a shark is live when 
caught, the crew, operator, or owner must follow release procedures in 
the following two paragraphs.
    (1) Sharks must be released out of the purse seine net by directly 
releasing the shark from the brailer into the ocean. Sharks that cannot 
be released without compromising the safety of persons or the sharks 
before being landed on deck must be returned to the water as soon as 
possible, either utilizing a ramp from the deck connecting to an 
opening on the side of the boat, or through escape hatches. If ramps or 
escape hatches are not available, the sharks must be lowered with a 
sling or cargo net, using a crane or similar equipment, if available.
    (2) No shark may be gaffed or hooked, lifted by the head, tail, 
gill slits or spiracles, or lifted by using bind wire against or 
inserted through the body, and no holes may be punched through the 
bodies of sharks (e.g., to pass a cable through for lifting the shark).
    (l) Shark line prohibition for longline vessels. Any U.S. longline 
vessel used to fish for tuna or swordfish is prohibited from using any 
shark line in the IATTC Convention Area.

[FR Doc. 2017-25617 Filed 11-27-17; 8:45 am]
 BILLING CODE 3510-22-P