International Affairs; High Seas Fishing Compliance Act; Permitting and Monitoring of U.S. High Seas Fishing Vessels, 19611-19629 [2015-08425]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Proposed Rules]
[Pages 19611-19629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08425]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600, 660, and 665

[Docket No. 070516126-5292-03]
RIN 0648-AV12


International Affairs; High Seas Fishing Compliance Act; 
Permitting and Monitoring of U.S. High Seas Fishing Vessels

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 regulatory changes to improve the administration 
of the High Seas Fishing Compliance Act program and the monitoring of 
U.S. fishing vessels operating on the high seas. The proposed rule 
includes, for all U.S. fishing vessels operating on the high seas, 
adjustments to permitting and reporting procedures. It also includes 
requirements for the installation and operation of enhanced mobile 
transceiver units for vessel monitoring, carrying observers on vessels, 
reporting of transshipments taking place on the high seas, and 
protection of vulnerable marine ecosystems. This proposed rule has been 
prepared to minimize duplication and to be consistent with other 
established requirements.

DATES: Written comments must be received by May 13, 2015.

ADDRESSES: Written comments on this action, identified by NOAA-NMFS-
2015-0052, may be submitted by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0052, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments. Mail: Mark Wildman, Trade and Marine Stewardship 
Division, Office for International Affairs and Seafood Inspection, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
    Comments must be submitted by one of the above methods to ensure 
that the comments are received, documented, and considered by NMFS. 
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. 
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 (such as name or address) 
submitted voluntarily by the sender will be publicly accessible. Do not 
submit confidential business information, or otherwise sensitive or 
protected information. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
    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 Mark Wildman, NMFS, Office for 
International Affairs and Seafood Inspection (see address above) and by 
email to OIRA_Submission@omb.eop.gov or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Mark Wildman, Trade and Marine 
Stewardship Division, Office for International Affairs and Seafood 
Inspection, NMFS (phone 301-427-8386 or email mark.wildman@noaa.gov).

[[Page 19612]]


SUPPLEMENTARY INFORMATION:

Background

    The purposes of the High Seas Fishing Compliance Act (HSFCA; 16 
U.S.C. 5501 et seq.) are (1) to implement the Food and Agriculture 
Organization of the United Nations (FAO) Agreement to Promote 
Compliance with International Conservation and Management Measures by 
Fishing Vessels on the High Seas (Compliance Agreement) and (2) to 
establish a system of permitting, reporting and regulation for vessels 
of the United States fishing on the high seas. 16 U.S.C. 5501. ``High 
seas'' is defined in the HSFCA and its implementing regulations as 
waters beyond the territorial sea or exclusive economic zone (or the 
equivalent) of any nation, to the extent that such territorial sea or 
exclusive economic zone (or the equivalent) is recognized by the United 
States. 16 U.S.C. 5502 (3); 50 CFR 300.11.
    The HSFCA authorizes a system of permitting U.S. fishing vessels 
that operate on the high seas to satisfy the obligation of Parties to 
the Compliance Agreement (Parties) to require that fishing vessels 
flying their flags obtain specific authorization to operate on the high 
seas. The HSFCA requires the Secretary of Commerce (Secretary) to 
establish conditions and restrictions on each permit issued under HSFCA 
as necessary and appropriate to carry out the obligations of the United 
States under the Compliance Agreement. 16 U.S.C. 5503 (d). At a 
minimum, such conditions and restrictions must include the marking of 
the permitted vessel in accordance with the FAO Standard Specifications 
for the Marking and Identification of Fishing Vessels, and reporting of 
fishing activities. Parties are also responsible for ensuring that 
their authorized vessels do not undermine conservation and management 
measures, including those adopted by international fisheries management 
organizations, or by treaties or other international agreements. 
Accordingly, the HSFCA prohibits the use of fishing vessels on the high 
seas in contravention of international conservation and management 
measures recognized by the United States. 16 U.S.C. 5505 (1). A list of 
the international conservation and management measures recognized by 
the United States is published by NMFS in the Federal Register from 
time to time in consultation with the Secretary of State, as required 
by section 5504(e) of the HSFCA. The last such notice was published on 
May 19, 2011 (76 FR 28954). NMFS reinforces this prohibition by 
requiring a high seas fishing permit for any vessel operating on the 
high seas and, in that permit, authorizing only those activities that 
would not undermine international conservation and management measures 
recognized by the United States. The HSFCA also gives NMFS discretion 
to impose permit terms and requirements pursuant to other applicable 
law, such as the Endangered Species Act, the Marine Mammal Protection 
Act, in addition to international conservation and management measures 
recognized by the United States. See Turtle Island Restoration Network 
v. National Marine Fisheries Service, 340 F.3d 969 (9th Cir. 2003).
    Finally, the HSFCA authorizes NMFS to promulgate regulations ``as 
may be necessary to carry out the purposes of the Agreement and [the 
Act],'' including its permitting authorities. In promulgating such 
regulations, NMFS shall ensure that ``[t]o the extent practicable, such 
regulations shall also be consistent with regulations implementing 
fishery management plans under the Magnuson-Stevens Fishery 
Conservation and Management Act,'' 16 U.S.C. 1801 et seq., which 
provides broad authority to establish measures for the conservation and 
management of fisheries, id. 1853(b)(14).
    Regulations implementing the HSFCA were first promulgated in 1996 
(61 FR 11751, March 22, 1996). The initial regulations included 
application and issuance procedures for high seas fishing permits. 
Subsequent regulations promulgated in 1999 (64 FR 13, January 4, 1999) 
specified how high seas fishing vessels must be marked for 
identification purposes and required reporting by vessel owners and 
operators of catch and fishing effort when fishing on the high seas.
    An objective of this rulemaking is to codify NMFS' procedures for 
review of its high seas fishing authorizations under environmental 
laws, particularly the Endangered Species Act (ESA) and National 
Environmental Policy Act (NEPA). Another objective of this proposed 
rule is to improve the monitoring of U.S. fishing vessels operating on 
the high seas. Improving such monitoring would enhance the U.S. 
government's ability to ensure compliance with international 
conservation and management measures with respect to U.S. fishing 
vessels operating on the high seas. Furthermore, this proposed rule 
adds a section describing how NMFS will, through high seas permit 
conditions, address impacts to vulnerable marine ecosystems from bottom 
fishing consistent with international conservation and management 
measures recognized by the United States.
    NMFS is proposing substantive changes to the HSFCA regulations at 
50 CFR part 300, subpart B, and also redesignation of the regulations 
as Subpart Q. Table 1 shows how the sections currently in Subpart B 
would be redesignated in Subpart Q. The substance of the following 
sections would not be changed: Sec.  300.10 (redesignated to 300.330) 
and Sec.  300.13(a) (redesignated to 300.333(a)). Other sections are 
new or would be modified per this rulemaking, as explained below.

   Table 1--Redesignation of Sections in 50 CFR Part 300, Subpart B to
                                Subpart Q
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        Proposed subpart Q sections           Current subpart B sections
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300.330 Purpose............................  300.10.
300.331 Definitions........................  300.11.
300.332 Issuing offices....................  300.12.
300.333 Vessel permits.....................  300.13.
300.334 Fisheries authorized on the high     New section.
 seas.
300.335 Bottom fishing.....................  New section.
300.336 Vessel identification..............  300.14.
300.337 Requirements for Enhanced Mobile     New section.
 Transceiver Units.
300.338 Observers..........................  New section.
300.339 Transshipment on the high seas.....  New section.
300.340 Prohibitions.......................  300.15.
300.341 Reporting..........................  300.17.
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[[Page 19613]]

Coordination With Other Laws

    U.S. vessels fishing on the high seas are subject to the 
requirements of multiple U.S. regulations and laws, depending on the 
geographic area of the fishing activity, gear used, target fish 
species, and other factors. Such vessels can be subject to regulations 
that implement fishery management plans (FMPs) adopted pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) and laws and regulations 
implementing international fisheries agreements. Section 105 of the 
HSFCA specifies that regulations should minimize duplication of license 
application and reporting requirements contained in other regulations 
applicable to U.S. vessels used for fishing on the high seas and, to 
the extent practicable, such regulations must be consistent with 
regulations implementing FMPs under the Magnuson-Stevens Act. 16 U.S.C. 
5504 (d). Recognizing that the HSFCA requirements can overlap with 
other requirements, this proposed rule has been prepared to minimize 
duplication and to be consistent with other applicable requirements.
    In addition to the HSFCA, the following FMPs and laws, and their 
associated regulations, have provisions that may apply to U.S. vessels' 
fishing activities on the high seas:
     Fishery Ecosystem Plan for Pacific Pelagic Fisheries of 
the Western Pacific Region and its amendments, 50 CFR part 665, subpart 
F,
     FMP for U.S. West Coast Fisheries for Highly Migratory 
Species and its amendments, 50 CFR part 660, subpart K,
     2006 Consolidated Atlantic Highly Migratory Species FMP 
and its amendments, 50 CFR part 635,
     Atlantic Tunas Convention Act of 1975, 16 U.S.C. 971 et 
seq.,
     Antarctic Marine Living Resources Convention Act of 1984, 
16 U.S.C. 2431 et seq.,
     Northwest Atlantic Fisheries Convention Act of 1995, 16 
U.S.C. 5601 et seq.,
     South Pacific Tuna Act of 1988, 16 U.S.C. 973 et seq.,
     Tuna Conventions Act of 1950, 16 U.S.C. 951 et seq.,
     Western and Central Pacific Fisheries Convention 
Implementation Act, 16 U.S.C. 6901 et seq.,
     Endangered Species Act, 16 U.S.C. 1531 et seq., and
     Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.
    Any person subject to the jurisdiction of the United States must 
abide by the take prohibitions of, and all applicable regulations 
implemented under, the ESA and the Marine Mammal Protection Act (MMPA) 
on U.S. territory, in U.S. waters, and on the high seas, which 
includes, for the purposes of the MMPA and ESA, waters within foreign 
nations' Exclusive Economic Zones (EEZ) up to the seaward boundaries of 
the territorial seas of such nations. For all authorized high seas 
fisheries, NMFS issues permits only after a determination, in 
accordance with section 7 of the ESA and in consultation within NMFS or 
with the U.S. Fish and Wildlife Service as appropriate, that the 
authorization of the fishery on the high seas is not likely to 
jeopardize the continued existence of endangered and threatened 
species. 16 U.S.C. 1536. Such consultations can result in permit 
conditions to minimize impacts on threatened and endangered species.
    Since 2009, fisheries on the high seas have been included in the 
List of Fisheries published each year pursuant to the MMPA. 16 U.S.C. 
1387(c)(1). The List of Fisheries classifies U.S. commercial fisheries 
into one of three categories based on an estimated level of mortality 
and serious injury of marine mammal stocks incidental to commercial 
fishing operations. See 50 CFR 229.2. Category I and II fisheries are 
those in which incidental injury or death of marine mammals is frequent 
or occasional, respectively. Category II fisheries may also include 
fisheries for which reliable information about the frequency of 
incidental injury or mortality is lacking. Eligible commercial 
fisheries not specifically identified in the list of fisheries are 
deemed to be Category II fisheries until the next list of fisheries is 
published. Category III fisheries are determined to have a remote 
likelihood of, or no known, incidental mortality or serious injury of 
marine mammals.
    The majority of high seas fisheries are classified as Category II 
because of the lack of information on the frequency of incidental 
mortality and serious injury of marine mammals in the fisheries. Other 
high seas fisheries are classified as Category I, II or III because 
they are considered extensions of fisheries taking place within U.S. 
waters and therefore are classified in the same category as those 
fisheries. Owners of vessels with gear that fall within a Category I or 
II fishery are required under the MMPA regulations, as described in 50 
CFR 229.4 to 229.7, to (1) register with NMFS and obtain a marine 
mammal authorization certificate to lawfully take a marine mammal 
incidental to commercial fishing and (2) carry an observer if requested 
by NMFS. MMPA regulations do not require owners of vessels or gear 
engaged in a Category III fishery to register with NMFS, obtain a 
marine mammal authorization certificate, or, except in limited 
circumstances, carry an observer pursuant to MMPA regulations.
    The owner or operator of a vessel participating in a commercial 
fishery listed on the List of Fisheries, regardless of classification, 
is required to report any injury or death of a marine mammal incidental 
to commercial fishing operations to NMFS within 48 hours of returning 
from a fishing trip. 50 CFR 229.6.

Proposed Requirements for High Seas Fishing Vessels

    The following sections provide further detail regarding proposed 
requirements for the permit application process, enhanced mobile 
transceiver units for vessel monitoring, observer coverage, 
transshipment on the high seas, and protection of vulnerable marine 
ecosystems on the high seas. A reference to the HSFCA would also be 
added to 50 CFR parts 600 and 660, specifically Sec.  600.705 and Sec.  
660.2, which list laws related to the Magnuson-Stevens Act, to alert 
fishers who may be interested in fishing on the high seas to the 
requirements in 50 CFR part 300. Also, a proposed revision of Sec.  
600.745(a) would encourage any person who intends to conduct scientific 
research on the high seas to obtain a Letter of Acknowledgement from 
NMFS, as is currently done for such activities in U.S. waters. 
Adjustments would also be made to other parts of CFR Title 50 because 
of the redesignation of Subpart B to Subpart Q.

Definitions

    Consistent with 16 U.S.C. 5502(4), NMFS proposes to revise the 
definition of ``high seas fishing vessel'' in 50 CFR 300.331 by adding 
the word ``and'' as underlined below to clarify that this term means 
any vessel of the United States used or intended for use: (1) On the 
high seas, (2) for the purpose of the commercial exploitation of living 
marine resources, and (3) as a harvesting vessel, mother ship, or any 
other support vessel directly engaged in a fishing operation. To 
clarify the meaning of support vessels directly engaged in a fishing 
operation, examples are included in the definition (vessels that 
transship fish on the high seas, provide supplies or fuel on the high 
seas to other fishing vessels, or conduct other activities in support 
of, or in preparation for, fishing).

[[Page 19614]]

    This rule proposes to revise the regulatory definition of 
``international conservation and management measures'' by adding the 
following sentence from the HSFCA definition: ``Such measures may be 
adopted by global, regional, or sub-regional fisheries organizations, 
subject to the rights and obligations of their members, or by treaties 
or other international agreements.'' The change clarifies that 
commitments made by the United States at international fisheries 
management fora can be included in the term ``international 
conservation and management measures'' to the extent necessary and 
appropriate to carry out U.S. obligations under the Compliance 
Agreement or for purposes of the HSFCA.
    Definitions of bottom fishing, enhanced mobile transceiver unit, 
transship, and vessel monitoring system would be added to the HSFCA 
regulations and are discussed in the relevant sections below.

Issuing Offices

    Section 300.12, redesignated as Sec.  300.332, would be revised to 
specify that the Director of the NMFS Office for International Affairs 
and Seafood Inspection, as well as Regional Administrators, may issue 
high seas fishing permits for any authorized high seas fishery.

Vessel Permits

    The permitting requirement under the HSFCA for vessels operating on 
the high seas, currently set forth at Sec.  300.13 (redesignated as 
Sec.  300.333), has been in effect since 1996. In general, any U.S. 
vessel is eligible for a high seas fishing permit unless that vessel 
had a permit from a foreign nation that was suspended and the 
suspension has not expired or, during the 3 years prior to the 
application date, the permit was withdrawn due to the vessel 
undermining the effectiveness of an international conservation and 
management measure.
    High seas fishing permits are issued at any time of the year and 
are valid for 5 years from the date of issuance, as provided in the 
HSFCA. 16 U.S.C. 5503(f). For a permit to remain valid until its 
expiration date, the vessel's U.S. Coast Guard documentation or state 
registration must be kept current. A permit becomes immediately void 
when the name of the owner or vessel changes or, in the event the 
vessel is no longer eligible for U.S. documentation, such documentation 
lapses or is revoked or denied, or the vessel is removed from such 
documentation. Sec.  300.333(d)(4).
    In developing this proposed rule, NMFS evaluated an option to rely 
on fishery-specific permits for U.S. vessels operating on the high 
seas, other than the HSFCA permit program, to authorize high seas 
fishing activities. However, by continuing to require a separate high 
seas fishing permit, in addition to any permit required for the 
authorized high seas fishery in which the HSFCA permit applicant 
intends to fish, NMFS is able to maintain a separate and more precise 
record of vessels permitted to fish on the high seas and submit 
information from this record to the FAO as required in the Compliance 
Agreement. FAO compiles records of vessels authorized to fish on the 
high seas from the Parties to the Compliance Agreement. The separate 
high seas fishing permit, required under the existing regulations to be 
carried on board the vessel, is also useful in demonstrating to any 
domestic inspectors, any foreign inspectors operating under the 
authority of a high seas boarding and inspection scheme adopted by an 
RFMO to which the United States is party, or any foreign port 
inspectors, that a vessel is authorized to fish on the high seas.
    The proposed rule (Sec.  300.333(b)) provides that any high seas 
fishing vessel engaging in fishing, as defined under Sec.  300.2, on 
the high seas must have on board a valid permit issued under this 
subpart. Under this new paragraph and the revised definition of high 
seas fishing vessel, harvesting vessels, as well as vessels that are 
involved in processing or transshipment of fish on the high seas in 
fisheries where such activity is allowed, or providing supplies or fuel 
on the high seas to a fishing vessel, must obtain a high seas fishing 
permit prior to undertaking those activities.
    Under proposed Sec.  300.333(c)(3), applicants would also need to 
submit a color, bow-to-stern, side-view photograph of the vessel in its 
current form and appearance legibly showing vessel name and 
identification markings with each application. Vessel photographs would 
be made available for use by NMFS, other agencies, RFMOs, and other 
entities as an aid in identifying vessels authorized to fish on the 
high seas.
    In proposed Sec.  300.333(d), the existing timeframe for issuance 
of permits would be amended in light of changes in the technology now 
used to issue permits, which allow faster turnaround in permit 
processing. Specifically, NMFS will issue HSFCA permits within 15 days 
of receipt of a complete application and associated fees, rather than 
30 days as provided in the existing HSFCA regulations. See Sec.  
300.13(e).
    Proposed Sec.  300.333(g) would clarify the need for high seas 
permit renewal applicants to comply with all applicable reporting 
requirements before a new permit would be issued.
    The rule would also add, at Sec.  300.333(h), a reference to MMPA 
requirements noting that high seas permits do not authorize vessels or 
persons subject to the jurisdiction of the United States to take marine 
mammals.
    Section 300.333(i) of the proposed rule would allow NMFS to modify, 
suspend, or revoke high seas permits if permitted activities impact 
living marine resources in ways that were not foreseen or anticipated 
at the time of permit issuance or are in contravention of an 
international conservation and management measure or are in violation 
of any provision of domestic law. Such flexibility is needed because 
high seas fishing permits are valid by law for 5 years. In the event 
that NMFS determines that a permit must be modified, suspended or 
revoked, NMFS would provide written notification to the permit holder 
at its address of record. A permit modification, suspension or 
revocation under this section is not an enforcement-related permit 
modification, suspension or revocation subject to the process and 
procedures in subpart D of 15 CFR part 904.

Fisheries Authorized on the High Seas

    NMFS issues high seas fishing permits only for fisheries where high 
seas fishing activities have been analyzed in accordance with the ESA, 
NEPA and other applicable law. Such analyses have been completed for 
the following fisheries:

     50 CFR part 300, subpart C--Eastern Pacific Tuna Fisheries
     50 CFR part 300, subpart D--South Pacific Tuna Fisheries
     50 CFR part 300, subpart G--Antarctic Marine Living 
Resources
     50 CFR part 635--Atlantic Highly Migratory Species 
Fisheries
     50 CFR part 660, subpart K--U.S. West Coast Fisheries for 
Highly Migratory Species
     50 CFR part 665, subpart F--Western Pacific Pelagic 
Fisheries
     South Pacific Albacore Troll Fishing
     Northwest Atlantic Fisheries

    Under existing regulations at 50 CFR 300.212, vessels that fish 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 must have a valid Western and Central 
Pacific Fisheries

[[Page 19615]]

Commission (WCPFC) Area Endorsement. Vessels must obtain or hold a 
valid high seas fishing permit to be eligible to receive the WCPFC Area 
Endorsement.
    At the time of publication of this proposed rule, approximately 600 
U.S. fishing vessels are permitted under the HSFCA to operate on the 
high seas. These vessels are authorized to operate in one or more of 
the above-authorized fisheries as specified on their high seas fishing 
permits.
    NMFS proposes a new section 300.334 that lists the fisheries 
authorized on the high seas, provides for issuance of and changes to 
high seas fishing permits for fisheries on the list, and provides for 
changes to the list. Through these provisions, NMFS seeks to reinforce 
U.S. vessels' compliance with all domestic requirements when they are 
operating on the high seas.
    Under proposed Sec.  300.334(a), applicants for high seas fishing 
permits must identify in their application which of the authorized 
fisheries from the list they plan to fish in. In addition, prior to 
applying for a high seas permit, applicants would need to obtain any 
permits or other types of authorizations required to participate in an 
authorized fishery. As a condition of the HSFCA permit (once issued), 
the holder must abide by all applicable requirements associated with 
the underlying authorized fishery, as well as the terms and conditions 
of the high seas fishing permit, the HSFCA regulations, and any other 
applicable laws and regulations.
    As noted earlier, high seas fishing permits are valid for five 
years from date of issuance (Sec.  300.333(d)), and this proposed rule 
would not alter the duration of validity. If, after receiving a permit, 
the owner or operator of the vessel seeks to change the authorized 
fisheries in which he or she operates on the high seas, he or she would 
need to request in writing such a change from NMFS and obtain any 
permits associated with the authorized fisheries. After confirming that 
the applicant has been issued any other necessary permits, and meets 
all other applicable criteria, NMFS would issue a new high seas fishing 
permit per the process in Sec.  300.333(d) with the change in the 
authorized fisheries. The revised permit would be valid for the 
remainder of the original 5-year period.
    Section 300.334(d) would provide that NMFS may add other fisheries 
to the list of authorized fisheries after completing any needed 
analyses under the ESA, NEPA, and other applicable law or policy. NMFS 
would add fisheries to the list through rulemaking. While NMFS may 
decide on its own to propose to add a fishery to the list, this 
proposed rule would include procedures at Sec.  300.334(e) for a person 
to request that NMFS consider adding a fishery. The request would need 
to be in writing with a description of the species (target and 
incidental) expected to be harvested, the anticipated amounts of 
harvest and incidental catch, the approximate times when and places 
where fishing would take place, approximate number and types of vessels 
participating, or expected to participate, in the fishing activity, and 
the type, size, and amount of gear to be used. The request would also 
need to describe the specific area(s) that may be affected by the 
fishing activities and any anticipated impacts on the environment, 
including impacts on fish stocks, marine mammals, and species listed as 
threatened or endangered under the ESA or their critical habitat. If 
requested by NMFS, the applicant would be required to submit additional 
supporting information for NMFS to make determinations under the ESA, 
NEPA, or other applicable law or policy. Given the transboundary nature 
of many high seas fisheries and the potential impact of newly 
authorized high seas fisheries on domestic fishery management programs, 
NMFS would work with relevant NMFS regional office(s) and consult with 
Regional Fishery Management Council(s) to evaluate requests to 
authorize new high seas fisheries and, as part of that process, would 
publish a proposed rule in the Federal Register to gather public 
comment on such requests. Information received during the comment 
period may be considered by NMFS, working in conjunction with the 
relevant NMFS regional office(s) and in consultation with Regional 
Fishery Management Council(s), in its analysis to determine whether to 
authorize the fishery. Based on the analysis and other relevant 
considerations, NMFS would publish its determination in the Federal 
Register whether to add the fishery to the list of authorized high seas 
fisheries.
    Section 300.334 (d), describes several factors that would be taken 
into account when considering the deletion of a fishery from the list 
of authorized fisheries including whether continuation of the fishery 
would contravene international conservation and management measures 
recognized by the United States or U.S. laws or regulations. For 
example, NMFS would remove a fishery from the list if vessels of the 
United States are no longer authorized to catch fish in the area of 
competence of the relevant RFMO. Proposals to remove a fishery from the 
list of authorized fisheries (i.e., de-authorize the fishery), as well 
as any necessary changes to other regulations in this chapter and 50 
CFR part 600, would be published in the Federal Register as a proposed 
rule with an opportunity for public comment. NMFS would then publish 
its final determination on deleting the fishery from the list of 
fisheries in the Federal Register. In addition, NMFS would provide 
notice of a deletion of an authorized fishery to those permit holders 
that have the authorized fishery specified on their high seas fishing 
permit and to the public via the NMFS Web site. Permit holders would no 
longer be able to fish in high seas fisheries that are no longer 
authorized, but may request authorization to fish in other, still 
authorized, high seas fisheries. If requested, and as appropriate, NMFS 
would void the original permit and issue the permit holder a revised 
permit, valid for the remainder of the original 5 year period, for 
operations in another authorized fishery.

Protecting Vulnerable Marine Ecosystems From Significant Adverse 
Impacts of Bottom Fishing

    Many RFMOs recognize the need to protect vulnerable marine 
ecosystems (VMEs) located on the high seas from certain bottom fishing 
practices and are taking steps for their protection. Through this 
proposed rule, the United States would be similarly taking steps to 
protect VMEs. The characteristics of VMEs are described in the FAO 
International Guidelines for the Management of Deep-sea Fisheries in 
the High Seas. These FAO Guidelines give examples of species groups, 
communities and habitat forming species that may contribute to the 
formation of VMEs, such as certain coldwater corals and hydroids, some 
types of sponge dominated communities, and seep and vent communities 
comprised of invertebrate and microbial species found nowhere else. 
Examples of topographic, hydrophysical or geological features that 
potentially support these and other species include seamounts, guyots, 
banks, knolls, hills and hydrothermal vents.
    The United Nations General Assembly (UNGA), through annual 
sustainable fisheries resolutions, calls upon States, both individually 
and cooperatively through RFMOs, to ensure that bottom fishing 
activities do not have significant adverse impacts on VMEs. The United 
States has strongly promoted the adoption of measures to protect VMEs 
by relevant RFMOs.

[[Page 19616]]

    The UNGA resolutions call on RFMOs with competence over bottom 
fishing activities or flag States in areas where RFMOs have not taken 
action or areas where there are no relevant RFMOs to:
    (1) Assess, on the basis of the best available scientific 
information, whether individual bottom fishing activities would have 
significant adverse impacts on VMEs, and to ensure that if significant 
adverse impact is likely to occur, such activities are managed to 
prevent such impacts or not authorized to proceed;
    (2) Identify areas where VMEs occur or are likely to occur and 
assess bottom fishing impacts on such ecosystems;
    (3) Close such areas to bottom fishing unless conservation and 
management measures have been established that prevent significant 
adverse impacts to VMEs; and
    (4) Cease bottom fishing activities in areas where, in the course 
of fishing activities, VMEs are encountered and report these encounters 
to a relevant authority.
    In its International Guidelines for the Management of Deep-sea 
Fisheries in the High Seas, the FAO identifies impacts as significantly 
adverse if they compromise ecosystem integrity, such as ecosystem 
structure or function, by impairing the ability of affected populations 
to replace themselves, degrading the long-term natural productivity of 
habitats, or causing, on a more than temporary basis, significant loss 
of species richness, habitat or community types.
    Several RFMOs have competence over bottom fishing activities. Four 
of these RFMOs existed prior to the most recent publication in the 
Federal Register of international conservation and management measures 
recognized by the United States: Commission for the Conservation of 
Antarctic Marine Living Resources (CCAMLR), Northeast Atlantic 
Fisheries Commission (NEAFC), Northwest Atlantic Fisheries Organization 
(NAFO), and Southeast Atlantic Fisheries Organization (SEAFO). Each of 
these four bodies adopted conservation and management measures in 
accordance with UNGA resolutions 61/105 and 64/72 related to protection 
of VMEs. The United States is a member of CCAMLR and NAFO, and thus, is 
obligated to abide by their conservation and management measures. The 
United States recognizes the conservation and management measures 
adopted by NEAFC and SEAFO under the HSFCA, and thus prohibits U.S. 
fishing vessels from acting in contravention of them (76 FR 28954, May 
19, 2011).
    The UNGA resolutions call upon States to develop new RFMOs in areas 
where no organization or arrangement with the competence to manage 
bottom fisheries exists and to develop and agree to implement interim 
measures until binding conservation measures can be implemented. The 
United States participated in negotiations in the North and South 
Pacific for the establishment of two new RFMOs with such competency. In 
the North Pacific, a treaty, the Convention on the Conservation and 
Management of High Seas Fisheries Resources in the North Pacific Ocean, 
has been negotiated but has not yet entered into force. The United 
States has signed the treaty and is undertaking the domestic process to 
ratify the treaty. The participants have developed two sets of interim 
measures for the protection of VMEs, one for the eastern and the other 
for the western portion of the area where the treaty would apply.
    In the South Pacific, the Convention on the Conservation and 
Management of High Seas Fishery Resources in the South Pacific Ocean 
entered into force on August 24, 2012, creating the South Pacific 
Regional Fisheries Management Organisation (SPRFMO). While the United 
States is not currently a party to the Convention, the United States 
participates in the SPRFMO as a Cooperating non-Contracting Party, has 
signed the treaty, and is undertaking the domestic process to ratify 
it. SPRFMO adopted a conservation and management measure in January 
2014 in accordance with UNGA resolutions 61/105 and 64/72.
    Under Sec.  300.335 of this proposed rule, bottom fishing would 
only be permitted on the high seas in accordance with international 
conservation and management measures recognized by the United States. 
Currently, CCAMLR, NAFO, NEAFC and SEAFO have such measures, as 
discussed above. A person seeking to engage in bottom fishing not 
subject to international conservation and management measures 
recognized by the United States must request authorization of a new 
high seas fishery as described in Sec.  300.334(e) and then, if the 
fishery is authorized, obtain a high seas permit authorizing 
participation in the fishery. See ``Fisheries Authorized on the High 
Seas'' section above. NMFS may specify conditions in the permit to 
mitigate adverse impacts on VMEs, which may include the types of 
conditions that have been adopted in relevant RFMO measures recognized 
by the United States. Procedures for permits under Sec.  300.333 and 
changes to existing permits under Sec.  300.334 would be used for 
bottom fishing permitting. Consistent with the FAO's International 
Guidelines for the Management of Deep-sea Fisheries in the High Seas, 
NMFS is proposing to define bottom fishing as fishing using gear that 
is likely to contact the seafloor during the normal course of fishing 
operations.

Vessel Identification

    To clarify the type of vessel length used in determining the 
required sizing of vessel markings, the word ``overall'' would be added 
after ``length,'' in Sec.  300.336(b)(2)(v) in the proposed rule (Sec.  
300.14(b)(2)(v) in the existing regulations). This revision to the 
regulatory text is consistent with the FAO Standard Specifications for 
the Marking and Identification of Fishing Vessels. No other changes to 
this section are proposed.

Requirements for Enhanced Mobile Transceiver Units (EMTUs)

    NMFS published a final rule for VMS type-approval on December 24, 
2014. See 79 FR 77399. Those regulations are codified at 50 CFR part 
600, subpart Q (national VMS regulations). As defined in the VMS type-
approval regulations, vessel monitoring system, or VMS, refers to a 
satellite based surveillance system designed to monitor the location 
and movement of vessels using onboard transceiver units that send 
global positioning system location reports to a monitoring entity. An 
enhanced mobile transceiver unit (EMTU) is a transceiver or 
communications device, including antennae, dedicated message terminal 
and display, and an input device such as a keyboard which is installed 
on a fishing vessel, and is capable of supporting two-way 
communication, messaging, and electronic forms transmission, and is an 
example of the device that provides the vessel location reports as part 
of a VMS.
    Under Sec.  300.337 of this proposed rule, NMFS would require all 
vessels permitted to operate on the high seas, or subject to those 
permitting requirements, to have an installed and activated NMFS-type-
approved EMTU on board. NMFS will not issue or renew a high seas 
fishing permit unless the vessel has an installed and activated NMFS-
type-approved EMTU that reports automatically to NMFS (Sec.  
300.333(d)(2) and (g)).
    NOAA's Office of Law Enforcement (OLE) currently type-approves 
EMTUs and mobile communication services (MCS) associated with the EMTUs 
based on requirements outlined in the national VMS regulations. OLE 
periodically publishes a list of type-approved EMTUs and MCS in the 
Federal Register. Vessel owners also would

[[Page 19617]]

need to comply with any other applicable VMS requirements set forth 
under applicable fishery-and region-specific regulations and the 
national VMS regulations. The owner or operator of the vessel would 
need to work with a divisional office of the NOAA Office of Law 
Enforcement, preferably the office in, or nearest, the NMFS Region that 
is issuing the high seas fishing permit, to ensure that their EMTU 
properly reports positions to NMFS.
    This proposed rule would require the continuous operation of the 
EMTU, with hourly transmission of position reports whenever a U.S. 
vessel with a high seas permit is on the high seas. In addition, the 
vessel must comply with any other position reporting requirements 
applicable to the specific fisheries in which it is authorized to 
participate. The proposed requirement will strengthen NMFS' ability to 
ensure that U.S. high seas vessels do not undermine international 
conservation and management measures recognized by the United States.
    A vessel would be exempt from these requirements and could power 
down the EMTU when the vessel remains at a dock or permanent mooring 
for more than 72 consecutive hours (referred to as the in-port 
exemption in the proposed rule) or when it participates in a domestic 
fishery within the U.S. EEZ, for 30 or more consecutive days, and there 
are no other applicable requirements for any EMTU or VMS unit operation 
for those activities or fishery (referred to as the long-term exemption 
in the proposed rule). Prior to powering down, the high seas permit 
holder would be required to notify the OLE divisional office, via email 
or other means as directed by the OLE divisional office, the following 
information: The vessel's name; the vessel's official number; the 
intent to power down the EMTU; the applicable exemption that allows for 
power-down; and full name, telephone, and email contact information for 
the vessel owner or operator. If the in-port exemption is being 
invoked, the high seas permit holder must also include in the above 
notification the name of the port where the vessel will be docked or at 
permanent mooring and the amount of time the vessel is expected to 
remain there. If the long-term exemption is being invoked, the high 
seas permit holder must include information in the above notification 
that describes the activities or fishery the vessel will be engaged in 
and estimated duration.
    When powering up the EMTU after an in-port exemption, the vessel 
owner or operator would need to report to the OLE divisional office the 
following information: That the EMTU has been powered up; the vessel's 
name; the vessel's official number; port name; fishery where the vessel 
intends to operate; and full name, telephone, and email contact 
information for the vessel owner or operator. The vessel owner or 
operator needs to make this report to the OLE divisional office, during 
office hours, at least 2 hours before leaving port or mooring. When 
powering up after a long-term exemption, the vessel owner or operator 
would need to notify the OLE divisional office with the previously 
described information, during office hours.
    When powering up after either exemption, the vessel owner or 
operator would need to receive email confirmation from the OLE 
divisional office that EMTU transmissions are being properly received. 
This confirmation would need to be received before leaving port, after 
an in-port exemption, or before entering the high seas or a fishery 
that requires EMTU operation, after a long-term exemption.
    Many HSFCA-permitted vessels are already required to operate EMTUs 
when at sea because they participate in fisheries with domestic EMTU 
requirements. Satisfying those requirements would satisfy the proposed 
HSFCA requirement, if the EMTU is operating at all times, providing 
hourly position reports while on the high seas, and the EMTU activation 
and power-down/power-up procedures are the same or are more restrictive 
than these proposed HSFCA requirements. VMS requirements that currently 
apply on the high seas include the following regulations:
     Sec.  660.712(d) for longliners in the U.S. West Coast 
fisheries for highly migratory species (HMS) (these units are owned and 
installed by NMFS),
     Sec.  665.19 for Western Pacific pelagic fisheries (these 
units are owned and installed by NMFS),
     Sec.  300.219 for Western and Central Pacific fisheries 
for HMS,
     Sec.  300.45 for South Pacific tuna fisheries,
     Sec.  635.69 for Atlantic HMS fisheries, and
     Sec.  300.116 for harvest of Antarctic marine living 
resources.
    High seas fishing vessels that would need to purchase, install, 
activate, and operate EMTUs as a result of this proposed rule include 
vessels other than longliners participating in the U.S. West Coast 
fisheries for HMS, longline vessels less than 40 feet in length overall 
in the Western Pacific pelagic fisheries, vessels in the Atlantic HMS 
fisheries that do not use pelagic longline gear, and certain vessels in 
the Atlantic HMS fisheries that use shark bottom longline and gillnet 
gear.
    In the case of failure of the EMTU while at sea, the vessel 
operator, owner, or designee would be required to notify the OLE 
divisional office and follow instructions provided, which could include 
actions described under proposed Sec.  300.337(e)(2). The EMTU would 
then need to be repaired or replaced and operating within 30 days or 
before starting the next trip, whichever is sooner.
    For communicating with enforcement authorities about the 
functioning of the EMTU and other purposes, operators of vessels would 
be required to carry on board and continuously monitor a two-way 
communication device capable of real-time communication with the OLE 
divisional office. The device must be capable of transmitting position 
reports, or the vessel must have a separate device for transmitting 
position reports, in the event the EMTU fails.
    The vessel owner or operator would be responsible for all costs 
associated with the purchase, installation and maintenance of the EMTU, 
and for all charges levied by the vendors as necessary to ensure the 
transmission of automatic position reports to NMFS. However, if the 
EMTU 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.
    Vessel owners or operators who purchase an EMTU for the purpose of 
complying with Federal VMS regulations such as those in this rule, if 
finalized, may be eligible for a one-time reimbursement per vessel. See 
73 FR 24955, May 6, 2008, for details.

Requirement for Observers

    Observers provide NMFS with information on fishing effort and catch 
of target species and non-target species, including protected species 
(such as marine mammals, sea turtles, and seabirds) pursuant to various 
legal authorities, including the Magnuson-Stevens Act, ESA, MMPA, the 
implementing legislation of international or regional treaties to which 
the United States is party, or regulations promulgated under those 
statutes. An observer under this proposed rule is defined as any person 
serving in the capacity of an observer employed by NMFS, either 
directly or under contract with a third party, or certified as an 
observer by NMFS

[[Page 19618]]

(Sec.  600.10). Under Sec.  300.338 of this proposed rule, NMFS would 
require a vessel permitted pursuant to the HSFCA, if directed by NMFS, 
to carry an observer during a fishing trip with operations on the high 
seas. This requirement would not be invoked by NMFS if the vessel will 
already be carrying an observer pursuant to other legal authorities. 
While the vessel may be required to cover the costs of an observer 
under other applicable laws, NMFS would fund the cost of the observer's 
salary and benefits when placed on board pursuant to this rule. If and 
when a mechanism is established whereby the fishing vessel could pay 
these costs without any conflict of interest, the vessel could be 
responsible for all or a portion of these costs.
    Currently, there are different fishery-specific observer 
requirements. In some fisheries authorized on the high seas, an 
observer must be on board every fishing trip, such as on the Class 6 
purse seine vessels (vessels with well volume carrying capacity in 
excess of 425 cubic meters) operating in the Pacific tuna fisheries. In 
others, such as the pelagic longline vessels in the Atlantic HMS 
fisheries, only a portion of vessel trips are selected for observer 
coverage. Certain fisheries on the high seas currently do not require 
carrying an at-sea observer, such as the South Pacific albacore troll 
fisheries, some Class 5 (vessels with well volume carrying capacity 
between 319 and 425 cubic meters) and all Class 1 to 4 purse seine 
vessels fishing in the U.S. West Coast Fisheries for Pacific HMS, some 
longliners in the Western Pacific pelagic fishery, and vessels less 
than 40 feet in length overall in the American Samoa longline fishery. 
However, these and any other commercial HMS vessels are subject to 
WCPFC observer deployment under WCPFC regulations for fishing trips 
during which the vessel at any time enters or is within the WCPF 
Convention Area.
    This proposed rule would allow NMFS to place an observer on board a 
high seas fishing vessel where observer coverage is not otherwise 
required by other regulations or relevant RFMO conservation and 
management measures. Such additional coverage would enhance NMFS' 
ability to collect fishery dependent data needed for fishery 
management. A vessel would be selected for observer deployment using a 
sampling scheme to be developed by NMFS, based on the need to obtain 
information on high seas activities.
    The owner or operator of a vessel that is selected for observer 
deployment under this rule would be required to notify NMFS before 
commencing any fishing trip that takes place on the high seas. In the 
letter to the vessel owner or operator informing him/her of the 
selection for observer deployment, NMFS would specify notification 
procedures and information requirements such as expected gear 
deployment, trip duration, and fishing area. Requirements pertaining to 
observer deployment, including the requirement to provide the observer 
access to, for example, vessel communications and navigation equipment 
and cooperate with observers are included in the proposed rule. 
Observer safety requirements set forth at Sec.  600.746 would also 
apply, as well as the associated prohibitions in Sec.  600.725(q) 
through (u). These sections require vessels carrying observers to have 
a valid U.S. Coast Guard Commercial Fishing Vessel Safety decal and 
take other steps to ensure safe conditions aboard the vessel.

Transshipment on the High Seas

    At-sea transshipment, defined in this proposed rule at Sec.  
300.331 as offloading or receiving or otherwise transferring fish or 
fish products from one fishing vessel to another, allows harvesting 
vessels to continue operations for longer periods when they are in 
waters far from ports. At-sea transshipment can also be used to obscure 
the origin of illegally-caught fish so that the product can be placed 
into commerce in contravention of regulations designed to eliminate 
illegal, unreported and unregulated (IUU) fishing practices. Unreported 
and unregulated transshipments at sea can contribute to inaccurate 
reporting of catches and can support IUU fishing activities. Improved 
oversight of transshipment taking place on the high seas would promote 
compliance with international conservation and management measures and 
help deter IUU fishing.
    The proposed definition of transship or transshipment would exclude 
``net sharing,'' that is, the transfer of fish that have not yet been 
loaded on board any fishing vessel from the purse seine net of one 
fishing vessel to another fishing vessel. Fish would be considered to 
be on board a fishing vessel once they are on a deck or in a hold, or 
once they are first lifted out of the water by the vessel.
    In those instances where transshipment on the high seas is not 
prohibited under other legal authorities, this proposed rule requires 
that U.S. high seas fishing vessels involved in transshipment on the 
high seas have on board a high seas fishing permit (Sec.  300.333(b)). 
The permitting requirement applies to both the vessel offloading the 
fish or fish product and the vessel receiving the fish or fish product. 
In addition to any other applicable requirements, under Sec.  
300.339(b), the owner or operator of a U.S. vessel receiving or 
offloading fish or fish product on the high seas must notify NMFS at 
least 36 hours prior to each transshipment event, and submit a report 
on the transshipment event within 15 days after the vessel first enters 
into port, using the form obtained from the Regional Administrator or 
Office Director who issued the high seas fishing permit.
    The owner or operator of U.S. vessels receiving or offloading fish 
on the high seas would need to include the following information in the 
prior notification: The vessels participating in the transshipment 
(names, official numbers, and vessel types); the location (latitude and 
longitude to the nearest tenth of a degree) of transshipment, date and 
time that transshipment is expected to occur, and species, processed 
state, and quantities (in metric tons) expected to be transshipped. 
Each transshipment would require a separate notice and report. As some 
of the information might be known by only the receiving vessel operator 
and some of the information might be known only by the offloading 
vessel operator, the operators of both vessels may need to exchange 
information regarding transshipment activities. In authorized fisheries 
where equivalent or more restrictive domestic transshipment 
notification and reporting regulations apply, fulfillment of such 
regulations would satisfy the requirements under this proposed rule.
    The following are examples of existing at-sea transshipment 
restrictions and reporting requirements that already apply to high seas 
fishing vessels (all citations are to 50 CFR):
     Sec.  300.24(d) of the Eastern Pacific Tuna Fisheries 
regulations prohibits the transshipment of purse seine caught tuna in 
the Inter-American Tropical Tuna Commission (IATTC) Convention Area.
     Sec.  300.112(k) requires U.S. flagged vessels that 
receive or attempt to receive Dissostichus species from a harvesting 
vessel at sea, regardless of whether such transshipment occurs in 
waters under the jurisdiction of CCAMLR, to obtain from NMFS a 
harvesting permit authorizing transshipment. CCAMLR conservation 
measures also require advance notification for transshipment of 
Antarctic marine living resources and other materials (e.g., bait, 
fuel) in the CAMLR Convention area. All transshipments of Dissostichus 
species must be reflected in the Dissostichus Catch Document regardless 
of where the transshipment occurs.

[[Page 19619]]

     Sec.  635.29(a) prohibits at-sea and in port transshipment 
of any tuna or tuna-like species, or other highly migratory species, 
regardless of where the fish were harvested. However, an owner or 
operator of a vessel for which an Atlantic Tunas Purse Seine category 
permit has been issued under Sec.  635.4 may transfer large, medium, 
and giant bluefin tuna at sea from the net of the catching vessel to 
another vessel for which an Atlantic Tunas Purse Seine category 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.
     For U.S. West Coast fisheries for HMS, the operators of 
any commercial fishing vessel and any recreational charter vessel 
fishing for HMS in the management area must fill out information on the 
date, transshipper, and amount transshipped on report forms provided by 
the Western Regional Administrator or a state agency (Sec.  
660.708(a)). Thus, the albacore trollers, pole and line vessels, and 
other vessels that fish for HMS on the high seas are subject to this 
reporting requirement.
     For Western Pacific pelagic fisheries, regulations set 
forth at Sec.  665.14(c) require operators of vessels receiving 
transshipments to keep records and submit information on transshipments 
that occur in the EEZ. Specifically, any person subject to the 
requirements set forth in Sec.  665.801(e)--which pertains to longline 
and other pelagic fishing within the EEZ or landing or transshipping 
pelagic species within the EEZ--must maintain on board the vessel an 
accurate and complete NMFS transshipment logbook containing report 
forms provided by the Pacific Islands Regional Administrator. All 
information specified on the forms must be recorded on the forms within 
24 hours after the day of transshipment. Each form must be signed and 
dated by the receiving vessel operator. The original logbook for each 
day of transshipment activity must be submitted to the Pacific Islands 
Regional Administrator within 72 hours of each landing of western 
Pacific pelagic species.
     For the WCPF Convention Area, NMFS regulations prohibit 
transshipments at sea involving purse seine vessels in the WCPF 
Convention Area as well as transshipments to and from purse seine 
vessels of fish caught in the WCPF Convention Area and transshipped 
outside the WCPF Convention Area. 50 CFR 300.216(b). However, net 
sharing between purse seine vessels is allowed in the WCPF Convention 
Area in limited circumstances. 50 CFR 300.216(c). For transshipments 
that are not prohibited, owners and operators of each vessel involved 
in a transshipment in the WCPF Convention Area or a transshipment of 
fish caught in the Convention Area and transshipped anywhere are 
required to complete a specific report form and to submit that form to 
NMFS. 50 CFR 300.218(b). Vessels are required to notify the WCPFC when 
such transshipment occurs on the high seas or when an emergency 
transshipment that would otherwise be prohibited occurs. Notices for 
high seas transshipments need to be submitted to the WCPFC at least 36 
hours before the transshipment and notices for emergency transshipments 
must be submitted within 12 hours after completion of the emergency 
transshipment.

Prohibitions

    The proposed rule would redesignate the existing prohibitions in 
Sec. Sec.  300.15 to 300.340, and would add prohibitions to clarify 
that a high seas vessel: Must have on board a valid permit; may not 
fish on the high seas unless any and all permits related to the 
authorized fisheries noted on the high seas permit are valid; must 
follow new requirements related to the use of an EMTU; must follow new 
requirements with respect to observers, must follow new reporting 
requirements with respect to transshipments; and must follow reporting 
requirements of the authorized fishery(ies) noted on the high seas 
permit.

Penalties

    NMFS proposes to remove the penalties section in the existing 
regulations, as these penalties are adequately addressed in the HSFCA 
itself and do not need to be repeated in these regulations.

Catch and Effort Reporting Requirements

    The proposed rule would modify the catch and effort reporting 
requirements to clarify the information that must be maintained on 
board a vessel and reported to NMFS.
    Under the proposed rule, the references to the regulations in the 
existing version of Sec.  300.17 would be removed. The references to 
the regulations of each authorized fishery would be provided in Sec.  
300.334 instead. The vessel owner and operator would be responsible for 
obtaining from their Regional Administrator the appropriate forms for 
their authorized fishing activities and submitting the reports within 
the deadlines of the authorized fisheries or within 15 days following 
the end of a fishing trip, whichever is sooner. The reference in 
current regulations to MSA confidentiality provisions in Sec.  
300.17(c) would be deleted.

Scientific Research Activities

    Existing regulations set forth at Sec. Sec.  600.512(a) and 
600.745(a) encourage persons planning scientific research activities in 
the U.S. EEZ using foreign vessels or U.S.-flagged vessels to submit 
their research plan to the appropriate Regional Administrator or 
Science Center Director and obtain a letter of acknowledgement. Under 
the proposed rule, the phrase ``or on the high seas'' would be added in 
Sec.  600.745(a) so that any person who would use a U.S. vessel for 
research activities on the high seas would also be encouraged to submit 
their research plan and obtain a letter of acknowledgement. The 
scientific research plan should be submitted 60 days, or as soon as 
practicable, prior to the start of the research activities. This is not 
intended to inhibit or prevent any scientific research activity 
conducted on the high seas, and is in addition to any requirements that 
may apply to such research under RFMO conservation and management 
measures or other applicable law.

Publication of International Conservation and Management Measures

    HSFCA section 105(e) (16 U.S.C. 5504(e))requires the Secretary, in 
consultation with the Secretary of State, to periodically publish in 
the Federal Register a notice listing ``international conservation and 
management measures recognized by the United States.'' The latest 
listing was published on May 19, 2011 (76 FR 28954).

Request for Comments

    NMFS is requesting comments on any of the requirements or analyses 
described in the proposed rule. Furthermore, NMFS requests comments on 
the following topics:
    1. The time it takes to procure an EMTU and have it installed. 
Currently, NMFS is considering requiring that vessel owners have an 
EMTU installed and operational within 90 days of publication of the 
final rule;
    2. The number of hours and costs associated with having the EMTU 
installed by a qualified marine electrician;
    3. Current levels of transshipment on the high seas involving U.S. 
vessels and the areas where the transshipments occur; and

[[Page 19620]]

    4. The fisheries in state waters, territorial seas, or within the 
EEZ in which high seas fishing vessels participate and details on how 
vessels transit from the high seas to those fisheries.

Classification

    This proposed rule is published under the authority of the High 
Seas Fishing Compliance Act (16 U.S.C. 5501 et seq.). The NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with this and other applicable laws, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

Regulatory Flexibility Act

    An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (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 
above in the first few paragraphs of the SUPPLEMENTARY INFORMATION 
section. The analysis follows. A copy of the analysis is available from 
NMFS (see ADDRESSES).

Description and Estimate of the Number of Small Entities

    The proposed rule would apply to owners and operators of U.S. 
fishing vessels operating on the high seas, including harvesting 
vessels, refrigerated cargo vessels, and other vessels used to support 
fishing. There are approximately 600 U.S. vessels permitted under the 
HSFCA to fish on the high seas. The majority of these permitted vessels 
are longliners, purse seiners, trollers, or pole and line vessels that 
fish for highly migratory species. There are also small numbers of 
gillnetting, squid jigging, hand or other lining, multipurpose, and 
trawl vessels.
    In this RFA analysis, an individual vessel is the proxy for each 
business entity. Although a single business entity may own multiple 
vessels, NMFS does not have a reliable means at this time to track 
ownership of multiple vessels to a single business entity. Based on 
limited financial information about the affected fishing vessels, NMFS 
believes that all the affected fish harvesting businesses, except for 
the Pacific tuna purse seine vessels, are small entities as defined by 
the RFA; that is, they are independently owned and operated and not 
dominant in their fields of operation, and have annual receipts of no 
more than $20.5 million.

Projecting Reporting, Record-Keeping, and Other Compliance Requirements

    For each element of the proposed rule, the analysis of impacts to 
small entities is described below.
    Permit Application Process. NMFS currently authorizes fisheries on 
the high seas only after appropriate reviews are completed pursuant to 
the ESA, MMPA, NEPA, and other applicable law. Applicants select from a 
list of such authorized fisheries when applying for a high seas fishing 
permit. The proposed rule would codify this procedure. Vessel owners 
and operators apply for a high seas fishing permit every 5 years, 
paying an application fee currently set at $129 and completing the 
application form, which is estimated to take 30 minutes. The rule would 
not change these burdens.
    The proposed rule would be explicit about the requirement that 
vessels harvesting or participating in operations on the high seas in 
support of harvesting, such as transshipment and provision of supplies 
or fuel, have on board a valid high seas fishing permit. NMFS expects 
this aspect of the proposed rule to result in few additional 
applications for high seas permits, if any, because transshipment of 
fish on the high seas is prohibited in some fisheries and where it is 
not prohibited, records show few instances of transshipment. NMFS is 
not aware of any U.S. vessels that provide supplies or fuel to 
harvesting vessels on the high seas.
    The rule would require a photograph of the high seas fishing vessel 
to be submitted with the permit application. The time necessary to 
photograph the vessel, print or scan the photograph, and attach it to 
the application is estimated to take 30 minutes per application.
    The proposed rule would allow a person, which could include an 
organization or a group of persons, to request NMFS add a fishery 
authorized on the high seas. A request would need to include the 
following information:
    (a) The species (target and incidental) expected to be harvested 
and the anticipated amounts of harvest and bycatch.
    (b) The approximate times and places fishing will take place, 
approximate number of vessels participating, and the type, size, and 
amount of gear to be used.
    (c) A description of the specific area that may be affected by the 
fishing activities.
    (d) A description of any anticipated impacts on the environment, 
including impacts on fish stocks, marine mammals, species listed as 
threatened or endangered under the ESA or their critical habitat.
    (e) If requested by NMFS, any additional information necessary for 
NMFS to conduct analyses under ESA, MMPA and NEPA.
    Making the request to add an authorized fishery is expected to take 
approximately 110 hours. This time would be spent gathering and 
compiling the required information. NMFS does not expect such requests 
on a regular basis. For the purposes of this IRFA, NMFS estimates that 
one request might be submitted every 5 years. The impact from this 
aspect of the proposed rule is not expected to be significant because 
this is not a requirement, but an option for the public, and such 
requests are expected to be made infrequently.
    Installation and Operation of EMTUs. The proposed rule would 
require the installation of EMTUs on all high seas fishing vessels. The 
EMTU would need to be operated at all times, except when the vessel 
will be at a dock or permanent mooring for more than 72 consecutive 
hours, or when the vessel will not operate on the high seas or in any 
fishery that requires EMTU operation for more than 30 consecutive days. 
Notices prior to EMTU power-down and power-up would need to be provided 
to NMFS.
    Under the proposed rule, approximately 200 of the currently 
permitted high seas fishing vessels would need to install an EMTU. The 
remaining 400 or so vessels currently holding high seas fishing permits 
are already subject to EMTU requirements and would not bear any 
additional compliance costs as a result of this proposed rule.
    The majority of the approximately 200 affected vessels would likely 
be albacore trollers operating in the Pacific Ocean. These vessels have 
generally not been subject to VMS requirements contained in other 
regulations. The cost of compliance with this requirement includes the 
cost of purchase, installation, maintenance, and operation of the EMTU. 
The costs of purchase and installation are treated as one-time costs 
because this analysis shows costs just in the near-term future. Table 2 
summarizes the costs associated with the EMTU requirement in the 
proposed rule. A description of the estimates and calculations used in 
Table 2 is provided below the table.

[[Page 19621]]



                          Table 2--Estimated Costs of Compliance With EMTU Requirements
----------------------------------------------------------------------------------------------------------------
                 Description                                                 Cost
----------------------------------------------------------------------------------------------------------------
EMTU purchase...............................  Up to $3,100.
Installation cost (one-time)................  $50-400 ($400 used for estimation).
Daily position report costs (Hourly, 24/day;  $1.44.
 $0.06/report *24 reports/day).
Annual position report cost per vessel......  $525/vessel.
($1.44/day * 365 days/year).................
Annual EMTU maintenance cost................  $50-100 ($100 used for estimation).
Total cost per vessel (Year 1; unit +         $4025.
 installation + position reports).
Total cost per vessel after reimbursement of  $925.
 EMTU cost (for eligible vessels only).
Cost per vessel (Year 2 and beyond; position  $625/vessel.
 reports and EMTU maintenance).
Number of affected vessels..................  200.
Total cost (Year 1; total cost per vessel     $805,000.
 before reimbursement * number of affected
 vessels).
Total cost (Year 2 and beyond; total cost     $125,000.
 per vessel * number of affected vessels).
----------------------------------------------------------------------------------------------------------------

    Units would need to be installed by a qualified marine electrician. 
Based on experience in other fisheries with EMTU requirements, NMFS 
suggests that installation cost can range from $50 to $400, depending 
on the vessel, proximity to the installer, and the difficulty of the 
installation. For estimation purposes, $400 was used to calculate the 
costs of compliance with this proposed rule. NMFS is interested in 
receiving public comment on these values to refine estimates of the 
economic impacts on the affected vessels.
    The cost of transmitting data through the EMTU depends on the type 
of EMTU installed and the communication service provider selected. For 
the purposes of this rulemaking, NMFS is assuming the cost of EMTU 
position data transmissions is approximately $0.06 per transmission. 
This equates to $1.44 per day for the location reports, at a rate of 
one transmission per hour. Providing position reports throughout the 
year could cost a high seas fishing vessel $525 (365 days per year * 24 
position reports per day * $0.06 = $525).
    The EMTU may be powered down if the vessel would be at the dock or 
mooring for more than 72 consecutive hours or if the vessel, for 30 or 
more consecutive days, would not be operating on the high seas or 
participating in a fishery that requires EMTU operation. A message 
notifying NMFS of the power-down must be sent to NMFS prior to powering 
down the unit and again when the EMTU will be powered back up. If an 
EMTU is powered down for portions of the year, the actual annual cost 
of transmitting position data would be less. Thus the annual costs of 
EMTU operation could vary among individual vessels depending on the 
number of days an EMTU may be powered down.
    The cost of compliance for vessel owners is estimated to be $4,025 
per vessel in the first year (Table 2). This is the cost of compliance 
prior to receiving reimbursement for the cost of the EMTU. 
Reimbursement funds of up to $3,100 per VMS unit would reduce the cost 
to $925 per vessel, on average, for reimbursement-eligible vessels. The 
cost of operating the EMTU in year two and beyond would include the 
cost of sending position reports and maintenance and is estimated to be 
$625.
    Aside from the costs of purchase, installation, and operation of 
EMTUs, vessel owners or operators would need to spend time purchasing a 
unit, having it installed, and submitting an installation and 
activation report form. These steps are estimated to take an average of 
4 hours. The notices prior to power-down and powering back up the EMTU 
are estimated to take 10 minutes each.
    The compliance cost of obtaining, carrying on board, and monitoring 
the required communication devices is expected to be zero, as NMFS 
believes all affected small entities already carry and monitor such 
devices.
    Requirement to Carry an Observer. Under the proposed rule, a high 
seas fishing vessel would be required to carry an observer for the 
duration of a fishing trip, if so selected by NMFS. When an observer is 
deployed pursuant to the proposed rule, NMFS would pay the cost of the 
observer's salary and benefits. If and when a mechanism is established, 
through a future rulemaking, whereby the fishing vessel could pay these 
costs without any conflict of interest, the vessel could be responsible 
for all or a portion of these costs. Most high seas fishing vessels are 
already subject to requirements for carrying an observer. For example, 
in the shallow-set and deep-set longline sectors of the Hawaii longline 
fleet, 100 percent and approximately 20 percent of fishing trips, 
respectively, are covered by observers. In authorized fisheries where 
observers are placed on all participating vessels pursuant to other 
regulations, the compliance cost of the proposed rule would be nil.
    In high seas fisheries where only a portion of the high seas 
fishing vessels are selected for observer coverage, the possibility of 
being selected to carry an observer would increase under this proposed 
rule. Vessels that are not already subject to any other observer 
requirements could be selected to carry observers under the proposed 
rule. This includes, but is not limited to, South Pacific albacore 
trollers, purse seine vessels of Class 5 or smaller participating in 
the Eastern Pacific tuna fisheries, and some longline vessels in 
Western Pacific pelagic fisheries.
    If a vessel is selected for observer coverage under this rule, the 
vessel owner or operator would be required to provide NMFS a notice of 
their next fishing trip. This notification is estimated to take 5 
minutes and cost $1 in communication costs.
    For trips on which an observer is deployed under this new 
requirement, the affected entity would be at least responsible for the 
costs associated with providing the observer with food, accommodations, 
and medical facilities. These costs are expected to be $20 to $50 per 
day. If the affected entity is also responsible for the cost of the 
observer's salary and benefits because a mechanism is established 
whereby the fishing vessel pays these costs, the range would be $250 to 
$500 per day. Assuming a high seas fishing trip averages 20 days in 
duration, the estimated cost of compliance for accommodating an 
observer on a vessel would be between $400 and $1,000 if the entity is 
responsible for only food, accommodations, and medical facilities, or 
between $5,000 and $10,000 if the entity will also bear the cost of the 
observer's salary and benefits.
    Transshipment Notices and Reports. For owners and operators of 
vessels involved in offloading or receiving a transshipment of fish or 
fish product on the high seas, the proposed rule would

[[Page 19622]]

require vessel owners or operators to provide to NMFS notice of 
transshipments at least 36 hours prior to any transshipment on the high 
seas and to submit to NMFS reports of transshipment following the 
transshipment events.
    Transshipment is also regulated under other applicable law. For 
example, in the Atlantic Ocean, transshipments are generally 
prohibited, with some exceptions. In the Pacific Ocean, purse seine 
vessels are prohibited from transshipping in some instances. NMFS is 
aware that during 2006 to 2009, four to eight vessels offloaded 
longline-caught fish each year and four to eight vessels received 
longline-caught fish each year. It is likely that most of these 
transshipments took place at sea by the Hawaii-based longline fleet, 
but it is unknown how many of these transshipments took place on the 
high seas. NMFS also has data on past transshipments on the high seas 
involving a few U.S. albacore troll vessels.
    Each transshipment notice is estimated to take about 15 minutes and 
no more than $1 in communication costs to prepare and submit to NMFS.
    Each transshipment report is estimated to take about 60 minutes and 
$1 in communication costs for submitting each report to NMFS. Thus, for 
each transshipment event on the high seas, the time burden is estimated 
to be 1 hour and 15 minutes and cost $2 for each U.S. flagged vessel 
involved in the transshipment.
    Reporting Requirements. Existing regulations require submission of 
high seas fishing logbooks. This proposed rule deletes that requirement 
under the HSFCA, and instead, provides that owners and operators of 
high seas fishing vessels would use the reporting forms developed for 
their authorized fisheries to report high seas catch and effort 
information. Given that the former reporting requirements would not be 
changed in a substantive way, the associated compliance cost would be 
unchanged.
    The reporting requirements described above would amend an existing 
collection of information, (OMB Control No. 0648-0304) and these 
amendments are subject to approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act.
    Summary. The proposed rule would increase the cost of operating on 
the high seas for all affected entities. Fulfillment of these 
requirements is not expected to require any professional skills that 
the vessel owners and operators do not already possess.
Significant Alternatives Considered
    NMFS attempted to identify alternatives that would accomplish the 
objectives of the rulemaking and minimize any significant economic 
impact of the proposed rule on small entities.
    The alternative of taking no action was rejected because it would 
fail to achieve the objectives of the rulemaking.
    NMFS evaluated an option to rely on existing permit programs, other 
than the HSFCA permit program, to authorize high seas fishing 
activities. However, by continuing to require the separate HSFCA 
permit, NMFS is able to maintain a separate record of vessels permitted 
to fish on the high seas, facilitating NMFS' ability to submit 
information regarding U.S. high seas vessels to the FAO as required in 
the Compliance Agreement. FAO compiles from the Parties to the 
Compliance Agreement records of vessels authorized to fish on the high 
seas. The separate HSFCA permit, required under the existing 
regulations to be carried on board the vessel, is also useful in 
demonstrating to any domestic inspectors, foreign inspectors operating 
under the authority of a high seas boarding and inspection scheme 
adopted by an RFMO to which the United States is party, or foreign port 
inspectors, that a vessel is permitted to fish on the high seas.
    With respect to the EMTU requirement, one alternative would be to 
require EMTU operation at all times, which would provide NMFS the 
ability to monitor a vessel's location at any time. However, NMFS is 
aware that some vessels holding high seas fishing permits may remain in 
the EEZ for extended periods and are not currently subject to EMTU 
operation requirements while in the EEZ. Some of these vessels may also 
dock their vessels and not engage in fishing for portions of the year. 
This alternative is not preferred because the regulatory burden could 
be minimized by providing some exemptions to the EMTU operation 
requirement, such as exemptions to address the two circumstances 
described above. The preferred alternative would maintain the ability 
to monitor high seas fishing vessels yet minimize the regulatory 
burden.
    Another alternative would be to require EMTU operation only on the 
high seas. However, allowing units to be powered down while a vessel is 
in the EEZ of the U.S. or of another country would weaken the 
effectiveness of using EMTU position information to monitor the 
locations of high seas fishing vessels. For vessels that are highly 
mobile and could operate at any time of the year, such as many high 
seas fishing vessels, EMTUs are more effective if they remain in 
operation at all times. Allowing power-downs whenever in the EEZ, aside 
from the in-port and long-term exemptions provided in the proposed 
rule, could also encourage non-compliance and result in large gaps in 
NMFS' ability to monitor high seas fishing vessels. Thus, this 
alternative is not preferred.
    With respect to the requirement for prior notice of high seas 
transshipments, one alternative would be to allow affected entities to 
provide the notice of high seas transshipment to NMFS at least one 
business day in advance of the transshipment, rather than 36 hours as 
proposed. However, a shorter advance notice would reduce opportunities 
for NMFS or the U.S. Coast Guard to observe transshipments in the event 
they are able to meet the transshipping vessels at sea. For this 
reason, this alternative is not preferred.
    With respect to the transshipment reporting requirements, one 
alternative would be to impose a different timeframe for submission of 
the report. The report could be submitted more than 15 days after 
completion of the transshipment. However, NMFS believes 15 days is a 
reasonable timeframe, and that extending it further could lead to NMFS 
not receiving transshipment reports in a timely manner and would not 
support collection of complete information regarding authorized 
fisheries.
Duplicative, Overlapping, and Conflicting Rules
    The proposed rule has been prepared to be consistent with a number 
of regulations. These include the following:

 50 CFR part 300, subpart C--Eastern Pacific Tuna Fisheries
 50 CFR part 300, subpart D--South Pacific Tuna Fisheries
 50 CFR part 300, subpart G--Antarctic Marine Living Resources
 50 CFR part 300, subpart O--Western and Central Pacific 
Fisheries for Highly Migratory Species
 50 CFR part 635--Atlantic Highly Migratory Species Fisheries
 50 CFR part 660, subpart K--Pacific Highly Migratory Species 
Fisheries
 50 CFR part 665, subpart F--Western Pacific Pelagic Fisheries
    Below are some NMFS regulations that have the same or similar 
regulatory goals and regulate the same classes of industry as the 
proposed rule. Although the regulations and the proposed rule contain 
the same or similar elements,

[[Page 19623]]

the proposed rule has been drafted so that an entity would need to 
follow the more restrictive set of requirements with respect to EMTUs, 
observers, and transshipment where applicable.

    VMS EMTU requirements:

 Sec.  300.45 (South Pacific Tuna Fisheries)
 Sec.  300.116 (Antarctic Marine Living Resources)
 Sec.  300.219 (Western and Central Pacific Fisheries for HMS)
 Sec.  635.69 (Atlantic HMS)
 Sec.  660.359 (Pacific Coast Groundfish Fisheries)
 Sec.  660.712(d) (U.S. West Coast Fisheries for HMS)
 Sec.  665.19 (Western Pacific Pelagic Fisheries)
 Sec.  679.28 (Fisheries of the EEZ off Alaska)

    Observer requirements:

 Sec.  300.22 (Eastern Pacific Tuna Fisheries)
 Sec.  300.43 (South Pacific Tuna Fisheries)
 Sec.  300.113 (Antarctic Marine Living Resources)
 Sec.  300.215 (Western and Central Pacific Fisheries for HMS)
 Sec.  635.7 (Atlantic HMS)
 Sec.  660.719 (U.S. West Coast Fisheries for HMS)
 Sec.  665.808 (Western Pacific Pelagic Fisheries)

    Transshipment notices and reporting requirements:

 Sec.  300.46 (South Pacific Tuna Fisheries)
 Sec.  300.112(k) (Antarctic Marine Living Resources)
 Sec.  300.218 (Western and Central Pacific Fisheries for HMS)
 Sec.  665.801 (Western Pacific Pelagic Fisheries)
 Final rule (77 FR 71501, January 2, 2013) for the Western and 
Central Pacific Fisheries for Highly Migratory Species

National Environmental Policy Act

    As stated in NOAA's Administrative Order (NAO) 216-6 5.05b, an 
action should be evaluated to determine whether it falls into a 
category of actions that do not individually or cumulatively have a 
significant impact on the quality of the human environment, and thus, 
is exempt from further environmental review under NEPA. That analysis 
should determine if (1) a prior NEPA analysis for the ``same'' action 
demonstrated that the action will not have significant impacts on the 
quality of the human environment (considerations in determining whether 
the action is the ``same'' as a prior action may include, among other 
things, the nature of the action, the geographic area of the action, 
the species affected, the season, the size of the area, etc.) or (2) 
the action is likely to result in significant impacts, as defined in 40 
CFR 1508.27 and NAO 216-6 Section 6.01b. NMFS analyzed the proposed 
rule using these criteria and has preliminarily determined that this 
proposed rule can be categorically excluded under 6.03c.3(i) of NAO 
216-6. The provisions of the rule are administrative in nature and 
facilitate monitoring of all high seas fishing vessels. The 
requirements for the installation of VMS EMTUs on vessels, the carrying 
of observers, and the prior notice and reporting of transshipments on 
the high seas would facilitate monitoring of vessels and would not have 
any impacts on the human environment. Moreover, the proposed rule also 
includes procedures that incorporate reviews under ESA and NEPA prior 
to any authorization of activities on the high seas.

Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. The 
current collection of information, under OMB Control No. 0648-0304, 
includes a permit application, vessel marking requirements, and high 
seas fishing effort and catch reporting. In addition to this collection 
of information, the proposed rule includes new requirements listed 
below.
    The public reporting burden for each proposed requirement has been 
estimated, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information per response. 
The estimates are as follows:
     Inclusion of a vessel photograph in the permit 
application: 30 minutes.
     Request for a fishery to be authorized on the high seas: 
110 hours.
     EMTU purchase and installation: 4 hour for purchase, 
installation, and activation of the EMTU and submittal of the 
installation and activation report.
     Position reports: Automatically sent by the EMTU.
     Notices of EMTU power-down and power-up: 10 minutes each.
     Prior notice for high seas transshipments: 15 minutes.
     Transshipment reporting: 1 hour.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to Mark 
Wildman, Office for International Affairs and Seafood Inspection at the 
ADDRESSES above, 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, Confidential business 
information, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics.

50 CFR Part 600

    Administrative practice and procedure, Confidential business 
information, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics.

50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

50 CFR Part 665

    Accountability measures, Annual catch limits, Fisheries, Fishing, 
Western and central Pacific.

    Dated: April 8, 2015.
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, 600, 660 
and 665 are proposed to be amended as follows:

[[Page 19624]]

PART 300--INTERNATIONAL FISHERIES REGULATIONS

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

    Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 
U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.

Subpart B--[Removed and Reserved]

0
2. Remove and reserve subpart B, consisting of Sec.  300.10 through 
300.17.
0
3. Add subpart Q to read as follows:
Subpart Q--High Seas Fisheries
Sec.
300.330 Purpose.
300.331 Definitions.
300.332 Issuing offices.
300.333 Vessel permits.
300.334 Fisheries authorized on the high seas.
300.335 Bottom fishing.
300.336 Vessel identification.
300.337 Requirements for Enhanced Mobile Transceiver Units (EMTUs).
300.338 Observers.
300.339 Transshipment on the high seas.
300.340 Prohibitions.
300.341 Reporting.

Subpart Q--High Seas Fisheries

    Authority:  16 U.S.C. 5501 et seq.


Sec.  300.330  Purpose.

    This subpart implements the High Seas Fishing Compliance Act of 
1995 (Act), which requires the Secretary to license U.S. vessels 
fishing on the high seas and to ensure that such vessels do not operate 
in contravention of international conservation and management measures 
recognized by the United States.


Sec.  300.331  Definitions.

    In addition to the terms defined in section 300.2 and those in the 
Act and 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 (Agreement), 
the terms used in this subpart have the following meanings. If a term 
is defined differently in section 300.2, the Act, or the Agreement, the 
definition in this section shall apply.
    Bottom fishing means fishing using gear that is likely to contact 
the seafloor during the normal course of fishing operations.
    Enhanced mobile transceiver unit (EMTU) is defined in Sec.  
600.1500 of this chapter.
    High seas means the waters beyond the territorial sea or exclusive 
economic zone (or the equivalent) of any Nation, to the extent that 
such territorial sea or exclusive economic zone (or the equivalent) is 
recognized by the United States.
    High seas fishing permit means a permit issued under this subpart.
    High seas fishing vessel means any vessel of the United States used 
or intended for use on the high seas for the purpose of the commercial 
exploitation of living marine resources and as a harvesting vessel, 
mothership, or any other support vessel directly engaged in a fishing 
operation. Support vessels include vessels that process or transship 
fish on the high seas; provide supplies, personnel or fuel on the high 
seas to other fishing vessels; or conduct other activities in support 
of, or in preparation for fishing.
    International conservation and management measures means measures 
to conserve or manage one or more species of living marine resources 
that are adopted and applied in accordance with the relevant rules of 
international law, as reflected in the 1982 United Nations Convention 
on the Law of the Sea, and that are recognized by the United States. 
Such measures may be adopted by global, regional, or sub-regional 
fisheries organizations, subject to the rights and obligations of their 
members, or by treaties or other international agreements.
    Observer means any person serving in the capacity of an observer 
employed by NMFS, either directly or under contract with a third party, 
or certified as an observer by NMFS.
    Office Director means the director of the NMFS Office for 
International Affairs and Seafood Inspection.
    Regional Administrator means any one of the Directors of a NMFS 
regional office, defined under Sec.  300.2.
    Transship or transshipment means offloading or receiving or 
otherwise transferring fish or fish products from one fishing vessel to 
another. Excluded from this definition is net sharing, which means the 
transfer of fish that have not yet been loaded on board any fishing 
vessel from the purse seine net of one vessel to another fishing 
vessel. Fish shall be considered to be on board a fishing vessel once 
they are on a deck or in a hold, or once they are first lifted out of 
the water by the vessel.
    Vessel monitoring system (VMS) is defined in Sec.  600.1500 of this 
title.


Sec.  300.332  Issuing offices.

    Any Regional Administrator or the Office Director may issue permits 
required under this subpart. While applicants for permits may submit an 
application to any Regional Administrator or the Office Director, 
applicants are encouraged to submit their applications (with envelopes 
marked ``Attn: HSFCA Permits'') to the Regional Administrator or the 
Office Director with whom they normally interact on fisheries matters.


Sec.  300.333  Vessel permits.

    (a) Eligibility. (1) Any vessel owner or operator of a high seas 
fishing vessel is eligible to receive a permit for a fishery authorized 
on the high seas under this subpart, unless the vessel was previously 
authorized to be used for fishing on the high seas by a foreign nation, 
and--
    (i) The foreign nation suspended such authorization, because the 
vessel undermined the effectiveness of international conservation and 
management measures, and the suspension has not expired; or
    (ii) The foreign nation, within the 3 years preceding application 
for a permit under this section, withdrew such authorization, because 
the vessel undermined the effectiveness of international conservation 
and management measures.
    (2) The restrictions in paragraphs (a)(1)(i) and (ii) of this 
section do not apply if ownership of the vessel has changed since the 
vessel undermined the effectiveness of international conservation and 
management measures, and the new owner has provided sufficient evidence 
to the Regional Administrator or Office Director demonstrating that the 
owner and operator at the time the vessel undermined the effectiveness 
of such measures have no further legal, beneficial, or financial 
interest in, or control of, the vessel.
    (3) The restrictions in paragraphs (a)(1)(i) and (ii) of this 
section do not apply if it is determined by the Regional Administrator 
or Office Director that issuing a permit would not subvert the purposes 
of the Agreement.
    (b) Applicability. Any high seas fishing vessel used for fishing, 
as defined under Sec.  300.2, on the high seas must have on board a 
valid permit issued under this subpart.
    (c) Application. Permit application forms are available from the 
NMFS Web site or from any Regional Administrator or the Office 
Director. Failure to submit a complete and accurate application, along 
with all other required documentation and the specified fee will 
preclude issuance of a permit. To apply for a permit under this 
subpart, the owner or operator of a high seas fishing vessel must 
submit the following to a Regional Administrator or Office Director:

[[Page 19625]]

    (1) A complete, accurate application form signed by the vessel 
owner or operator.
    (2) Information required under this section and Sec.  300.334(a).
    (3) A color photograph showing an entire bow-to-stern side-view of 
the vessel in its current form and appearance. The photograph must 
clearly and legibly display the vessel name and identification 
markings. If the vessel's form or appearance materially changes (such 
as the vessel is painted another color, the vessel's identification 
markings change, or the vessel undergoes a structural modification) the 
vessel owner and operator must submit a new photograph of the vessel 
within 15 days of the change.
    (4) For vessels with state registration instead of U.S. Coast Guard 
documentation, the applicant must supply additional vessel information 
that NMFS may request.
    (5) The fee specified in the application form. Payment by a 
commercial instrument later determined to be insufficiently funded will 
invalidate any permit. NMFS charges this fee to recover the 
administrative expenses of permit issuance, and the amount of the fee 
is determined in accordance with the procedures of the NOAA Finance 
Handbook.
    (d) Permit issuance and validity. (1) Except as provided for in 
subpart D of 15 CFR part 904, and subject to paragraphs (a), (c), and 
(d)(2) and (3), the Regional Administrator or Office Director will 
issue a permit, which will include applicable conditions or 
restrictions, within 15 days of receipt of a completed application and 
payment of the appropriate fee.
    (2) The Regional Administrator or Office Director will not issue a 
permit unless an EMTU has been installed and activated on the vessel in 
accordance with Sec.  300.337(c)(2).
    (3) The Regional Administrator or Office Director will not issue a 
permit unless the applicant holds a valid permit for the subject vessel 
for U.S. domestic fisheries related to the authorized high seas 
fishery.
    (4) Except as otherwise provided, permits issued under this subpart 
are valid for 5 years from the date of issuance. For a permit to remain 
valid to its expiration date, the vessel's U.S. Coast Guard 
documentation or state registration must be kept current. A permit 
issued under this subpart is void when the vessel owner or the name of 
the vessel changes, or in the event the vessel is no longer eligible 
for U.S. documentation, such documentation is revoked or denied, or the 
vessel is removed from such documentation.
    (5) A permit issued under this subpart is not transferable or 
assignable to another vessel or owner; it is valid only for the vessel 
and owner to which it is issued.
    (e) Display. A valid permit, or a copy thereof, issued under this 
subpart must be on board any high seas fishing vessel while operating 
on the high seas and available for inspection by an authorized officer.
    (f) Change in application information. Any changes in vessel 
documentation status or other permit application information must be 
reported in writing to the Regional Administrator or Office Director 
who issued the permit within 15 days of such changes.
    (g) Renewal. Application for renewal of a permit prior to its 
expiration is the responsibility of the permit holder and may be 
completed per Sec.  300.333(c). The Regional Administrator or Office 
Director will not consider a permit renewal application to be complete 
until the permit holder satisfies all required fishing activity report 
requirements under the permit and Sec.  300.342. The Regional 
Administrator or Office Director will not issue a renewed permit unless 
an EMTU has been activated on the vessel in accordance with Sec.  
300.337(c)(2) and the applicant holds a valid permit for the subject 
vessel for U.S. domestic fisheries related to the authorized high seas 
fishery.
    (h) Marine mammals and ESA-listed species. Permits issued under 
this section do not authorize vessels or persons subject to the 
jurisdiction of the United States to take marine mammals or ESA-listed 
species. No marine mammals or ESA-listed species may be taken in the 
course of fishing operations unless the taking is allowed under the 
Marine Mammal Protection Act or the Endangered Species Act (ESA), 
pursuant to regulations, an authorization, or permit granted by NMFS or 
the U.S. Fish and Wildlife Service.
    (i) Permit status changes. NMFS may modify, suspend, or revoke a 
permit issued under this subpart if permitted activities may impact 
living marine resources in ways that were not foreseen or anticipated 
at the time of permit issuance; are in contravention of an 
international conservation and management measure; or violate any 
applicable law. NMFS will notify an affected permit holder of any 
change in permit status by contacting the permit holder at the address 
of record provided on the permit application or as updated pursuant to 
paragraph (f) of this subsection.


Sec.  300.334  Fisheries authorized on the high seas.

    (a) When applying for a permit under Sec.  300.333, the owner or 
operator of a high seas fishing vessel must identify in the application 
the authorized fisheries in which he or she intends to fish. More than 
one authorized fishery may be selected. The following fisheries are 
authorized on the high seas:

(1) 50 CFR part 300, Subpart C--Eastern Pacific Tuna Fisheries
(2) 50 CFR part 300, Subpart D--South Pacific Tuna Fisheries
(3) 50 CFR part 300, Subpart G--Antarctic Marine Living Resources
(4) 50 CFR part 635--Atlantic Highly Migratory Species Fisheries
(5) 50 CFR part 660, Subpart K--U.S. West Coast Fisheries for Highly 
Migratory Species
(6) 50 CFR part 665, Subpart F--Western Pacific Pelagic Fisheries
(7) South Pacific Albacore Troll Fishery
(8) Northwest Atlantic Fishery

    (b) For each of the authorized fisheries specified on the high seas 
fishing permit, the owner or operator of the high seas fishing vessel 
must:
    (1) Abide by the regulations, set forth in other parts of this 
chapter and Chapter VI, governing those authorized fisheries while 
operating on the high seas;
    (2) Obtain and renew any appropriate permits or authorizations; and
    (3) Notify the Regional Administrator or Office Director who issued 
the permit immediately in the event that a species listed as threatened 
or endangered under the ESA is taken incidental to the fishing 
activities without authorization under a relevant incidental take 
statement.
    (c) Change in authorized fisheries. If a high seas fishing permit 
holder elects to change the authorized fisheries specified on the 
permit, he or she shall notify the Regional Administrator or Office 
Director who issued the permit of the change(s) and shall obtain the 
underlying permits for the authorized fisheries prior to engaging in 
the fishery on the high seas. Per the process under Sec.  300.333(d), 
the Regional Administrator or Office Director will then issue a revised 
high seas fishing permit which will expire 5 years from the original 
effective date.
    (d) Revision of authorized fisheries list. Through rulemaking, NMFS 
will add a fishery to, or delete a fishery from, the list in paragraph 
(a) of this section. NMFS may add or delete fisheries from the list 
after completing any analyses required under the Endangered Species 
Act, Marine Mammal Protection Act, National Environmental Policy Act, 
and

[[Page 19626]]

other applicable laws. In taking such action, NMFS, in consultation 
with the relevant Regional Fishery Management Council(s) where 
appropriate, will consider, among other things, whether:
    (1) The proposed fishing activities would detrimentally affect the 
well-being of the stock of any regulated species of fish, marine 
mammal, or species listed as threatened or endangered under the 
Endangered Species Act;
    (2) The proposed fishing activities would be inconsistent with 
relevant fishery management plans and their implementing regulations or 
other applicable law;
    (3) Insufficient mechanisms exist to effectively monitor the 
activities of vessels engaged in the proposed fishing activities; or
    (4) The proposed fishing activities would contravene international 
conservation and management measures recognized by the United States.
    (e) Request for revision of authorized fisheries list. A person may 
submit a written request to the Office Director to add a fishery to or 
delete a fishery from the list. A request to delete a fishery from the 
list of authorized fisheries must include the name of the fishery; 
information that addresses considerations under paragraph (d) of this 
section; and, if requested by NMFS, any additional information 
necessary for NMFS to conduct analyses required under applicable laws. 
A request to add a fishery to the list of authorized fisheries must 
include the following information:
    (1) The species (target and incidental) expected to be harvested 
and the anticipated amounts of such harvest and bycatch;
    (2) The approximate times and places when fishing is expected to 
take place, the number and type of vessels expected to participate, and 
the type, size, and amount of gear expected to be used;
    (3) A description of the specific area that may be affected by the 
fishing activities;
    (4) A description of any anticipated impacts on the environment, 
including impacts on fisheries, marine mammals, and species listed as 
threatened or endangered under the ESA or their critical habitat;
    (5) Other information that addresses considerations under paragraph 
(d); and
    (6) If requested by NMFS, any additional information necessary for 
NMFS to conduct analyses required under applicable laws.
    (7) Once all required information is received to proceed with 
consideration of a request, NMFS will publish in the Federal Register a 
proposed rule, noting receipt of the request to add an authorized 
fishery, and inviting information and comments. Relevant information 
received during the comment period may be considered by NMFS and, where 
appropriate, the relevant Regional Fishery Management Council(s) to 
analyze potential environmental impacts of the fisheries and develop 
any conditions or restrictions. Based on its analysis, considerations 
under paragraph (d) of this section, and other relevant considerations, 
NMFS would publish its decision on the request in the Federal Register.
    (f) Deletion of a fishery from the authorized fisheries list. NMFS 
will delete (i.e., deauthorize) a fishery under paragraph (d) or (e) of 
this section through publication of a final rule. NMFS will also 
provide notice to affected permit holders by email at the address 
provided to NMFS in the high seas permit application and by Registered 
Mail. When a fishery is deleted from the list, any activities on the 
high seas related to that fishery are prohibited as of the effective 
date of the final rule. In addition, the high seas permit will be 
voided unless the permit holder notifies NMFS that he or she elects to 
change to another authorized high seas fishery or continue in any other 
authorized fisheries noted on the permit. Once the applicant so 
notifies NMFS and, if necessary, secures any underlying permits 
necessary for participation in another authorized high seas fishery, 
the Regional Administrator or Office Director will then issue a revised 
high seas fishing permit per the process under Sec.  300.333(d). The 
revised permit will expire 5 years from the original effective date.


Sec.  300.335  Bottom fishing.

    (a) Bottom fishing may be permitted on the high seas when 
authorized by international conservation and management measures 
recognized by the United States. For bottom fishing activity not 
subject to international conservation measures recognized by the United 
States, a person who seeks to engage in such fishing must request 
authorization of a new high seas fishery as described in Sec.  
300.334(e), then if the fishery is authorized, must obtain all 
applicable permits including a high seas fishing permit issued under 
Sec.  300.333. NMFS may specify conditions in the permit to mitigate 
adverse impacts on VMEs, which may include the types of conditions that 
have been adopted in relevant RFMO measures recognized by the United 
States.
    (b) Permit. To be permitted under this section, the owner or 
operator of a high seas fishing vessel must follow the procedures under 
Sec.  300.334(e), or if he or she seeks to change an existing permit, 
must follow the procedures under Sec.  300.334(c).


Sec.  300.336  Vessel identification.

    (a) General. A vessel permitted under this subpart must be marked 
for identification purposes in accordance with this section.
    (b) Marking. Vessels must be marked either:
    (1) In accordance with vessel identification requirements specified 
in Federal fishery regulations issued under the Magnuson-Stevens Act or 
under other Federal fishery management statutes; or
    (2) In accordance with the following identification requirements:
    (i) A vessel must be marked with its international radio call sign 
(IRCS), or, if not assigned an IRCS, must be marked (in order of 
priority) with its Federal, state, or other documentation number 
appearing on its high seas fishing permit and, if a WCPFC Area 
Endorsement has been issued for the vessel under Sec.  300.212, that 
documentation number must be preceded by the characters ``USA'' and a 
hyphen (that is, ``USA-'');
    (ii) The markings must be displayed at all times on the vessel's 
side or superstructure, port and starboard, as well as on a deck;
    (iii) The markings must be placed so that they do not extend below 
the waterline, are not obscured by fishing gear, whether stowed or in 
use, and are clear of flow from scuppers or overboard discharges that 
might damage or discolor the markings;
    (iv) Block lettering and numbering must be used;
    (v) The height of the letters and numbers must be in proportion to 
the size of the vessel as follows: For vessels 25 meters (m) and over 
in length overall, the height of letters and numbers must be no less 
than 1.0 m; for vessels 20 m but less than 25 m in length overall, the 
height of letters and numbers must be no less than 0.8 m; for vessels 
15 m but less than 20 m in length overall, the height of letters and 
numbers must be no less than 0.6 m; for vessels 12 m but less than 15 m 
in length overall, the height of letters and numbers must be no less 
than 0.4 m; for vessels 5 m but less than 12 m in length overall, the 
height of letters and numbers must be no less than 0.3 m; and for 
vessels under 5 m in length overall, the height of letters and numbers 
must be no less than 0.1 m;
    (vi) The height of the letters and numbers to be placed on decks 
must be no less than 0.3 m;

[[Page 19627]]

    (vii) The length of the hyphen(s), if any, must be half the height 
(h) of the letters and numbers;
    (viii) The width of the stroke for all letters, numbers, and 
hyphens must be h/6;
    (ix) The space between letters and/or numbers must not exceed h/4 
nor be less than h/6;
    (x) The space between adjacent letters having sloping sides must 
not exceed h/8 nor be less than h/10;
    (xi) The marks must be white on a black background, or black on a 
white background;
    (xii) The background must extend to provide a border around the 
mark of no less than h/6; and
    (xiii) The marks and the background must be maintained in good 
condition at all times.


Sec.  300.337  Requirements for Enhanced Mobile Transceiver Units 
(EMTUs).

    (a) Vessel position information. The owner or operator of a vessel 
issued a permit under this subpart, or for which such permit is 
required, must have installed on board the vessel a NMFS type-approved 
enhanced mobile transceiver unit (EMTU). The operator or owner of the 
vessel must ensure that the EMTU is operational and properly reporting 
positions to NMFS as required by this section, except when exempt under 
paragraph (d)(1) or (d)(2) of this section. If the vessel is also 
subject to EMTU requirements in other parts of this title, the more 
restrictive requirements apply.
    (b) Contact information and business hours. With respect to the 
requirements in this section, vessel owners and operators should 
consult with the divisional office of the NOAA Office of Law 
Enforcement (OLE) in, or nearest, the Region issuing the permit under 
this subpart. The OLE VMS Helpdesk in OLE headquarters office may also 
be contacted.
    (c) EMTU installation and activation--(1) EMTU installation. The 
vessel owner or operator shall obtain and have installed on the fishing 
vessel, by a qualified marine electrician and in accordance with any 
instructions provided by the VMS Helpdesk or OLE divisional office, a 
NMFS type-approved EMTU. The vessel owner and operator shall authorize 
NMFS to receive and relay transmissions from the EMTU. The vessel owner 
and operator shall arrange for a type-approved mobile communications 
service to receive and transmit position reports and email 
communications from the EMTU to NMFS. NMFS makes available lists of 
type-approved EMTUs and mobile communications service providers. Vessel 
owners must ensure that the EMTU and communications service hardware 
purchased is type-approved for all fisheries and regions in which their 
vessel will be operating.
    (2) EMTU activation. When an EMTU is installed or reinstalled or 
the mobile communications service provider changes, or if directed by 
NMFS, the vessel owner and operator shall prior to leaving port:
    (i) Turn on the EMTU to make it operational;
    (ii) Submit a VMS Installation and Activation Certification form, 
or an activation report as directed by OLE, to the OLE divisional 
office within or nearest to the region issuing the permit under this 
subpart; and
    (iii) Receive verbal or written confirmation from NMFS that 
transmissions are being received properly from the EMTU.
    (d) EMTU operation. Unless otherwise provided below, and subject to 
more restrictive requirements where applicable, the vessel owner or 
operator shall continuously operate the EMTU so that it provides to 
NMFS position information automatically transmitted, every hour or as 
directed by OLE.
    (1) In-port exemption: The EMTU may be powered down when the vessel 
will remain at a dock or permanent mooring for more than 72 consecutive 
hours and after the notice required in paragraph (d)(3) of this section 
is submitted. When powering up the EMTU after the in-port exemption, 
the vessel owner or operator must submit the report required in 
paragraph (d)(4) of this section at least 2 hours before leaving port 
or mooring.
    (2) Long-term exemption: The EMTU may be powered down if the vessel 
will not operate on the high seas or in any fishery that requires EMTU 
operation for more than 30 consecutive days and after the notice 
required in paragraph (d)(3) of this section is submitted. When 
powering up the EMTU from the long-term exemption, the vessel owner or 
operator must submit the report required in paragraph (d)(4) of this 
section.
    (3) Prior to each power-down of the EMTU, under paragraph (d)(1) or 
(2) of this section, the vessel owner or operator must report to the 
OLE divisional office during business hours, via email or other means 
as directed by OLE: The vessel's name; the vessel's official number; 
the intent to power down the EMTU; the reason for power-down; the port 
where the vessel is docked or area where it will be operating; and the 
full name, telephone, and email contact information for the vessel 
owner or operator.
    (4) When powering up the EMTU, the vessel owner or operator must 
report to the OLE divisional office during business hours, via email or 
other means as directed by OLE: The fact that the EMTU has been powered 
up; the vessel's name; the vessel's official number; port name; 
intended fishery; and full name, telephone, and email contact 
information for the vessel owner or operator.
    (5) If the EMTU is powered up after a long-term or in-port 
exemption, the vessel owner must receive email confirmation from the 
OLE divisional office that EMTU transmissions are being received 
properly before leaving port, entering the high seas, or entering a 
fishery that requires EMTU operation.
    (e) Failure of EMTU. If the vessel owner or operator becomes aware 
that the EMTU has become inoperable or that transmission of automatic 
position reports from the EMTU has been interrupted, or if notified by 
NMFS or the U.S. Coast Guard that automatic position reports are not 
being received from the EMTU or that an inspection of the EMTU has 
revealed a problem with the performance of the EMTU, the vessel owner 
or operator shall comply with the following requirements:
    (1) If the vessel is at port, the vessel owner or operator shall 
repair or replace the EMTU and comply with the requirements in 
paragraph (c)(2) of this section before the vessel leaves port.
    (2) If the vessel is at sea, the vessel owner, operator, or 
designee shall contact the OLE divisional office by telephone or email 
at the earliest opportunity during business hours and identify the 
caller, vessel name, vessel location, and the type of fishing 
permit(s). The vessel operator shall follow the instructions provided 
by the OLE divisional office, which could include: Ceasing fishing, 
stowing fishing gear, returning to port, or submitting periodic 
position reports at specified intervals by other means. The vessel 
owner or operator must repair or replace the EMTU and comply with the 
requirements in paragraph (c)(2) of this section within 30 days or 
before the vessel leaves port, whichever is sooner.
    (f) Related VMS requirements. Unless specified otherwise in the 
high seas fishing permit, a vessel owner's and operator's compliance 
with requirements in part 300, 635, 660, or 665 of this title relating 
to the installation, carrying, and operation of EMTUs will satisfy the 
requirements of this section, if the requirements are the same or more 
restrictive than those in this section and provided that:
    (1) On the high seas, the EMTU is operated continuously and 
position

[[Page 19628]]

information is automatically transmitted every hour;
    (2) The EMTU is type-approved by NMFS;
    (3) The vessel owner or operator has authorized NMFS to receive and 
relay transmissions from the EMTU; and
    (4) The requirements of paragraph (d) of this section are complied 
with. If the EMTU is owned by NMFS, the requirement under paragraph (e) 
of this section to repair or replace the EMTU will be the 
responsibility of NMFS, but the vessel owner and operator shall be 
responsible for ensuring that the EMTU complies with the requirements 
specified in paragraph (c)(2) of this section before the vessel leaves 
port.
    (g) Costs. The vessel owner and operator shall be responsible for 
all costs associated with the purchase, installation, operation, and 
maintenance of the EMTU and for all charges levied by vendors as 
necessary to ensure the transmission of automatic position reports to 
NMFS as required in paragraph (c) of this section. However, if the EMTU 
is being carried and operated in compliance with the requirements in 
part 300, 635, 660, or 665 of this title relating to the installation, 
carrying, and operation of EMTUs, the vessel owner and operator shall 
not be responsible for any costs that are the responsibility of NMFS 
under those regulations.
    (h) Tampering. The vessel owner and operator shall ensure that the 
EMTU is not tampered with, disabled, destroyed, damaged or operated 
improperly, and that its operation is not impeded or interfered with.
    (i) Inspection. The vessel owner and operator shall make the EMTU, 
including its antenna, connectors and antenna cable, available for 
inspection by authorized officers or by officers conducting boarding 
and inspection under a scheme adopted by an RFMO of which the United 
States is a member.
    (j) Access to data. As required under fishery-specific regulations 
in other parts of this title, the vessel owner and operator shall make 
the vessel's position data, obtained from the EMTU or other means, 
available to authorized officers and to any inspector conducting a high 
seas boarding and inspection pursuant to a scheme adopted by an RFMO of 
which the United States is a member.
    (k) Communication devices. (1) In cases of EMTU failure as 
specified under paragraph (e) of this section, and to facilitate 
communication with management and enforcement authorities regarding the 
functioning of the EMTU and other purposes, the vessel operator shall, 
while the vessel is at sea, carry on board and continuously monitor a 
two-way communication device, in addition to the EMTU, that is capable 
of real-time communication with the OLE divisional office.


Sec.  300.338  Observers.

    (a) Where observer coverage is not otherwise required by other 
regulations or relevant RFMO conservation and management measures, NMFS 
may select for at-sea observer coverage any vessel that has been issued 
a high seas fishing permit. A vessel so selected by NMFS must carry an 
observer when directed to do so.
    (b) NMFS will contact a vessel owner, in writing, when his or her 
vessel is selected for observer coverage under this section.
    (c) A vessel shall not fish on the high seas without taking an 
observer if NMFS contacted the vessel owner under paragraph (b) of this 
section, or if so required as a condition of a permit issued under this 
subpart or pursuant to other legal authorities, unless the requirement 
to carry an observer has been waived under paragraph (d) of this 
section.
    (d) The vessel owner that NMFS contacts under paragraph (b) of this 
section must notify NMFS of his or her next fishing trip that may take 
place on the high seas before commencing the fishing trip. NMFS will 
specify the notification procedures and information requirements, such 
as expected gear deployment, trip duration and fishing area, in its 
selection letter. Once notified of a trip by the vessel owner, NMFS 
will assign an observer for that trip or notify the vessel owner that 
coverage pursuant to this subpart is not required, given the existing 
requirement for observer coverage under other legal authorities.
    (e) The owner, operator, and crew of a vessel on which a NMFS-
approved observer is assigned must comply with safety regulations at 
Sec. Sec.  600.725 and 600.746 of this title and--
    (1) Facilitate the safe embarkation and debarkation of the 
observer.
    (2) Provide the observer with accommodations, food, and amenities 
that are equivalent of those provided to vessel officers.
    (3) Allow the observer access to all areas of the vessel necessary 
to conduct observer duties.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any 
other space used to hold, process, weigh, or store fish.
    (5) Allow the observer access to EMTUs, communications equipment, 
and navigation equipment to verify operation, obtain data, and use the 
communication capabilities of the units for official purposes.
    (6) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
disposition of fish for that trip.
    (7) Provide accurate vessel locations by latitude and longitude 
upon request by the observer.
    (8) Provide access to sea turtle, marine mammal, sea bird, or other 
specimens as requested by the observer.
    (9) Notify the observer in a timely fashion when commercial fishing 
activity is to begin and end.
    (f) The permit holder, vessel operator, and crew must cooperate 
with the observer in the performance of the observer's duties.
    (g) The permit holder, vessel operator, and crew must comply with 
other terms and conditions to ensure the effective deployment and use 
of observers that the Regional Administrator or Office Director imposes 
by written notice.


Sec.  300.339  Transshipment on the high seas.

    (a) In addition to any other applicable restrictions on 
transshipment, including those under parts 300 and 635 of this title, 
the following requirements apply to transshipments taking place on the 
high seas:
    (1) The owner or operator of a U.S. vessel receiving or offloading 
fish on the high seas shall provide a notice by fax or email to the 
Regional Administrator or the Office Director at least 36 hours prior 
to any intended transshipment on the high seas with the following 
information: The vessels offloading and receiving the transshipment 
(names, official numbers, and vessel types); the location (latitude and 
longitude to the nearest tenth of a degree) of transshipment; date and 
time that transshipment is expected to occur; and species, processed 
state, and quantities (in metric tons) expected to be transshipped. If 
another requirement for prior notice applies, the more restrictive 
requirement (i.e. a requirement for greater advance notice and/or more 
specific information regarding vessels, location etc.) must be 
followed.
    (2) U.S. high seas fishing vessels shall report transshipments on 
the high seas to the Regional Administrator or Office Director within 
15 calendar days after the vessel first enters into port, using the 
form obtained from the Regional Administrator or Office Director. If 
there are applicable transshipment reporting requirements in other 
parts of this title, the more restrictive requirement (e.g., a 
reporting requirement of fewer than 15 calendar days) must be followed.
    (b) [Reserved]

[[Page 19629]]

Sec.  300.340  Prohibitions.

    In addition to the prohibitions in Sec.  300.4, it is unlawful for 
any person to:
    (a) Use a high seas fishing vessel on the high seas in 
contravention of international conservation and management measures.
    (b) Fish on the high seas unless the vessel has been issued, and 
has on board, a valid permit issued under Sec.  300.333(d).
    (c) Fish on the high seas unless the vessel has been issued, and 
has on board, valid permits related to the authorized fisheries noted 
on the high seas fishing permit, as required under Sec.  300.334(b).
    (d) Operate a high seas fishing vessel on the high seas that is not 
marked in accordance with Sec.  300.336.
    (e) With respect to the EMTU,
    (1) Fail to install, activate, or continuously operate a properly 
functioning and type-approved EMTU as required in Sec.  300.337;
    (2) Power-down or power-up the EMTU without following the 
procedures required in Sec.  300.337;
    (3) In the event of EMTU failure or interruption, fail to repair or 
replace an EMTU, fail to notify the appropriate OLE divisional office 
and follow the instructions provided, or otherwise fail to act as 
required in Sec.  300.337;
    (4) Disable, destroy, damage or operate improperly an EMTU 
installed under Sec.  300.337, attempt to do any of the same, or fail 
to ensure that its operation is not impeded or interfered with, as 
provided in Sec.  300.337;
    (5) Fail to make an EMTU installed under Sec.  300.337 or the 
position data obtained from it available for inspection, as provided in 
Sec.  300.337; or
    (6) Fail to carry on board and monitor communication devices as 
required in Sec.  300.337(l);
    (f) With respect to observers,
    (1) Fail to provide to an observer, a NMFS employee, or a 
designated observer provider, information that has been requested 
pursuant to Sec.  300.338 or Sec.  600.746 of this title, or fail to 
allow an observer, a NMFS employee, or a designated observer provider 
to inspect any item described at Sec.  300.338 or Sec.  600.746 of this 
title;
    (2) Fish without an observer when the vessel is required to carry 
an observer pursuant to Sec.  300.338(c);
    (3) Assault, oppose, impede, intimidate, or interfere with an 
observer;
    (4) Prohibit or bar by command, impediment, threat, coercion, 
interference, or refusal of reasonable assistance, an observer from 
conducting his or her duties as an observer; or
    (5) Tamper with or destroy samples or equipment.
    (g) Fail to submit a prior notice or a report of a transshipment as 
provided in Sec.  300.339(b) of this title.
    (h) Fail to comply with reporting requirements as provided in Sec.  
300.341.


Sec.  300.341  Reporting.

    (a) General. The operator of any vessel permitted under this 
subpart must accurately maintain on board the vessel a complete record 
of fishing activities, such as catch, effort, and other data and report 
high seas catch and effort information to NMFS in a manner consistent 
with the reporting requirements of the authorized fishery(ies) noted on 
the high seas permit. Reports must include: Identification information 
for vessel and operator; operator signature; crew size; whether an 
observer is aboard; target species; gear used; dates, times, locations, 
and conditions under which fishing was conducted; species and amounts 
of fish retained and discarded; and details of any interactions with 
sea turtles, marine mammals, or birds.
    (1) The vessel owner and operator are responsible for obtaining and 
completing the reporting forms from the Regional Administrator or 
Office Director who issued the permit holder's high seas fishing 
permit. The completed forms must be submitted to the same Regional 
Administrator or Office Director or, if directed by NMFS, to a Science 
Center.
    (2) Reports must be submitted within the deadline provided for in 
the authorized fishery or within 15 days following the end of a fishing 
trip, whichever is sooner. Contact information for the Regional 
Administrators and Science Center Directors can be found on the NMFS 
Web site.
    (b) [Reserved].

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
4. The authority citation for part 600 continues to read as follows:

    Authority:  5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

0
5. In Sec.  600.705, add paragraph (g) to read as follows:


Sec.  600.705  Relation to other laws.

* * * * *
    (g) High seas fishing activities. Regulations governing permits and 
requirements for fishing activities on the high seas are set forth in 
50 CFR part 300, subparts A and Q. Any vessel operating on the high 
seas must obtain a permit issued pursuant to the High Seas Fishing 
Compliance Act.
0
5. In Sec.  600.745, revise the first two sentences in paragraph (a) to 
read as follows:


Sec.  600.745  Scientific research activity, exempted fishing, and 
exempted educational activity.

    (a) Scientific research activity. Nothing in this part is intended 
to inhibit or prevent any scientific research activity conducted by a 
scientific research vessel. Persons planning to conduct scientific 
research activities on board a scientific research vessel in the EEZ or 
on the high seas are encouraged to submit to the appropriate Regional 
Administrator or Director, 60 days or as soon as practicable prior to 
its start, a scientific research plan for each scientific activity. * * 
*
* * * * *

PART 660--FISHERIES OFF WEST COAST STATES

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

    Authority:  16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 
16 U.S.C. 7001 et seq.

0
7. In Sec.  660.2, add paragraph (c) to read as follows:


Sec.  660.2  Relation to other laws.

* * * * *
    (c) Fishing activities on the high seas are governed by regulations 
of the High Seas Fishing Compliance Act set forth in 50 CFR part 300, 
subparts A and Q.


Sec.  660.708  [Amended]

0
8. In Sec.  660.708, remove paragraph (a)(1)(iii) and redesignate 
paragraph (a)(1)(iv) as paragraph (a)(1)(iii).

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
9. The authority citation for part 665 continues to read as follows:

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

0
10. In Sec.  665.1, revise paragraph (b) to read as follows:


Sec.  665.1  Purpose and scope.

* * * * *
    (b) General regulations governing fishing by all vessels of the 
United States and by fishing vessels other than vessels of the United 
States are contained in 50 CFR parts 300 and 600.
* * * * *
[FR Doc. 2015-08425 Filed 4-10-15; 8:45 am]
 BILLING CODE 3510-22-P