Atlantic Highly Migratory Species; Transshipment, Port Inspection, and Vessel Identification, 54247-54251 [2014-21694]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Proposed Rules]
[Pages 54247-54251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21694]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140324263-4705-01]
RIN 0648-BE12


Atlantic Highly Migratory Species; Transshipment, Port 
Inspection, and Vessel Identification

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to revise the regulations governing 
transshipment and international port inspection for vessels with 
Atlantic highly migratory species (HMS) permits to implement 
recommendations adopted at recent meetings of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT). The proposed 
rule would expand the current prohibition on transfer at sea to include 
any tuna, tuna-like species, or other Atlantic HMS both at sea and in 
port inside the Atlantic Ocean, and also prohibit the transfer of 
Atlantic HMS by U.S. vessels outside of the Atlantic Ocean and its 
surrounding seas. However, tuna purse seine vessels would still be 
allowed to transfer Atlantic bluefin tuna from the catcher vessel to 
the receiving vessel in certain limited circumstances. Additionally, 
the proposed rule would revise current regulations for U.S.-permitted 
vessels landing tuna, tuna-like species, or other HMS in foreign ports 
or making port calls in foreign ports to update information and 
reporting procedures. NMFS is also notifying vessels with HMS permits 
of a proposed requirement that they provide an International Maritime 
Organization (IMO)/Lloyd's Registry (LR) number on their permit 
application by no later than January 1, 2016. The purpose of this 
proposed rule is to ensure U.S. compliance with ICCAT recommendations 
and to facilitate implementation of international monitoring, control, 
and surveillance measures for Atlantic HMS.

DATES: Written comments must be received on or before October 14, 2014.

ADDRESSES: You may submit comments, identified by ``NOAA-NMFS-2014-
0063'', by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0063, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Rick Pearson, Atlantic Highly Migratory Species 
Management Division, NMFS, 263 13th Avenue South, Saint Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    NMFS will also conduct a public conference call and webinar to 
solicit public comments on this proposed rule on September 19, 2014. 
For specific information, see the SUPPLEMENTARY INFORMATION section of 
this document.
    Copies of the 2006 Consolidated Atlantic Highly Migratory Species 
Fishery Management Plan (Consolidated HMS FMP) and other relevant 
documents are available from the Atlantic Highly Migratory Species 
Management Division Web site at www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Rick Pearson at 727-824-5399, or LeAnn 
Hogan at 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the 
Consolidated HMS FMP and regulations at 50 CFR part 635, pursuant to 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), and the Atlantic Tunas 
Convention Act (ATCA). Under ATCA, the Secretary promulgates such 
regulations as may be necessary and appropriate to carry out ICCAT 
recommendations. In 2012 and 2013, ICCAT adopted binding measures for 
its Contracting Parties to further combat illegal, unregulated, and 
unreported (IUU) fishing activities. Consistent with these recent ICCAT 
recommendations, this proposed rule would implement domestic 
regulations for vessels that are issued HMS permits, or are required to 
be issued HMS permits, pertaining to transfer at sea and transshipment, 
and international port inspection. It also notifies owners of 
commercial HMS-permitted vessels that are 20 meters or greater in 
length overall of the need to obtain an IMO/LR number by no later than 
January 1, 2016.

Transfer at Sea and Transshipment

    ICCAT Recommendation 12-06 expands and strengthens ICCAT's 
previously adopted program for transshipment. Specifically, it 
eliminates a broad exemption for vessels under 24 meters, expands 
coverage to all ICCAT species whether transshipped

[[Page 54248]]

within or outside the Convention Area, increases observer access to 
documents onboard both transshipping and carrier vessels, and requires 
data to be provided on ICCAT-managed species by stock, as well as on 
other species being transshipped if they were caught in association 
with ICCAT species. These changes were designed to enhance the quality 
of data collected for use in compliance assessments and for scientific 
purposes, and will help eliminate any incentive for vessels to 
transship outside of the ICCAT convention area in order to circumvent 
ICCAT rules. Current domestic transfer at sea regulations already 
prohibit the transfer at sea of Atlantic HMS within the Convention Area 
(i.e., all waters of the Atlantic Ocean including adjacent seas), 
regardless of where the fish were harvested. These regulations also 
require that permitted vessels offload Atlantic HMS to permitted 
dealers, thereby precluding transfers in port. In this rulemaking, NMFS 
is proposing to amend these regulations to expand the prohibition on 
transfer at sea to include any tuna, tuna-like species, or other HMS 
within the Convention Area both at sea or in port, and to also prohibit 
the transfer of these species at sea outside of the Convention Area, 
regardless of where the fish were harvested. With these minor changes, 
it would become unlawful for HMS-permitted vessels (or vessels required 
to have an HMS permit) to transfer tuna, tuna-like species, or other 
HMS in port or at sea, both within or outside the Convention Area. 
However, tuna purse seine vessels would continue to be allowed to 
transfer only Atlantic bluefin tuna from the catcher vessel to the 
receiving vessel provided that the amount transferred does not cause 
the receiving vessel to exceed its currently authorized vessel 
allocation, including incidental catch limits.
    The HMS transfer at sea prohibition was first implemented in 1999 
(64 FR 29090, May 28, 1999) in conjunction with publication of the 1999 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 
FMP) and was analyzed in the environmental impact statement for that 
action. The transfer at sea regulation has remained largely unchanged 
since then, with only two minor amendments in 2010 and 2011. This 
proposed action would not significantly alter the regulation. Also, 
there have been no known transfers of Atlantic tuna, tuna-like species, 
or other HMS by U.S. permitted vessels outside of the Convention Area 
(e.g., in the Panama Canal or Pacific Ocean). Thus, the proposed action 
is limited in magnitude and not a significant change from the original 
environmental action. It is not expected to result in socio-economic 
impacts on U.S. fishermen.

 Port Inspection

    ICCAT Recommendation 12-07 establishes a scheme for minimum 
standards for inspection in port that revises and strengthens ICCAT's 
previous port inspection program (Recommendation 97-10). The term 
``port States'' refers to countries where vessels are landing fish or 
making port calls. The term ``flag States'' refers to countries that 
have permitted fishing vessels. Pursuant to Recommendation 12-07, port 
State responsibilities include: (1) Designating and publicizing their 
ports where foreign fishing vessels can land or transship ICCAT-managed 
species that have not previously been landed or transshipped at port; 
(2) requiring advance notice from foreign fishing vessels seeking to 
enter those ports; (3) deciding whether or not to grant entry to such 
vessels in consideration of the information received; and, (4) carrying 
out inspections of at least five percent of landing or transshipment 
operations made by foreign vessels once in port. The provisions of 
Recommendation 12-07 are to be applied to foreign fishing vessels equal 
to or greater than 12 meters in length overall. Notwithstanding the 
above minimum standards, port States may adopt more stringent port 
inspection requirements.
    ICCAT Recommendation 12-07 also requires that flag States take 
necessary action to ensure that Masters facilitate safe access to the 
fishing vessel, cooperate with the competent authorities of the port 
State, facilitate the inspection and communication and not obstruct, 
intimidate or interfere, or cause other persons to obstruct, intimidate 
or interfere with port State inspectors in the execution of their 
duties.
    The United States Coast Guard (USCG) operates the advance notice of 
arrival system applicable to foreign vessels seeking entry to U.S. 
ports, and such vessels are subject to inspection by NOAA and USCG 
personnel under other existing law. NOAA, USCG, and other relevant 
Federal agencies are in inter-agency discussions on implementation of 
those provisions of Recommendation 12-07 that pertain to U.S. 
responsibilities as a port State, such as advance notice of arrival by 
foreign fishing vessels. Full implementation of those provisions will 
require separate, additional rulemaking in the future by one or more 
U.S. agencies and may be addressed in concert with other port State 
requirements stemming from measures adopted by other Regional Fishery 
Management Organizations (RFMOs) as well as the Agreement on Port State 
Measures to Prevent and Deter, and Eliminate Illegal, Unreported, and 
Unregulated Fishing, adopted by the United Nations Food and 
Agricultural Organization (FAO) in 2009, should the United States 
become a party. The U.S. Senate gave its advice and consent for 
ratification of this treaty in April 2014 and Congress is currently 
considering implementing legislation.
    In this action, NMFS is only proposing to implement certain 
provisions of Recommendation 12-07. Specifically, this proposed rule 
would revise current regulations applicable to U.S.-permitted vessels 
landing tuna, tuna-like species, or other HMS in foreign ports or 
making port calls in foreign ports, which are codified at 50 CFR part 
635. The proposed action would revise Sec.  635.52 to include technical 
and electronic equipment, records, and other relevant documents deemed 
necessary to ensure compliance with ICCAT measures as examples of what 
may be inspected by an authorized officer of a port State when 
offloading tuna, tuna-like species or other HMS in a foreign port or 
when making a port call in foreign ports. This rule also proposes to 
add new language at Sec.  635.53 to inform U.S. vessel operators of the 
information that they must provide to the port State prior to arrival 
in a foreign port. Finally, this rule adds Sec.  635.54, which notifies 
U.S. vessels of the updated procedures for the port State when 
reporting the results of any port inspection conducted by an authorized 
foreign port State inspector. The proposed regulations are necessary to 
maintain consistency with current ICCAT recommendations and to ensure 
that U.S. permitted fishing vessels have the most current information 
available to comply with the requirements of foreign countries pursuant 
to ICCAT Recommendation 12-07. These changes are limited in magnitude 
and are not expected to result in socio-economic impacts on U.S. 
fishermen.

Unique Vessel Identifiers

    ICCAT Recommendation 13-13 requires vessels 20 meters or greater to 
obtain an IMO/LR number by no later than January 1, 2016. Current HMS 
regulations at 50 CFR 635.4(h) are sufficient to comply with this 
Recommendation, as they allow NMFS to collect required supporting 
documents, which would include an IMO/LR number, as a condition for 
obtaining an HMS permit and for being included on the ICCAT list of

[[Page 54249]]

authorized large scale fishing vessels. Permit applications that do not 
contain the required supporting documents are considered incomplete. 
However, NMFS will need to amend the HMS permit applications to add a 
new field for the IMO/LR number. NMFS intends to amend the permit 
applications so that affected constituents can provide their IMO/LR 
number on the application for their 2015 permits. Therefore, through 
this rulemaking, NMFS is informing affected constituents about the need 
to obtain an IMO/LR number and to provide that number on their permit 
application by no later than January 1, 2016. No regulatory changes are 
currently being proposed to comply with ICCAT Recommendation 13-13.

Technical Correction

    A final rule to lift trade restrictions on bigeye tuna from Bolivia 
and Georgia was published in the Federal Register on August 29, 2012 
(77 FR 52259). The prohibition on the import of bigeye tuna from 
Bolivia and Georgia at 50 CFR 635.71(b)(29) was inadvertently not 
removed by NMFS in that final rule. A technical correction to remove 
and reserve Sec.  635.71(b)(29) is included in this proposed rule.

Request for Comments

    Comments on this proposed rule may be submitted via https://www.regulations.gov, or by mail. NMFS solicits comments on this 
proposed rule by October 14, 2014.

Public Conference Call and Webinar

    NMFS will hold a public hearing via conference call and webinar to 
provide an opportunity for the public to comment on the proposed 
management measures. The conference call and webinar will be conducted 
on September 19, 2014.

                          Table 1--Date and Time of Public Conference Call and Webinar
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                Date                          Time                  Location                   Address
----------------------------------------------------------------------------------------------------------------
September 19, 2014.................  2:00-4:00 p.m.........  Public Conference Call  To participate in
                                                              & Webinar.              conference call, call:
                                                                                      (888) 282-0568, Passcode:
                                                                                      3095296.
                                                                                     To participate in webinar,
                                                                                      go to: https://noaa-meets.webex.com/noaa-meets/j.php?MTID=m49d28c3aebcdf2f294fb4ddb86f27506 f294fb4ddb86f27506
                                                                                     Meeting Number: 998 128
                                                                                      071.
                                                                                     Meeting Password: NOAA.
----------------------------------------------------------------------------------------------------------------

    Requests for auxiliary aids should be directed to Rick Pearson at 
(727) 824-5399 at least 7 days prior to the conference call and 
webinar. The public is reminded that NMFS expects participants on phone 
conferences to conduct themselves appropriately. At the beginning of 
the meeting, a representative of NMFS will explain the ground rules 
(e.g., attendees will be called to give their comments in the order in 
which they registered to speak; each attendee will have an equal amount 
of time to speak; attendees may not interrupt one another; etc.). The 
NMFS representative will structure the meeting so that all 
participating members of the public will be able to comment, if they so 
choose, regardless of the controversial nature of the subject(s). 
Attendees are expected to respect the ground rules, and those that do 
not will be asked to leave the meeting.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the 2006 Consolidated HMS FMP, other provisions 
of the Magnuson-Stevens Act, ATCA, and other applicable law, subject to 
further consideration after public comment.
    This action has been preliminarily determined to be categorically 
excluded from the requirement to prepare an environmental assessment in 
accordance with NAO 216-6, subject to further consideration after 
public comment. A draft memorandum for the file has been prepared that 
sets forth the decision to use a categorical exclusion because the rule 
would implement minor adjustments to the regulations and would not have 
a significant effect, individually or cumulatively, on the human 
environment. A final determination will be made prior to publication of 
the final rule for this action.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). ICCAT Recommendation 13-13 requires commercial vessels 20 meters 
or greater to obtain an International Maritime Organization (IMO) or 
Lloyd's Registry (LR) number by no later than January 1, 2016. To 
comply with this Recommendation, as a condition for obtaining an HMS 
permit, NMFS will require that an IMO/LR number be provided on the HMS 
permit application from affected constituents by no later than January 
1, 2016. A permit application will be considered incomplete if an IMO/
LR number is not provided by an affected constituent. An amendment to 
OMB Control Number 0648-0205 (Southeast Region Federal Fisheries Permit 
Family of Forms) and Control Number 0648-0327 (HMS Vessel Permits) will 
be subsequently submitted to the Office of Management and Budget for 
approval.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    This proposed rule is necessary to implement recent recommendations 
of ICCAT, as required by ATCA, and to achieve domestic management 
objectives under the Magnuson-Stevens Act. Under ATCA, the Secretary 
promulgates such regulations as may be necessary and appropriate to 
carry out ICCAT recommendations.
    In 1997, ICCAT adopted binding measures to address the transfer at 
sea of ICCAT-managed species (Recommendation 97-11), and port 
inspection procedures for vessels landing ICCAT-managed species in 
foreign ports (Recommendation 97-10). These recommendations were first 
implemented domestically in 1999 (64 FR 29090, May 28, 1999) in 
conjunction with publication of the 1999 Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (1999 FMP). In 2012 and 2013, 
ICCAT strengthened these recommendations to further combat IUU fishing 
activities. Accordingly, NMFS is preparing a proposed rule to implement 
the recent ICCAT recommendations to demonstrate U.S. compliance and 
facilitate implementation of

[[Page 54250]]

international monitoring, control, and surveillance measures for 
Atlantic HMS.
    Current domestic regulations at 50 CFR 635.29 prohibit the transfer 
at sea of Atlantic HMS within the Convention Area. Current regulations 
at 50 CFR 635.31 also require that permitted vessels offload Atlantic 
HMS to permitted dealers, thereby precluding transfers in port. The 
proposed action would extend the current prohibition on transfer at sea 
to any tuna, tuna-like species, or other HMS between vessels, both in 
port and at sea, within the Convention Area, and also prohibit the 
transfer of these species at sea outside of the Convention Area. The 
proposed action to extend the prohibition on transfer at sea applies to 
all HMS-permitted vessels, of which there are approximately 30,000 
vessels (21,686 Angling; 4,059 commercial tuna; 3,968 Charter/Headboat; 
556 limited access swordfish and shark; 73 Incidental Squid Trawl; 16 
Caribbean Small Boat; and, approximately 100 swordfish General 
Commercial).
    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467 (June 12, 
2014)). The rule increased the size standard from $19.0 to $20.5 
million for finfish fishing, from $5 to $5.5 million for shellfish 
fishing, and from $7.0 million to $7.5 million for other marine 
fishing, for-hire businesses, and marinas. Id. at 33656, 33660, and 
33666.
    The proposed rule for this action was analyzed using the old size 
standards. Under the previous size standards, all 30,000 HMS-permitted 
vessels were considered to be small entities for purposes of the 
Regulatory Flexibility Act. In light of the new size standards, 
implemented on June 12, 2014, NMFS has reviewed the analyses prepared 
for this action. The new standards do not result in any more entities 
being considered small and the new size standards do not affect NMFS' 
decision to certify this action. NMFS solicits public comment on the 
analyses in light of the new size standards.
    Although this rule impacts a significant number of small entities, 
there have been no known transfers of Atlantic HMS by U.S. permitted 
vessels outside of the Convention Area (e.g., in the Panama Canal or 
Pacific Ocean). Because the current regulations prohibit the transfer 
of tuna, tuna-like species, or other HMS at sea and in port, and 
because there have been no known transfers of HMS at sea outside the 
Convention Area, the proposed action to expand the prohibition on 
transfer at sea is not expected to result in socioeconomic impacts on 
U.S. fishermen.
    Current domestic regulations at 50 CFR 635.52 indicate that a 
vessel's ``catch, gear, and relevant documents, including fishing 
logbooks and cargo manifests'' are subject to inspection to verify 
compliance with ICCAT measures when landing ICCAT-managed species in a 
foreign port. Consistent with ICCAT Recommendation 12-07, NMFS is 
proposing to include ``equipment'' (including technical and electronic 
equipment), ``records,'' and ``any documents the authorized officer 
deems necessary to determine compliance with ICCAT conservation and 
management measures'' as examples of what may be inspected by an 
authorized officer of a port State when offloading tuna, tuna-like 
species or other HMS in a foreign port or when making a port call in 
foreign ports. The proposed action to notify U.S. vessels of 
requirements for port inspection when offloading HMS in foreign ports 
or making port calls in foreign ports would affect approximately 10 
vessels that have offloaded HMS in foreign ports since April 2013 
(note: These vessels offloaded to HMS-permitted dealers). All 10 
vessels are considered to be small under the SBA's new size standards. 
The proposed action would not significantly alter current regulations, 
but would merely provide updated information.
    This rule also proposes to revise Sec.  635.53 to inform U.S. 
vessel operators of the information that they must provide to the port 
State prior to arrival in a foreign port. We do not anticipate that 
this requirement will impact a significant amount of vessels, as 
approximately 10 U.S. vessels have offloaded HMS in foreign ports since 
April 2013. NMFS is not proposing to add any new requirements on U.S. 
vessels with this revision. In addition, because port States are not 
regulated entities of the United States, there are no economic impacts 
to U.S. regulated entities.
    This rule also proposes to revise Sec.  635.54, and would merely 
describe the procedures for reporting by the port State the results of 
any port inspection conducted by an authorized foreign port State 
inspector. NMFS is not proposing to add any new requirements on U.S. 
vessels with this revision. In addition, because port States are not 
regulated entities of the United States, there are no economic impacts 
to U.S. regulated entities.
    The requirement to obtain an IMO/LR number by no later than January 
1, 2016, would apply to all commercial vessels 20 meters or larger in 
length which is approximately 253 vessels. However, 113 of these 
vessels already have an IMO/LR number. The remaining 140 vessels would 
have to obtain a number. These numbers are free of charge and are 
issued by IHS Maritime on behalf of the International Maritime 
Organization. The application process is available online at https://www.imonumbers.lrfairplay.com/. The burden associated with this 
requirement will be analyzed in the Paperwork Reduction Act submission 
prepared for a revision or change to OMB 0648-0205 (Southeast Region 
Federal Fisheries Permit Family of Forms) and OMB 0648-0327 (HMS Vessel 
Permits).
    These regulations are necessary to maintain consistency with 
current ICCAT recommendations and to ensure that U.S.-permitted fishing 
vessels have the most current information available regarding ICCAT 
recommendations. The proposed changes in this rule are very limited in 
magnitude. They are not expected to result in socioeconomic impacts on 
U.S. fishermen.
    Finally, this rule makes a technical correction to remove and 
reserve Sec.  635.71(b)(29), which was inadvertently not removed when 
the final rule lifting trade restrictions on bigeye tuna from Bolivia 
and Georgia was published in the Federal Register on August 29, 2012. 
This provision is a housekeeping measure to ensure that the regulations 
are clear and consistent.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Penalties, Reporting and 
recordkeeping requirements, Treaties.

    Dated: September 8, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR part 635 is proposed to 
be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. Section 635.29 is revised to read as follows:


Sec.  635.29  Transfer at sea and transshipment.

    (a) A person who owns or operates a vessel issued a permit, or 
required to be issued a permit, under Sec.  635.4 may not, transfer any 
tuna or tuna-like species, or other HMS, at sea or in port, regardless 
of where the fish was harvested, except

[[Page 54251]]

as provided in paragraph (c) of this section.
    (b) For the purposes of this part, ``transfer'' means the act of 
``transshipping'' as defined at 50 CFR 300.301. Notwithstanding the 
definition of ``harvest'' at Sec.  600.10 of this chapter, for the 
purposes of this part, transfer also includes, but is not limited to, 
moving or attempting to move a tuna that is on fishing gear or other 
gear in the water from one vessel to another vessel.
    (c) An owner or operator of a vessel for which a Purse Seine 
category Atlantic Tunas category permit has been issued under Sec.  
635.4 may transfer large medium and giant Atlantic BFT at sea from the 
net of the catching vessel to another vessel for which a Purse Seine 
category Atlantic Tunas permit has been issued, provided the amount 
transferred does not cause the receiving vessel to exceed its currently 
authorized vessel allocation, including incidental catch limits.
0
3. Section 635.51 is revised to read as follows:


Sec.  635.51  Authorized officer.

    For the purposes of this subpart, an authorized officer is a person 
appointed by an ICCAT contracting party to conduct inspections for the 
purpose of determining compliance with ICCAT conservation and 
management measures and who possesses identification issued by the 
authorized officer's national government.
0
4. Section 635.52 is revised to read as follows:


Sec.  635.52  Vessels subject to inspection.

    (a) All U.S. fishing vessels carrying fish species subject to 
regulation pursuant to a recommendation of ICCAT that have not been 
previously landed or transshipped at port, as well as the vessel's 
catch, gear, equipment, records, and any documents the authorized 
officer deems necessary to determine compliance with ICCAT conservation 
and management measures, are subject to inspection when in a port of 
any ICCAT contracting or cooperating non-contracting party. A list of 
ports, designated by ICCAT contracting or cooperating non-contracting 
parties, to which foreign vessels carrying fish species subject to 
regulation pursuant to a recommendation of ICCAT may seek entry is 
available on the ICCAT Web site.
    (b) While in port, the master, crewmember, or any other person on a 
U.S. vessel carrying fish species subject to regulation pursuant to a 
recommendation of ICCAT must cooperate with an authorized officer 
during the conduct of an inspection, including by facilitating safe 
boarding. ICCAT recommendations require that inspections be carried out 
so that the vessel suffers minimum interference and inconvenience, and 
so that degradation of the quality of catch is avoided.
0
5. Section 635.53 is revised to read as follows:


Sec.  635.53  Prior notification.

    (a) U.S. vessels carrying tuna or tuna-like species or other HMS 
that are seeking to enter the port of another ICCAT contracting or 
cooperating party must provide to the port State, at least 72 hours 
before the estimated time of arrival at the port or in accordance with 
any other time period specified by the foreign government, the 
following information:
    (1) Vessel identification (External identification; Name; Flag 
State; ICCAT Record No., if any; IMO No., if any; and international 
radio call sign);
    (2) Name of the designated port, as referred to in the ICCAT 
register, to which it seeks entry and the purpose of the port call;
    (3) Fishing authorization or, where appropriate, any other 
authorization held by the vessel to support fishing operations on 
ICCAT-managed species and/or fish products originating from such 
species;
    (4) Estimated date and time of arrival in port;
    (5) In kilograms, the estimated quantities of each ICCAT-managed 
species and/or fish products originating from such species to be held 
on board and to be landed, with associated catch areas;
    (6) Other information, as requested by the foreign ICCAT 
contracting or cooperating non-contracting party, to determine whether 
a vessel has engaged in IUU fishing, or related activities;
    (b) After receiving information pursuant to paragraph (a) of this 
section, the foreign ICCAT contracting or cooperating non-contracting 
party should decide whether to authorize or deny the entry of a vessel 
into its port.
0
6. Section 635.54 is added to read as follows:


Sec.  635.54  Reports.

    Owners and operators of U.S. vessels subject to inspection under 
Sec.  635.23 are hereby notified that the ICCAT recommendation 
establishing a scheme for minimum standards for inspection in port 
requires that:
    (a) Upon completion of the inspection, the authorized officer shall 
provide the Master of the U.S. fishing vessel with the inspection 
report containing the findings of the inspection, including any 
violations found and possible subsequent measures that could be taken 
by the foreign ICCAT contracting or cooperating non-contracting party. 
The Master of the U.S. vessel is entitled to add or have added to the 
report any comments or objections, and to add his or her own signature 
as an acknowledgement of receipt,
    (b) Copies of the inspection report shall also be provided by the 
port State to the ICCAT Secretariat and, as appropriate, to NMFS and 
other contracting or cooperating non-contracting parties of ICCAT,
    (c) Any enforcement action taken by the foreign ICCAT contracting 
or cooperating non-contracting party in response to an infringement 
shall be reported to the United States and to the ICCAT Secretariat, 
and
    (d) The foreign ICCAT contracting or cooperating non-contracting 
party shall refer any infringements found that do not fall within its 
jurisdiction, or with respect to which it has not taken action, to the 
flag State of the vessel (i.e., to NMFS).
0
7. In Sec.  635.71:
0
a. Remove and reserve paragraph (b)(29);
0
b. Add paragraph (a)(57): and
0
c. Revise paragraphs (b)(21), (c)(2), (d)(5), and (e)(5); to read as 
follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (57) Transfer in port or at sea any tuna, tuna-like species, or 
other HMS, as specified in Sec.  635.29(a).
    (b) * * *
    (21) Transfer a tuna, except as may be authorized for the transfer 
of Atlantic BFT between purse seine vessels, as specified in Sec.  
635.29(c).
* * * * *
    (c) * * *
    (2) Transfer a billfish in port or at sea, as specified in Sec.  
635.29(a).
* * * * *
    (d) * * *
    (5) Transfer a shark in port or at sea, as specified in Sec.  
635.29(a).
* * * * *
    (e) * * *
    (5) Transfer a swordfish in port or at sea, as specified in Sec.  
635.29(a).
* * * * *
[FR Doc. 2014-21694 Filed 9-10-14; 8:45 am]
BILLING CODE 3510-22-P