[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45849-45850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19710]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180209155-8589-02]
RIN 0648-XG458


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Closure of Purse Seine Fishery on the 
High Seas in 2018

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

ACTION: Temporary rule; fishery closure.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the U.S. purse seine fishery on the high 
seas 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) between the latitudes of 20[deg] N 
and 20[deg] S will close as a result of reaching the 2018 limit on 
purse seine fishing effort in that area. This action is necessary for 
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 September 18, 2018 coordinated universal time 
(UTC), until 24:00 on December 31, 2018 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 as may be necessary to carry out the 
obligations of the United States under the Convention, including 
implementation of the decisions of the Commission.
    Pursuant to WCPFC Conservation and Management Measure 2017-01, NMFS 
issued regulations that established a limit of 1,370 fishing days that 
may be used by U.S. purse seine fishing vessels on the high seas 
between the latitudes of 20[deg] N and 20[deg] S in the Convention Area 
in calendar year 2018 (see final rule at 83 FR 33851, published July 
18, 2018, codified at 50 CFR 300.223). A fishing day means any day in 
which a fishing vessel of the United States equipped with purse seine 
gear searches for fish, deploys a fish aggregating device (FAD), 
services a FAD, or sets a purse seine, with the exception of setting a 
purse seine solely for the purpose of testing or cleaning the gear and 
resulting in no catch (see definition at 50 CFR 300.211).
    Based on data submitted in logbooks and other available 
information, NMFS expects that the 2018 limit of 1,370 fishing days 
will be reached, and in accordance with the procedures established at 
50 CFR 300.223(a), announces that the purse seine fishery on the high 
seas between the latitudes of 20[deg] N and 20[deg] S in the Convention 
Area will be closed starting at 00:00 on September 18, 2018 UTC, and 
will remain closed until 24:00 on December 31, 2018 UTC. Accordingly, 
it shall be prohibited for any fishing vessel of the United States 
equipped with purse seine gear to be used for fishing on the high seas 
between the latitudes of 20[deg] N and 20[deg] S in the Convention Area 
from 00:00 on September 18, 2018 UTC until 24:00 December 31, 2018 UTC, 
except that such vessels will not be prohibited from bunkering in that 
area during that period (50 CFR 300.223(a)). Fishing means using any 
vessel, vehicle, aircraft or hovercraft for any of the following 
activities, or attempting to do so: (1) Searching for, catching, 
taking, or harvesting fish; (2) engaging in any other activity which 
can reasonably be expected to result in the locating, catching, taking, 
or harvesting of fish for any purpose; (3) placing, searching for, or 
recovering fish aggregating devices or associated electronic equipment 
such as radio beacons; (4) engaging in any operations at sea directly 
in support of, or in preparation for, any of the activities previously 
described in elements (1) through (3) of this definition, including, 
but not limited to, bunkering; or (5) engaging in transshipment at sea, 
either unloading or loading fish (see definition at 50 CFR 300.211). As 
noted above, bunkering will not be prohibited in the closure area 
during the closure period. This rule does not prohibit lawful fishing 
with purse seine gear within the U.S. Exclusive Economic Zone within 
the Convention Area.

Classification

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and

[[Page 45850]]

opportunity for public comment on this action. Compliance with the 
notice and comment requirement would be impracticable and contrary to 
the public interest, since NMFS would be unable to ensure that the 2018 
limit on purse seine fishing effort on the high seas between the 
latitudes of 20[deg] N and 20[deg] S in the Convention Area is not 
exceeded. This action is based on the best available information on 
U.S. purse seine fishing effort in the limit area. The action is 
necessary for the United States to comply with 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(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: September 6, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-19710 Filed 9-10-18; 8:45 am]
 BILLING CODE 3510-22-P