International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Initial Implementation of the Western and Central Pacific Fisheries Convention, 23965-23983 [E9-12037]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Proposed Rules]
[Pages 23965-23983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12037]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 070717350-7391-01]
RIN 0648-AV63


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Initial Implementation of the Western and 
Central Pacific Fisheries Convention

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes regulations to implement, in part, the Western 
and Central Pacific Fisheries Convention Implementation Act (Act), 
which authorizes the Secretary of Commerce to promulgate regulations 
needed to carry out 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), including 
implementing the decisions of the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (WCPFC). NMFS has determined that this action is 
necessary for the United States to satisfy its international 
obligations under the Convention, to which it is a Contracting Party. 
It would have the effect of requiring that all relevant U.S. fishing 
vessels are operated in conformance with the provisions of the 
Convention.

DATES: Comments must be submitted in writing by June 22, 2009.

ADDRESSES: You may submit comments on this proposed rule, identified by 
0648-AV63, and the draft environmental assessment (EA) and the 
regulatory impact review (RIR) prepared for the proposed rule by any of 
the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal, at https://www.regulations.gov.
     Mail: William L. Robinson, Regional Administrator, NMFS 
Pacific Islands Regional Office (PIRO), 1601 Kapiolani Blvd., Suite 
1110, Honolulu, HI 96814. Include the identifier ``0648-AV63'' in the 
comments.
    Instructions: All comments received are part of the public record 
and

[[Page 23966]]

generally will be posted to https://www.regulations.gov without change. 
All personal identifying information (for example, name and address) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit confidential business information or otherwise sensitive or 
protected information. NMFS will accept anonymous comments (if 
submitting comments via the Federal e-Rulemaking portal, enter ``N/A'' 
in the relevant required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word 
or Excel, WordPerfect, or Adobe PDF file formats only.
    An initial regulatory flexibility analysis (IRFA) prepared under 
the authority of the Regulatory Flexibility Act (RFA) is included in 
the Classification section of the SUPPLEMENTARY INFORMATION section of 
this proposed rule.
    Copies of the draft EA and RIR prepared for this proposed rule are 
available at https://www.fpir.noaa.gov/IFD/ifd_documents_data.html or 
may be obtained from William L. Robinson (see ADDRESSES).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to William L. Robinson, Regional 
Administrator, NMFS PIRO (see address above) and by e-mail to David_Rostker@omb.eop.gov or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808-944-2219.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This proposed rule is also accessible at https://www.gpoaccess.gov/fr.

Background on the Convention

    The Convention was opened for signature in Honolulu on September 5, 
2000, and entered into force in June 2004. The full text of the 
Convention can be obtained from the WCPFC website at: https://www.wcpfc.int/convention.htm. The area of application of the 
Convention, or the Convention Area, comprises the majority of the 
western and central Pacific Ocean. A map showing the exact boundaries 
of the Convention Area can be found on the WCPFC website at: https://www.wcpfc.int/pdf/Map.pdf. The Convention is focused on highly 
migratory species (HMS) and stocks of HMS. Under the Western and 
Central Pacific Fisheries Convention Implementation Act (Public Law 
109-479, Sec 501, et seq., and codified at 16 U.S.C. 6901 et seq.), HMS 
fish stocks are defined to mean all fish stocks of the species listed 
in Annex I of the United Nations Convention on the Law of the Sea of 10 
December 1982, except sauries, occurring in the Convention Area, and 
such other species of fish as the WCPFC may determine. The Convention 
also provides for the conservation and management of non-target, 
associated and dependent species.
    The WCPFC, established under the Convention, is comprised of the 
Contracting Parties to the Convention and fishing entities that have 
agreed to be bound by the regime established by the Convention. Other 
entities that participate in the WCPFC include Participating 
Territories and Cooperating Non-Members. Participating Territories 
participate with the authorization of their respective Contracting 
Parties. Cooperating Non-Members are admitted by the WCPFC on a year-
to-year basis.
    The current Contracting Parties to the Convention are: Australia, 
Canada, China, Cook Islands, European Community, Federated States of 
Micronesia, Fiji, France, Japan, Kiribati, Korea, Marshall Islands, 
Nauru, New Zealand, Niue, Palau, Papua New Guinea, Philippines, Samoa, 
Solomon Islands, Tonga, Tuvalu, United States of America and Vanuatu. 
Chinese Taipei (Taiwan), as a fishing entity, has agreed to be bound by 
the regime established by the Convention. The current Participating 
Territories are: French Polynesia, New Caledonia and Wallis and Futuna 
(affiliated with France); Tokelau (affiliated with New Zealand); and 
the Territory of American Samoa, the Commonwealth of the Northern 
Mariana Islands and the Territory of Guam (affiliated with the United 
States of America). The Cooperating Non-Members for 2009 are Belize, El 
Salvador, Indonesia, Mexico and Senegal.
    The Convention was ratified by, and came into force for, the United 
States in 2007. The United States thereby became a full Member of the 
WCPFC after having been a Cooperating Non-Member since the WCPFC's 
establishment in 2004.

International Obligations of the United States under the Convention

    The United States will, in general, implement the provisions of the 
Convention under authority of the Act, and, as appropriate, under 
authority of the High Seas Fishing Compliance Act of 1995 (HSFCA; 16 
U.S.C. 5501 et seq.), the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA; 16 U.S.C. 1801 et seq.), the South Pacific Tuna 
Act of 1988 (SPTA; 16 U.S.C. 973-973r), and other applicable law.
    The HSFCA implements the Agreement to Promote Compliance with 
International Conservation and Management Measures by Fishing Vessels 
on the High Seas, adopted by the Conference of the Food and Agriculture 
Organization of the United Nations on November 24, 1993, and 
establishes a system of permitting, reporting, and regulation for U.S. 
vessels fishing on the high seas. The MSA governs the conduct of U.S. 
fisheries, primarily through fishery management plans developed by the 
Regional Fishery Management Councils and approved by the Secretary of 
Commerce. The SPTA implements the Treaty on Fisheries between the 
Governments of Certain Pacific Island States and the Government of the 
United States of America (South Pacific Tuna Treaty), and includes 
licensing and other requirements and restrictions for U.S. purse seine 
vessels fishing in the area of application of the South Pacific Tuna 
Treaty.
    Authority to administer and enforce the Act, including the 
authority to promulgate regulations, is given to the Secretary of 
Commerce (Secretary). In promulgating regulations, the Secretary is 
directed to consult with the Secretary of State and the Secretary of 
the Department in which the United States Coast Guard (USCG) is 
operating.
    This proposed rule would implement only those provisions of the 
Convention that are fully specified; that is, provisions for which no 
further action is required by the WCPFC prior to implementation. For 
example, the WCPFC has adopted procedures for boarding and inspection 
of fishing vessels on the high seas in the Convention Area, as called 
for in Article 26 of the Convention. Consequently, the Convention's 
provisions on high seas boarding and inspection, including the 
procedures adopted by the WCPFC, would be implemented via this proposed 
rule. Certain Convention provisions will require further elaboration by 
the WCPFC before they can be implemented. As an example, Article 29 of 
the Convention calls for the WCPFC to develop procedures to monitor 
transshipments in the Convention Area. Those procedures have not yet 
been adopted by the WCPFC; therefore regulations to implement them are 
not included in this proposed rule.

[[Page 23967]]

Description of the Proposed Action

    The proposed rule is described below in terms of its 10 main 
elements.

1. Authorization to fish

    Owners or operators of U.S. vessels used for commercial fishing for 
HMS on the high seas in the Convention Area would be required to obtain 
a new NMFS-issued fishing authorization, called a ``WCPFC Area 
Endorsement.'' Fishing would be defined, consistent with its definition 
under the Act, to specifically include receiving fish from another 
fishing vessel and bunkering or otherwise supplying or supporting a 
vessel that engages in fishing. Thus, carriers that receive HMS from 
another vessel, vessels that bunker vessels used to fish for HMS, and 
vessels that engage in operations at sea directly in support of, or in 
preparation for, fishing or transshipping by other vessels would be 
subject to this and other requirements of the proposed rule. This new 
authorization would be issued by the Regional Administrator of NMFS, 
Pacific Islands Region, supplemental to, and as an endorsement on, the 
permits issued under the authority of the HSFCA (high seas fishing 
permits; see 50 CFR 300.13). The prerequisites to obtaining a WCPFC 
Area Endorsement would be: having a valid high seas fishing permit (or 
simultaneously applying for one), submitting a complete application 
(see the next item, ``vessel information''), and paying the required 
administrative fee. The application form would be designed as a 
supplement to the application for a high seas fishing permit. The WCPFC 
Area Endorsement would become void upon expiration, suspension, or 
revocation of the underlying high seas fishing permit. The WCPFC Area 
Endorsement is also subject to suspension or revocation independent to 
the high seas fishing permit. Holding a WCPFC Area Endorsement would 
trigger a number of other requirements, as described in the elements 
that follow.

2. Vessel information

    Vessel owners and operators that apply for WCPFC Area Endorsements 
would be required to submit to NMFS, in their application forms for 
WCPFC Area Endorsements, specified information about the vessel and its 
operator (i.e., the master on board and in charge of the vessel) that 
is not already collected via the high seas fishing permit application. 
This information includes the name and nationality of the vessel 
operator (or operators); the communication types used on the vessel 
(e.g., single sideband radio, voice Inmarsat, fax Inmarsat, e-mail 
Inmarsat, telex Inmarsat, or other type of satellite telephone), along 
with the communication service used and the identifying/contact number 
for each; the fishing methods used or intended to be used; the vessel's 
fish hold capacity, expressed in terms of either cubic meters or short 
tons; and the vessel's refrigeration and freezer capacity, including 
the types of refrigeration and freezer systems on board, the number of 
refrigeration and freezer units of each type, and the total 
refrigerating or freezing capacity of each type of system.
    In addition, a bow-to-stern side-view photograph of the vessel in 
its current form and appearance, and in any case no older than five 
years, would have to be submitted to NMFS. The photograph could be in 
either paper or electronic format and must meet certain minimum 
specifications in terms of its size and resolution and the legibility 
of the vessel markings. Although the international radio call sign 
assigned to a given vessel is already collected in high seas fishing 
permit applications, an indication of whether or not an international 
radio call sign has been assigned to the vessel and what it is also 
would have to be submitted to NMFS by applicants for WCPFC Area 
Endorsements. This is because of the importance under the Convention of 
a vessel's international radio call sign (e.g., see paragraph below on 
``vessel identification'') and NMFS' need to verify that that the 
collected information is accurate. WCPFC Area Endorsement holders would 
have to submit to NMFS any subsequent changes to the submitted 
information within 15 days of the change.
    In addition, owners or operators of any U.S. vessel used for 
fishing for HMS in the Convention Area in areas under the jurisdiction 
of any nation other than the United States (i.e., vessels for which a 
WCPFC Area Endorsement would not necessarily be required) would be 
required to submit to NMFS information about the vessel, its owners and 
operators and any fishing authorizations issued by such other nations. 
Specifically, all the information specified in the application for high 
seas fishing permits and in the application for WCPFC Area Endorsements 
would be required, as well as, for each fishing authorization issued by 
a nation or political entity other than the United States, the name of 
the nation or political entity, the name of the issuing authority, the 
authorization type, the period of validity, the specific activities 
authorized, the species for which fishing is authorized, the areas in 
which fishing is authorized, and any unique identifiers assigned to the 
authorization. Copies of any such fishing authorizations also would 
have to be submitted to NMFS. This information would be collected via a 
new form (Foreign EEZ Form) designed for this purpose, and vessel 
owners/operators would be required to submit to NMFS any subsequent 
changes to the submitted information within 15 days of the change.
    The collected information referred to above would be incorporated 
by NMFS into a record of U.S. fishing vessels authorized to be used for 
commercial fishing for HMS in the Convention Area beyond areas of U.S. 
jurisdiction. In accordance with the Convention, NMFS would keep this 
record updated and share it with the WCPFC, which would combine it with 
the records of its other Members and Cooperating Non-Members and make 
it publicly available via its website and other means.

3. Vessel monitoring system

    Owners and operators of vessels with WCPFC Area Endorsements would 
be required to have installed, activate, carry and operate vessel 
monitoring system (VMS) units (also known as ``mobile transmitting 
units'') that are type-approved by NMFS, and authorize the WCPFC and 
NMFS to receive and relay transmissions (also called ``position 
reports'') from the VMS unit to the WCPFC and to NMFS. The WCPFC and 
NMFS would use the position reports as part of their respective VMS. 
Activation of a VMS unit would be required any time the unit is 
installed or reinstalled, any time the mobile communications service 
provider has changed, and any time directed by NMFS. Activation would 
involve submitting to NMFS a report via mail, facsimile or email with 
information about the vessel, its owner or operator, and the VMS unit, 
as well as receiving confirmation from NMFS that the VMS unit is 
transmitting position reports properly. The VMS unit would have to be 
turned on and operating (i.e., transmitting automated position reports) 
at all times while the vessel is at sea, both inside and outside the 
Convention Area. The VMS unit may be turned off while the vessel is in 
port, but only if the vessel operator notifies NMFS via mail, facsimile 
or email prior to such shut-down. In such cases, NMFS must also be 
notified when the VMS unit is subsequently turned back on (these two 
types of notifications are called ``on/off reports''), and the vessel 
operator must receive confirmation from NMFS that the VMS unit is 
functioning properly prior to leaving port. In the case of failure of 
the

[[Page 23968]]

VMS unit while at sea, the vessel operator would be required to contact 
NMFS and follow the instructions provided by NMFS, which could include, 
among other actions: submitting position reports at specified intervals 
by other means, ceasing fishing, stowing fishing gear, and/or returning 
to port; and repairing or replacing the VMS unit and ensuring it is 
operable before starting the next trip. To facilitate communication 
with management and enforcement authorities about the functioning of 
the VMS unit and other purposes, operators of vessels with WCPFC Area 
Endorsements would be required to carry on board and continuously 
monitor while at sea a two-way communication device capable of real-
time communication with NMFS in Honolulu. For the purpose of submitting 
position reports that might be required in the case of VMS unit 
failure, vessel operators must also carry on board a communication 
device capable of transmitting, while the vessel is on the high seas in 
the Convention Area, communications by telephone, facsimile, email, or 
radio to the WCPFC in Pohnpei, Micronesia.
    The vessel owner and operator would be responsible for all costs 
associated with the purchase, installation and maintenance of the VMS 
unit, and for all charges levied by the mobile communications service 
provider as necessary to ensure the transmission of automatic position 
reports to NMFS. However, if the VMS unit is being carried and operated 
in compliance with the requirements in 50 CFR part 300, 50 CFR part 
660, or 50 CFR part 665 relating to the installation, carrying, and 
operation of VMS units, the vessel owner and operator would not be 
responsible for costs that are the responsibility of NMFS under those 
regulations. In addition, the vessel owner and operator would not be 
responsible for the costs of transmitting the automatic position 
reports to the WCPFC.
    NMFS publishes separately type-approval lists of VMS units. The 
current type-approval lists can be obtained from NMFS, Office of Law 
Enforcement, 8484 Georgia Avenue, Suite 415, Silver Spring, MD 20910; 
by telephone at 888-210-9288; or by fax at 301-427-0049.
    The proposed rule is worded so as to avoid duplication with other 
VMS requirements, such as those established under the MSA and the SPTA. 
Compliance with the existing VMS requirements at 50 CFR part 300, 50 
CFR part 660, and 50 CFR part 665 would satisfy this new requirement, 
provided that the VMS unit is type-approved by NMFS specifically for 
fisheries governed under the Act, the VMS unit is operated continuously 
at all times while the vessel is at sea, the vessel owner and operator 
have authorized the WCPFC and NMFS to receive and relay transmissions 
from the VMS unit, and the proposed requirements in case of VMS unit 
failure are followed.

4. Vessel observer program

    When in the Convention Area, the operator of a vessel with a WCPFC 
Area Endorsement or a vessel used in areas under the jurisdiction of 
another Member of the WCPFC would be required to accept on board and 
accommodate observers deployed as part of the WCPFC ``Regional Observer 
Programme'' (WCPFC ROP). Such observers would include persons 
designated by the WCPFC Secretariat, by the United States or by other 
Members of the WCPFC. Persons would be designated as WCPFC observers by 
the United States or other WCPFC Members only if the national or sub-
regional observer program that deploys such observers has been 
authorized by the WCPFC to be a part of the WCPFC ROP. Once an observer 
program of NMFS is determined by the WCPFC to meet specified minimum 
standards and incorporated into the WCPFC ROP, relevant data collected 
in the NMFS program would be submitted to the WCPFC and maintained and 
used by the WCPFC as data in its larger WCPFC ROP.
    It is anticipated that the NMFS observer program operating out of 
Honolulu, Hawaii, and Pago Pago, American Samoa, will be among the 
first national observer programs to be authorized to be part of the 
WCPFC ROP (it has already received interim authorization until July 1, 
2012; full authorization would be granted subsequent to a successful 
audit of the program). Consequently, there would be little, if any, 
change in the placement of observers on vessels in the longline fleets 
based in Hawaii and American Samoa. The WCPFC Secretariat may place an 
occasional observer as part of an auditing process to ensure that 
national and sub-regional observer programs are operating up to WCPFC 
standards. It is also anticipated that U.S. purse seine vessels 
operating under the SPTA would continue to carry observers from the 
Pacific Islands Forum Fisheries Agency (FFA) observer program (a sub-
regional observer program). If the FFA is unable to provide observers 
to meet increased coverage levels mandated by the WCPFC, those vessels 
may make other arrangements to obtain WCPFC-approved observers.
    The responsibilities of vessel operators and crew members with 
respect to observers would include allowing and assisting observers to: 
embark and disembark at agreed times and places; have access to and use 
of all facilities and equipment on board that are necessary to conduct 
observer duties; remove samples; and carry out all duties safely. The 
vessel operator also would be responsible for providing observers, 
while on board the vessel, with food, accommodation and medical 
facilities of a reasonable standard equivalent to those normally 
available to an officer on board the vessel. In the case of longline 
vessels in the Hawaii and American Samoa fleets, however, costs 
incurred for providing subsistence for NMFS observers would be eligible 
for reimbursement, as currently provided at 50 CFR 665.28.

5. Vessel identification

    Vessels with WCPFC Area Endorsements would be required to be marked 
in accordance with the Convention's requirements, which are based on 
the FAO Standard Specifications for the Marking and Identification of 
Fishing Vessels. Specifically, if assigned an international radio call 
sign (IRCS), the port and starboard sides of a vessel's hull or 
superstructure, as well as a deck, would have to be marked with the 
IRCS; if not assigned an IRCS, it would have to be marked with its 
official number (i.e., USCG documentation number or state or tribal 
registration number), preceded by the characters ``USA'' and a hyphen. 
In both cases, the specified marking would be the only allowable 
marking on the hull or superstructure apart from the vessel's name and 
hailing port. The markings would have to be placed so that they are 
clear, distinct, uncovered, and unobstructed. Any boats, skiffs, or 
other watercraft that are carried on board the vessel also would have 
to be marked with the same identifier as the fishing vessel. For some 
affected vessels, this marking requirement would conflict with other 
existing vessel marking requirements, such as those at 50 CFR 300.14 
(under the HSFCA; applicable to vessels used for fishing on the high 
seas), 50 CFR 300.173 (under the legislation implementing the U.S.-
Canada Albacore Treaty; applicable to vessels used for fishing under 
that treaty), 50 CFR 660.704 (under the MSA; applicable to vessels in 
West Coast HMS fisheries), and 50 CFR 665.16 (under the MSA; applicable 
to vessels in western Pacific fisheries). Accordingly, the requirement 
at 50 CFR 300.14 would be

[[Page 23969]]

slightly modified in this proposed rule to make it consistent with this 
new requirement. The Pacific Fishery Management Council and the Western 
Pacific Fishery Management Council are evaluating whether there is a 
need to change the other three sets of regulations in order to remove 
potential conflicts with this proposed rule, if implemented. If the 
Councils recommend such changes, their recommendations would be subject 
to the approval of NMFS and would be implemented by NMFS through the 
rulemaking process.

6. Transshipment restrictions

    Offloading fish from or receiving fish from a purse seine vessel at 
sea in the Convention Area would be prohibited. Transshipping at sea is 
already regulated for U.S. purse seine vessels licensed under the SPTA.

7. Reporting and recordkeeping

    The owner or operator of any U.S. vessel used for commercial 
fishing for HMS anywhere in the Pacific Ocean would be required to 
maintain and submit to NMFS information on fishing effort and catch. 
The proposed rule would be worded so as to avoid duplication with other 
effort and catch reporting requirements, particularly those established 
under the MSA, the HSFCA, the Tuna Conventions Act of 1950 (16 U.S.C. 
951-961 et seq.), the SPTA, and the implementing legislation for the 
U.S.-Canada Albacore Treaty, as well as relevant State reporting 
requirements. Specifically, compliance with other existing reporting 
requirements would satisfy this new Act-mandated reporting requirement. 
The main effect of these proposed reporting requirements would be to 
collect fishing effort and catch information under the authority of the 
Act, which would enable NMFS to meet the reporting requirements of the 
WCPFC in accordance with the Convention and the decisions of the WCPFC. 
Confidentiality of information would be protected and handled by NOAA 
as required under U.S. laws, including the Act and the regulations 
proposed here (see element 10 below). Once the information is submitted 
by NOAA to the WCPFC, it would be handled in accordance with policies 
and procedures adopted by the WCPFC.

8. Compliance with the laws of other nations

    A vessel with a WCPFC Area Endorsement would be prohibited from 
being used for fishing in areas under the jurisdiction of another 
nation unless it holds any license, permit or authorization that may be 
required by such nation to do so. When a vessel with a WCPFC Area 
Endorsement operates in the Convention Area in areas under the 
jurisdiction of a Member of the WCPFC other than the United States, it 
would have to be operated in compliance with the laws of that Member.
    Additionally, the owner and operator of any U.S. fishing vessel 
used in the Convention Area in an area under the jurisdiction of 
another Member of the WCPFC, if used for fishing for, retaining on 
board or landing HMS, would be required to comply with the relevant 
laws of that Member, including any laws related to the use of VMS 
units.

9. Facilitation of enforcement and inspection

    The operator and crew of a vessel with a WCPFC Area Endorsement, 
when in the Convention Area, would be subject to the following 
requirements:
     Carry on board any fishing authorizations issued by 
another nation or political entity, or copies thereof, and make them 
available to specified authorities, depending on the area of 
jurisdiction the vessel is in;
     Continuously monitor the international safety and calling 
radio frequency (156.8 MHz; Channel 16, VHF-FM) and, if equipped to do 
so, the international distress and calling radio frequency (2.182 MHz);
     Carry on board a copy of the International Code of 
Signals; and
     When engaged in transshipment, allow and assist 
transshipment monitors authorized by the WCPFC (if on the high seas) or 
other Members of the WCPFC (if within their areas of jurisdiction) to 
inspect the vessel and gather information and samples.
    In addition, the operator of any U.S. fishing vessel that is used 
for commercial fishing for HMS, when present in the Convention Area in 
an area in which it is not authorized to fish (e.g., on the high seas 
without a valid WCPFC Area Endorsement or in an area under the 
jurisdiction of another nation without an authorization from that 
nation to fish in the area), would be required to stow all fishing gear 
and equipment so such materials are not readily available for fishing.
    Further, the operator of any U.S. fishing vessel (regardless of the 
species for which it is used to fish), when on the high seas in the 
Convention Area, would be required to accept and assist boarding and 
inspection by authorized inspectors of other Contracting Parties to the 
Convention and, if agreed to by the United States, authorized 
inspectors of fishing entities that have agreed to be bound by the 
regime established by the Convention, such as Chinese Taipei (Taiwan), 
provided that such boarding and inspection is undertaken in conformance 
with the WCPFC's adopted procedures.

10. Confidentiality of information

    As mandated by the Act, the proposed rule would include procedures 
designed to preserve the confidentiality of information submitted in 
compliance with the Act and its implementing regulations. In accordance 
with the Convention, the proposed procedures would allow for the 
disclosure of confidential information to the WCPFC. Once such 
information is held by the WCPFC, access to the information would be 
governed by the policies and procedures adopted by the WCPFC.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Western and Central Pacific Fisheries 
Convention Implementation Act and other applicable laws, subject to 
further consideration after public comment.

National Environmental Policy Act

    NMFS has prepared a draft EA that discusses the expected impacts 
that implementation of this proposed rule would have on the 
environment. A copy of the draft EA is available from NMFS and NMFS 
invites public comments on the draft EA (see ADDRESSES).

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    An IRFA was prepared, as required by section 603 of the RFA. The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. The analysis follows:
    There would be no disproportionate economic impacts between small 
and large entities operating vessels resulting from this rule. 
Furthermore, there would be no disproportionate economic impacts based 
on vessel size, gear, or homeport.
    The proposed rule would apply to owners and operators of U.S. 
vessels used for fishing in the Pacific Ocean. Most elements of the 
proposed rule would apply to smaller subsets of that

[[Page 23970]]

pool of vessels, as shown in Table 1. The numbering of the elements in 
Table 1 corresponds to the numbering used in the descriptions earlier 
in this section of the preamble. Table 1 also shows estimates of the 
numbers of vessels, broken down by vessel type where possible, to which 
each element of the proposed rule would apply. Based on (limited) 
financial information about the affected fishing fleets, NMFS believes 
that with the exception of most vessels in the purse seine and carrier 
and support vessel fleets, virtually all the affected vessels are owned 
by small business entities (i.e., they have gross annual receipts of no 
more than $4.0 million). In the purse seine fleet, NMFS believes that 
as many as 10 of the affected vessels are owned by small entities. In 
the carrier and support vessel fleet, NMFS believes that no vessels are 
owned by small entities. The estimated numbers of small entities that 
would be affected by each element of the proposed rule are shown in 
parentheses in the last column of Table 1.

     Table 1. Descriptions and numbers of vessels and small entities to which the proposed rule would apply
----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated number of vessels
              Element of proposed rule                  Description of vessels to      (and small entities) to
                                                        which element would apply     which element would apply
----------------------------------------------------------------------------------------------------------------
1. Authorization to fish                              Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
2a. Vessel information high seas                      Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
2b. Vessel information foreign jurisdictions          Vessels used for commercial   Longline, troll, support 20
                                                       fishing for HMS in foreign    (20)
                                                       jurisdictions in Convention  Purse seine 40 (10)
                                                       Area.                        Total 60 (30)
3. VMS                                                Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
4a. Vessel observer program high seas                 Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5(0)
                                                                                    Total 253 (218)
4b. Vessel observer program foreign jurisdictions     Vessels used for commercial   Longline, troll, support 20
                                                       fishing for HMS in areas      (20)
                                                       under jurisdiction of other  Purse seine 40 (10)
                                                       WCPFC members in Convention  Total 60 (30)
                                                       Area.
5. Vessel identification                              Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
6. Transshipment restrictions                         Purse seine vessels used for  Longline 0 (0)
                                                       fishing in Convention Area   Purse seine40 (10)
                                                       and vessels used to receive  Troll 0 (0)
                                                       fish in Convention Area.     Support 5 (0)
                                                                                    Total 45 (10)
7. Reporting and recordkeeping                        Vessels used for commercial   Total 5,000 (5,000)
                                                       fishing for HMS in Pacific
                                                       Ocean.
8a. Compliance with the laws of other nations high    Vessels used for commercial   Longline 139 (139)
 seas                                                  fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
8b. Compliance with the laws of other nations         Vessels used for commercial   Longline, troll, support 20
 jurisdictions of other WCPFC members                  fishing for HMS in areas      (20)
                                                       under the jurisdiction of    Purse seine 40 (10)
                                                       other WCPFC members.         Total 60 (30)
9a. Facilitation of enforcement and inspection HMS    Vessels used for commercial   Longline 139 (139)
 fishing                                               fishing for HMS in the       Purse seine40 (10)
                                                       Convention Area on high      Troll 69 (69)
                                                       seas or in areas under the   Support 5 (0)
                                                       jurisdiction of other        Total 253 (218)
                                                       nations.
9b. Facilitation of enforcement and inspection--all   Fishing vessels used on high  Longline 139 (139)
 fishing                                               seas in Convention Area.     Purse seine 40 (10)
                                                                                    Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)

[[Page 23971]]

 
10. Confidentiality of information                    None........................  Longline 0 (0)
                                                                                    Purse seine 0 (0)
                                                                                    Troll 0 (0)
                                                                                    Support 0 (0)
                                                                                    Total 0 (0)
----------------------------------------------------------------------------------------------------------------

    The reporting, recordkeeping and other compliance requirements of 
this proposed rule are described earlier in the preamble. The classes 
of small entities subject to the requirements and the types of 
professional skills necessary to fulfill the requirements are as 
follows:
    (1) Authorization to fish: This requirement would not impose any 
new reporting or recordkeeping requirements (within the meaning of the 
Paperwork Reduction Act, or PRA), but in order to obtain the 
authorization vessel owners/operators would have to pay a fee 
calculated to cover NMFS' administrative costs incurred to issue the 
authorization, projected to be about $25 per five-year period. 
Approximately 218 small business entities would be subject to the 
requirement. Obtaining the authorization would be accomplished through 
completion and submission of an application form, as described in 
element (2) on vessel information.
    (2) Vessel information: This requirement is part of a proposed 
collection of information subject to approval by the Office of 
Management and Budget (OMB) under the PRA. It would require a vessel 
owner or operator to complete one or both of two forms (one for vessels 
used on the high seas in the Convention Area and the other for vessels 
used in foreign jurisdictions in the Convention Area) designed to 
collect information about the subject vessel and its owner and 
operator. Approximately 218 small business entities would be subject to 
the high seas component of the requirement, and about 30 to the foreign 
jurisdictions component. A total of about 238 small business entities 
would be subject to one or the other component (i.e., about 10 would be 
subject to both). For an entity subject to both the high seas component 
and the foreign jurisdictions component, it is estimated that about 90 
minutes of labor and $1 in mailing costs would be required twice every 
five years. If the value of the required labor were $50 per hour, the 
annual cost of compliance would therefore be about $30 per affected 
entity. The labor requirements and associated costs would be slightly 
less for entities subject to just one or the other of the two 
components. Fulfillment of this requirement is not expected to require 
any professional skills that the vessel owners and operators do not 
already possess.
    (3) VMS: This requirement is part of a proposed collection of 
information subject to approval by the OMB under the PRA. It would 
apply to about 218 small business entities. Most of these entities, 
however, are subject to similar existing VMS requirements and would 
thus be already in compliance with most aspects of this requirement. It 
is estimated that about 73 of the estimated 218 affected small entities 
would have to purchase, install and activate a new VMS. The 73 include 
the business entities involved in the albacore longline fleet (69) and 
those operating longline vessels that are not based in either Hawaii or 
American Samoa (4). Compliance for each of these approximately 73 small 
entities would involve the following approximate annualized costs: 
$1,000 for the purchase and installation of VMS units (based on $4,000 
per unit and a lifespan of 4 years per unit), $250 for VMS unit 
maintenance, and $375 to $525 for VMS unit operation (i.e., the 
transmission of automatic vessel position reports to NMFS), for a total 
of about $1,625 to $1,775 per year. In addition, about 2.5 person-
minutes of labor for VMS unit activation reports, 25 person-minutes of 
labor for VMS unit on/off reports, 1 person-hour of labor for VMS unit 
purchase installation, and 1 person-hour of labor for VMS unit 
maintenance, on average, would be needed to comply.
    The compliance cost of obtaining, carrying on board, and monitoring 
the required communication devices is expected to be zero, as it is 
believed that all affected small entities already carry and monitor 
such devices. The 145 affected small entities that are already subject 
to VMS requirements would not bear any compliance costs as a result of 
these new requirements. Fulfillment of this requirement is not expected 
to require any professional skills that the vessel owners and operators 
do not already possess.
    (4) Vessel observer program: This requirement would not impose any 
new reporting or recordkeeping requirements (within the meaning of the 
PRA). Approximately 218 small business entities would be subject to the 
high seas component of the requirement, and about 30 to the foreign 
jurisdictions component. A total of about 238 small business entities 
would be subject to one or the other component (i.e., about 10 would be 
subject to both). Affected small entities would be responsible for the 
costs associated with providing WCPFC observers with food, 
accommodations, and medical facilities.
    Assuming that the observer programs administered by NMFS are 
authorized by the WCPFC to be part of the WCPFC ROP (again, the NMFS 
observer program has already received interim authorization valid until 
July 1, 2012), observers deployed by NMFS pursuant to regulations 
issued under other statutory authorities would be deemed to be WCPFC 
observers deployed in accordance with this new requirement. As such, 
vessel owners and operators would be subject to the costs and burdens 
associated with those other regulatory requirements. For example, in 
the case of longline vessels in the Hawaii and American Samoa fleets, 
costs incurred for providing subsistence for NMFS observers would be 
eligible for reimbursement, as currently provided at 50 CFR 665.28.
    The frequency of deployment of WCPFC observers would be determined 
by the WCPFC, so it is not possible to accurately predict how often a 
given business entity would be required to accommodate a WCPFC 
observer. For the purpose of this analysis, it is assumed that observer 
coverage rates will be equal to the current target observer coverage 
levels established by the WCPFC for its ROP, which is 5 percent for all 
fleets except purse seine fleets, as described further below.
    The recent coverage rates in the Hawaii and American Samoa fleets 
(at least 20 percent and about 10 percent, respectively) are in excess 
of the

[[Page 23972]]

WCPFC target coverage rate of 5 percent, so NMFS does not anticipate 
any substantial changes in the deployment rates to affected small 
entities in those fisheries, or any associated costs. Longline vessels 
not operating under Hawaii or American Samoa longline permits (e.g., 
vessels based in the Mariana Islands or on the U.S. west coast) are not 
currently subject to observer requirements, so entities that operate 
such vessels would bear new compliance costs, including the cost of 
providing food, accommodation, and medical facilities to observers 
(termed here ``observer accommodation costs''). These costs are 
expected to be about $20 per day (this is consistent with the amounts 
reimbursed by NMFS to owners of longline vessels for observer 
subsistence costs pursuant to 50 CFR 665.28(i)(1)). Assuming that an 
affected longline vessel spends 250 days at sea each year in the 
Convention Area on the high seas or in areas under foreign 
jurisdiction, its annual observer accommodation costs, at a 5 percent 
coverage rate, would be about $250.
    Recent observer coverage rates in the purse seine fleet are about 
20 percent. However, a recent WCPFC decision (in Conservation and 
Management Measure 2008-01) requires 100 percent coverage in 2010 and 
2011. For the purpose of this analysis, it is assumed that a 100 
percent coverage rate would be required indefinitely. Assuming, based 
on logbook data, that an affected purse seine vessel spends 330 days at 
sea each year, and, as described above for longline vessels, $20 per 
observed-sea-day in observer accommodation costs, annual observer 
accommodation costs at 100 percent coverage would be about $6,600 per 
vessel. Of these estimated costs, 80 percent, or $5,280 per vessel, 
would be ``new'' annual costs associated with this proposed 
requirement. Pursuant to the terms of the SPTT, entities in the purse 
seine fleet bear not only the costs of feeding and accommodating 
observers on board, but also certain costs imposed by the FFA for the 
operation of its observer program as it is applied to the U.S. purse 
seine fleet. Based on the budget for the FFA observer program for the 
2008-2009 SPTT licensing period, which is based on a 20 percent 
coverage rate, the annual cost per vessel is approximately $8,630. 
According to the budget, about 28 percent of those costs are fixed 
costs (as opposed to per-trip costs). It is not known how the fixed 
component of costs would change with an increase in coverage to 100 
percent. Assuming that fixed costs do not change at all, the annual 
cost per vessel at 100 percent coverage would be about $33,440. If, on 
the other hand, fixed costs increase in proportion to the level of 
observer coverage, the annual cost per vessel at 100 percent coverage 
would be about $43,150. Of these estimated per-vessel costs, 80 
percent, or $26,750 to $34,520, would be new annual costs associated 
with this proposed requirement. Together with observer accommodation 
costs ($5,280), the total per-vessel costs would be $32,000 to $39,800 
per purse seine vessel.
    Although the WCPFC target coverage rate for troll vessels is 5 
percent, the WCPFC has not established a firm implementation schedule 
for troll vessels, so 5 percent coverage is not expected to be sought 
or attained for at least a few years. Nevertheless, for the purpose of 
this analysis, estimated compliance costs are based on a 5-percent 
coverage rate. There are currently no observer requirements for the 
albacore troll fleet (but observers are occasionally taken on a 
voluntary basis), so small entities that operate albacore troll vessels 
could be subject to an increase in deployment rates from zero to 
approximately one per 20 trips in the Convention Area. Affected 
entities would be responsible for observer accommodation costs, which, 
as described above for longline vessels, are expected to be about $20 
per day. Assuming, based on logbook information, that an affected 
albacore troll vessel spends 170 to 350 days at sea each year on trips 
in the Convention Area on the high seas or in areas under foreign 
jurisdiction, annual observer accommodation costs would be $170 to 
$350.
    NMFS does not anticipate any small entities to operate support 
vessels, so no further analysis of observer-related costs for support 
vessels is provided here.
    Fulfillment of this requirement is not expected to require any 
professional skills that the vessel owners and operators do not already 
possess.
    (5) Vessel identification: This requirement is part of collections 
of information approved by the OMB under the PRA (OMB control numbers 
0648-0348, 0648-0360, 0648-0361, and 0648-0492). Approximately 218 
small business entities would be subject to the requirement. All of 
these entities, however, are already subject to similar vessel marking 
requirements. Because vessels and their markings are periodically 
repainted, the proposed rule would not impose any new continuing burden 
on any entity; it would change (for all affected entities except those 
associated with the purse seine vessels) only the specifications of the 
markings that are required. However, all the affected entities, with 
the exception of those associated with the purse seine vessels, would 
have to immediately change their vessel markings. The cost of doing so 
is approximately $250 per vessel, including labor and materials; these 
costs would be borne by each of the approximately 208 affected small 
entities. Fulfillment of this requirement is not expected to require 
any professional skills that the vessel owners and operators do not 
already possess.
    (6) Transshipment restrictions: This requirement would not impose 
any new reporting or recordkeeping requirements (within the meaning of 
the PRA). Approximately 10 small business entities would be subject to 
the requirement. Complying would require that owners and operators of 
purse seine vessels and receiving vessels refrain from engaging in 
transshipments from purse seine vessels at sea in the Convention Area. 
Purse seine vessels are already subject to substantial restrictions on 
at-sea transshipments under the SPTA, and purse seine vessels 
consequently do not, in practice, transship at sea. Accordingly, this 
requirement would impose essentially no compliance burden on affected 
entities. Fulfillment of this requirement is not expected to require 
any professional skills that the vessel owners and operators do not 
already possess.
    (7) Reporting and recordkeeping: This requirement is part of a 
collection of information approved by the OMB under the PRA (OMB 
control numbers 0648-0214, 0648-0218, 0648-0223, 0648-0349, 0648-0492, 
and 0648-0498). The number of affected small entities is roughly 
estimated at 5,000. However, all of the affected entities are subject 
to existing similar (Federal and/or State) recordkeeping and reporting 
requirements and would thus be in compliance with this requirement and 
would not bear any additional reporting or recordkeeping burden as a 
result of this proposed rule.
    (8) Compliance with the laws of other nations: This requirement 
would not impose any new reporting or recordkeeping requirements 
(within the meaning of the PRA). Approximately 218 small business 
entities would be subject to the high seas component of the 
requirement, and about 30 to the foreign jurisdictions component. A 
total of about 238 small business entities would be subject to one or 
the other component (i.e., about 10 would be subject to both). 
Fulfillment of this requirement is not expected to require any 
professional skills that the vessel

[[Page 23973]]

owners and operators do not already possess.
    (9) Facilitation of enforcement and inspection: This requirement 
would not impose any new reporting or recordkeeping requirements 
(within the meaning of the PRA). Approximately 218 small business 
entities would be subject to the requirement. Fulfillment of this 
requirement is not expected to require any professional skills that the 
vessel owners and operators and crew members do not already possess.
    (10) Confidentiality of information: This requirement would not 
impose any new reporting or recordkeeping requirements (within the 
meaning of the PRA), and it would not apply to any small entities (it 
would prescribe procedures for NOAA to follow in protecting and 
disseminating confidential information, including information submitted 
by owners and operators of fishing vessels and information collected by 
vessel observers).
    A number of Federal rules overlap or conflict with the proposed 
rule, as described below for each of the 10 elements of the proposed 
rule:
    (1) Authorization to fish: The existing requirement under the HSFCA 
to obtain a high seas fishing permit (50 CFR 300.13) overlaps with the 
proposed authorization requirement in that both require a NMFS-issued 
authorization in order to use a vessel for commercial fishing for HMS 
on the high seas in the Convention Area. The existing high seas permit 
requirement has a broader scope, applying to the use of a vessel for 
commercial fishing for any species on the high seas anywhere in the 
world. The proposed authorization (the WCPFC Area Endorsement) would be 
required in addition to the high seas fishing permit.
    (2) Vessel information: Some of the information that would be 
required from owners or operators of vessels used to fish commercially 
for HMS in the Convention Area on the high seas or in foreign 
jurisdictions overlaps with information collected under existing 
regulations. This includes information required for vessels using 
longline or troll fishing gear in the area of competence of the Inter-
American Tropical Tuna Commission (50 CFR 300.22) and information 
required to obtain the following fishing authorizations: high seas 
fishing permits (50 CFR 300.13), licenses issued under the SPTA (50 CFR 
300.32), permits for West Coast HMS fishing vessels (50 CFR 660.707), 
and permits for Western Pacific pelagic fishing vessels (50 CFR 
665.21).
    (3) VMS: The proposed requirement for owners and operators of 
vessels used for commercial fishing for HMS on the high seas in the 
Convention Area to install, activate and operate VMS units would be 
similar to existing VMS requirements at 50 CFR Part 300, 50 CFR Part 
660 and 50 CFR Part 665. However, the proposed requirement would be 
consistent with the aforementioned existing requirements, such that 
vessels operating in accordance with relevant elements of the 
applicable existing regulations would also be operating in accordance 
with the relevant elements of the new requirements (the proposed 
requirements also include elements that do not overlap with any 
existing requirements). Thus, there would be no duplication in the 
compliance burden.
    (4) Vessel observer program: The proposed requirement that 
operators of vessels used for commercial fishing for HMS in the 
Convention Area (either on the high seas or in areas under the 
jurisdiction of other WCPFC members) accept and accommodate observers 
deployed as part of the WCPFC ROP would overlap with existing 
requirements at 50 CFR 300.43 (South Pacific tuna fisheries) 50 CFR 
660.719 (West Coast HMS fisheries) and 50 CFR 665.28 (Western Pacific 
pelagic fisheries), which require that vessel owners and operators 
accept and accommodate observers under various authorities. In general, 
the new requirement would supplement the existing requirements. 
However, the WCPFC ROP will incorporate existing sub-regional and 
national observer programs that the WCPFC determines to meet certain 
standards. It is likely that the sub-regional program implemented under 
the South Pacific Tuna Treaty (in the case of 50 CFR 300.43) and the 
national programs implemented by NMFS (in the cases of 50 CFR 660.719 
and 50 CFR 665.28) will be incorporated into the WCPFC ROP. It is 
anticipated that once these programs are incorporated and the WCPFC 
relies on the information that is collected through them, the new 
requirement would not impose an additional compliance burden.
    (5) Vessel identification: The proposed vessel identification 
requirement would conflict in certain respects with existing 
requirements at 50 CFR 300.173, 50 CFR 660.704, and 50 CFR 665.16 for 
any vessel that is both subject to any of the latter three requirements 
and that is used to fish commercially for HMS on the high seas in the 
Convention Area. NMFS intends to modify the three sets of existing 
requirements to make them compatible with the proposed new requirement. 
The new requirement would be made effective only if and when the 
conflicts (for a given set of vessels) are removed.
    The proposed requirement overlaps with the existing vessel 
identification requirement under the HSFCA (50 CFR 300.14) in that both 
prescribe vessel marking requirements for vessels used for commercial 
fishing for HMS on the high seas in the Convention Area. The existing 
requirement under the HSFCA has a broader scope, applying to the use of 
a vessel for commercial fishing for any species on the high seas 
anywhere in the world.
    The proposed requirement would overlap with 50 CFR 300.35, which 
applies to purse seine vessels licensed under the SPTA and to the South 
Pacific Tuna Treaty Area.
    The proposed requirement under the Act conflicts in certain 
respects with 50 CFR 300.14 in its current form, but the proposed rule 
would modify 50 CFR 300.14 to make it compatible with the proposed 
requirement.
    (6) Transshipment restrictions: The proposed prohibition on 
transshipments that involve fish offloaded from purse seiners at sea in 
the Convention Area overlaps with the existing requirement under the 
SPTA (50 CFR 300.46), which prohibits purse seine vessels licensed 
under the SPTA from being used to transship at sea in the South Pacific 
Tuna Treaty Area except when done in accordance with such terms and 
conditions as may be agreed between the vessel operator and the State 
in whose jurisdiction the transshipment would take place.
    (7) Reporting and recordkeeping: The proposed requirement for 
owners and operators of vessels used for commercial fishing for HMS 
anywhere in the Pacific Ocean to maintain and submit to NMFS 
information about their fishing effort and catch would overlap with 
existing reporting requirements at 50 CFR 300.17 (high seas fisheries), 
50 CFR 300.22 (Pacific tuna fisheries), 50 CFR 300.174 (Canada albacore 
fisheries), 50 CFR 300.34 (South Pacific tuna fisheries), 50 CFR 
660.708 (West Coast HMS fisheries) and 50 CFR 665.14 (western Pacific 
pelagic fisheries). The proposed requirement would be satisfied by 
complying with the applicable existing requirements; thus, there would 
be no duplication in the reporting or compliance burden. The reason for 
the overlapping requirement is that the information must be collected 
under the authority of the Act in order for NMFS to be able to provide 
it to the WCPFC, as NMFS is obligated to do under the Convention.

[[Page 23974]]

    (8) Compliance with the laws of other nations: No duplicating, 
overlapping or conflicting Federal regulations have been identified.
    (9) Facilitation of enforcement and inspection: The proposed 
requirement for operators of vessels that are used for commercial 
fishing for HMS on the high seas in the Convention Area to continuously 
monitor the international safety and calling frequency (156.8 MHz; 
Channel 16, VHF-FM) and, if equipped to do so, the international 
distress and calling frequency (2.182 MHz) overlaps with 50 CFR 300.37, 
which requires operators of purse seine vessels licensed under the SPTA 
to continuously monitor both frequencies. The proposed requirement for 
operators of vessels that are used for commercial fishing for HMS on 
the high seas in the Convention Area to carry on board and make 
accessible a copy of the International Code of Signals overlaps with 50 
CFR 300.35, which requires operators of purse seine vessels licensed 
under the SPTA to do the same. The proposed requirement for operators 
of vessels that are used for commercial fishing for HMS on the high 
seas in the Convention Area to accept and accommodate the transshipment 
monitors authorized by other members of the WCPFC when conducting 
transshipments in areas under the jurisdiction of such members would 
overlap with 50 CFR 300.46, which applies to purse seine vessels 
licensed under the SPTA and to the South Pacific Tuna Treaty Area. The 
proposed requirement for operators of vessels that are used for 
commercial fishing for HMS in the Convention Area on the high seas or 
in areas under the jurisdiction of other nations, when in areas in 
which the vessel is not authorized to be used for fishing, to stow all 
fishing gear and equipment so as to not be readily available for 
fishing overlaps with 50 CFR 300.36, which requires operators of purse 
seine vessels licensed under the SPTA to do the same when in a Closed 
Area pursuant to the SPTA.
    (10) Confidentiality of information: The proposed procedures to 
preserve the confidentiality of information submitted in compliance 
with the Act would overlap with similar procedures established under 
the MSA (50 CFR Subpart E), the HSFCA (50 CFR 300.17(c)), and the 
Marine Mammal Protection Act (50 CFR 229.11) in that the different sets 
of procedures would in some cases apply to the same information. The 
proposed procedures differ in some respects from the other sets of 
procedures (particularly in that the proposed procedures would allow 
the disclosure of confidential information to the WCPFC), but they 
would not conflict with them.
    NMFS has identified alternatives that would accomplish the 
objectives of the Act and minimize any significant economic impact of 
the proposed rule on small entities. The alternative of taking no 
action at all was rejected because it would fail to accomplish the 
objectives of the Act. As a Contracting Party to the Convention, the 
United States is required to implement the provisions of the Convention 
and the decisions of the WCPFC. Consequently, NMFS has limited 
discretion as to how to implement those provisions and decisions. 
Nonetheless, NMFS has identified for four of the elements of the 
proposed rule several alternatives that would satisfy the Convention's 
provisions and thus fulfill the objectives of the Act.
    With respect to element (1), authorization to fish, one alternative 
would be to rely on