[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Page 52035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20998]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 190220141-9141-01]
RIN 0648-PIR-A001


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Closure of Purse Seine Fishery in the 
ELAPS in 2019

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 the purse seine fishery in the Effort 
Limit Area for Purse Seine, or ELAPS, will close as a result of 
reaching the 2019 limit on purse seine fishing effort in the ELAPS. 
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 on the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Convention), to which it is a 
Contracting Party.

DATES: Effective 00:00 on October 9, 2019 Universal Coordinated Time 
(UTC), until 24:00 on December 31, 2019 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. (Act). 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 2018-01, NMFS 
issued regulations that established a limit of 1,616 fishing days that 
may be used by U.S. purse seine fishing vessels in the ELAPS in 
calendar year 2019 (see interim rule at 84 FR 37145, published July 31, 
2019, to be codified at 50 CFR 300.223). The ELAPS consists of the 
areas of the U.S. Exclusive Economic Zone (EEZ) and the high seas that 
are in the Convention Area between the latitudes of 20[deg] N and 
20[deg] S (see definition at 50 CFR 300.211). 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 limit of 1,616 fishing days in the 
ELAPS will be reached, and in accordance with the procedures 
established at 50 CFR 300.223(a), announces that the purse seine 
fishery in the ELAPS will be closed starting at 00:00 on October 9, 
2019 UTC, and will remain closed until 24:00 on December 31, 2019 UTC. 
Accordingly, it shall be prohibited for any fishing vessel of the 
United States equipped with purse seine gear to be used for fishing in 
the ELAPS from 00:00 on October 9, 2019 UTC until 24:00 December 31, 
2019 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.

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, since NMFS would be unable to ensure that the 2019 
limit on purse seine fishing effort in the ELAPS is not exceeded. This 
action is based on the best available information on U.S. purse seine 
fishing effort in the ELAPS. 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 24, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-20998 Filed 9-30-19; 8:45 am]
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