International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort and Catch Limits and Other Restrictions and Requirements, 43694-43704 [2015-18050]
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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules
TABLE B–2—IIHS INITIAL ROUND OF TESTING—INJURY MEASURES OF DUMMIES IN FRONT SEATING POSITIONS OF THE
MALIBU
Test
Head resultant
acceleration
(g)
Head injury
criterion (15
ms)
Injury Assessment Reference Values ......
Full-width ...
Hyundai .....
Wabash .....
NCAP (rigid
wall).
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015–17973 Filed 7–22–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 150122068–5068–01]
RIN 0648–BE84
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Fishing Effort and
Catch Limits and Other Restrictions
and Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; proposed
specifications.
AGENCY:
NMFS proposes and seeks
comments on a proposed rule and
proposed specifications to be issued
under authority of the Western and
Central Pacific Fisheries Convention
Implementation Act (WCPFC
Implementation Act). The proposed rule
would establish a framework under
which NMFS would specify limits on
fishing effort and catches, as well as
spatial and temporal restrictions on
particular fishing activities and other
requirements, in U.S. fisheries for
highly migratory fish species in the
western and central Pacific Ocean
(WCPO). NMFS would issue the
specifications as needed to implement
conservation and management measures
adopted by the Commission for the
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Left femur
force (kN)
Right femur
force (kN)
60 g
63 mm
10(kN)
10(kN)
754
557
328
319
330
389
128
107
54
50
49
55
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.95.
VerDate Sep<11>2014
Chest
displacement
(mm)
700
Driver ........
Passenger
Driver ........
Passenger
Driver ........
Passenger
SUMMARY:
Chest
resultant
acceleration (3
ms clip, g)
21
14
36
36
43
42
19
20
38
37
40
32
0.3
0.1
2.2
2.3
2.0
0.5
0.3
0.1
1.2
1.8
1.2
0.8
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Commission or WCPFC). The proposed
rule also would require that certain U.S.
fishing vessels operating in the WCPO
obtain ‘‘IMO numbers.’’ The proposed
rule also includes changes to regulations
regarding tuna catch retention
requirements for purse seine vessels,
requirements to install and carry vessel
monitoring system (VMS) units, daily
reporting requirements, and other
changes that are administrative in
nature.
Using the proposed regulatory
framework described above, NMFS
proposes restrictions on the use of fish
aggregating devices by purse seine
vessels in 2015.
These actions are necessary to satisfy
the obligations of the United States
under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, to
which it is a Contracting Party.
DATES: Comments on the proposed rule
or proposed specifications must be
submitted in writing by August 7, 2015.
ADDRESSES: You may submit comments
on the proposed rule, proposed
specifications, and the regulatory
impact review (RIR) prepared for the
proposed rule and proposed
specifications, identified by NOAA–
NMFS–2015–0072, by either of the
following methods:
• Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150072,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
—OR—
• Mail: Submit written comments to
Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands
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Regional Office (PIRO), 1845 Wasp
Blvd., Building 176, Honolulu, HI
96818.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, might not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name and address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
An initial regulatory flexibility
analysis (IRFA) prepared under
authority of the Regulatory Flexibility
Act is included in the Classification
section of the SUPPLEMENTARY
INFORMATION section of this document.
Copies of the RIR and the
programmatic environmental
assessment (PEA) prepared for National
Environmental Policy Act (NEPA)
purposes are available at
www.regulations.gov or may be obtained
from Michael D. Tosatto, Regional
Administrator, NMFS PIRO (see address
above).
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 Michael D.
Tosatto, Regional Administrator, NMFS
PIRO (see address above) and by email
to OIRA_Submission@omb.eop.gov or
fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT: Tom
Graham, NMFS PIRO, 808–725–5032.
SUPPLEMENTARY INFORMATION:
Background on the Convention
The Convention on the Conservation
and Management of Highly Migratory
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Fish Stocks in the Western and Central
Pacific Ocean (Convention) focuses on
the conservation and management of
highly migratory species (HMS) and the
management of fisheries for HMS. The
objective of the Convention is to ensure,
through effective management, the longterm conservation and sustainable use
of HMS in the WCPO. To accomplish
this objective, the Convention
established the Commission, which
includes Members, Cooperating Nonmembers, and Participating Territories.
The United States of America is a
Member. American Samoa, Guam, and
the Commonwealth of the Northern
Mariana Islands are Participating
Territories.
As a Contracting Party to the
Convention and a Member of the
Commission, the United States is
obligated to implement conservation
and management measures adopted by
the Commission and other decisions of
the Commission. The WCPFC
Implementation Act (16 U.S.C. 6901 et
seq.), authorizes the Secretary of
Commerce, in consultation with the
Secretary of State and the Secretary of
the Department in which the United
States Coast Guard is operating
(currently the Department of Homeland
Security), to promulgate such
regulations as may be necessary to carry
out the obligations of the United States
under the Convention, including the
decisions of the Commission. The
WCPFC Implementation Act further
provides that the Secretary of Commerce
shall ensure consistency, to the extent
practicable, of fishery management
programs administered under the
WCPFC Implementation Act and the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA; 16 U.S.C. 1801 et seq.), as well
as other specific laws (see 16 U.S.C.
6905(b)). The Secretary of Commerce
has delegated the authority to
promulgate regulations under the
WCPFC Implementation Act to NMFS.
A map showing the boundaries of the
area of application of the Convention
(Convention Area), which comprises the
majority of the WCPO, can be found on
the WCPFC Web site at: www.wcpfc.int/
doc/convention-area-map.
Implementation of Commission
Decisions
To date NMFS has implemented the
Commission’s decisions through
regulations establishing specific
requirements, restrictions, and
prohibitions. This proposed rule
includes several such specific
regulations, and it also includes more
general regulations that would establish
a framework within which NMFS could
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establish specific requirements and
restrictions. Under the framework,
NMFS would issue and seek public
comment on proposed specifications
through announcements in the Federal
Register, and subsequently issue final
specifications through announcements
in the Federal Register. The
specifications would be designed to
satisfy the obligations of the United
States with respect to particular
provisions of conservation and
management measures adopted by the
Commission. The specifications could
include fishing effort limits, catch
limits, and other restrictions on
particular fishing activities during
specific periods and/or in specific areas.
This proposed action is described in
the following sections under four
categories. The first three categories are
regulatory changes, and include: (1)
Framework to implement Commission
decisions; (2) requirement to obtain IMO
number; and (3) other regulatory
changes. The last category proposes
specifications for the purse seine fishery
for 2015; specifically: (4) purse seine
fish aggregation device (FAD)
restrictions.
Regulatory Changes
This proposed rule includes several
elements, described in detail below, that
would be included in the regulations at
50 CFR part 300 Subpart O under three
categories. The first would establish a
framework to implement Commission
decisions, the second would require that
certain fishing vessels be issued IMO
numbers, and the third would make
changes to several existing regulations
to implement Commission decisions,
some of which are administrative in
nature.
1. Framework To Implement
Commission Decisions
The proposed rule would establish a
framework under which NMFS would
specify fishing effort limits, catch limits,
and other restrictions and requirements
in U.S. fisheries for HMS in the
Convention Area to implement
particular decisions of the Commission.
The framework would not be used to
implement all Commission decisions,
but rather those that are amenable to the
framework process, such as quantitative
fishing effort limits and catch limits,
and spatial and/or temporal restrictions
on specific fishing activities. For the
purpose of describing the proposed
framework, all such restrictions and
requirements are called ‘‘limits.’’
Purpose of framework: The purpose of
a framework is to make it possible to
manage fisheries more responsively
under conditions requiring ‘‘real time’’
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management. Such conditions exist in
the context of the Convention because
the Commission makes decisions that
must be implemented by its members
quickly—often within 60 days of the
decision. The framework proposed here
would allow NMFS to implement
Commission decisions more rapidly
than it would be able to without such
a framework. The proposed framework,
which would be codified at 50 CFR part
300, subpart O, contains the parameters
within which NMFS could take specific
actions, including the types of actions it
could take, as well as the procedures for
doing so. Limits implemented by NMFS
under the proposed framework, called
‘‘specifications,’’ would be announced
in the Federal Register. Except when
warranted and allowed by law,
specifications would be subject to prior
public notice and comment. The limits
specified under the framework would
likely, but not always, be time-limited.
Types and details of limits: The types
of limits that would be specified under
the framework include quantitative
limits on the weight or number of fish
that may be caught, retained,
transshipped, landed, and/or sold;
quantitative limits on the amount of
fishing effort that may be expended,
such as in terms of amounts of time
vessels spend at sea or engaged in
fishing or engaged in particular fishing
activities or other measures of fishing
effort, such as the number of gear sets
or deployments of gear; and restrictions
or prohibitions on particular fishing
activities in certain areas and/or
periods.
Most recent Commission decisions do
not apply in territorial seas or
archipelagic waters. Accordingly, the
framework regulations would state that
any specified limit would not—unless
otherwise indicated in the
specification—apply in the territorial
seas or archipelagic waters of the United
States or any other nation, as defined by
the domestic laws and regulations of
that nation and recognized by the
United States. If a Commission decision
does apply in territorial seas and/or
archipelagic waters, the specification
issued by NMFS to implement that
decision would specify that it does
apply in those areas.
For each limit specified under the
framework, NMFS would identify the
area and period in which it applies, and
as appropriate, the vessel types, gear
types, species, fish sizes, and any other
relevant attributes to which it applies.
For spatial or temporal limits, NMFS
would also specify the specific activities
that would be restricted in the area or
period, and for quantitative limits,
NMFS would specify the restrictions
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and requirements that would go into
effect after the limit is reached and the
applicable dates of those restrictions
and requirements. These restrictions
and requirements could include a
prohibition on the catch, retention,
transshipment and/or landing of
specific species or specific sizes of
specific species, a prohibition on the
use of specific fishing gears or methods,
restrictions on specific fishing activities,
and reporting or other requirements.
Fisheries affected: In the decisions of
the Commission, the three Participating
Territories of the United States—
American Samoa, the Commonwealth of
the Northern Mariana Islands, and
Guam—often are treated separately from
the United States. For example, the
fisheries of the territories often are
subject to different controls and limits
than are the fisheries of the United
States. Therefore, to implement the
Commission decisions, it is necessary to
distinguish the fisheries from each other
because fishing vessels from the
Participating Territories are flagged
vessels of the United States. The
proposed regulatory framework would
include criteria to distinguish the
fisheries from each other, for the
purpose of attributing fishing effort and
catch among the fisheries, and
determining to which vessels a given
restriction applies. The proposed
criteria mirror those used in previous
regulations issued under the WCPFC
Implementation Act. Under the
proposed criteria, all fishing activities
by U.S. fishing vessels would be
considered to be part of a fishery of the
United States except as follows:
1. Except as provided under
paragraphs 2 and 3 below, if catch is
landed in American Samoa, Guam, or
the Commonwealth of the Northern
Mariana Islands, the catch and
associated fishing effort are considered
part of a fishery of the territory in which
it is landed, provided that: (a) It was not
caught using purse seine gear; (b) it was
not caught in any portion of the U.S.
exclusive economic zone (EEZ) other
than the portion of the U.S. EEZ
surrounding the territory in which it
was landed; and (c) it was landed by a
fishing vessel operated in compliance
with a valid permit issued under 50 CFR
660.707 or 665.801.
2. Except as provided under
paragraph 3 below, if catch is made by
longline gear by a vessel registered for
use under a valid American Samoa
Longline Limited Access Permit issued
under 50 CFR 665.801(c), the catch and
associated fishing effort are considered
part of a fishery of American Samoa,
provided that: (a) It was not caught in
any portion of the U.S. EEZ other than
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the portion of the U.S. EEZ surrounding
American Samoa; and (b) it was landed
by a fishing vessel operated in
compliance with a valid permit issued
under 50 CFR 660.707 or 665.801.
3. If catch or fishing effort is made by
a vessel that is included in a specified
fishing agreement under 50 CFR
665.819(c), the catch and associated
fishing effort are considered part of a
fishery of American Samoa, Guam, or
the Commonwealth of the Northern
Mariana Islands, according to the terms
of the agreement to the extent the
agreement is consistent with 50 CFR
665.819(c) and other applicable laws,
provided that: (a) The start date
specified in 50 CFR 665.819(c)(9)(i) has
occurred or passed; and (b) NMFS has
not made a determination under 50 CFR
665.819(c)(9)(iii) that the catch or
fishing effort exceeds any limit allocated
to the territory that is a party to the
agreement.
Allocation of limits: Under the
proposed framework, NMFS could
allocate a Commission-mandated limit
among different fisheries sectors, such
as among groups of fishing vessels that
use different types of fishing gear. For
example, given a Commission decision
to limit catches of a particular species
irrespective of the type of fishing gear
used to catch it, NMFS could decide to
allocate the limit between the longline
and the purse seine fisheries, using the
proposed framework to establish
specific limits for each of the two
fisheries. NMFS could also use the
framework to specify limits for
particular fisheries even when the
Commission-mandated limit is not
specific to particular fisheries.
The proposed framework would not
be used to allocate Commissionmandated limits among individual
fishing vessels (except in the case where
a single fishing vessel comprises an
entire sector or fishery). This would not
preclude NMFS from allocating
Commission-mandated limits among
individual fishing vessels through
separate regulations.
Framework procedures: The
framework’s procedures for specifying
limits would be as follows: NMFS
would publish in the Federal Register a
notice of the proposed specification and
a request for public comment on the
proposed specification. The proposed
specification would include all the
relevant characteristics of the limit.
After consideration of public comment
received on the proposed specification,
NMFS would publish in the Federal
Register a notice of the final
specification.
Consequences of limits being reached:
For quantitative limits, NMFS would
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monitor catch or fishing effort with
respect to the specified limit using data
submitted in vessel logbooks and other
available information. When NMFS
estimates or projects that the specified
limit has been or will be reached, NMFS
would publish a notification to that
effect in the Federal Register. For
quantitative limits, this notification
would include an advisement that
specific activities will be restricted,
and/or that certain requirements will be
in place, during a specific period. The
notification would specify the
restrictions and requirements and the
specific activities to which they apply
and the start and end dates and times of
those restrictions. The start date of the
restrictions and requirements would not
be earlier than 7 days after the date of
filing the closure notice for public
inspection at the Office of the Federal
Register.
2. Requirement To Obtain IMO Number
This element of the proposed rule
would apply to all U.S. fishing vessels
(including those participating in the
fisheries of the U.S. Participating
Territories) that are used for commercial
fishing for highly migratory fish stocks
in the Convention Area either on the
high seas or in waters under the
jurisdiction of a foreign nation, and the
gross tonnage of which is at least 100
GRT (gross register tons) or 100 GT
(gross tons) ITC. This requirement
would implement a decision of the
Commission made in 2013 as part of
CMM 2013–10, ‘‘WCPFC Record of
Fishing Vessels and Authorization to
Fish.’’ CMM 2013–10 requires each
member of the Commission, including
the United States, to maintain a record
of its fishing vessels that are authorized
to fish in the Convention Area beyond
its area of national jurisdiction, and to
periodically share the information in its
record with the Commission. As
reflected in CMM 2013–10, in 2013 the
Commission decided to require that an
additional piece of information be
included in members’ records for
fishing vessels whose gross tonnage is at
least 100 GRT or 100 GT: The
International Maritime Organization
(IMO) number or Lloyd’s Register
number. An IMO number, also known
as an IMO ship identification number, is
the number issued for a ship or vessel
under the ship identification number
scheme established by the International
Maritime Organization. An IMO number
is unique and stays with the vessel for
its life, regardless of changes in the
vessel’s flag, name, ownership, or other
attributes. As used in CMM 2013–10,
‘‘Lloyd’s Register number,’’ or ‘‘LR
number,’’ has the same meaning as IMO
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number except that the former refers to
the number issued for a vessel that is
not required—under IMO agreements—
to be issued an IMO number. The
administrator of the IMO ship
identification number scheme issues
both types of numbers using the same
numbering scheme. Hereafter in this
proposed rule, ‘‘IMO number’’ is used to
refer to both IMO numbers and Lloyd’s
Register numbers. Currently, IMO
numbers are issued on behalf of the IMO
by IHS Maritime, the current
administrator of the IMO ship
identification number scheme.
For each of the subject fishing vessels
described above, this proposed rule
would require that the owner of the
fishing vessel ensure that an IMO
number has been issued for the vessel.
Furthermore, satisfying this
requirement, if applicable, would be
made a prerequisite for eligibility to
receive a WCPFC Area Endorsement.
The WCPFC Area Endorsement is the
endorsement required—along with a
high seas fishing permit—for a U.S.
fishing vessel to be used for commercial
fishing for HMS on the high seas in the
Convention Area (see 50 CFR 300.212).
If not already issued, the vessel owner
may request that an IMO number be
issued by following the instructions
given by IHS Maritime, available at:
www.imonumbers.lrfairplay.com/
default.aspx. There is no fee for making
such a request or having an IMO
number issued, but specific information
about the fishing vessel and its
ownership and management must be
provided to the administrator of the
scheme.
Because IHS Maritime is not affiliated
with the U.S. government and its
actions are outside the control of NMFS
and the U.S. government, the proposed
rule includes a process for fishing vessel
owners to claim to NMFS that they are
unable—through no fault of their own—
to obtain IMO numbers. NMFS would
review the claim, assist the fishing
vessel owner as appropriate, and if it
determines that it is infeasible or
impractical for the fishing vessel owner
to comply with the requirement, NMFS
would issue an exemption from the
requirement for a specific or indefinite
amount of time. The exemption would
become void if ownership of the fishing
vessel changes.
3. Other Regulatory Changes
The proposed rule includes several
other changes to the existing regulations
to enhance clarity and promote
efficiency, some of which are
administrative in nature.
First, this rule proposes to remove the
regulations requiring that U.S. purse
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seine vessels carry WCPFC observers on
fishing trips in the Convention Area (50
CFR 300.223(e)) because the applicable
dates of the requirements, which
extended through December 31, 2014,
have passed. NMFS emphasizes that
U.S. purse seine vessels operating in the
Convention Area are, and will likely
continue to be, subject to requirements
to carry WCPFC observers under the
current regulations at 50 CFR 300.215.
Under this section, U.S. fishing vessels
operating in the Convention Area must
carry a WCPFC observer when directed
to do so by NMFS. NMFS has issued
such directions to purse seine vessel
owners for 2015, and anticipates doing
so in subsequent years.
Second, this rule proposes to revise
the definition of ‘‘fishing day’’ to
remove the reference to 50 CFR 300.223.
As currently defined at 50 CFR 300.211,
the term applies only to the regulations
at 50 CFR 300.223, ‘‘Purse seine fishing
restrictions,’’ which establish limits on
purse seine fishing effort, restrictions on
the use of FADs, and other restrictions
that apply to purse seine fishing.
Because under this proposed rule some
restrictions of those types would be
established under a new regulatory
section devoted to the framework,
NMFS proposes to revise the term
‘‘fishing day’’ to apply more broadly to
all the regulations in 50 CFR part 300
subpart O, but it would continue to be
limited to the activities of purse seine
fishing vessels. Under this proposed
rule, ‘‘fishing day’’ would mean, for
fishing vessels equipped with purse
seine gear, any day in which a fishing
vessel searches for fish, deploys a FAD,
services a FAD, or sets a purse seine,
with the exception of setting a purse
seine solely for the purpose of testing or
cleaning the gear and resulting in no
catch.
Third, this rule proposes to remove
certain elements of the existing
regulations that require purse seine
vessels in the Convention Area to retain
on board all the catch of three species
of tuna (bigeye tuna, yellowfin tuna, and
skipjack tuna), with certain exceptions
(50 CFR 300.223(d)), because they are
obsolete. When the first version of these
regulations was established in 2009
(final rule published August 4, 2009; 74
FR 38544), the catch retention
requirements were made contingent on
a continuing determination by NMFS
that there are an adequate number of
WCPFC observers available for the purse
seine vessels of all members of the
Commission as necessary to ensure
compliance by such vessels with the
catch retention requirements. This
contingency was based on the
provisions of the Commission decision
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being implemented at the time, CMM
2008–01, which included a qualifier
that the catch retention requirements
were subject to implementation by
Commission members of 100 percent
observer coverage for purse seine
vessels. However, CMM 2014–01, a
successor to CMM 2008–01, which is
currently in effect, does not include any
such qualifier for the catch retention
requirements. Thus, this proposed rule
would remove paragraphs (1) and (2) of
50 CFR 300.223(d), which contain the
contingencies.
Fourth, this rule proposes to make
changes to the requirements related to
the installation and operation of vessel
monitoring system (VMS) units on
fishing vessels that are used to fish
commercially for HMS on the high seas
in the Convention Area. The current
regulations at 50 CFR 300.219 require
the owner and the operator (i.e., the
master or other individual aboard and in
charge of the vessel) of any such vessel
to expressly authorize NMFS and the
Commission to receive and relay
transmissions from the VMS unit.
NMFS proposes to revise those
regulations to provide NMFS and the
Commission with an implicit
authorization to receive and relay
transmissions from the unit. In other
words, under the proposed change, an
explicit written authorization from the
vessel owner and operator would not be
needed for NMFS and the Commission
to receive and relay transmissions from
the VMS unit. NMFS recognizes this
requirement is an unnecessary step and
therefore is proposing to remove this
requirement.
Finally, this rule proposes changes to
the requirement for the owners or
operators of U.S. purse seine vessels to
submit to NMFS daily reports on how
many sets were made on FADs. These
reports enable NMFS to monitor the
number of purse seine sets on FADs
(‘‘FAD sets’’) to determine if they are
within the established limits. The
existing requirement, at 50 CFR
300.218(g), only goes into effect when
NMFS publishes a notice in the Federal
Register announcing that it is in effect.
NMFS has never issued such a notice
because there is currently no limit on
the number of FAD sets. NMFS expects
that the proposed framework to
implement Commission decisions, as
described earlier in the preamble, could
be used to establish limits on FAD sets
in the future. NMFS proposes to revise
the daily FAD reporting requirement to
make the daily report process more
efficient, if FAD limits are put in place.
Under the proposed revisions, NMFS
would remove the requirement for the
publication of a Federal Register notice,
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and instead allow NMFS to contact
vessel owners or operators directly with
instructions on the timing and
submission of the reports. This would
give NMFS more flexibility in
specifying when the reports are
required. NMFS anticipates directing
vessel owners or operators to submit the
reports only in periods during which
limits on FAD sets are in place. Under
the proposed revised reporting
requirement, if directed by NMFS, the
owner or operator of any fishing vessel
of the United States equipped with
purse seine gear must report to NMFS,
within 24 hours of the end of each day
that the vessel is at sea in the
Convention Area the number of purse
seine sets that were made on FADs
during the period and in the format and
manner directed by the NMFS Pacific
Islands Regional Administrator.
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Proposed Specifications
Using the framework proposed to be
established at 50 CFR 300.227, as
described above, NMFS proposes
specifications to implement particular
provisions of CMM 2014–01,
‘‘Conservation and Management
Measure for Bigeye, Yellowfin and
Skipjack Tuna in the Western and
Central Pacific Ocean,’’ adopted at the
Commission’s Eleventh Regular Session,
in December 2014. CMM 2014–01 is a
successor to, and is only slightly
modified from, CMM 2013–01. These
and other WCPFC conservation and
management measures are available at:
www.wcpfc.int/conservation-andmanagement-measures.
The stated general objective of CMM
2014–01, and several of its predecessor
CMMs, is to ensure that the stocks of
bigeye tuna, yellowfin tuna, and
skipjack tuna in the WCPO are, at a
minimum, maintained at levels capable
of producing their maximum
sustainable yield as qualified by
relevant environmental and economic
factors. CMM 2014–01 includes specific
objectives for each of the three stocks;
the common objective is that the fishing
mortality rate is to be reduced to or
maintained at levels no greater than the
fishing mortality rate associated with
maximum sustainable yield.
The provisions of CMM 2014–01
apply on the high seas and in EEZs in
the Convention Area; that is, they do not
apply in territorial seas or archipelagic
waters.
CMM 2014–01 went into effect
February 3, 2015, and is generally
applicable for the 2015–2017 period.
The CMM includes provisions for purse
seine vessels, longline vessels, and other
types of vessels that fish for HMS.
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The specifications proposed here are
for 2015 only. NMFS anticipates
proposing specifications for subsequent
years separately, and generally on a
year-by-year basis.
The only provisions of the CMM that
would be implemented in the
specifications proposed here are those
related to restrictions on the use of
FADs in purse seine fisheries. For
reasons of timing, NMFS intends to
implement the CMM’s provisions for
longline fisheries, specifically, the
provisions requiring that longline
catches of bigeye tuna in the Convention
Area in 2015 be limited to specified
levels, through a separate rulemaking
that would not make use of the
framework proposed in this document
(the catch limit for 2015 would be
established in regulations at 50 CFR
300.224, as done in previous years).
However, for years subsequent to 2015,
NMFS anticipates using the proposed
framework to establish longline bigeye
tuna catch limits, as well as to
implement other Commission decisions.
Below, the proposed specification
related to purse seine FAD restrictions
is introduced by describing the relevant
provisions of CMM 2014–01, or the
‘‘Commission decision.’’ That
description is followed by a description
of the basis for NMFS’ proposed
specification, and the proposed
specification itself.
4. Purse Seine FAD Restrictions
Commission decision: Paragraphs 14–
19 of CMM 2014–01 require WCPFC
members to implement certain
restrictions on the use of FADs by purse
seine fishing vessels. All the restrictions
are to be applied in the Convention Area
between the latitudes of 20° N. and 20°
S.
Paragraph 14 requires that WCPFC
members prohibit specific activities
related to FADs by their purse seine
vessels during July through September
(called a ‘‘FAD prohibition period’’
here) in each of 2015, 2016, and 2017.
Paragraphs 15–18 require that WCPFC
members impose additional restrictions
on the use of FADs in 2015, 2016, and
2017, some of which are contingent on
further Commission decision-making.
Until those decisions are taken,
paragraphs 15–18, read in combination,
mean that the United States must either
add a fourth month, October, to the
July–September FAD prohibition period
in each of 2015, 2016, 2017, or limit the
number of FAD sets in each of those
three years to 2,522. Finally, paragraph
18 also requires WCPFC members to
prohibit setting on FADs on the high
seas in the Convention Area in 2017.
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Basis for proposed specification: To
implement paragraphs 14–19 of CMM
2014–01 for 2015, NMFS proposes
restrictions on the use of FADs by U.S.
purse seine vessels as follows.
In accordance with paragraph 14 of
the CMM, in 2015 there would be a FAD
prohibition period from July through
September. NMFS has already
established this three-month FAD
prohibition period in regulations at 50
CFR 300.223(b) (see final rule published
December 2, 2014; 79 FR 71327). It
would be reiterated in the specification
proposed here. In addition, NMFS
proposes to implement the first of the
two FAD-related options in paragraphs
15–18; that is, adding October to the
FAD prohibition period, because NMFS
believes it is the more cost-effective of
the two options, taking into account the
objectives of the CMM, the expected
economic impacts on U.S. fishing
operations and the nation as a whole,
and expected environmental and other
effects. The expected environmental and
economic effects of both options are
described in the PEA, RIR, and IRFA
prepared for this proposed specification.
The specific activities that would be
prohibited during the FAD prohibition
period in 2015 are the same as those
during FAD prohibition periods
established by NMFS since 2009 (see
proposed specifications below).
NMFS does not propose changes to
the definition of a FAD, and it would
remain as currently defined at 50 CFR
300.211. Although the definition of a
FAD does not include a vessel, the
restrictions during the FAD prohibition
periods would include certain activities
related to fish that have aggregated in
association with a vessel, or drawn by
a vessel, as described below.
Proposed specification for 2015: From
July 1 through October 31, 2015,
owners, operators, and crew of fishing
vessels of the United States shall not do
any of the following activities in the
Convention Area in the area between
20° N. latitude and 20° S. latitude:
(1) Set a purse seine around a FAD or
within one nautical mile of a FAD.
(2) Set a purse seine in a manner
intended to capture fish that have
aggregated in association with a FAD or
a vessel, such as by setting the purse
seine in an area from which a FAD or
a vessel has been moved or removed
within the previous eight hours, or
setting the purse seine in an area in
which a FAD has been inspected or
handled within the previous eight
hours, or setting the purse seine in an
area into which fish were drawn by a
vessel from the vicinity of a FAD or a
vessel.
(3) Deploy a FAD into the water.
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(4) Repair, clean, maintain, or
otherwise service a FAD, including any
electronic equipment used in
association with a FAD, in the water or
on a vessel while at sea, except that: (a)
A FAD may be inspected and handled
as needed to identify the FAD, identify
and release incidentally captured
animals, un-foul fishing gear, or prevent
damage to property or risk to human
safety; and (b) A FAD may be removed
from the water and if removed may be
cleaned, provided that it is not returned
to the water.
(5) From a purse seine vessel or any
associated skiffs, other watercraft or
equipment, do any of the following,
except in emergencies as needed to
prevent human injury or the loss of
human life, the loss of the purse seine
vessel, skiffs, watercraft or aircraft, or
environmental damage: (a) Submerge
lights under water; (b) suspend or hang
lights over the side of the purse seine
vessel, skiff, watercraft or equipment,
or; (c) direct or use lights in a manner
other than as needed to illuminate the
deck of the purse seine vessel or
associated skiffs, watercraft or
equipment, to comply with navigational
requirements, and to ensure the health
and safety of the crew.
Classification
The Administrator, Pacific Islands
Region, NMFS, has determined that this
proposed rule and these proposed
specifications are consistent with the
WCPFC Implementation Act and other
applicable laws, subject to further
consideration after public comment.
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Executive Order 12866
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act (RFA)
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the RFA. The
IRFA describes the economic impact
this proposed rule and specifications, 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 in the SUMMARY
section of the preamble and in other
sections of this SUPPLEMENTARY
INFORMATION section of the preamble.
The analysis follows:
Estimated Number of Small Entities
Affected
Small entities include ‘‘small
businesses,’’ ‘‘small organizations,’’ and
‘‘small governmental jurisdictions.’’ The
Small Business Administration (SBA)
has established size standards for all
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major industry sectors in the United
States, including commercial finfish
harvesters (NAICS code 114111). A
business primarily involved in finfish
harvesting is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates), and has combined annual
receipts not in excess of $20.5 million
for all its affiliated operations
worldwide.
The proposed rule and specifications
would apply to owners and operators of
U.S. fishing vessels used for commercial
fishing for HMS in the Convention Area.
With the exception of the requirement
to obtain an IMO number, the
substantive elements of the rule and
specifications (i.e., those elements that
could bring economic impacts to
affected entities) would apply only to
purse seine vessels. NMFS estimates
that of all the U.S. fishing vessels to
which the IMO number requirement
would apply, only 7 do not already have
an IMO number. Of the 7, 1 is a purse
seine vessel, 4 are longline vessels, and
2 are troll vessels.
The number of purse seine vessels
that would be affected by the purse
seine specifications is the number of
vessels licensed under the Treaty on
Fisheries between the Governments of
Certain Pacific Island States and the
Government of the United States of
America (South Pacific Tuna Treaty, or
SPTT). The current number of licensed
vessels is 37. The maximum number
allowed under the SPTT, apart from
joint venture licenses, none of which
have ever been issued, is 40.
Thus, the fish harvesting entities that
would be affected by the proposed rule
and specifications include about 37
purse seine vessels, 4 longline vessels,
and 2 troll vessels.
Based on (limited) available financial
information about the affected fishing
vessels and the SBA’s small entity size
standards for commercial finfish
harvesters, and using individual vessels
as proxies for individual businesses,
NMFS believes that all the affected fish
harvesting businesses are small entities.
NMFS used average per-vessel returns
over recent years to estimate annual
revenue because gross receipts and exvessel price information specific to the
affected vessels are not available to
NMFS. For the purse seine fishery,
NMFS estimates that the average annual
receipts over 2010–2012 for each purse
seine vessel were less than the $20.5
million threshold for finfish harvesting
businesses (the greatest was about $19
million) based on the catches of each
vessel in the purse seine fleet during
that period, and indicative regional
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43699
cannery prices developed by the Pacific
Islands Forum Fisheries Agency
(available at https://www.ffa.int/node/
425#attachments). Since 2012, cannery
prices have declined dramatically, so
the vessels’ revenues in 2013 and 2014
have very likely declined as well. For
the longline fishery, the ex-vessel value
of catches by the Hawaii longline fleet
in 2012 was about $87 million. With
129 active vessels in that year, pervessel average revenues were about $0.7
million, well below the $20.5 million
threshold for finfish harvesting
businesses.
Recordkeeping, Reporting, and Other
Compliance Requirements
The recordkeeping, reporting, and
other compliance requirements are
discussed below for each of the main
elements of the proposed rule and
proposed specifications, as described
earlier in the SUPPLEMENTARY
INFORMATION section of the preamble.
Fulfillment of these requirements is not
expected to require any professional
skills that the affected vessel owners
and operators do not already possess.
The costs of complying with the
proposed requirements are described
below to the extent possible:
1. Framework To Implement
Commission Decisions
The proposed framework would
establish administrative procedures for
implementing Commission decisions. It
would not in itself establish any
requirements for owners or operators of
fishing vessels or other entities, so it is
not discussed further in this IRFA.
2. Requirement To Obtain IMO Number
The requirement to obtain an IMO
number would be a one-time
requirement; once a number has been
issued for a vessel, the vessel would be
in compliance for the remainder of its
life, regardless of changes in ownership.
Most entities that would be required to
obtain an IMO number already have
them. NMFS estimates that 7 fishing
vessels (that are currently in the fishery)
would initially be subject to the
requirement, and projects that as fishing
vessels enter the fishery in the future,
roughly two per year would be required
to obtain IMO numbers. Completing and
submitting the application form (which
can be done online and requires no fees)
would take about 30 minutes per
applicant, on average. Assuming a value
of labor of approximately $26 per hour
and communication costs of about $1
per application, the (one-time) cost to
each entity would be about $14.
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3. Other Regulatory Changes
Among the proposed rule’s other
regulatory changes, only the change to
the daily FAD reporting requirements
has the potential to bring economic
impacts to affected entities. Under the
existing regulations, when NMFS
triggers the daily FAD reporting
requirement through an announcement
in the Federal Register, the vessel
owner or operator has to complete and
submit the reports each day while the
fishing vessel is at sea in the Convention
Area. NMFS currently estimates this
cost to be about $1,360 per vessel per
year. Under the proposed change, the
vessel owner or operator would have to
complete and submit the reports only if
and when directed by NMFS. Because
the proposed purse seine FAD
restrictions for 2015 do not include any
FAD set limits, it is unlikely that NMFS
would direct vessel operators to submit
reports for 2015. Thus, the change
would potentially reduce the reporting
costs to affected purse seine entities
during this period.
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4. Purse Seine FAD Restrictions
The proposed FAD prohibition period
in July–October in 2015 would
substantially constrain the manner in
which purse seine fishing could be
conducted in that period in the
Convention Area; vessels would be able
to set only on free, or ‘‘unassociated,’’
schools.
The costs associated with the FAD
restrictions cannot be quantitatively
estimated, but the fleet’s historical use
of FADs can give a qualitative estimate
of the costs. In the years 1997–2013, the
proportion of sets made on FADs in the
U.S. purse seine fishery ranged from
less than 30 percent in some years to
more than 90 percent in others. Thus,
the importance of FAD sets in terms of
profits appears to be quite variable over
time, and is probably a function of many
factors, including fuel prices
(unassociated sets involve more
searching time and thus tend to bring
higher fuel costs than FAD sets) and
market conditions (e.g., FAD fishing,
which tends to result in greater catches
of lower-value skipjack tuna and smaller
yellowfin tuna and bigeye tuna than
unassociated sets, might be more
attractive and profitable when canneries
are not rejecting small fish). Thus, the
costs of complying with the FAD
restrictions would depend on a variety
of factors.
In 2010–2013, the last 4 years for
which complete data are available and
for which there was 100 percent
observer coverage, the U.S. WCPO purse
seine fleet made about 39 percent of its
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sets on FADs. During the months when
setting on FADs was allowed, the
percentage was about 58 percent. The
fact that the fleet has made such a
substantial portion of its sets on FADs
indicates that prohibiting the use of
FADs for four months each year could
bring substantial costs and/or revenue
losses.
To mitigate these impacts, vessel
operators might choose to schedule their
routine vessel and equipment
maintenance during the FAD
prohibition periods. However, the
limited number of vessel maintenance
facilities in the region might constrain
vessel operators’ ability to do this. It
also is conceivable that some vessels
might choose not to fish at all during the
FAD prohibition periods rather than fish
without the use of FADs. Observations
of the fleet’s behavior in 2009–2013,
when FAD prohibition periods were in
effect, do not suggest that either of these
responses occurred to an appreciable
degree. The proportion of the fleet that
fished during the two- and three-month
FAD prohibition periods of 2009–2013
did not appreciably differ from the
proportion that fished during the same
months in the years 1997–2008, when
no FAD prohibition periods were in
place.
In summary, the economic impacts of
the FAD prohibition period in 2015
cannot be quantified, but they could be
substantial. Their magnitude would
depend in part on market conditions,
ocean conditions and the magnitude of
any limits on allowable levels of fishing
effort in foreign EEZs and on the high
seas in the Convention Area.
Disproportionate Impacts
As indicated above, all affected
entities are believed to be small entities,
thus small entities would not be
disproportionately affected relative to
large entities. Nor would there be
disproportionate economic impacts
based on home port.
As indicted above, there could be
disproportionate impacts according to
vessel type and size and the types of
fishing permits held.
Duplicating, Overlapping, and
Conflicting Federal Regulations
NMFS has not identified any Federal
regulations that duplicate, overlap with,
or conflict with the proposed
regulations, with the exception of a
Federal regulation that duplicates to
some extent the daily FAD reporting
requirement that would be revised
under the proposed rule. Existing
regulations at 50 CFR 300.34 require
that a record of catch, effort and other
information must be maintained on
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board vessels licensed under the South
Pacific Tuna Act, on catch report forms
known as Regional Purse Seine
Logsheets, or RPLs. The RPLs must be
submitted to NMFS within two days of
a vessel reaching port. The RPLs include
the information that would be required
to be reported under this proposed rule,
such as, how many FAD sets were made
on a given day. However, the timing of
the RPL requirement is such that it
would not provide NMFS with the
information it needs to estimate and
project FAD sets with respect to the
proposed limit in a timely and reliable
manner. For that reason, NMFS
established the daily FAD reporting
requirement that is duplicative in terms
of the substance—but not the timing—
of one element of the existing RPL
reporting requirement. Under the
revision proposed in this rule, that
duplication would remain.
Alternatives to the Proposed Provisions
NMFS has sought to identify
alternatives that would minimize the
proposed provisions’ economic impact
on small entities (‘‘significant
alternatives’’). Taking no action could
result in lesser adverse economic
impacts than the proposed action for
many affected entities (but as described
above, for some affected entities, the
proposed provisions could be more
economically beneficial than no-action),
but NMFS has determined that the noaction alternative would fail to
accomplish the objectives of the WCPFC
Implementation Act, including
satisfying the international obligations
of the United States as a Contracting
Party to the Convention, and NMFS
does not prefer it for that reason.
Alternatives identified for each of the
main elements of the proposed rule and
proposed specifications are discussed
below:
1. Framework To Implement
Commission Decisions
The proposed framework would not
in itself establish any requirements for
owners or operators of fishing vessels or
other entities, so would not bring
economic impacts. Thus, NMFS has not
identified any significant alternatives.
2. Requirement To Obtain IMO Number
NMFS has not identified any
significant alternatives to the IMO
number requirement that would
comport with U.S. obligations to
implement the Commission decision
regarding IMO numbers.
3. Other Regulatory Changes
None of the other proposed regulatory
changes are expected to bring adverse
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economic impacts to affected entities, so
NMFS has not identified any significant
alternatives.
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4. Purse Seine FAD Restrictions
NMFS considered in detail one
alternative to the proposed restrictions
on the use of FADs. Under the
alternative, purse seine vessels would
be subject to a three-month (July–
September) FAD prohibition period in
2015, and a limit of 2,522 FAD sets for
the year. This alternative would be
consistent with the options available to
the United States under CMM 2014–01.
The impacts of this alternative relative
to those of the proposed action would
depend on the total amount of fishing
effort available to the U.S. purse seine
fleet in the Convention Area in 2015. If
total available fishing effort is relatively
high, the proposed action would likely
allow for more FAD sets than would this
alternative, and thus likely cause lesser
adverse impacts. The reverse would be
the case for relatively low levels of total
available fishing effort. For example,
given the fleet’s historical average FAD
set ratio of 58 percent, and assuming an
even distribution of sets throughout the
year, the estimated ‘‘breakeven’’ point
between the two alternatives would be
6,502 total available sets for the year.
Although the amount of fishing effort
that will be available to the fleet in the
future, particularly under the SPTT,
cannot be predicted with any certainty,
6,502 sets is substantially less than the
amounts of fishing effort that have been
available to the fleet since it has been
operating under the SPTT. For that
reason, NMFS expects that the proposed
action likely would cause less severe
economic impacts on the purse seine
fleet and its participants than would
this alternative, and NMFS prefers the
proposed action for that reason.
Paperwork Reduction Act
This proposed rule contains three
collection-of-information requirements
that are subject to review and approval
by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act (PRA).
The first collection has been
submitted to OMB for review and
approval under control number 0648–
0595, ‘‘Western and Central Pacific
Fisheries Convention Vessel
Information Family of Forms.’’ This
collection-of-information would be
revised to include the requirement for
the owners of certain fishing vessels to
ensure that IMO numbers are issued for
the vessels. This would be a one-time
requirement; no renewals or updates
would be required during the life of a
vessel. A fishing vessel owner would
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request the issuance of an IMO number
by submitting specific information
about the vessel and its ownership and
management to IHS Maritime, which
issues IMO numbers on behalf of the
International Maritime Organization. If a
fishing vessel requires an exemption,
the owner must provide the required
information to NMFS. Providing the
required information would bring a
reporting burden of approximately 30
minutes per response.
The second collection, requirements
related to installing and operating vessel
monitoring system units, has been
approved by OMB under control
number 0648–0596, ‘‘Vessel Monitoring
System Requirements under the
Western and Central Pacific Fisheries
Convention.’’ Public reporting burden
for the VMS requirements is estimated
to average 5 minutes per response for
the activation reports and on/off reports,
4 hours per response for VMS unit
purchase and installation, and 1 hour
per response for VMS unit maintenance.
The third collection, the daily FAD
reporting requirement, has been
approved by OMB under control
number 0648–0649, ‘‘Transshipment
Requirements under the WCPFC.’’
Public reporting burden for the daily
FAD report is estimated to average 10
minutes per response.
These estimated response times
include time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
Send comments regarding these
burden estimates, or any other aspect of
the data collections, including whether
the current and/or proposed collections
are necessary for the performance of the
functions of the agency, the accuracy of
the agency’s estimates of burden, ways
to enhance the utility and clarity of
information, and suggestions for
reducing the burden, to Michael D.
Tosatto, Regional Administrator, NMFS
PIRO (see ADDRESSES) and by email to
OIRA_Submission@omb.eop.gov or fax
to 202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
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43701
Dated: July 17, 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 part 300 is proposed
to be amended as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart O—Western and Central
Pacific Fisheries for Highly Migratory
Species
1. The authority citation for 50 CFR
part 300, subpart O, continues to read as
follows:
■
Authority: 16 U.S.C. 6901 et seq.
2. In § 300.211, revise the definition of
‘‘Fishing day’’ to read as follows:
■
§ 300.211
Definitions.
*
*
*
*
*
Fishing day means, for fishing vessels
equipped with purse seine gear, any day
in which a fishing vessel searches for
fish, deploys a FAD, services a FAD, or
sets a purse seine, with the exception of
setting a purse seine solely for the
purpose of testing or cleaning the gear
and resulting in no catch.
*
*
*
*
*
■ 3. In § 300.217, add paragraph (c) to
read as follows:
§ 300.217
Vessel identification.
*
*
*
*
*
(c) IMO numbers. (1) For the purpose
of this section, an IMO number is the
unique number issued for a vessel under
the ship identification number scheme
established by the International
Maritime Organization or, for vessels
that are not strictly subject to that
scheme, the unique number issued by
the administrator of that scheme using
the scheme’s numbering format,
sometimes known as a Lloyd’s Register
number or LR number.
(2) The owner of a fishing vessel of
the United States used for commercial
fishing for HMS in the Convention Area,
either on the high seas or in waters
under the jurisdiction of any nation
other than the United States, shall
request and obtain an IMO number for
the vessel if the gross tonnage of the
vessel, as indicated on the vessel’s
current Certificate of Documentation
issued under 46 CFR part 67, is at least
100 GRT or 100 GT ITC. An IMO
number may be requested for a vessel by
following the instructions given by the
administrator of the IMO ship
identification number scheme; those
instructions are currently available on
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the Web site of IHS Maritime, at:
www.imonumbers.lrfairplay.com/
default.aspx.
(3) In the event that the owner of a
fishing vessel subject to the requirement
of paragraph (c)(2) of this section, after
following the instructions given by the
administrator of the IMO ship
identification number scheme, is unable
to obtain an IMO number for the fishing
vessel, the fishing vessel owner may
request an exemption from the
requirement from the Pacific Islands
Regional Administrator. The request
must be sent by mail to the Pacific
Islands Regional Administrator or by
email to pir.wcpfc@noaa.gov and must
include the vessel’s name, the vessel’s
official number, a description of the
steps taken to request an IMO number,
and a description of any responses from
the administrator of the IMO ship
identification number scheme.
(4) Upon receipt of a request for an
exemption under paragraph (c)(3) of this
section, the Pacific Islands Regional
Administrator will, to the extent he or
she determines appropriate, assist the
fishing vessel owner in requesting an
IMO number. If the Pacific Islands
Regional Administrator determines that
it is infeasible or impractical for the
fishing vessel owner to obtain an IMO
number for the fishing vessel, he or she
will issue an exemption from the
requirements of paragraph (c)(2) of this
section for the subject fishing vessel and
its owner and notify the fishing vessel
owner of the exemption. The Pacific
Islands Regional Administrator may
limit the duration of the exemption. The
Pacific Islands Regional Administrator
may rescind an exemption at any time.
If an exemption is rescinded, the fishing
vessel owner must comply with the
requirements of paragraph (c)(2) of this
section within 30 days of being notified
of the rescission. If the ownership of a
fishing vessel changes, an exemption
issued to the former fishing vessel
owner becomes void.
■ 4. In § 300.218, revise paragraph (g) to
read as follows:
§ 300.218 Reporting and recordkeeping
requirements.
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*
(g) Daily FAD reports. If directed by
NMFS, the owner or operator of any
fishing vessel of the United States
equipped with purse seine gear must
report to NMFS, for the period and in
the format and manner directed by the
Pacific Islands Regional Administrator,
within 24 hours of the end of each day
that the vessel is at sea in the
Convention Area, the number of purse
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seine sets were made on FADs during
that day.
*
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*
■ 5. In § 300.219, revise paragraphs
(c)(1) and (5) to read as follows:
§ 300.219
Vessel monitoring system.
*
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*
*
*
(c) * * *
(1) VMS unit. The vessel owner and
operator shall install and maintain on
the fishing vessel, in accordance with
instructions provided by the SAC and
the VMS unit manufacturer, a VMS unit
that is type-approved by NMFS for
fisheries governed under the Act. The
vessel owner and operator shall arrange
for a NMFS-approved mobile
communications service provider to
receive and relay transmissions from the
VMS unit to NMFS. NMFS makes
available lists of type-approved VMS
units and approved mobile
communications service providers.
NMFS and the Commission are
authorized to receive and relay
transmissions from the VMS unit.
*
*
*
*
*
(5) Related VMS requirements.
Installing, carrying and operating a VMS
unit in compliance with the
requirements in part 300 of this title,
part 660 of this title, or part 665 of this
title relating to the installation, carrying,
and operation of VMS units shall be
deemed to satisfy the requirements of
paragraph (c) of this section, provided
that the VMS unit is operated
continuously and at all times while the
vessel is at sea, the VMS unit is typeapproved by NMFS for fisheries
governed under the Act, and the specific
requirements of paragraph (c)(4) of this
section are complied with. If the VMS
unit is owned by NMFS, the
requirement under paragraph (c)(4) of
this section to repair or replace the VMS
unit will be the responsibility of NMFS,
but the vessel owner and operator shall
be responsible for ensuring that the
VMS unit is operable before leaving port
or starting the next trip.
*
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*
*
■ 6. In § 300.222:
■ a. Remove paragraphs (x) and (z);
■ b. Redesignate paragraphs (y) and (aa)
as paragraphs (x) and (y), respectively;
■ c. Redesignate paragraphs (bb)
through (ww) as (z) through (uu),
respectively; and
■ d. Add paragraphs (vv) and (ww) to
read as follows:
§ 300.222
Prohibitions.
*
*
*
*
*
(vv) Fail to obtain an IMO number for
a fishing vessel as required in
§ 300.217(c).
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(ww) Fail to comply with any of the
limits, restrictions, prohibitions, or
requirements specified under § 300.227.
■ 7. In § 300.223, revise paragraph (d),
and remove and reserve paragraph (e) to
read as follows:
§ 300.223
Purse seine fishing restrictions.
*
*
*
*
*
(d) Catch retention. An owner and
operator of a fishing vessel of the United
States equipped with purse seine gear
must ensure the retention on board at all
times while at sea within the
Convention Area any bigeye tuna
(Thunnus obesus), yellowfin tuna
(Thunnus albacares), or skipjack tuna
(Katsuwonus pelamis), except in the
following circumstances and with the
following conditions:
(1) Fish that are unfit for human
consumption, including but not limited
to fish that are spoiled, pulverized,
severed, or partially consumed at the
time they are brought on board, may be
discarded.
(2) If at the end of a fishing trip there
is insufficient well space to
accommodate all the fish captured in a
given purse seine set, fish captured in
that set may be discarded, provided that
no additional purse seine sets are made
during the fishing trip.
(3) If a serious malfunction of
equipment occurs that necessitates that
fish be discarded.
(e) [Reserved]
*
*
*
*
*
■ 8. Add § 300.227 to subpart O to read
as follows:
§ 300.227 Framework for catch and fishing
effort limits.
(a) General. To implement
conservation and management measures
adopted by the Commission, the Pacific
Islands Regional Administrator may
specify limits on catch or fishing effort
by fishing vessels of the United States
in the Convention Area, and other
fishing-related restrictions and
requirements (collectively called
‘‘limits’’). The limits will be designed to
satisfy the obligations of the United
States with respect to particular
provisions of Commission-adopted
conservation and management
measures. For each specified limit, the
Pacific Islands Regional Administrator
will specify the area and period in
which it applies, and as appropriate, the
vessel types, gear types, species, fish
sizes, and any other relevant attributes
to which it applies. In addition to
quantitative limits on catches and
fishing effort, the Pacific Islands
Regional Administrator may specify
areas or periods in which particular
fishing activities are restricted or
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prohibited, and other fishing-related
requirements. For each specified
quantitative limit, the Pacific Islands
Regional Administrator will also specify
the prohibitions and requirements that
would go into effect after the limit is
reached and the applicable dates of
those prohibitions.
(b) Application in territorial seas and
archipelagic waters. Unless stated
otherwise in particular specifications,
the limits specified under the
framework shall not apply in the
territorial seas or archipelagic waters of
the United States or any other nation, as
defined by the domestic laws and
regulations of that nation and
recognized by the United States.
(c) Types of limits. The types of limits
that may be specified under this section
include, but are not limited to:
(1) Limits on the weight or number of
fish or other living marine resources of
specific types and/or sizes that may be
caught, retained, transshipped, landed,
and/or sold;
(2) Limits on the amount of fishing
effort that may be expended, such as the
amount of time vessels spend at sea
(e.g., days at sea) or engaged in fishing
(e.g., fishing days), the amount of time
vessels spend engaged in particular
fishing activities (e.g., trolling hours),
and the quantity of specific fishing
activities (e.g., number of hooks set;
number of longline sets or purse seine
sets; number of purse seine sets made
on FADs; number of FADs deployed);
and
(3) Areas or periods in which
particular activities are restricted or
prohibited, such as periods during
which it is prohibited to set purse seines
on FADs or to use FADs in specific
other ways.
(d) U.S. and territorial fisheries. For
the purpose of distinguishing the
fisheries of the United States and the
fisheries of the United States territories
from each other under limits specified
under this section, as needed to
implement Commission conservation
and management measures, such as to
determine the vessels to which a
specified limit applies or to attribute
catch or fishing effort against a specified
limit, all fishing activity of a fishing
vessel of the United States, including its
catch and fishing effort, is, for the
purpose of this section, considered part
of a fishery of the United States except
as follows:
(1) Except as provided in paragraphs
(d)(2) and (d)(3) of this section, if catch
is landed in American Samoa, Guam, or
the Commonwealth of the Northern
Mariana Islands, the catch and
associated fishing effort are considered
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part of a fishery of the territory in which
it is landed, provided that:
(i) It was not caught using purse seine
gear;
(ii) It was not caught in any portion
of the EEZ other than the portion of the
EEZ surrounding the territory in which
it was landed; and
(iii) It was landed by a fishing vessel
operated in compliance with a valid
permit issued under § 660.707 or
§ 665.801 of this title.
(2) Except as provided in paragraph
(d)(3) of this section, if catch is made by
longline gear by a vessel registered for
use under a valid American Samoa
Longline Limited Access Permit issued
under § 665.801(c) of this title, the catch
and associated fishing effort are
considered part of a fishery of American
Samoa, provided that:
(i) It was not caught in any portion of
the EEZ other than the portion of the
EEZ surrounding American Samoa; and
(ii) It was landed by a fishing vessel
operated in compliance with a valid
permit issued under § 660.707 or
§ 665.801 of this title.
(3) If catch or fishing effort is made by
a vessel that is included in a specified
fishing agreement under § 665.819(c) of
this title, the catch and associated
fishing effort are considered part of a
fishery of American Samoa, Guam, or
the Commonwealth of the Northern
Mariana Islands, according to the terms
of the agreement to the extent the
agreement is consistent with
§ 665.819(c) of this title and other
applicable laws, provided that:
(i) The start date specified in
§ 665.819(c)(9)(i) of this title has
occurred or passed; and
(ii) NMFS has not made a
determination under § 665.819(c)(9)(iii)
of this title that the catch or fishing
effort exceeds any limit allocated to the
territory that is a party to the agreement.
(e) Allocation of limits among sectors
or vessels. (1) The Pacific Islands
Regional Administrator may allocate a
Commission-mandated limit among
particular sectors or groups of fishing
vessels of the United States, such as for
vessels that use different types of fishing
gear. In other words, the Pacific Islands
Regional Administrator may specify
separate limits for different sectors or
groups of fishing vessels even when not
required to do so under the
Commission’s conservation and
management measures.
(2) The Pacific Islands Regional
Administrator may not, under this
framework, allocate a Commissionmandated limit among individual
fishing vessels of the United States. In
other words, the Pacific Islands
Regional Administrator may not, under
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43703
this framework, specify limits for
individual fishing vessels of the United
States, except in the case where there is
only one fishing vessel in a sector or
group of fishing vessels that is subject
to the limit. This does not preclude
NMFS from allocating Commissionmandated limits among individual
fishing vessels through other
regulations.
(f) Procedures for specifying limits. (1)
For each specified limit, the Pacific
Islands Regional Administrator will
publish in the Federal Register a notice
of the proposed catch or fishing effort
limit specification and a request for
public comment on the proposed
specification, unless exempted under
the Administrative Procedure Act, 5
U.S.C. 553. The specification will
include the characteristics of the limit
and the restrictions that will go into
effect if the limit is reached.
(2) For each specified limit that is
subject to prior notice and public
comment, the Pacific Islands Regional
Administrator will consider any public
comment received on the proposed
specification, and publish in the
Federal Register a notice of the final
catch or fishing effort limit
specification, if appropriate.
(g) Notification of limits being
reached. For quantitative limits, NMFS
will monitor catch or fishing effort with
respect to the specified limit using data
submitted in vessel logbooks and other
available information. When NMFS
estimates or projects that the specified
limit has or will be reached, the Pacific
Islands Regional Administrator will
publish notification to that effect in the
Federal Register.
(h) Prohibitions after limit is reached.
For quantitative limits, the Federal
Register notice published under
paragraph (g) of this section will include
an advisement that specific activities
will be prohibited during a specific
period. The notice will specify the
prohibitions and their start and end
dates. The start date of the prohibitions
may not be earlier than 7 days after the
date of filing for public inspection at the
Office of the Federal Register the notice
to be published under paragraph (g) of
this section. The prohibited activities
may include, but are not limited to,
possessing, retaining on board,
transshipping, landing, or selling
specific types and/or sizes of fish or
other living marine resources, and
fishing with specified gear types or
methods in specified areas. The Pacific
Islands Regional Administrator may,
based on revised estimates or
projections of catch or fishing effort
with respect to specified limits, rescind
or modify the prohibitions specified
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under this section. The Pacific Islands
Regional Administrator will publish
notice of any such rescissions or
modifications in the Federal Register.
[FR Doc. 2015–18050 Filed 7–22–15; 8:45 am]
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Agencies
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Proposed Rules]
[Pages 43694-43704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18050]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 150122068-5068-01]
RIN 0648-BE84
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Fishing Effort and Catch Limits and Other
Restrictions and Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; proposed specifications.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes and seeks comments on a proposed rule and
proposed specifications to be issued under authority of the Western and
Central Pacific Fisheries Convention Implementation Act (WCPFC
Implementation Act). The proposed rule would establish a framework
under which NMFS would specify limits on fishing effort and catches, as
well as spatial and temporal restrictions on particular fishing
activities and other requirements, in U.S. fisheries for highly
migratory fish species in the western and central Pacific Ocean (WCPO).
NMFS would issue the specifications as needed to implement conservation
and management measures adopted by the Commission for the Conservation
and Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean (Commission or WCPFC). The proposed rule also
would require that certain U.S. fishing vessels operating in the WCPO
obtain ``IMO numbers.'' The proposed rule also includes changes to
regulations regarding tuna catch retention requirements for purse seine
vessels, requirements to install and carry vessel monitoring system
(VMS) units, daily reporting requirements, and other changes that are
administrative in nature.
Using the proposed regulatory framework described above, NMFS
proposes restrictions on the use of fish aggregating devices by purse
seine vessels in 2015.
These actions are necessary to satisfy the obligations of the
United States under the Convention on the Conservation and Management
of Highly Migratory Fish Stocks in the Western and Central Pacific
Ocean, to which it is a Contracting Party.
DATES: Comments on the proposed rule or proposed specifications must be
submitted in writing by August 7, 2015.
ADDRESSES: You may submit comments on the proposed rule, proposed
specifications, and the regulatory impact review (RIR) prepared for the
proposed rule and proposed specifications, identified by NOAA-NMFS-
2015-0072, by either of the following methods:
Electronic submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0072,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
--OR--
Mail: Submit written comments to Michael D. Tosatto,
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO),
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
might not be considered by NMFS. All comments received are a part of
the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name and address), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
An initial regulatory flexibility analysis (IRFA) prepared under
authority of the Regulatory Flexibility Act is included in the
Classification section of the SUPPLEMENTARY INFORMATION section of this
document.
Copies of the RIR and the programmatic environmental assessment
(PEA) prepared for National Environmental Policy Act (NEPA) purposes
are available at www.regulations.gov or may be obtained from Michael D.
Tosatto, Regional Administrator, NMFS PIRO (see address above).
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 Michael D. Tosatto, Regional
Administrator, NMFS PIRO (see address above) and by email to
OIRA_Submission@omb.eop.gov or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808-725-5032.
SUPPLEMENTARY INFORMATION:
Background on the Convention
The Convention on the Conservation and Management of Highly
Migratory
[[Page 43695]]
Fish Stocks in the Western and Central Pacific Ocean (Convention)
focuses on the conservation and management of highly migratory species
(HMS) and the management of fisheries for HMS. The objective of the
Convention is to ensure, through effective management, the long-term
conservation and sustainable use of HMS in the WCPO. To accomplish this
objective, the Convention established the Commission, which includes
Members, Cooperating Non-members, and Participating Territories. The
United States of America is a Member. American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands are Participating
Territories.
As a Contracting Party to the Convention and a Member of the
Commission, the United States is obligated to implement conservation
and management measures adopted by the Commission and other decisions
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et
seq.), authorizes the Secretary of Commerce, in consultation with the
Secretary of State and the Secretary of the Department in which the
United States Coast Guard is operating (currently the Department of
Homeland Security), to promulgate such regulations as may be necessary
to carry out the obligations of the United States under the Convention,
including the decisions of the Commission. The WCPFC Implementation Act
further provides that the Secretary of Commerce shall ensure
consistency, to the extent practicable, of fishery management programs
administered under the WCPFC Implementation Act and the Magnuson-
Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et
seq.), as well as other specific laws (see 16 U.S.C. 6905(b)). The
Secretary of Commerce has delegated the authority to promulgate
regulations under the WCPFC Implementation Act to NMFS. A map showing
the boundaries of the area of application of the Convention (Convention
Area), which comprises the majority of the WCPO, can be found on the
WCPFC Web site at: www.wcpfc.int/doc/convention-area-map.
Implementation of Commission Decisions
To date NMFS has implemented the Commission's decisions through
regulations establishing specific requirements, restrictions, and
prohibitions. This proposed rule includes several such specific
regulations, and it also includes more general regulations that would
establish a framework within which NMFS could establish specific
requirements and restrictions. Under the framework, NMFS would issue
and seek public comment on proposed specifications through
announcements in the Federal Register, and subsequently issue final
specifications through announcements in the Federal Register. The
specifications would be designed to satisfy the obligations of the
United States with respect to particular provisions of conservation and
management measures adopted by the Commission. The specifications could
include fishing effort limits, catch limits, and other restrictions on
particular fishing activities during specific periods and/or in
specific areas.
This proposed action is described in the following sections under
four categories. The first three categories are regulatory changes, and
include: (1) Framework to implement Commission decisions; (2)
requirement to obtain IMO number; and (3) other regulatory changes. The
last category proposes specifications for the purse seine fishery for
2015; specifically: (4) purse seine fish aggregation device (FAD)
restrictions.
Regulatory Changes
This proposed rule includes several elements, described in detail
below, that would be included in the regulations at 50 CFR part 300
Subpart O under three categories. The first would establish a framework
to implement Commission decisions, the second would require that
certain fishing vessels be issued IMO numbers, and the third would make
changes to several existing regulations to implement Commission
decisions, some of which are administrative in nature.
1. Framework To Implement Commission Decisions
The proposed rule would establish a framework under which NMFS
would specify fishing effort limits, catch limits, and other
restrictions and requirements in U.S. fisheries for HMS in the
Convention Area to implement particular decisions of the Commission.
The framework would not be used to implement all Commission decisions,
but rather those that are amenable to the framework process, such as
quantitative fishing effort limits and catch limits, and spatial and/or
temporal restrictions on specific fishing activities. For the purpose
of describing the proposed framework, all such restrictions and
requirements are called ``limits.''
Purpose of framework: The purpose of a framework is to make it
possible to manage fisheries more responsively under conditions
requiring ``real time'' management. Such conditions exist in the
context of the Convention because the Commission makes decisions that
must be implemented by its members quickly--often within 60 days of the
decision. The framework proposed here would allow NMFS to implement
Commission decisions more rapidly than it would be able to without such
a framework. The proposed framework, which would be codified at 50 CFR
part 300, subpart O, contains the parameters within which NMFS could
take specific actions, including the types of actions it could take, as
well as the procedures for doing so. Limits implemented by NMFS under
the proposed framework, called ``specifications,'' would be announced
in the Federal Register. Except when warranted and allowed by law,
specifications would be subject to prior public notice and comment. The
limits specified under the framework would likely, but not always, be
time-limited.
Types and details of limits: The types of limits that would be
specified under the framework include quantitative limits on the weight
or number of fish that may be caught, retained, transshipped, landed,
and/or sold; quantitative limits on the amount of fishing effort that
may be expended, such as in terms of amounts of time vessels spend at
sea or engaged in fishing or engaged in particular fishing activities
or other measures of fishing effort, such as the number of gear sets or
deployments of gear; and restrictions or prohibitions on particular
fishing activities in certain areas and/or periods.
Most recent Commission decisions do not apply in territorial seas
or archipelagic waters. Accordingly, the framework regulations would
state that any specified limit would not--unless otherwise indicated in
the specification--apply in the territorial seas or archipelagic waters
of the United States or any other nation, as defined by the domestic
laws and regulations of that nation and recognized by the United
States. If a Commission decision does apply in territorial seas and/or
archipelagic waters, the specification issued by NMFS to implement that
decision would specify that it does apply in those areas.
For each limit specified under the framework, NMFS would identify
the area and period in which it applies, and as appropriate, the vessel
types, gear types, species, fish sizes, and any other relevant
attributes to which it applies. For spatial or temporal limits, NMFS
would also specify the specific activities that would be restricted in
the area or period, and for quantitative limits, NMFS would specify the
restrictions
[[Page 43696]]
and requirements that would go into effect after the limit is reached
and the applicable dates of those restrictions and requirements. These
restrictions and requirements could include a prohibition on the catch,
retention, transshipment and/or landing of specific species or specific
sizes of specific species, a prohibition on the use of specific fishing
gears or methods, restrictions on specific fishing activities, and
reporting or other requirements.
Fisheries affected: In the decisions of the Commission, the three
Participating Territories of the United States--American Samoa, the
Commonwealth of the Northern Mariana Islands, and Guam--often are
treated separately from the United States. For example, the fisheries
of the territories often are subject to different controls and limits
than are the fisheries of the United States. Therefore, to implement
the Commission decisions, it is necessary to distinguish the fisheries
from each other because fishing vessels from the Participating
Territories are flagged vessels of the United States. The proposed
regulatory framework would include criteria to distinguish the
fisheries from each other, for the purpose of attributing fishing
effort and catch among the fisheries, and determining to which vessels
a given restriction applies. The proposed criteria mirror those used in
previous regulations issued under the WCPFC Implementation Act. Under
the proposed criteria, all fishing activities by U.S. fishing vessels
would be considered to be part of a fishery of the United States except
as follows:
1. Except as provided under paragraphs 2 and 3 below, if catch is
landed in American Samoa, Guam, or the Commonwealth of the Northern
Mariana Islands, the catch and associated fishing effort are considered
part of a fishery of the territory in which it is landed, provided
that: (a) It was not caught using purse seine gear; (b) it was not
caught in any portion of the U.S. exclusive economic zone (EEZ) other
than the portion of the U.S. EEZ surrounding the territory in which it
was landed; and (c) it was landed by a fishing vessel operated in
compliance with a valid permit issued under 50 CFR 660.707 or 665.801.
2. Except as provided under paragraph 3 below, if catch is made by
longline gear by a vessel registered for use under a valid American
Samoa Longline Limited Access Permit issued under 50 CFR 665.801(c),
the catch and associated fishing effort are considered part of a
fishery of American Samoa, provided that: (a) It was not caught in any
portion of the U.S. EEZ other than the portion of the U.S. EEZ
surrounding American Samoa; and (b) it was landed by a fishing vessel
operated in compliance with a valid permit issued under 50 CFR 660.707
or 665.801.
3. If catch or fishing effort is made by a vessel that is included
in a specified fishing agreement under 50 CFR 665.819(c), the catch and
associated fishing effort are considered part of a fishery of American
Samoa, Guam, or the Commonwealth of the Northern Mariana Islands,
according to the terms of the agreement to the extent the agreement is
consistent with 50 CFR 665.819(c) and other applicable laws, provided
that: (a) The start date specified in 50 CFR 665.819(c)(9)(i) has
occurred or passed; and (b) NMFS has not made a determination under 50
CFR 665.819(c)(9)(iii) that the catch or fishing effort exceeds any
limit allocated to the territory that is a party to the agreement.
Allocation of limits: Under the proposed framework, NMFS could
allocate a Commission-mandated limit among different fisheries sectors,
such as among groups of fishing vessels that use different types of
fishing gear. For example, given a Commission decision to limit catches
of a particular species irrespective of the type of fishing gear used
to catch it, NMFS could decide to allocate the limit between the
longline and the purse seine fisheries, using the proposed framework to
establish specific limits for each of the two fisheries. NMFS could
also use the framework to specify limits for particular fisheries even
when the Commission-mandated limit is not specific to particular
fisheries.
The proposed framework would not be used to allocate Commission-
mandated limits among individual fishing vessels (except in the case
where a single fishing vessel comprises an entire sector or fishery).
This would not preclude NMFS from allocating Commission-mandated limits
among individual fishing vessels through separate regulations.
Framework procedures: The framework's procedures for specifying
limits would be as follows: NMFS would publish in the Federal Register
a notice of the proposed specification and a request for public comment
on the proposed specification. The proposed specification would include
all the relevant characteristics of the limit. After consideration of
public comment received on the proposed specification, NMFS would
publish in the Federal Register a notice of the final specification.
Consequences of limits being reached: For quantitative limits, NMFS
would monitor catch or fishing effort with respect to the specified
limit using data submitted in vessel logbooks and other available
information. When NMFS estimates or projects that the specified limit
has been or will be reached, NMFS would publish a notification to that
effect in the Federal Register. For quantitative limits, this
notification would include an advisement that specific activities will
be restricted, and/or that certain requirements will be in place,
during a specific period. The notification would specify the
restrictions and requirements and the specific activities to which they
apply and the start and end dates and times of those restrictions. The
start date of the restrictions and requirements would not be earlier
than 7 days after the date of filing the closure notice for public
inspection at the Office of the Federal Register.
2. Requirement To Obtain IMO Number
This element of the proposed rule would apply to all U.S. fishing
vessels (including those participating in the fisheries of the U.S.
Participating Territories) that are used for commercial fishing for
highly migratory fish stocks in the Convention Area either on the high
seas or in waters under the jurisdiction of a foreign nation, and the
gross tonnage of which is at least 100 GRT (gross register tons) or 100
GT (gross tons) ITC. This requirement would implement a decision of the
Commission made in 2013 as part of CMM 2013-10, ``WCPFC Record of
Fishing Vessels and Authorization to Fish.'' CMM 2013-10 requires each
member of the Commission, including the United States, to maintain a
record of its fishing vessels that are authorized to fish in the
Convention Area beyond its area of national jurisdiction, and to
periodically share the information in its record with the Commission.
As reflected in CMM 2013-10, in 2013 the Commission decided to require
that an additional piece of information be included in members' records
for fishing vessels whose gross tonnage is at least 100 GRT or 100 GT:
The International Maritime Organization (IMO) number or Lloyd's
Register number. An IMO number, also known as an IMO ship
identification number, is the number issued for a ship or vessel under
the ship identification number scheme established by the International
Maritime Organization. An IMO number is unique and stays with the
vessel for its life, regardless of changes in the vessel's flag, name,
ownership, or other attributes. As used in CMM 2013-10, ``Lloyd's
Register number,'' or ``LR number,'' has the same meaning as IMO
[[Page 43697]]
number except that the former refers to the number issued for a vessel
that is not required--under IMO agreements--to be issued an IMO number.
The administrator of the IMO ship identification number scheme issues
both types of numbers using the same numbering scheme. Hereafter in
this proposed rule, ``IMO number'' is used to refer to both IMO numbers
and Lloyd's Register numbers. Currently, IMO numbers are issued on
behalf of the IMO by IHS Maritime, the current administrator of the IMO
ship identification number scheme.
For each of the subject fishing vessels described above, this
proposed rule would require that the owner of the fishing vessel ensure
that an IMO number has been issued for the vessel. Furthermore,
satisfying this requirement, if applicable, would be made a
prerequisite for eligibility to receive a WCPFC Area Endorsement. The
WCPFC Area Endorsement is the endorsement required--along with a high
seas fishing permit--for a U.S. fishing vessel to be used for
commercial fishing for HMS on the high seas in the Convention Area (see
50 CFR 300.212).
If not already issued, the vessel owner may request that an IMO
number be issued by following the instructions given by IHS Maritime,
available at: www.imonumbers.lrfairplay.com/default.aspx. There is no
fee for making such a request or having an IMO number issued, but
specific information about the fishing vessel and its ownership and
management must be provided to the administrator of the scheme.
Because IHS Maritime is not affiliated with the U.S. government and
its actions are outside the control of NMFS and the U.S. government,
the proposed rule includes a process for fishing vessel owners to claim
to NMFS that they are unable--through no fault of their own--to obtain
IMO numbers. NMFS would review the claim, assist the fishing vessel
owner as appropriate, and if it determines that it is infeasible or
impractical for the fishing vessel owner to comply with the
requirement, NMFS would issue an exemption from the requirement for a
specific or indefinite amount of time. The exemption would become void
if ownership of the fishing vessel changes.
3. Other Regulatory Changes
The proposed rule includes several other changes to the existing
regulations to enhance clarity and promote efficiency, some of which
are administrative in nature.
First, this rule proposes to remove the regulations requiring that
U.S. purse seine vessels carry WCPFC observers on fishing trips in the
Convention Area (50 CFR 300.223(e)) because the applicable dates of the
requirements, which extended through December 31, 2014, have passed.
NMFS emphasizes that U.S. purse seine vessels operating in the
Convention Area are, and will likely continue to be, subject to
requirements to carry WCPFC observers under the current regulations at
50 CFR 300.215. Under this section, U.S. fishing vessels operating in
the Convention Area must carry a WCPFC observer when directed to do so
by NMFS. NMFS has issued such directions to purse seine vessel owners
for 2015, and anticipates doing so in subsequent years.
Second, this rule proposes to revise the definition of ``fishing
day'' to remove the reference to 50 CFR 300.223. As currently defined
at 50 CFR 300.211, the term applies only to the regulations at 50 CFR
300.223, ``Purse seine fishing restrictions,'' which establish limits
on purse seine fishing effort, restrictions on the use of FADs, and
other restrictions that apply to purse seine fishing. Because under
this proposed rule some restrictions of those types would be
established under a new regulatory section devoted to the framework,
NMFS proposes to revise the term ``fishing day'' to apply more broadly
to all the regulations in 50 CFR part 300 subpart O, but it would
continue to be limited to the activities of purse seine fishing
vessels. Under this proposed rule, ``fishing day'' would mean, for
fishing vessels equipped with purse seine gear, any day in which a
fishing vessel searches for fish, deploys a FAD, services a FAD, or
sets a purse seine, with the exception of setting a purse seine solely
for the purpose of testing or cleaning the gear and resulting in no
catch.
Third, this rule proposes to remove certain elements of the
existing regulations that require purse seine vessels in the Convention
Area to retain on board all the catch of three species of tuna (bigeye
tuna, yellowfin tuna, and skipjack tuna), with certain exceptions (50
CFR 300.223(d)), because they are obsolete. When the first version of
these regulations was established in 2009 (final rule published August
4, 2009; 74 FR 38544), the catch retention requirements were made
contingent on a continuing determination by NMFS that there are an
adequate number of WCPFC observers available for the purse seine
vessels of all members of the Commission as necessary to ensure
compliance by such vessels with the catch retention requirements. This
contingency was based on the provisions of the Commission decision
being implemented at the time, CMM 2008-01, which included a qualifier
that the catch retention requirements were subject to implementation by
Commission members of 100 percent observer coverage for purse seine
vessels. However, CMM 2014-01, a successor to CMM 2008-01, which is
currently in effect, does not include any such qualifier for the catch
retention requirements. Thus, this proposed rule would remove
paragraphs (1) and (2) of 50 CFR 300.223(d), which contain the
contingencies.
Fourth, this rule proposes to make changes to the requirements
related to the installation and operation of vessel monitoring system
(VMS) units on fishing vessels that are used to fish commercially for
HMS on the high seas in the Convention Area. The current regulations at
50 CFR 300.219 require the owner and the operator (i.e., the master or
other individual aboard and in charge of the vessel) of any such vessel
to expressly authorize NMFS and the Commission to receive and relay
transmissions from the VMS unit. NMFS proposes to revise those
regulations to provide NMFS and the Commission with an implicit
authorization to receive and relay transmissions from the unit. In
other words, under the proposed change, an explicit written
authorization from the vessel owner and operator would not be needed
for NMFS and the Commission to receive and relay transmissions from the
VMS unit. NMFS recognizes this requirement is an unnecessary step and
therefore is proposing to remove this requirement.
Finally, this rule proposes changes to the requirement for the
owners or operators of U.S. purse seine vessels to submit to NMFS daily
reports on how many sets were made on FADs. These reports enable NMFS
to monitor the number of purse seine sets on FADs (``FAD sets'') to
determine if they are within the established limits. The existing
requirement, at 50 CFR 300.218(g), only goes into effect when NMFS
publishes a notice in the Federal Register announcing that it is in
effect. NMFS has never issued such a notice because there is currently
no limit on the number of FAD sets. NMFS expects that the proposed
framework to implement Commission decisions, as described earlier in
the preamble, could be used to establish limits on FAD sets in the
future. NMFS proposes to revise the daily FAD reporting requirement to
make the daily report process more efficient, if FAD limits are put in
place. Under the proposed revisions, NMFS would remove the requirement
for the publication of a Federal Register notice,
[[Page 43698]]
and instead allow NMFS to contact vessel owners or operators directly
with instructions on the timing and submission of the reports. This
would give NMFS more flexibility in specifying when the reports are
required. NMFS anticipates directing vessel owners or operators to
submit the reports only in periods during which limits on FAD sets are
in place. Under the proposed revised reporting requirement, if directed
by NMFS, the owner or operator of any fishing vessel of the United
States equipped with purse seine gear must report to NMFS, within 24
hours of the end of each day that the vessel is at sea in the
Convention Area the number of purse seine sets that were made on FADs
during the period and in the format and manner directed by the NMFS
Pacific Islands Regional Administrator.
Proposed Specifications
Using the framework proposed to be established at 50 CFR 300.227,
as described above, NMFS proposes specifications to implement
particular provisions of CMM 2014-01, ``Conservation and Management
Measure for Bigeye, Yellowfin and Skipjack Tuna in the Western and
Central Pacific Ocean,'' adopted at the Commission's Eleventh Regular
Session, in December 2014. CMM 2014-01 is a successor to, and is only
slightly modified from, CMM 2013-01. These and other WCPFC conservation
and management measures are available at: www.wcpfc.int/conservation-and-management-measures.
The stated general objective of CMM 2014-01, and several of its
predecessor CMMs, is to ensure that the stocks of bigeye tuna,
yellowfin tuna, and skipjack tuna in the WCPO are, at a minimum,
maintained at levels capable of producing their maximum sustainable
yield as qualified by relevant environmental and economic factors. CMM
2014-01 includes specific objectives for each of the three stocks; the
common objective is that the fishing mortality rate is to be reduced to
or maintained at levels no greater than the fishing mortality rate
associated with maximum sustainable yield.
The provisions of CMM 2014-01 apply on the high seas and in EEZs in
the Convention Area; that is, they do not apply in territorial seas or
archipelagic waters.
CMM 2014-01 went into effect February 3, 2015, and is generally
applicable for the 2015-2017 period. The CMM includes provisions for
purse seine vessels, longline vessels, and other types of vessels that
fish for HMS.
The specifications proposed here are for 2015 only. NMFS
anticipates proposing specifications for subsequent years separately,
and generally on a year-by-year basis.
The only provisions of the CMM that would be implemented in the
specifications proposed here are those related to restrictions on the
use of FADs in purse seine fisheries. For reasons of timing, NMFS
intends to implement the CMM's provisions for longline fisheries,
specifically, the provisions requiring that longline catches of bigeye
tuna in the Convention Area in 2015 be limited to specified levels,
through a separate rulemaking that would not make use of the framework
proposed in this document (the catch limit for 2015 would be
established in regulations at 50 CFR 300.224, as done in previous
years). However, for years subsequent to 2015, NMFS anticipates using
the proposed framework to establish longline bigeye tuna catch limits,
as well as to implement other Commission decisions.
Below, the proposed specification related to purse seine FAD
restrictions is introduced by describing the relevant provisions of CMM
2014-01, or the ``Commission decision.'' That description is followed
by a description of the basis for NMFS' proposed specification, and the
proposed specification itself.
4. Purse Seine FAD Restrictions
Commission decision: Paragraphs 14-19 of CMM 2014-01 require WCPFC
members to implement certain restrictions on the use of FADs by purse
seine fishing vessels. All the restrictions are to be applied in the
Convention Area between the latitudes of 20[deg] N. and 20[deg] S.
Paragraph 14 requires that WCPFC members prohibit specific
activities related to FADs by their purse seine vessels during July
through September (called a ``FAD prohibition period'' here) in each of
2015, 2016, and 2017. Paragraphs 15-18 require that WCPFC members
impose additional restrictions on the use of FADs in 2015, 2016, and
2017, some of which are contingent on further Commission decision-
making. Until those decisions are taken, paragraphs 15-18, read in
combination, mean that the United States must either add a fourth
month, October, to the July-September FAD prohibition period in each of
2015, 2016, 2017, or limit the number of FAD sets in each of those
three years to 2,522. Finally, paragraph 18 also requires WCPFC members
to prohibit setting on FADs on the high seas in the Convention Area in
2017.
Basis for proposed specification: To implement paragraphs 14-19 of
CMM 2014-01 for 2015, NMFS proposes restrictions on the use of FADs by
U.S. purse seine vessels as follows.
In accordance with paragraph 14 of the CMM, in 2015 there would be
a FAD prohibition period from July through September. NMFS has already
established this three-month FAD prohibition period in regulations at
50 CFR 300.223(b) (see final rule published December 2, 2014; 79 FR
71327). It would be reiterated in the specification proposed here. In
addition, NMFS proposes to implement the first of the two FAD-related
options in paragraphs 15-18; that is, adding October to the FAD
prohibition period, because NMFS believes it is the more cost-effective
of the two options, taking into account the objectives of the CMM, the
expected economic impacts on U.S. fishing operations and the nation as
a whole, and expected environmental and other effects. The expected
environmental and economic effects of both options are described in the
PEA, RIR, and IRFA prepared for this proposed specification.
The specific activities that would be prohibited during the FAD
prohibition period in 2015 are the same as those during FAD prohibition
periods established by NMFS since 2009 (see proposed specifications
below).
NMFS does not propose changes to the definition of a FAD, and it
would remain as currently defined at 50 CFR 300.211. Although the
definition of a FAD does not include a vessel, the restrictions during
the FAD prohibition periods would include certain activities related to
fish that have aggregated in association with a vessel, or drawn by a
vessel, as described below.
Proposed specification for 2015: From July 1 through October 31,
2015, owners, operators, and crew of fishing vessels of the United
States shall not do any of the following activities in the Convention
Area in the area between 20[deg] N. latitude and 20[deg] S. latitude:
(1) Set a purse seine around a FAD or within one nautical mile of a
FAD.
(2) Set a purse seine in a manner intended to capture fish that
have aggregated in association with a FAD or a vessel, such as by
setting the purse seine in an area from which a FAD or a vessel has
been moved or removed within the previous eight hours, or setting the
purse seine in an area in which a FAD has been inspected or handled
within the previous eight hours, or setting the purse seine in an area
into which fish were drawn by a vessel from the vicinity of a FAD or a
vessel.
(3) Deploy a FAD into the water.
[[Page 43699]]
(4) Repair, clean, maintain, or otherwise service a FAD, including
any electronic equipment used in association with a FAD, in the water
or on a vessel while at sea, except that: (a) A FAD may be inspected
and handled as needed to identify the FAD, identify and release
incidentally captured animals, un-foul fishing gear, or prevent damage
to property or risk to human safety; and (b) A FAD may be removed from
the water and if removed may be cleaned, provided that it is not
returned to the water.
(5) From a purse seine vessel or any associated skiffs, other
watercraft or equipment, do any of the following, except in emergencies
as needed to prevent human injury or the loss of human life, the loss
of the purse seine vessel, skiffs, watercraft or aircraft, or
environmental damage: (a) Submerge lights under water; (b) suspend or
hang lights over the side of the purse seine vessel, skiff, watercraft
or equipment, or; (c) direct or use lights in a manner other than as
needed to illuminate the deck of the purse seine vessel or associated
skiffs, watercraft or equipment, to comply with navigational
requirements, and to ensure the health and safety of the crew.
Classification
The Administrator, Pacific Islands Region, NMFS, has determined
that this proposed rule and these proposed specifications are
consistent with the WCPFC Implementation Act and other applicable laws,
subject to further consideration after public comment.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act (RFA)
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA. The IRFA describes the economic
impact this proposed rule and specifications, 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 in the
SUMMARY section of the preamble and in other sections of this
SUPPLEMENTARY INFORMATION section of the preamble. The analysis
follows:
Estimated Number of Small Entities Affected
Small entities include ``small businesses,'' ``small
organizations,'' and ``small governmental jurisdictions.'' The Small
Business Administration (SBA) has established size standards for all
major industry sectors in the United States, including commercial
finfish harvesters (NAICS code 114111). A business primarily involved
in finfish harvesting is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $20.5 million for all its affiliated operations
worldwide.
The proposed rule and specifications would apply to owners and
operators of U.S. fishing vessels used for commercial fishing for HMS
in the Convention Area. With the exception of the requirement to obtain
an IMO number, the substantive elements of the rule and specifications
(i.e., those elements that could bring economic impacts to affected
entities) would apply only to purse seine vessels. NMFS estimates that
of all the U.S. fishing vessels to which the IMO number requirement
would apply, only 7 do not already have an IMO number. Of the 7, 1 is a
purse seine vessel, 4 are longline vessels, and 2 are troll vessels.
The number of purse seine vessels that would be affected by the
purse seine specifications is the number of vessels licensed under the
Treaty on Fisheries between the Governments of Certain Pacific Island
States and the Government of the United States of America (South
Pacific Tuna Treaty, or SPTT). The current number of licensed vessels
is 37. The maximum number allowed under the SPTT, apart from joint
venture licenses, none of which have ever been issued, is 40.
Thus, the fish harvesting entities that would be affected by the
proposed rule and specifications include about 37 purse seine vessels,
4 longline vessels, and 2 troll vessels.
Based on (limited) available financial information about the
affected fishing vessels and the SBA's small entity size standards for
commercial finfish harvesters, and using individual vessels as proxies
for individual businesses, NMFS believes that all the affected fish
harvesting businesses are small entities. NMFS used average per-vessel
returns over recent years to estimate annual revenue because gross
receipts and ex-vessel price information specific to the affected
vessels are not available to NMFS. For the purse seine fishery, NMFS
estimates that the average annual receipts over 2010-2012 for each
purse seine vessel were less than the $20.5 million threshold for
finfish harvesting businesses (the greatest was about $19 million)
based on the catches of each vessel in the purse seine fleet during
that period, and indicative regional cannery prices developed by the
Pacific Islands Forum Fisheries Agency (available at https://www.ffa.int/node/425#attachments). Since 2012, cannery prices have
declined dramatically, so the vessels' revenues in 2013 and 2014 have
very likely declined as well. For the longline fishery, the ex-vessel
value of catches by the Hawaii longline fleet in 2012 was about $87
million. With 129 active vessels in that year, per-vessel average
revenues were about $0.7 million, well below the $20.5 million
threshold for finfish harvesting businesses.
Recordkeeping, Reporting, and Other Compliance Requirements
The recordkeeping, reporting, and other compliance requirements are
discussed below for each of the main elements of the proposed rule and
proposed specifications, as described earlier in the SUPPLEMENTARY
INFORMATION section of the preamble. Fulfillment of these requirements
is not expected to require any professional skills that the affected
vessel owners and operators do not already possess. The costs of
complying with the proposed requirements are described below to the
extent possible:
1. Framework To Implement Commission Decisions
The proposed framework would establish administrative procedures
for implementing Commission decisions. It would not in itself establish
any requirements for owners or operators of fishing vessels or other
entities, so it is not discussed further in this IRFA.
2. Requirement To Obtain IMO Number
The requirement to obtain an IMO number would be a one-time
requirement; once a number has been issued for a vessel, the vessel
would be in compliance for the remainder of its life, regardless of
changes in ownership. Most entities that would be required to obtain an
IMO number already have them. NMFS estimates that 7 fishing vessels
(that are currently in the fishery) would initially be subject to the
requirement, and projects that as fishing vessels enter the fishery in
the future, roughly two per year would be required to obtain IMO
numbers. Completing and submitting the application form (which can be
done online and requires no fees) would take about 30 minutes per
applicant, on average. Assuming a value of labor of approximately $26
per hour and communication costs of about $1 per application, the (one-
time) cost to each entity would be about $14.
[[Page 43700]]
3. Other Regulatory Changes
Among the proposed rule's other regulatory changes, only the change
to the daily FAD reporting requirements has the potential to bring
economic impacts to affected entities. Under the existing regulations,
when NMFS triggers the daily FAD reporting requirement through an
announcement in the Federal Register, the vessel owner or operator has
to complete and submit the reports each day while the fishing vessel is
at sea in the Convention Area. NMFS currently estimates this cost to be
about $1,360 per vessel per year. Under the proposed change, the vessel
owner or operator would have to complete and submit the reports only if
and when directed by NMFS. Because the proposed purse seine FAD
restrictions for 2015 do not include any FAD set limits, it is unlikely
that NMFS would direct vessel operators to submit reports for 2015.
Thus, the change would potentially reduce the reporting costs to
affected purse seine entities during this period.
4. Purse Seine FAD Restrictions
The proposed FAD prohibition period in July-October in 2015 would
substantially constrain the manner in which purse seine fishing could
be conducted in that period in the Convention Area; vessels would be
able to set only on free, or ``unassociated,'' schools.
The costs associated with the FAD restrictions cannot be
quantitatively estimated, but the fleet's historical use of FADs can
give a qualitative estimate of the costs. In the years 1997-2013, the
proportion of sets made on FADs in the U.S. purse seine fishery ranged
from less than 30 percent in some years to more than 90 percent in
others. Thus, the importance of FAD sets in terms of profits appears to
be quite variable over time, and is probably a function of many
factors, including fuel prices (unassociated sets involve more
searching time and thus tend to bring higher fuel costs than FAD sets)
and market conditions (e.g., FAD fishing, which tends to result in
greater catches of lower-value skipjack tuna and smaller yellowfin tuna
and bigeye tuna than unassociated sets, might be more attractive and
profitable when canneries are not rejecting small fish). Thus, the
costs of complying with the FAD restrictions would depend on a variety
of factors.
In 2010-2013, the last 4 years for which complete data are
available and for which there was 100 percent observer coverage, the
U.S. WCPO purse seine fleet made about 39 percent of its sets on FADs.
During the months when setting on FADs was allowed, the percentage was
about 58 percent. The fact that the fleet has made such a substantial
portion of its sets on FADs indicates that prohibiting the use of FADs
for four months each year could bring substantial costs and/or revenue
losses.
To mitigate these impacts, vessel operators might choose to
schedule their routine vessel and equipment maintenance during the FAD
prohibition periods. However, the limited number of vessel maintenance
facilities in the region might constrain vessel operators' ability to
do this. It also is conceivable that some vessels might choose not to
fish at all during the FAD prohibition periods rather than fish without
the use of FADs. Observations of the fleet's behavior in 2009-2013,
when FAD prohibition periods were in effect, do not suggest that either
of these responses occurred to an appreciable degree. The proportion of
the fleet that fished during the two- and three-month FAD prohibition
periods of 2009-2013 did not appreciably differ from the proportion
that fished during the same months in the years 1997-2008, when no FAD
prohibition periods were in place.
In summary, the economic impacts of the FAD prohibition period in
2015 cannot be quantified, but they could be substantial. Their
magnitude would depend in part on market conditions, ocean conditions
and the magnitude of any limits on allowable levels of fishing effort
in foreign EEZs and on the high seas in the Convention Area.
Disproportionate Impacts
As indicated above, all affected entities are believed to be small
entities, thus small entities would not be disproportionately affected
relative to large entities. Nor would there be disproportionate
economic impacts based on home port.
As indicted above, there could be disproportionate impacts
according to vessel type and size and the types of fishing permits
held.
Duplicating, Overlapping, and Conflicting Federal Regulations
NMFS has not identified any Federal regulations that duplicate,
overlap with, or conflict with the proposed regulations, with the
exception of a Federal regulation that duplicates to some extent the
daily FAD reporting requirement that would be revised under the
proposed rule. Existing regulations at 50 CFR 300.34 require that a
record of catch, effort and other information must be maintained on
board vessels licensed under the South Pacific Tuna Act, on catch
report forms known as Regional Purse Seine Logsheets, or RPLs. The RPLs
must be submitted to NMFS within two days of a vessel reaching port.
The RPLs include the information that would be required to be reported
under this proposed rule, such as, how many FAD sets were made on a
given day. However, the timing of the RPL requirement is such that it
would not provide NMFS with the information it needs to estimate and
project FAD sets with respect to the proposed limit in a timely and
reliable manner. For that reason, NMFS established the daily FAD
reporting requirement that is duplicative in terms of the substance--
but not the timing--of one element of the existing RPL reporting
requirement. Under the revision proposed in this rule, that duplication
would remain.
Alternatives to the Proposed Provisions
NMFS has sought to identify alternatives that would minimize the
proposed provisions' economic impact on small entities (``significant
alternatives''). Taking no action could result in lesser adverse
economic impacts than the proposed action for many affected entities
(but as described above, for some affected entities, the proposed
provisions could be more economically beneficial than no-action), but
NMFS has determined that the no-action alternative would fail to
accomplish the objectives of the WCPFC Implementation Act, including
satisfying the international obligations of the United States as a
Contracting Party to the Convention, and NMFS does not prefer it for
that reason. Alternatives identified for each of the main elements of
the proposed rule and proposed specifications are discussed below:
1. Framework To Implement Commission Decisions
The proposed framework would not in itself establish any
requirements for owners or operators of fishing vessels or other
entities, so would not bring economic impacts. Thus, NMFS has not
identified any significant alternatives.
2. Requirement To Obtain IMO Number
NMFS has not identified any significant alternatives to the IMO
number requirement that would comport with U.S. obligations to
implement the Commission decision regarding IMO numbers.
3. Other Regulatory Changes
None of the other proposed regulatory changes are expected to bring
adverse
[[Page 43701]]
economic impacts to affected entities, so NMFS has not identified any
significant alternatives.
4. Purse Seine FAD Restrictions
NMFS considered in detail one alternative to the proposed
restrictions on the use of FADs. Under the alternative, purse seine
vessels would be subject to a three-month (July-September) FAD
prohibition period in 2015, and a limit of 2,522 FAD sets for the year.
This alternative would be consistent with the options available to the
United States under CMM 2014-01. The impacts of this alternative
relative to those of the proposed action would depend on the total
amount of fishing effort available to the U.S. purse seine fleet in the
Convention Area in 2015. If total available fishing effort is
relatively high, the proposed action would likely allow for more FAD
sets than would this alternative, and thus likely cause lesser adverse
impacts. The reverse would be the case for relatively low levels of
total available fishing effort. For example, given the fleet's
historical average FAD set ratio of 58 percent, and assuming an even
distribution of sets throughout the year, the estimated ``breakeven''
point between the two alternatives would be 6,502 total available sets
for the year. Although the amount of fishing effort that will be
available to the fleet in the future, particularly under the SPTT,
cannot be predicted with any certainty, 6,502 sets is substantially
less than the amounts of fishing effort that have been available to the
fleet since it has been operating under the SPTT. For that reason, NMFS
expects that the proposed action likely would cause less severe
economic impacts on the purse seine fleet and its participants than
would this alternative, and NMFS prefers the proposed action for that
reason.
Paperwork Reduction Act
This proposed rule contains three collection-of-information
requirements that are subject to review and approval by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act (PRA).
The first collection has been submitted to OMB for review and
approval under control number 0648-0595, ``Western and Central Pacific
Fisheries Convention Vessel Information Family of Forms.'' This
collection-of-information would be revised to include the requirement
for the owners of certain fishing vessels to ensure that IMO numbers
are issued for the vessels. This would be a one-time requirement; no
renewals or updates would be required during the life of a vessel. A
fishing vessel owner would request the issuance of an IMO number by
submitting specific information about the vessel and its ownership and
management to IHS Maritime, which issues IMO numbers on behalf of the
International Maritime Organization. If a fishing vessel requires an
exemption, the owner must provide the required information to NMFS.
Providing the required information would bring a reporting burden of
approximately 30 minutes per response.
The second collection, requirements related to installing and
operating vessel monitoring system units, has been approved by OMB
under control number 0648-0596, ``Vessel Monitoring System Requirements
under the Western and Central Pacific Fisheries Convention.'' Public
reporting burden for the VMS requirements is estimated to average 5
minutes per response for the activation reports and on/off reports, 4
hours per response for VMS unit purchase and installation, and 1 hour
per response for VMS unit maintenance.
The third collection, the daily FAD reporting requirement, has been
approved by OMB under control number 0648-0649, ``Transshipment
Requirements under the WCPFC.'' Public reporting burden for the daily
FAD report is estimated to average 10 minutes per response.
These estimated response times include time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Send comments regarding these burden estimates, or any other aspect
of the data collections, including whether the current and/or proposed
collections are necessary for the performance of the functions of the
agency, the accuracy of the agency's estimates of burden, ways to
enhance the utility and clarity of information, and suggestions for
reducing the burden, to Michael D. Tosatto, Regional Administrator,
NMFS PIRO (see ADDRESSES) and by email to OIRA_Submission@omb.eop.gov
or fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: July 17, 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 part 300 is
proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart O--Western and Central Pacific Fisheries for Highly
Migratory Species
0
1. The authority citation for 50 CFR part 300, subpart O, continues to
read as follows:
Authority: 16 U.S.C. 6901 et seq.
0
2. In Sec. 300.211, revise the definition of ``Fishing day'' to read
as follows:
Sec. 300.211 Definitions.
* * * * *
Fishing day means, for fishing vessels equipped with purse seine
gear, any day in which a fishing vessel searches for fish, deploys a
FAD, services a FAD, or sets a purse seine, with the exception of
setting a purse seine solely for the purpose of testing or cleaning the
gear and resulting in no catch.
* * * * *
0
3. In Sec. 300.217, add paragraph (c) to read as follows:
Sec. 300.217 Vessel identification.
* * * * *
(c) IMO numbers. (1) For the purpose of this section, an IMO number
is the unique number issued for a vessel under the ship identification
number scheme established by the International Maritime Organization
or, for vessels that are not strictly subject to that scheme, the
unique number issued by the administrator of that scheme using the
scheme's numbering format, sometimes known as a Lloyd's Register number
or LR number.
(2) The owner of a fishing vessel of the United States used for
commercial fishing for HMS in the Convention Area, either on the high
seas or in waters under the jurisdiction of any nation other than the
United States, shall request and obtain an IMO number for the vessel if
the gross tonnage of the vessel, as indicated on the vessel's current
Certificate of Documentation issued under 46 CFR part 67, is at least
100 GRT or 100 GT ITC. An IMO number may be requested for a vessel by
following the instructions given by the administrator of the IMO ship
identification number scheme; those instructions are currently
available on
[[Page 43702]]
the Web site of IHS Maritime, at: www.imonumbers.lrfairplay.com/default.aspx.
(3) In the event that the owner of a fishing vessel subject to the
requirement of paragraph (c)(2) of this section, after following the
instructions given by the administrator of the IMO ship identification
number scheme, is unable to obtain an IMO number for the fishing
vessel, the fishing vessel owner may request an exemption from the
requirement from the Pacific Islands Regional Administrator. The
request must be sent by mail to the Pacific Islands Regional
Administrator or by email to pir.wcpfc@noaa.gov and must include the
vessel's name, the vessel's official number, a description of the steps
taken to request an IMO number, and a description of any responses from
the administrator of the IMO ship identification number scheme.
(4) Upon receipt of a request for an exemption under paragraph
(c)(3) of this section, the Pacific Islands Regional Administrator
will, to the extent he or she determines appropriate, assist the
fishing vessel owner in requesting an IMO number. If the Pacific
Islands Regional Administrator determines that it is infeasible or
impractical for the fishing vessel owner to obtain an IMO number for
the fishing vessel, he or she will issue an exemption from the
requirements of paragraph (c)(2) of this section for the subject
fishing vessel and its owner and notify the fishing vessel owner of the
exemption. The Pacific Islands Regional Administrator may limit the
duration of the exemption. The Pacific Islands Regional Administrator
may rescind an exemption at any time. If an exemption is rescinded, the
fishing vessel owner must comply with the requirements of paragraph
(c)(2) of this section within 30 days of being notified of the
rescission. If the ownership of a fishing vessel changes, an exemption
issued to the former fishing vessel owner becomes void.
0
4. In Sec. 300.218, revise paragraph (g) to read as follows:
Sec. 300.218 Reporting and recordkeeping requirements.
* * * * *
(g) Daily FAD reports. If directed by NMFS, the owner or operator
of any fishing vessel of the United States equipped with purse seine
gear must report to NMFS, for the period and in the format and manner
directed by the Pacific Islands Regional Administrator, within 24 hours
of the end of each day that the vessel is at sea in the Convention
Area, the number of purse seine sets were made on FADs during that day.
* * * * *
0
5. In Sec. 300.219, revise paragraphs (c)(1) and (5) to read as
follows:
Sec. 300.219 Vessel monitoring system.
* * * * *
(c) * * *
(1) VMS unit. The vessel owner and operator shall install and
maintain on the fishing vessel, in accordance with instructions
provided by the SAC and the VMS unit manufacturer, a VMS unit that is
type-approved by NMFS for fisheries governed under the Act. The vessel
owner and operator shall arrange for a NMFS-approved mobile
communications service provider to receive and relay transmissions from
the VMS unit to NMFS. NMFS makes available lists of type-approved VMS
units and approved mobile communications service providers. NMFS and
the Commission are authorized to receive and relay transmissions from
the VMS unit.
* * * * *
(5) Related VMS requirements. Installing, carrying and operating a
VMS unit in compliance with the requirements in part 300 of this title,
part 660 of this title, or part 665 of this title relating to the
installation, carrying, and operation of VMS units shall be deemed to
satisfy the requirements of paragraph (c) of this section, provided
that the VMS unit is operated continuously and at all times while the
vessel is at sea, the VMS unit is type-approved by NMFS for fisheries
governed under the Act, and the specific requirements of paragraph
(c)(4) of this section are complied with. If the VMS unit is owned by
NMFS, the requirement under paragraph (c)(4) of this section to repair
or replace the VMS unit will be the responsibility of NMFS, but the
vessel owner and operator shall be responsible for ensuring that the
VMS unit is operable before leaving port or starting the next trip.
* * * * *
0
6. In Sec. 300.222:
0
a. Remove paragraphs (x) and (z);
0
b. Redesignate paragraphs (y) and (aa) as paragraphs (x) and (y),
respectively;
0
c. Redesignate paragraphs (bb) through (ww) as (z) through (uu),
respectively; and
0
d. Add paragraphs (vv) and (ww) to read as follows:
Sec. 300.222 Prohibitions.
* * * * *
(vv) Fail to obtain an IMO number for a fishing vessel as required
in Sec. 300.217(c).
(ww) Fail to comply with any of the limits, restrictions,
prohibitions, or requirements specified under Sec. 300.227.
0
7. In Sec. 300.223, revise paragraph (d), and remove and reserve
paragraph (e) to read as follows:
Sec. 300.223 Purse seine fishing restrictions.
* * * * *
(d) Catch retention. An owner and operator of a fishing vessel of
the United States equipped with purse seine gear must ensure the
retention on board at all times while at sea within the Convention Area
any bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares),
or skipjack tuna (Katsuwonus pelamis), except in the following
circumstances and with the following conditions:
(1) Fish that are unfit for human consumption, including but not
limited to fish that are spoiled, pulverized, severed, or partially
consumed at the time they are brought on board, may be discarded.
(2) If at the end of a fishing trip there is insufficient well
space to accommodate all the fish captured in a given purse seine set,
fish captured in that set may be discarded, provided that no additional
purse seine sets are made during the fishing trip.
(3) If a serious malfunction of equipment occurs that necessitates
that fish be discarded.
(e) [Reserved]
* * * * *
0
8. Add Sec. 300.227 to subpart O to read as follows:
Sec. 300.227 Framework for catch and fishing effort limits.
(a) General. To implement conservation and management measures
adopted by the Commission, the Pacific Islands Regional Administrator
may specify limits on catch or fishing effort by fishing vessels of the
United States in the Convention Area, and other fishing-related
restrictions and requirements (collectively called ``limits''). The
limits will be designed to satisfy the obligations of the United States
with respect to particular provisions of Commission-adopted
conservation and management measures. For each specified limit, the
Pacific Islands Regional Administrator will specify the area and period
in which it applies, and as appropriate, the vessel types, gear types,
species, fish sizes, and any other relevant attributes to which it
applies. In addition to quantitative limits on catches and fishing
effort, the Pacific Islands Regional Administrator may specify areas or
periods in which particular fishing activities are restricted or
[[Page 43703]]
prohibited, and other fishing-related requirements. For each specified
quantitative limit, the Pacific Islands Regional Administrator will
also specify the prohibitions and requirements that would go into
effect after the limit is reached and the applicable dates of those
prohibitions.
(b) Application in territorial seas and archipelagic waters. Unless
stated otherwise in particular specifications, the limits specified
under the framework shall not apply in the territorial seas or
archipelagic waters of the United States or any other nation, as
defined by the domestic laws and regulations of that nation and
recognized by the United States.
(c) Types of limits. The types of limits that may be specified
under this section include, but are not limited to:
(1) Limits on the weight or number of fish or other living marine
resources of specific types and/or sizes that may be caught, retained,
transshipped, landed, and/or sold;
(2) Limits on the amount of fishing effort that may be expended,
such as the amount of time vessels spend at sea (e.g., days at sea) or
engaged in fishing (e.g., fishing days), the amount of time vessels
spend engaged in particular fishing activities (e.g., trolling hours),
and the quantity of specific fishing activities (e.g., number of hooks
set; number of longline sets or purse seine sets; number of purse seine
sets made on FADs; number of FADs deployed); and
(3) Areas or periods in which particular activities are restricted
or prohibited, such as periods during which it is prohibited to set
purse seines on FADs or to use FADs in specific other ways.
(d) U.S. and territorial fisheries. For the purpose of
distinguishing the fisheries of the United States and the fisheries of
the United States territories from each other under limits specified
under this section, as needed to implement Commission conservation and
management measures, such as to determine the vessels to which a
specified limit applies or to attribute catch or fishing effort against
a specified limit, all fishing activity of a fishing vessel of the
United States, including its catch and fishing effort, is, for the
purpose of this section, considered part of a fishery of the United
States except as follows:
(1) Except as provided in paragraphs (d)(2) and (d)(3) of this
section, if catch is landed in American Samoa, Guam, or the
Commonwealth of the Northern Mariana Islands, the catch and associated
fishing effort are considered part of a fishery of the territory in
which it is landed, provided that:
(i) It was not caught using purse seine gear;
(ii) It was not caught in any portion of the EEZ other than the
portion of the EEZ surrounding the territory in which it was landed;
and
(iii) It was landed by a fishing vessel operated in compliance with
a valid permit issued under Sec. 660.707 or Sec. 665.801 of this
title.
(2) Except as provided in paragraph (d)(3) of this section, if
catch is made by longline gear by a vessel registered for use under a
valid American Samoa Longline Limited Access Permit issued under Sec.
665.801(c) of this title, the catch and associated fishing effort are
considered part of a fishery of American Samoa, provided that:
(i) It was not caught in any portion of the EEZ other than the
portion of the EEZ surrounding American Samoa; and
(ii) It was landed by a fishing vessel operated in compliance with
a valid permit issued under Sec. 660.707 or Sec. 665.801 of this
title.
(3) If catch or fishing effort is made by a vessel that is included
in a specified fishing agreement under Sec. 665.819(c) of this title,
the catch and associated fishing effort are considered part of a
fishery of American Samoa, Guam, or the Commonwealth of the Northern
Mariana Islands, according to the terms of the agreement to the extent
the agreement is consistent with Sec. 665.819(c) of this title and
other applicable laws, provided that:
(i) The start date specified in Sec. 665.819(c)(9)(i) of this
title has occurred or passed; and
(ii) NMFS has not made a determination under Sec.
665.819(c)(9)(iii) of this title that the catch or fishing effort
exceeds any limit allocated to the territory that is a party to the
agreement.
(e) Allocation of limits among sectors or vessels. (1) The Pacific
Islands Regional Administrator may allocate a Commission-mandated limit
among particular sectors or groups of fishing vessels of the United
States, such as for vessels that use different types of fishing gear.
In other words, the Pacific Islands Regional Administrator may specify
separate limits for different sectors or groups of fishing vessels even
when not required to do so under the Commission's conservation and
management measures.
(2) The Pacific Islands Regional Administrator may not, under this
framework, allocate a Commission-mandated limit among individual
fishing vessels of the United States. In other words, the Pacific
Islands Regional Administrator may not, under this framework, specify
limits for individual fishing vessels of the United States, except in
the case where there is only one fishing vessel in a sector or group of
fishing vessels that is subject to the limit. This does not preclude
NMFS from allocating Commission-mandated limits among individual
fishing vessels through other regulations.
(f) Procedures for specifying limits. (1) For each specified limit,
the Pacific Islands Regional Administrator will publish in the Federal
Register a notice of the proposed catch or fishing effort limit
specification and a request for public comment on the proposed
specification, unless exempted under the Administrative Procedure Act,
5 U.S.C. 553. The specification will include the characteristics of the
limit and the restrictions that will go into effect if the limit is
reached.
(2) For each specified limit that is subject to prior notice and
public comment, the Pacific Islands Regional Administrator will
consider any public comment received on the proposed specification, and
publish in the Federal Register a notice of the final catch or fishing
effort limit specification, if appropriate.
(g) Notification of limits being reached. For quantitative limits,
NMFS will monitor catch or fishing effort with respect to the specified
limit using data submitted in vessel logbooks and other available
information. When NMFS estimates or projects that the specified limit
has or will be reached, the Pacific Islands Regional Administrator will
publish notification to that effect in the Federal Register.
(h) Prohibitions after limit is reached. For quantitative limits,
the Federal Register notice published under paragraph (g) of this
section will include an advisement that specific activities will be
prohibited during a specific period. The notice will specify the
prohibitions and their start and end dates. The start date of the
prohibitions may not be earlier than 7 days after the date of filing
for public inspection at the Office of the Federal Register the notice
to be published under paragraph (g) of this section. The prohibited
activities may include, but are not limited to, possessing, retaining
on board, transshipping, landing, or selling specific types and/or
sizes of fish or other living marine resources, and fishing with
specified gear types or methods in specified areas. The Pacific Islands
Regional Administrator may, based on revised estimates or projections
of catch or fishing effort with respect to specified limits, rescind or
modify the prohibitions specified
[[Page 43704]]
under this section. The Pacific Islands Regional Administrator will
publish notice of any such rescissions or modifications in the Federal
Register.
[FR Doc. 2015-18050 Filed 7-22-15; 8:45 am]
BILLING CODE 3510-22-P