[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Rules and Regulations]
[Pages 58564-58565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26879]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160205084-6510-02]
RIN 0648-XF873


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; 2017 Purse Seine FAD Fishery Closure

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

ACTION: Temporary rule; fishery closure.

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SUMMARY: NMFS announces that U.S. purse seine vessels will be 
prohibited from fishing on fish aggregating devices (FADs) in the area 
of application of the Convention on the Conservation and Management of 
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 
(Convention) in the area between the latitudes of 20[deg] N. and 
20[deg] S., as a result of reaching the 2017 limit on FAD sets. This 
action is taken to enable the United States to implement provisions of 
a conservation and management measure adopted by the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy 
the obligations of the United States under the Convention, to which it 
is a Contracting Party.

DATES: Effective 00:00 on December 24, 2017, universal time coordinated 
(UTC), until 24:00 on December 31, 2017 UTC.

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS Pacific Islands 
Regional Office, 808-725-5033.

SUPPLEMENTARY INFORMATION: U.S. purse seine fishing in the area of 
application of the Convention, or Convention Area, is managed, in part, 
under the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901, et seq.). Regulations implementing 
the Act are at 50 CFR part 300, subpart O. On behalf of the Secretary 
of Commerce, NMFS promulgates regulations under the Act that enable the 
United States to carry out its obligations under the Convention, 
including implementation of the decisions of the Commission.
    Pursuant to WCPFC Conservation and Management Measure 2015-01, NMFS 
issued regulations that established a limit of 2,522 FAD sets that may 
be used by U.S. purse seine fishing vessels in the Convention Area 
between the latitudes of 20[deg] N and 20[deg] S in calendar year 2017 
(see final rule at 81 FR 41239, June 24, 2016, codified at 50 CFR 
300.223).
    Based on data submitted in logbooks and other available 
information, NMFS expects that the limit of 2,522 FAD sets for 2017 
will be reached and, in accordance with the procedures established at 
50 CFR 300.223(b)(2)(iii), announces that restrictions on the use of 
FADs will be in effect starting at 00:00 on December 24, 2017, UTC. 
These restrictions will remain in effect until 24:00 on December 31, 
2017, UTC.
    The specific restrictions, detailed at 50 CFR 300.223(b)(1), 
prohibit owners, operators, and crew of fishing vessels of the United 
States from doing any of the following activities in the Convention 
Area in the area between 20[deg] N latitude and 20[deg] S latitude: (1) 
Set a purse seine around a FAD or within one nautical mile of a FAD; 
(2) set a purse seine in a manner intended to capture fish that have 
aggregated in association with a FAD or a vessel, such as by setting 
the purse seine in an area from which a FAD or a vessel has been moved 
or removed within the previous eight hours, or setting the purse seine 
in an area in which a FAD has been inspected or handled within the 
previous eight hours, or setting the purse seine in an area into which 
fish were drawn by a vessel from the vicinity of a FAD or a vessel; (3) 
deploy a FAD into the water; and (4) repair, clean, maintain, or 
otherwise service a FAD, including any electronic equipment used in 
association with a FAD, in the water or on a vessel while at sea. 
Notwithstanding the restrictions, a FAD may be inspected and handled as 
needed to identify the FAD, identify and release incidentally captured 
animals, un-foul fishing gear, or prevent damage to property or risk to 
human safety. A FAD may also be removed from the water and, if removed, 
may be cleaned, provided that it is not returned to the water. The 
following additional restriction also applies: owners, operators and 
crew of a U.S. fishing vessel shall not submerge lights under water, 
suspend or hang lights over the side of the purse seine vessel, skiff, 
watercraft or equipment, or direct or use lights in a manner other than 
as needed to illuminate the deck of the purse seine vessel or 
associated skiffs, watercraft or equipment, to comply with navigational 
requirements, and to ensure the health and safety of the crew. This 
final restriction does not apply in emergencies as needed to prevent 
human injury or the loss of human life, the loss of the purse seine 
vessel, skiffs, watercraft or aircraft, or environmental damage.

Classification

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and opportunity for public comment on this action. Compliance with the 
notice and comment requirement would be impracticable and contrary to 
the public interest, because NMFS cannot ensure timely compliance with 
the 2017 limit on FAD sets in the Convention Area based on its receipt 
of the logbook data and other relevant information to calculate that 
the FAD limit has been reached. This action is based on the best 
available information on U.S. purse seine fishing effort on FADs in the 
Convention Area. The action is taken to enable the United States to 
comply with

[[Page 58565]]

its obligations under the Convention and is important for the 
conservation and management of bigeye tuna, yellowfin tuna, and 
skipjack tuna in the western and central Pacific Ocean. For the same 
reasons, there is good cause under 5 U.S.C. 553(d)(3) to establish an 
effective date less than 30 days after the date of publication of this 
notice.
    This action is required by 50 CFR 300.223(b)(2)(iii) and is exempt 
from review under Executive Order 12866.

    Authority:  16 U.S.C. 6901 et seq.

    Dated: December 8, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-26879 Filed 12-12-17; 8:45 am]
 BILLING CODE 3510-22-P