[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27216-27217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11348]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 090130104-91027-02]
RIN 0648-XW12
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Fishing Restrictions and Observer
Requirements in Purse Seine Fisheries for 2009-2011
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Rule; announcement of date of applicability.
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SUMMARY: NMFS announces that the catch retention requirements for U.S.
purse seine fishing vessels operating 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 Area) will
be applicable from 00:00 on June 14, 2010, Universal Coordinated Time
(UTC). In accordance with regulations, the requirements will be
applicable until 24:00 on December 31, 2011, UTC, or until nullified by
a notification in the Federal Register. This action is being taken to
implement, for U.S. fishing vessels, the catch retention measures
adopted by the Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC)
at its regular annual session in December 2008. The action will have
the effect of requiring that U.S. purse seine vessels do not discard
any bigeye tuna, yellowfin tuna, or skipjack tuna at sea within the
Convention Area, except in certain specified circumstances.
DATES: The date of applicability of 50 CFR 300.223(d) is 00:00 on June
14, 2010, UTC, and the requirements of that paragraph will be
applicable until 24:00 on December 31, 2011, UTC, or until nullified by
a notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands
Regional Office, 808-944-2219.
SUPPLEMENTARY INFORMATION: Regulations at 50 CFR 300.223(d)(1) provide
for NMFS to publish a notification in the Federal Register announcing
the ``effective date'' of the catch retention requirements set forth at
50 CFR 300.223(d)(3), which apply to U.S. fishing vessels equipped with
purse seine gear operating in the Convention Area. The phrase
``effective date'' as used in 50 CFR 300.223(d) is synonymous with the
``date of applicability'' in this notice of the catch retention
requirements. The term ``date of applicability'' is used here to
clarify that the regulation, including 50 CFR 300.223(d)(1), became
effective (but not yet applicable) on August 3, 2009. The regulations
at 50 CFR 300.223(d) establish the catch retention requirements adopted
by the WCPFC. The notification by NMFS is to be based on NMFS'
determination as to whether an adequate number of WCPFC observers is
available for the purse seine vessels of all members of the WCPFC as
necessary to ensure compliance by such vessels with the catch retention
requirements established by the WCPFC. Based upon information provided
by the WCPFC Secretariat, NMFS has determined that an adequate number
of WCPFC observers is currently available for placement aboard purse
seine vessels of all WCPFC members. Accordingly, NMFS announces through
this document that the date of applicability of the catch retention
requirements is 00:00 on June 14, 2010, UTC. In accordance with 50 CFR
300.223(d)(3), the requirements will be applicable until 24:00 on
December 31, 2011, UTC, or until they are nullified by a notification
in the Federal Register pursuant to 50 CFR 300.223(d)(2).
Further information about the Convention, the catch retention
requirements established by the WCPFC, and the basis for the catch
retention requirements for U.S. fishing vessels set forth at 50 CFR
300.223(d) can be found in the proposed and final rules to establish
the requirements for U.S. fishing vessels (74 FR 26160, June 1, 2009;
and 74 FR 38544, August 4, 2009; respectively).
[[Page 27217]]
Classification
This action is required by 50 CFR 300.223(d) and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator
for Fisheries finds good cause to waive the requirement to provide
prior notice and an opportunity for public comment on this action, as
such procedures would be unnecessary and contrary to the public
interest. Such procedures would be unnecessary as NMFS provided prior
notice and an opportunity for public comment on the regulations
establishing the criteria for implementing the catch retention
requirement (proposed rule published at 74 FR 26160, June 1, 2009, and
final rule published at 74 FR 38544, August 4, 2009), and all that
remains is to notify the public of the date of applicability of the
requirement. In addition, prior notice and comment would be contrary to
the public interest because it would unnecessarily delay implementation
of the catch retention requirement, an international obligation of the
United States under the Convention, after a determination that there is
a sufficient number of observers for placement aboard purse seine
vessels of WCPFC members.
Authority: 16 U.S.C. 6901 et seq.
Dated: May 7, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-11348 Filed 5-13-10; 8:45 am]
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