Fisheries in the Eastern Pacific Ocean; Pelagic Fisheries; Vessel Identification Requirements, 73517-73520 [2011-30730]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73517-73520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30730]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300 and 660

[Docket No. 110218143-1606-02]
RIN 0648-BA49


Fisheries in the Eastern Pacific Ocean; Pelagic Fisheries; Vessel 
Identification Requirements

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

ACTION: Final rule.

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SUMMARY: NMFS hereby revises vessel identification requirements for 
fishing vessels with west coast highly migratory species (HMS) permits 
that are required under the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly

[[Page 73518]]

Migratory Species and for U.S. vessels fishing under the U.S.-Canada 
Albacore Treaty. The new measures allow these vessels to be marked in 
accordance with international standards that were implemented in early 
2010 by NMFS for vessels fishing on the high seas in the area of 
application of the Convention on the Conservation and Management of 
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 
(Convention Area). Currently, the marking requirements for fishing 
vessels with west coast HMS permits or under the U.S.-Canada Albacore 
Treaty do not comport with these international standards. These new 
measures require vessels that fish in the Convention Area to display at 
all times their International Radio Call Sign (IRCS), or if an IRCS has 
not been assigned to the vessel, the vessel is required to display its 
official number, preceded by the characters ``USA-.'' The intent of 
this action is to bring the existing vessel identification requirements 
for U.S. vessels with west coast HMS permits or under the U.S.-Canada 
Albacore Treaty into conformity with the binding vessel identification 
requirements adopted by the Western and Central Pacific Fisheries 
Commission (WCPFC).

DATES: These regulations become effective on January 1, 2012.

ADDRESSES: Copies of the proposed and final rules and the Regulatory 
Impact Review for this action are available via the Federal e-
Rulemaking portal, at https://www.regulations.gov, and are also 
available from the Regional Administrator, Rodney R. McInnis, NMFS 
Southwest Regional Office, 501 W. Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802. Written comments regarding the burden-hour estimates 
or other aspects of the collection-of-information requirements 
contained in this final rule may be submitted to the NMFS Southwest 
Regional Office and by email to OIRA_Submission@omb.eop.gov, or fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Heidi Hermsmeyer, NMFS SWR, (562) 980-
4036.

SUPPLEMENTARY INFORMATION: The WCPFC was established under the 
Convention on the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (Convention). The 
Convention's objective is to ensure, through effective management, the 
long-term conservation and sustainable use of highly migratory fish 
stocks in the western and central Pacific Ocean, including measures to 
manage and conserve tunas and to minimize impacts on non-target, 
associated, and dependent species, such as sea turtles and seabirds. 
Figure 1 is a map of the Convention Area. Several U.S. troll, pole-and-
line, tuna purse seine, and pelagic longline fisheries operate in the 
Convention Area.
[GRAPHIC] [TIFF OMITTED] TR29NO11.037

    Under the Convention and decisions of the WCPFC, specifically 
Conservation and Management Measure 2004-03, ``Specifications for the 
Marking and Identification of Fishing Vessels,'' vessels that are 
authorized to fish on the high seas in the Convention Area are required 
to be identified in accordance with the Standard Specifications for the

[[Page 73519]]

Marking and Identification of Fishing Vessels of the Food and 
Agriculture Organization of the United Nations. By the final rules 
published on January 21, 2010 (75 FR 3335 and 3416), NMFS implemented 
those standards for U.S. fishing vessels under the authority of the 
Western and Central Pacific Fisheries Convention Implementation Act (16 
U.S.C. 6901 et seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et 
seq.), but those regulations did not extend to fishing vessels with 
west coast HMS permits or operating under the U.S.-Canada Albacore 
Treaty. Specifically, U.S. vessels fishing for HMS on the high seas for 
commercial purposes that are required to obtain a NMFS-issued WCPFC 
Area Endorsement are required to display their IRCS on the port and 
starboard sides of the hull or superstructure and deck surface. If an 
IRCS has not been assigned, the vessels are required to display their 
official number (i.e., USCG documentation number or other registration 
number) preceded by the characters ``USA'' and a hyphen (i.e., ``USA-
''). Only these markings are allowed on the hull or superstructure, 
apart from the vessel's name and hailing port.
    This final rule is consistent with the requirements adopted by the 
WCPFC as it revises existing vessel identification regulations at Title 
50, Code of Federal Regulations, Sec. Sec.  660.704 and 300.173 to 
conform to the international standards. U.S. vessels that are issued a 
permit under 50 CFR 660.707, i.e., vessels that fish for HMS off the 
coasts of or land HMS in the States of California, Oregon, and 
Washington, and that fish for HMS on the high seas of the Convention 
Area are, under this final rule, required to display vessel markings as 
described above. Vessels that fish for HMS only within the U.S. 
Exclusive Economic Zone (EEZ) off the U.S. West Coast or on the high 
seas outside of the Convention Area (e.g., in the eastern Pacific 
Ocean) have the option to be marked pursuant to the vessel 
identification requirements described above, or maintain existing 
markings. This final rule modifies only the requirements for the size 
and characters with which Federally-permitted HMS fishing vessels are 
marked, and does not modify the requirements for vessel operations or 
for other aspects of HMS fisheries. The Pacific Fishery Management 
Council (Council) was briefed on this issue at its September 2008 
meeting; in a letter dated November 20, 2008, the Council formally 
recommended that NMFS revise regulations accordingly.
    It is estimated that at a maximum 125 vessel owners would change 
their vessel markings (estimate based on the current number of active 
U.S. west coast-based vessels targeting HMS on the high seas that have 
the potential to fish in the Convention Area) as a result of the rule. 
However, it is highly likely that a much smaller number of vessel 
owners will actually be required to change their markings. In recent 
years fewer than 10 U.S. west coast-based vessels have fished in the 
Convention Area. In addition, there are vessels based out of Hawaii 
that have west coast HMS permits that fish in the Convention Area and 
therefore will be required to change their markings, including at least 
15 longline vessels and 8 troll and bait boat vessels. Some vessels may 
also opt to change their markings to conform to international standards 
and be prepared to fish in the Convention Area should fishing 
conditions and practices change in the future.

Response to Comments

    NMFS received two public comments during the comment period. One 
comment from the Hawaii Longline Association (HLA) expressed support 
for the action. The other comment sent by the Western Fishboat Owners 
Association (WFOA) conveyed some concern and confusion regarding the 
applicability of the requirements to the albacore troll and baitboat 
fleet.
    Comment 1: The HLA expressed support for this action given that HLA 
vessels often move across the boundary between the eastern Pacific 
Ocean (EPO) and the Convention Area and having a single set of marking 
requirements will facilitate such movements.
    Response: NMFS acknowledges this comment in support of the action.
    Comment 2: A comment received from WFOA noted some concern and 
confusion with the following statement in the preamble of the proposed 
rule regarding the vessel identification requirements for U.S. vessels 
used for commercial fishing for HMS on the high seas with a NMFS-issued 
WCPFC Area Endorsement, ``Only these markings would be allowed on the 
hull or superstructure, apart from the vessel's name and hailing 
port.'' The commenter also noted that this statement was made in the 
preamble of the proposed rule but was not included in the proposed 
regulatory text. The letter noted that the ``current rule unfortunately 
can be read that the only marking acceptable under it is that called 
for by the WCPFC so that now a vessel fishing in the South Pacific has 
to have one identification mark, and when it returns to the Eastern 
Pacific Fishery and fishes under the treaty with Canada the vessel 
identification number has to be changed to what is called for under 
those regulations.'' The commenter also expressed the belief that a 
vessel marked in accordance with the regulations for the U.S. Albacore 
Treaty with Canada should adequately fulfill the requirements under the 
WCPFC per section 2.1.1(b) of the WCPFC Conservation and Management 
Measure on Specifications for the Marking and Identification of Fishing 
Vessels (CMM 2004-03).
    Response: The statement in the preamble to the proposed rule 
regarding the requirement to have only one set of vessel identification 
markings on a fishing vessel is a reference to regulations governing 
U.S. vessels with a WCPFC Area Endorsement under 50 CFR 300.217(b)(2), 
which reads, ``With the exception of the vessel's name and hailing 
port, the marking required in this section shall be the only vessel 
identification mark consisting of letters and numbers to be displayed 
on the hull and superstructure.'' This is one of the requirements for 
vessel identification under section 2.1.3(a) of WCPFC CMM 2004-03. 
Thus, if a U.S. vessel anticipates fishing in the Convention Area and 
obtains a WCPFC Area Endorsement, the vessel is required to be marked 
in accordance with 50 CFR 300.14 and 300.217. However, if a U.S. vessel 
operating with a west coast HMS permit or under the U.S.-Canada 
Albacore Treaty does not require a WCPFC Area Endorsement, it may 
maintain its current vessel markings according to 50 CFR 660.704 or 50 
CFR 300.173. If vessels choose to mark their vessels according to the 
WCPFC requirements and are fishing in the western and central Pacific 
Ocean, they will not be required to change those markings upon entering 
the EPO. As proposed, this rulemaking amends 50 CFR 300.173 so that 
vessels may operate under the U.S.-Canada Albacore Treaty and be marked 
according to the WCPFC requirements.
    Finally, regarding Section 2.1.1(b) of WCPFC CMM 2004-03, that 
section of the WCPFC vessel identification requirements is only 
applicable to vessels that do not have an IRCS and the U.S.-Canada 
Albacore Treaty vessel identification requirements do not satisfy the 
requirements under this exception. If a vessel requires a WCPFC Area 
Endorsement and does not have an IRCS, it must be marked with the 
Federal, State, or other documentation number preceded by the 
characters ``USA'' and a hyphen (that is, ``USA-''). The U.S. Canada 
Albacore Treaty regulations require vessels to be marked with the 
Federal or State documentation

[[Page 73520]]

number followed by the letter ``U'' and the size requirements differ. 
If a vessel has an IRCS and requires a WCPFC Area Endorsement, it must 
be marked with its IRCS. As mentioned before, vessels that are marked 
according to the WCPFC Area Endorsement requirements may retain those 
vessel identification markings and operate in the EPO with a west coast 
HMS permit or under the U.S.-Canada Albacore Treaty without making 
changes to those vessel identification markings.

Changes From the Proposed Rule

    The only change from the proposed rule is the removal of paragraph 
(c) of 50 CFR 300.217. This paragraph provided an exception to the 
vessel identification requirements under Sec.  300.217 for fishing 
vessels that are subject to the vessel identification requirements of 
Sec. Sec.  300.173 or 660.704 of this title until conflicts between the 
requirements of this section and the requirements of those sections are 
reconciled. Since this rulemaking reconciles those conflicts, this 
exception is no longer necessary, thus it is being removed.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Magnuson-Stevens Act and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by the Office of Management and Budget (OMB) under control 
numbers 0648-0361 and 0648-0492. Public reporting burden for vessel 
identification requirements under 0648-0361 is estimated to average 45 
minutes per response, and public reporting burden for vessel marking 
requirement under 0648-0492 is estimated to average 5 minutes per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding these burden estimates or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and by email to OIRA_Submission@omb.eop.gov, or fax to 
(202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects

50 CFR Part 300

    Administrative practice and procedure, Fisheries, Reporting and 
recordkeeping requirements.

50 CFR Part 660

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

    Dated: November 22, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 300 and 660 
are amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.


0
2. Section Sec.  300.173 is revised to read as follows:


Sec.  300.173  Vessel identification.

    Each U.S. vessel fishing under the Treaty must be marked for 
identification purposes, as follows:
    (a) A vessel used to fish on the high seas within the Convention 
Area as defined in Sec.  300.211 must be marked in accordance with the 
requirements at Sec. Sec.  300.14 and 300.217.
    (b) A vessel not used to fish on the high seas within the 
Convention Area as defined in Sec.  300.211 must be marked in 
accordance with either:
    (1) Sections 300.14 and 300.217, or
    (2) The vessel's name and U.S. Coast Guard Documentation number (or 
if not documented, the state registration number) followed by the 
letter U must be prominently displayed where they are clearly visible 
both from the air and from a surface vessel. Numerals and the letter U 
must meet the size requirements of Sec.  660.704 of this title. 
Markings must be legible and of a color that contrasts with the 
background.


Sec.  300.217  [Amended]

0
3. In Sec.  300.217, remove paragraph (c).

PART 660--FISHERIES OFF WEST COAST STATES

0
4. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.

0
5. Section 660.704 is revised to read as follows:


Sec.  660.704  Vessel identification.

    (a) Applicability. This section only applies to commercial fishing 
vessels that fish for HMS off, or land HMS in the States of California, 
Oregon, and Washington. This section does not apply to recreational 
charter vessels that fish for HMS off or land HMS in the States of 
California, Oregon, and Washington. Each fishing vessel must be marked 
for identification purposes, as follows:
    (1) A vessel used to fish on the high seas within the Convention 
Area as defined in Sec.  300.211 of this title must be marked in 
accordance with the requirements at Sec. Sec.  300.14 and 300.217 of 
this title.
    (2) A vessel not used to fish on the high seas within the 
Convention Area as defined in Sec.  300.211 of this title must be 
marked in accordance with either:
    (i) Sections 300.14 and 300.217 of this title, or
    (ii) The vessel's official number must be affixed to the port and 
starboard sides of the deckhouse or hull, and on an appropriate weather 
deck so as to be visible from enforcement vessels and aircraft. The 
official number must be affixed to each vessel subject to this section 
in block Arabic numerals at least 10 inches (25.40 cm) in height for 
vessels more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81 
m) in length; and 18 inches (45.72 cm) in height for vessels longer 
than 65 ft (19.81 m) in length. Markings must be legible and of a color 
that contrasts with the background.
    (b) [Reserved]

[FR Doc. 2011-30730 Filed 11-28-11; 8:45 am]
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