International Fisheries; Pacific Tuna Fisheries; Procedures for the Active and Inactive Vessel Register, 15556-15566 [2019-07300]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Proposed Rules]
[Pages 15556-15566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07300]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 216 and 300

[Docket No. 171227999-9220-02]
RIN 0648-BH48


International Fisheries; Pacific Tuna Fisheries; Procedures for 
the Active and Inactive Vessel Register

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing regulations under the Tuna Conventions Act 
of 1950 (TCA), as amended, to implement International Maritime 
Organization (IMO) requirements in Inter-American Tropical Tuna 
Commission (IATTC) Resolution C-18-06 (Resolution (Amended) on a 
Regional Vessel Register) and amendments to existing regulations 
related to the IATTC Regional Vessel Register (Vessel Register) for 
purse seine vessels fishing in the eastern Pacific Ocean (EPO). The 
proposed rule would expand the IMO number requirements to include 
certain categories of smaller U.S. vessels fishing for tuna and tuna-
like species in the EPO. The proposed rule would also modify 
regulations associated with the Vessel Register and prohibition and 
incidental catch provisions. These revisions would provide more clarity 
and make U.S. regulations more consistent with the IATTC management 
framework, while allowing controlled operational flexibility for the 
U.S. industry.

DATES: Comments on the proposed rule and supporting documents must be 
submitted in writing by May 16, 2019.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0030, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0030, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Daniel Studt, NMFS West 
Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long 
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2018-0030'' in the 
comments.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments received are a part of the public record and 
will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Copies of the draft Regulatory Impact Review and other supporting 
documents are available via the Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA-NMFS-2018-0030, or by contacting 
Daniel Studt, NMFS West Coast Region, 501 W Ocean Blvd., Suite 4200, 
Long Beach, CA 90802, or emailing [email protected].
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information

[[Page 15557]]

requirements contained in this proposed rule may be submitted to the 
NMFS West Coast Region Long Beach Office at the address listed above, 
by email to [email protected], or by fax to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Daniel Studt, NMFS, West Coast Region, 
562-980-4073.

SUPPLEMENTARY INFORMATION:

Background on the IATTC

    The United States is a member of the IATTC, which was established 
under the 1949 Convention for the Establishment of an Inter-American 
Tropical Tuna Commission. In 2003, the IATTC adopted the Antigua 
Convention, which was negotiated to strengthen and replace the 1949 
Convention establishing the IATTC. The Antigua Convention entered into 
force in 2010. The United States acceded to the Antigua Convention on 
February 24, 2016. The full text of the Antigua Convention is available 
at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
    The IATTC consists of 21 member nations and five cooperating non-
member nations (collectively termed CPCs). The IATTC facilitates 
scientific research, conservation, and management of tuna and tuna-like 
species in the IATTC Convention Area (Convention Area), defined as 
waters of the EPO within the area bounded by the west coast of the 
Americas and by 50[deg] N latitude, 150[deg] W longitude, and 50[deg] S 
latitude. The IATTC maintains a scientific research and fishery 
monitoring program and regularly assesses the status of tuna, shark, 
and billfish stocks in the EPO to determine appropriate catch limits 
and other measures to promote sustainable fisheries and prevent the 
overexploitation of these stocks.

International Obligations of the United States Under the Antigua 
Convention

    As a Party to the Antigua Convention and a member of the IATTC, the 
United States is legally bound to implement certain decisions of the 
IATTC. The TCA (16 U.S.C. 951 et seq.), as amended on November 5, 2015, 
by Title II of Public Law 114-81, directs the Secretary of Commerce, in 
consultation with the Secretary of State and, with respect to 
enforcement measures, the Secretary of the Department of Homeland 
Security, to promulgate such regulations as may be necessary to carry 
out the United States' international obligations under the Antigua 
Convention, including recommendations and decisions adopted by the 
IATTC. The Secretary of Commerce's authority to promulgate such 
regulations has been delegated to NMFS.

IATTC Resolution on IMO Numbers

    An International Maritime Organization (IMO) number is a unique 
vessel identifier that is permanently associated with the vessel hull, 
even if the vessel name or ownership changes or if the vessel is 
reflagged to another nation. For those reasons, there is a wide 
recognition that IMOs can be useful in helping combat illegal, 
unreported, and unregulated (IUU) fishing. The IMO, on December 6, 
2017, approved amendments to the IMO Ship Identification Number Scheme 
(IMO Resolution A.1117(30)) expanding fishing vessels' eligibility for 
IMO numbers. Prior to the amendments, only vessels 100 gross tonnage or 
above were eligible. The amendment extends eligibility to motorized 
inboard fishing vessels of less than 100 gross tons GT that are at 
least 12 meters in length overall and that are authorized to operate 
outside waters under the national jurisdiction of the flag State.
    The IATTC adopted IMO numbering requirements at its 87th meeting in 
July 2014. Resolution C-14-01 (Resolution (amended) on a Regional 
Vessel Register) required an IMO number or Lloyd's Register number for 
fishing vessels of at least 100 GT or 100 GRT authorized to fish in the 
Convention Area. A ``Lloyd's Register number,'' or ``LR number,'' has 
the same meaning as an IMO number except that an LR number refers to 
the number issued for a vessel not required to have an IMO number under 
IMO agreements. The administrator of the IMO ship identification number 
scheme issues both types of numbers using the same numbering scheme. 
CPCs are required to provide the IATTC Director IMO numbers for vessels 
authorized to fish in the Convention Area. NMFS implemented the IMO 
numbering requirements under Resolution C-14-01 for vessels equal to or 
greater than 100 GT or 100 GRT in a final rule, effective February 13, 
2016 (81 FR 1878).
    The IATTC adopted at its 93rd meeting in August 2018 Resolution C-
18-06 (Resolution (amended) on a Regional Vessel Register), which 
amended Resolution C-14-01. Resolution C-18-06 expands the IMO number 
requirement from all fishing vessels of at least 100 GRT or 100 GT to 
also include all inboard motorized fishing vessels (except for 
recreational fishing vessels) of 12 meters or greater in overall length 
(LOA) or registered length, provided that these vessels are authorized 
to fish for tuna or tuna-like species on the high seas in the 
Convention Area. Resolution C-18-06 is available at https://www.iattc.org/ResolutionsActiveENG.htm.

Previous IATTC Decisions Regarding Capacity in the Purse Seine Fishery

    In June 2002, at its 69th meeting, the IATTC adopted Resolution C-
02-03 (Resolution on the Capacity of the Tuna Fleet Operating in the 
Eastern Pacific Ocean) to limit fleet capacity to a level that would 
ensure sustainable tuna fisheries in the region. Resolution C-02-03 
established a total capacity limit of 158,000 cubic meters for all 
vessels authorized by the IATTC to fish for tuna species in the EPO. 
Each CPC was allocated a vessel capacity limit based on historical 
fishing levels in the EPO.
    When Resolution C-02-03 was adopted, the United States was 
allocated a total of 39,228 cubic meters of capacity in the purse seine 
fishery. The Resolution also allowed up to 32 U.S. purse seine vessels 
operating under an alternative international fisheries management 
regime (e.g., the South Pacific Tuna Treaty) to make a single trip in 
the EPO, not to exceed 90 days in length without counting towards the 
U.S. available fleet capacity. Due to removal and additions of vessels 
from the Vessel Register, the IATTC currently allows the United States 
up to 31,866 cubic meters of carrying capacity for its EPO purse seine 
fleet, as well as the additional 32 vessel trips.
    The United States promulgated regulations for Vessel Register 
requirements, including specific regulations for management of the list 
of active purse seine vessels. NMFS published a final rule in the 
Federal Register (76 FR 283; January 4, 2011) that required that all 
purse seine vessels, regardless of size, be on the Vessel Register and 
categorized as ``active'' in order to be authorized to fish for tuna in 
the Convention Area. The final rule also exempted small purse seine 
vessels (i.e., vessel with 362.8 metric tons carrying capacity or less) 
from frivolous request provisions for active status at 50 CFR 
300.22(b)(4)(ii), based on the difficulty of anticipating whether 
unassociated schools of tuna would come within their range off the U.S. 
West Coast during a given year. Vessels that do not utilize their 
active status to a certain extent are considered to have made a 
frivolous request for that year and become lower in the prioritization 
of requests for active status for the following year. Following that 
final rule, further input from stakeholders and further consideration 
of the U.S.-specific regulations

[[Page 15558]]

implementing Vessel Register requirements, NMFS sought additional 
public input on the measures.

Advance Notice of Proposed Rulemaking

    NMFS published an Advance Notice of Proposed Rulemaking (ANPR) on 
March 29, 2018 (83 FR 13466), requesting public comments on the 
administrative processes to improve the management of capacity limits 
associated with the Vessel Register. The capacity of U.S. purse seine 
vessels has approached the U.S. capacity limit in recent years, 
resulting in the inability to add vessels to the Vessel Register. In 
addition, requests to be added to the Vessel Register have exceeded the 
available IATTC-allotted capacity limit for the U.S. Uncertainty and an 
increase in the cost of fishing in other areas (e.g., the western 
central Pacific Ocean under the South Pacific Tuna Treaty) has led to 
an increase in the number of large purse seine vessels (i.e., greater 
than 362.8 metric tons (mt) carrying capacity) seeking fishing access 
in the Convention Area. Furthermore, since 2014, there has been 
increased interest in tuna from small purse seine vessels based on the 
U.S. West Coast. NMFS anticipates that these trends are likely to 
continue.
    NMFS received comments with suggestions for management measures 
from three stakeholders representing both small and large U.S. tuna 
purse seine vessels that fish in the EPO. Stakeholders submitted 
comments related to the fleet capacity limit, inactive status, small 
purse seine vessel requirements, vessel replacement process, and more. 
In developing this proposed rule, NMFS examined these comments for 
their validity under current IATTC resolutions and evaluated the 
likelihood of the perceived benefits to the U.S. EPO tuna purse seine 
fleet. The resulting actions in this proposed rule are described below.

Actions in This Proposed Rule

IMO Numbers

    Per Resolution C-18-06, the proposed rule would require that the 
owner of a fishing vessel of the United States engaging in fishing 
activities for tuna or tuna-like species in the Convention Area, and 
for which a high seas fishing permit under 50 CFR 300.333 is required, 
shall ensure that an IMO number has been issued for the vessel if the 
vessel's total internal volume is less than 100 GRT or less than 100 GT 
but equal to or greater than 12 meters in overall length. Vessel 
measurements will be based on the vessel's Certificate of Documentation 
issued under 46 CFR part 67, or State documentation. Currently, IMO 
numbers are issued on behalf of the IMO by IHS Markit, formerly known 
as IHS Maritime, at no cost to the vessel (https://imonumbers.lrfairplay.com/). The current instructions for requesting an 
exemption at 50 CFR 300.22(b)(3)(iv) would also apply to the vessels 
subject to this proposed IMO number requirement.

Purse Seine Well Volume Capacity Correction

    The proposed rule would make a technical correction to the vessel 
capacity limit for the U.S. tuna purse seine fishery operating in the 
EPO so that the limit would be consistent with the amount authorized by 
the IATTC. This would add 91 cubic meters to the current U.S. fleet 
capacity limit of 31,775 cubic meters, and bring the limit to 31,866 
cubic meters. These additional 91 cubic meters of capacity resulted 
from an IATTC revision of our historical capacity calculation.

Inactive Vessels on the Vessel Register

    The proposed rule would also update the regulatory text to clarify 
that vessels listed as inactive or sunk on the Vessel Register count 
towards the United States' 31,866 cubic meter fleet-wide capacity 
limit. This is the long-standing practice by the IATTC. Current 
regulations at 50 CFR 300.22(b)(4) exclude such vessels from the 
allocation of available capacity, due to an administrative error.
    Additionally, the proposed rule would set a time limit of two 
consecutive calendar years for vessels holding inactive or sunk status, 
after which a request by such a vessel to be listed on the Vessel 
Register would be subject to the prioritization hierarchy of request 
under the current 50 CFR 300.22(b)(4)(i)(C). Therefore, the active 
status requests for the following year received between August 1 and 
November 30 would be prioritized in the following order: Currently 
active, currently inactive, first-come first served, and, lastly, those 
who made a frivolous request or were listed as inactive or sunk for 
more than two consecutive calendar years. NMFS considers this proposed 
revision to be consistent with the intent of the existing inactive 
status provision at 50 CFR 300.22(b)(4)(iii) (i.e., to allow for vessel 
replacement or repair while not paying a full active vessel assessment 
fee), while also preventing an indefinite hold on capacity. NMFS 
believes that two years is a sufficient length of time for a vessel to 
be repaired or to be replaced, based upon our understanding of the 
amount of time necessary to find a shipyard for repairs and for repairs 
to be completed, or the amount of time for a replacement vessel to be 
purchased and delivered. NMFS welcomes public comment on the 
appropriate such length of time.
    The proposed rule would also allow for a vessel owner or managing 
owner of a purse seine vessel that has sunk but is listed as active on 
the Vessel Register to request the vessel be listed as sunk and 
categorized as inactive on the Vessel Register within 30 days of its 
sinking. Currently, regulations provide that sunken vessels are 
immediately removed from the Vessel Register. Under the proposed rule, 
if a request is not made to list the vessel as sunk within 30 days of 
its sinking, then the vessel may be removed from the Vessel Register by 
the NMFS West Coast Regional Administrator.

Frivolous Request Requirements for Small Purse Seiner Vessels

    The proposed rule would also treat as frivolous any request by a 
small coastal purse seine vessel for active status if that vessel did 
not make at least one landing of tuna caught in the Convention Area in 
the calendar year prior to the request through November 15 of the year 
in which the request is made (i.e., a request made in 2019 to fish in 
2020 would require one landing of tuna between January 1, 2018, and 
November 15, 2019). If a small purse seine vessel has not landed tuna 
caught in the Convention Area within the year before the request was 
made and through November 15th of the year the request was made, and 
requests active status on the Vessel Register for the following year 
(i.e., the third consecutive year of requesting active status), the 
request would be considered frivolous and subject to the prioritization 
hierarchy of request under 50 CFR 300.22(b)(4)(i)(C).
    While there is difficulty in anticipating whether schools of tuna 
would come within range of the small purse seine vessels off the U.S. 
West Coast during a given year, NMFS is proposing changes to 
regulations in this proposed rule to help ensure the inclusion on the 
Vessel Register of vessels that are actively fishing and landing tuna. 
Since 2011, small purse seine vessels that harvested tuna for more than 
one year landed tuna every 1.75 years on average. Thus, the proposed 
rule expands on the intent of the existing frivolous request provision, 
50 CFR 300.22(b)(4)(ii), by also including small purse seine vessels, 
while recognizing the variability in

[[Page 15559]]

harvesting tuna in coastal waters by such vessels. The proposed 
frivolous request provision for small purse seine vessels would allow 
considerations of force majeure or other extraordinary circumstances 
that may have prevented a vessel from making a landing during the two 
year time period. Extraordinary circumstances may include lack of tuna 
availability or other unique situations as determined by the Regional 
Administrator.

Frivolous Request for Large Purse Seine Vessels

    Based on a comment received on the ANPR, NMFS considered revising 
the existing frivolous request provision for large purse seine vessels 
(requiring that large purse seine vessels must catch 20 percent of 
their tuna in the EPO during the year in which the request was made at 
50 CFR 300.22(b)(4)(ii)) in order to allow for an activity requirement 
based on time spent fishing in the EPO. Such an activity requirement 
would be in addition to the existing requirement for a 20 percent catch 
composition, and would be applied in the event a vessel was not able to 
meet this percentage requirement, and despite reasonably attempting to 
do so. NMFS declined to further revise the existing frivolous request 
provision for large purse seine vessels in this manner, as NMFS 
believes an existing exemption to the frivolous request provision 
already addresses this type of situation. Specifically, the regulatory 
text at 50 CFR 300.22(b)(4)(ii)(B)(1) allows the NMFS West Coast 
Regional Administrator to determine whether force majeure or other 
extraordinary circumstances apply to a particular request for active 
status.

Aging Fleet Provision

    NMFS agrees with a comment received on the ANPR that U.S. purse 
seine vessels are aging and that there is currently no process to 
replace them without risk of losing the aging vessel's status on the 
Vessel Register. Thus, the proposed rule would include a new ``aging 
fleet'' provision in 50 CFR 300.22(b) to allow for purse seine vessel 
owners to replace a purse seine vessel on the Vessel Register with a 
new or different purse seine vessel, of equal or lesser carrying 
capacity, without losing the vessel's status on the Vessel Register. 
The proposed rule would give the vessel owner a period of two years for 
replacing the existing vessel with a new vessel or a different used 
vessel.
    The replacement process under the aging fleet provision would begin 
with the vessel owner submitting a request to the NMFS West Coast 
Regional Administrator to remove their vessel from the Vessel Register. 
When a vessel is removed from the Vessel Register, the NMFS West Coast 
Regional Administrator is currently required to send a notification to 
the fleet regarding available capacity under 50 CFR 300.22(b)(7)(iii). 
The proposed rule would include an exception to this notification 
requirement when a vessel has been removed under the proposed aging 
fleet provision. Under the proposed aging fleet provision, NMFS would 
reserve the capacity on the Vessel Register for a period of up to two 
years and the vessel owner must complete the replacement process within 
the two-year period in order to resume utilization of the capacity 
being held by NMFS. Vessel owners would be authorized to use this 
provision only once for a particular purse seine vessel, to prevent 
situations where a vessel is passed back and forth between owners who 
have no intention of using the capacity and whose actions prevent 
others from utilizing that capacity. The proposed rule also would 
modify the existing provision on the prioritization of requests to be 
listed on the Vessel Register so that vessel owners using the proposed 
aging fleet provision will have first priority to active status, 
provided that the aging fleet provision replacement process is 
completed within the two-year period.

Revisions to Regulations on Bycatch

    In June 2006, at its 74th meeting, the IATTC revised Resolution C-
04-05 (Consolidated Resolution on Bycatch (Rev 2)). The resolution 
addressed reduction of the incidental mortality of juvenile tuna and 
release of non-target species, and called for various sea turtle 
protection measures. NMFS implemented Resolution C-04-05 at 50 CFR 
300.24 (Prohibitions) and at 50 CFR 300.27 (Incidental Catch and Tuna 
Retention Requirements). However, NMFS now believes that certain 
provisions are more restrictive for the U.S. industry than what is 
required by the resolution, and, therefore, has proposed the revisions 
discussed below.
    NMFS is proposing to revise the regulatory text at 50 CFR 300.24(f) 
and (g) and 300.27(b) to be more consistent with Resolution C-04-05. 
For example, in 50 CFR 300.24(f) and 300.27(b), the proposed rule would 
amend the release requirements so that they would no longer apply to 
tuna-like species. Exempting tuna-like species from the release 
requirement would allow purse seine vessels to retain tuna-like 
species, such as the Pacific bonito and black skipjack that were 
historically targeted, while remaining consistent with the goal of the 
Resolution to conserve non-target species. The prohibition on landing 
non-tuna species would be removed from 50 CFR 300.24(g) to allow for 
the landing of tuna-like species. Purse seine vessels would still be 
prohibited from landing non-tuna species, as prohibited in the existing 
language of 50 CFR 300.24(g), other than tuna-like species, because the 
prohibition on failing to release any non-tuna species would continue 
to be found in 50 CFR 300.24(g) and 50 CFR 300.27(b). The continued 
requirement to release fish other than tuna, tuna-like species, and 
those retained for consumption on board the vessel, is necessary to 
comply with the Resolution and to promote the conservation of such 
species. Allowing for the retention and landing of tuna-like species 
may help offset operational costs, provide flexibility in operations, 
and allow the utilization of a resource that would have otherwise been 
discarded.

Advance Notice of Vessel Departure

    For purposes of facilitating use of the EPO tuna fleet capacity, 
the requirement for a 5-day advance notice of vessel departure in order 
to allow for placement of an observer under Sec.  216.24(b)(8)(iv) 
would be amended. A supplemental notification would require that a 
vessel owner or managing owner request placement of a cross-endorsed 
observer, pursuant to the Memorandum of Cooperation (MOC) between the 
IATTC and the Western and Central Pacific Fisheries Commission (WCPFC), 
if the vessel also intends to fish in the WCPFC Convention Area under 
50 CFR part 300, subpart O during the same fishing trip. This MOC 
facilitates observer placement onboard vessels that fish in the areas 
of both conventions during the same trip.

Vessel Assessment Fees, Notifications to NMFS, and Other Housekeeping 
Revisions

    The proposed rule would amend existing regulatory text to clarify 
that vessel owners must coordinate with NMFS to pay the vessel 
assessment fee directly to the IATTC, and not to NMFS, as currently 
stated in 50 CFR, sections 300.22(b)(4)(i), 300.22(b)(4)(iii), 
216.24(b)(6)(iii) and 216.24(b)(8). As established by the IATTC and 
implemented in existing regulations, the vessel assessment fee supports 
the placement of observers on individual tuna purse seine vessels and 
maintenance of the observer program. Additional changes would be made 
to the regulatory text, as described below, for clarification purposes 
at 50 CFR,

[[Page 15560]]

sections 300.21, 300.22(b)(1), 300.22(b)(4), and 300.22(b)(7).
    The proposed rule would amend notification requirements to 
facilitate requests for active and inactive status on the Vessel 
Register. A business email address would be required to assist in 
communications between NMFS and vessel owners. NMFS would not specify 
which notification method to use in sending requests for active status 
or requests under the aging fleet provision to the NMFS West Coast 
Regional Administrator. Written notification requirements not calling 
for payment of the vessel assessment fee or not relating to permit 
applications would be directed to the Highly Migratory Species (HMS) 
Branch of the NMFS West Coast Region to facilitate communication. The 
HMS Branch definition in 50 CFR 300.21 would be amended to include the 
branch email address, [email protected]
    The proposed rule would amend text in 50 CFR 300.22(b)(7) to 
clarify that the capacity of inactive vessels is counted towards the 
U.S. capacity limit, for reasons explained above. Text in 50 CFR 
300.22(b)(1) would also be amended to clarify that the vessel capacity 
of a purse seine vessel that is permitted and authorized under an 
alternative international tuna purse seine fisheries management regime 
in the Pacific Ocean and authorized to exercise an option to fish with 
purse seine gear to target tuna in the Convention Area is not counted 
towards the U.S. capacity limit. The proposed rule would further 
clarify that any vessel exercising this single trip exception must 
follow the procedures, where applicable, as described in 50 CFR 
300.22(b)(4).
    The proposed rule would also remove the phrase ``Eastern Pacific 
Fisheries'' in the subheadings of current sections 50 CFR 300.22 and 50 
CFR 300.23, because 50 CFR part 300, subpart C, is specific to eastern 
Pacific tuna fisheries.
    The proposed rule would also reorganize, and make changes to, the 
existing text at 50 CFR 300.22(b)(4) and 50 CFR 300.22(b)(7) to 
implement changes to the purse seine Vessel Register listing and 
procedures for replacing purse seine vessels removed from the Vessel 
Register, as described above.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Tuna Conventions Act and other applicable 
laws, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA) under control number 
0648-0387. A request for revision to account for the additional 
information and updated notification requirements that would be 
required pursuant to this rule is under OMB review. Public reporting 
burden for obtaining an IMO number, for making an IMO exemption 
request, for making a sunk status request, and for making an aging 
fleet provision request, are each estimated to average 30 minutes per 
response. This includes time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Public 
reporting burden for requesting utilization of a cross-endorsed 
observer is estimated to add two minutes to the vessel departure 
notification requirement, which is estimated to average 10 minutes per 
response.
    NMFS is seeking public comment regarding: Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Comments on these 
or any other aspects of the collection of information should be sent to 
the NMFS West Coast Region Long Beach Office at the addresses above, by 
email to [email protected], or by fax to (202) 395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a 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. All currently approved NOAA 
collections of information may be viewed at: https://www.cio.noaa.gov/services_programs/prasubs.html.
    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the 
Chief Counsel for Regulation of the Department of Commerce certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA) that this proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The 
rationale for the certification is provided in the following 
paragraphs.
    As described previously in the SUPPLEMENTARY INFORMATION section, 
the proposed regulations would implement IATTC Resolution C-18-06, 
which would establish IMO number requirements, and amend regulations 
governing the management of purse seine well capacity and bycatch in 
the Convention Area.
    The SBA defines a ``small business'' (or ``small entity'') as one 
with annual revenue that meets or is below an established size 
standard. On December 29, 2015, NMFS issued a final rule establishing a 
small business size standard of $11 million in annual gross receipts 
for all businesses primarily engaged in the commercial fishing industry 
(NAICS 11411), for Regulatory Flexibility Act (RFA) compliance purposes 
only (80 FR 81194, December 29, 2015; 50 CFR 200.2). The $11 million 
standard became effective on July 1, 2016, and is to be used in place 
of the U.S. SBA current standards of $20.5 million, $5.5 million, and 
$7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), 
and other marine fishing (NAICS 114119) sectors of the U.S. commercial 
fishing industry in all NMFS rules subject to the RFA. The new standard 
results in fewer commercial finfish businesses being considered small.
    NMFS prepared analyses for this regulatory action in light of the 
NMFS size standard for the commercial fishing industry. All of the 
entities directly regulated by this regulatory action are commercial 
finfish fishing businesses. Using the NMFS size standards, NMFS found 
that the action on purse seine Vessel Register and incidental catch 
applies to large and small businesses and the action on the IMO number 
applies to only small businesses.
    There are two components to the U.S. tuna purse seine fishery in 
the EPO: (1) Large purse seine vessels with a carrying capacity of more 
than 362.8 mt, typically based in the western and central Pacific Ocean 
(WCPO) and also in Ecuador; and (2) small purse seine vessels based on 
the U.S. West Coast. In addition to the U.S. purse seine fishery, U.S. 
tuna longline, troll, and bait boat fisheries exist on the high seas in 
the EPO.
    As of March 2019, there are 18 U.S. large purse seine vessels on 
the Vessel Register, listed as either active or inactive. The number of 
large purse seine vessels on the Vessel Register has

[[Page 15561]]

increased substantially in the past five years. This was due in part to 
uncertainty regarding fishing access pursuant to the Treaty on 
Fisheries between the Governments of Certain Pacific Island States and 
the Government of the United States of America (the South Pacific Tuna 
Treaty). Negotiations for an amended South Pacific Tuna Treaty were 
concluded in 2016. In 2018, sixteen large purse seine vessels went on 
38 fishing trips during which some part of the fishing activity 
occurred in the EPO. Large purse seine vessels land most of the 
yellowfin, skipjack, and bigeye tuna catch in the EPO. Ex-vessel price 
information for large purse seine vessels that fished exclusively in 
the EPO in 2018 is not available to NMFS, because these vessels did not 
land on the U.S. West Coast, and the cannery receipts are not available 
through the IATTC. However, estimates for ex-vessel price information 
for large purse seine vessels based in the WCPO that fish in both the 
EPO and WCPO may be used as a proxy for U.S. large purse seine vessels. 
The number of these U.S. purse seine vessels is approximated by the 
number with Western and Central Pacific Fisheries Commission (WCPFC) 
Area Endorsements, which are the NMFS-issued authorizations required to 
fish commercially for tuna and tuna-like species on the high seas in 
the WCPFC Convention Area. As of March 2019, the number of purse seine 
vessels with WCPFC Area Endorsements was 33. Neither gross receipts nor 
ex-vessel price information specific to individual fishing vessels 
fishing in the WCPO and EPO are available to NMFS, so NMFS applied 
indicative regional cannery prices of the WCPO--as approximations of 
ex-vessel prices--to annual catches of individual vessels to estimate 
their annual receipts. Indicative regional cannery prices are available 
through 2014 (developed by the Pacific Islands Forum Fisheries Agency; 
available at https://www.ffa.int/node/425). NMFS estimated vessels' 
annual receipts during 2012 through 2014. Using this approach, NMFS 
estimates that among the affected vessels, the range in annual average 
receipts per vessel in 2012 through 2014 was $3 million to $20 million 
and the median was about $13 million.
    Based on the limited financial information available about the 
affected fishing fleets, and using individual vessels as proxies for 
individual businesses, NMFS believes that about half of the large 
vessels in the purse seine fleet are small entities as defined by the 
RFA. These vessels are independently owned and operated, not dominant 
in their fields of operation, and have annual receipts of no more than 
$11 million. Within the purse seine fleet, analysis of average revenue 
by vessel for the three years of 2014-2016 reveals that average fleet 
revenue was about $10.2 million, and the three-year annual averages 
were less than the $11 million threshold for 22 vessels in the fleet.
    As of March 2019, there are 14 U.S. small purse seine vessels on 
the Vessel Register. Between 2016 and 2018, there were 10 U.S. small 
purse seine vessels fishing in the EPO for HMS. The average ex-vessel 
revenue of HMS since 2016 by those vessels was approximately $482,000. 
Based on the financial information about the affected fishing fleets, 
and using individual vessels as proxies for individual businesses, NMFS 
believes that all of the vessels in the small purse seine fleet are 
small entities as defined by the RFA. They are independently owned and 
operated, not dominant in their fields of operation, and have annual 
receipts of no more than $11 million.
    The proposed action would require approximately 155 additional 
vessels fishing for tuna on the high seas in the EPO, including 
longline, troll, and bait boat vessels, to obtain an IMO number or 
request an exemption. The average revenue of vessels from the affected 
fleet landing on the West Coast for the three years of 2015-2017 was 
approximately $188,000. Using individual vessels as proxies for 
individual business, NMFS believes that all of these affected vessels 
are small entities as defined by the RFA. Complying with the IMO number 
requirement in this proposed action requires no out-of-pocket expenses 
because applications are free. The 30 minutes estimated to apply for an 
IMO number would not result in a significant opportunity cost to the 
fisherman considering it is a one-time occurrence for the life of the 
vessel hull. The rule is not expected to change fishery operations. 
Accordingly, the impact of this rule on the affected vessel owners' and 
operators' income is not expected to be significant.
    The proposed regulation would provide a technical correction to the 
current regulatory fleet capacity to that which is authorized under the 
IATTC. The action would increase the available capacity to the U.S. 
purse seine fleet by 91 cubic meters, from 31,755 cubic meters to 
31,866 cubic meters. This would allow for increased fishing capacity 
and thus, economic benefits.
    The proposed amendments providing administrative changes to the 
regulations to facilitate notification requirements and processes for 
replacing and adding purse seine vessels to the Vessel Register are not 
likely to change fishery operations or have any economic impacts.
    An aging fleet provision would create a process to allow purse 
seine vessel owners to replace aging vessels currently on the Vessel 
Register without losing the ability to have the replacement vessel be 
placed on the active Vessel Register. This is not likely to change the 
fishing practices of vessels. The revision could result in an economic 
benefit to vessel owners by allowing for the replacement of a vessel 
without the added risk of losing their vessel's active status on the 
Vessel Register and, with it, their access to fish and income. Because 
NMFS cannot predict the level of use or fleet activity, the 
quantitative benefit cannot be estimated.
    The proposed rule would also treat as frivolous any request by a 
small coastal purse seine vessel for active status if that vessels did 
not make at least one landing of tuna caught in the Convention Area in 
the calendar year prior to the request through November 15 of the year 
in which the request is made (i.e., a request made in 2019 to fish in 
2020, would require one landing of tuna between January 1, 2018 and 
November 15, 2019). If a small purse seine vessel has not landed tuna 
caught in the Convention Area within the year before the request was 
made and through November 15th of the year the request was made, and 
requests active status on the Vessel Register for the following year 
(i.e., the third consecutive year of requesting active status), the 
request would be considered frivolous and subject to the hierarchy of 
request under 50 CFR 300.22(b)(4)(i)(C). The almost two-year time frame 
for making a landing of tuna accounts for flexibility in availability 
of fish in the variable coastal environment. A frivolous request 
provision for large purse seine vessels already exists; this amendment 
would align with the intent of the frivolous request provision while 
attempting to fairly apply the provision to purse seine vessels of all 
sizes. Since 2011, the average number of days between tuna-related 
fishing trips by small purse seine vessels averaged just over one year, 
and vessels which fished for more than one year fished for tuna 
approximately every 1.75 years. As of September 2018, approximately 8 
vessels have not met the requirement for landings over the past two 
calendar years. Because these vessels are participating in, and have 
access to, other fisheries, this action is not likely to change fleet 
behavior and is not likely

[[Page 15562]]

to have a significant economic impact on small purse seine vessels.
    The proposed regulations would limit vessels to holding inactive 
and sunk status for a period of two consecutive years, after which 
their request for inclusion on the Vessel Register would be considered 
as a frivolous request in the prioritization of requests. In keeping 
with the intent of the frivolous request provisions, the action would 
limit vessels from indefinitely holding capacity from vessels 
requesting to actively fish in the EPO, while still allowing an 
appropriate amount of time for inactive and sunk vessels to be repaired 
or replaced. One vessel has been listed as inactive on the Vessel 
Register since 2015, occupying 1,523 cubic meters of fishing capacity. 
Allowing active vessels to replace inactive and sunk vessels that are 
holding capacity would open capacity for use by vessels requesting to 
actively fish. This would allow additional vessels to benefit 
economically through utilization of the capacity, though it is not 
necessarily known that unutilized capacity would be filled.
    The provision in this proposed rule to supplement the vessel 
departure notification requirement with a statement requesting the use 
of a cross-endorsed observer, pursuant to an MOC between the IATTC and 
WCPFC, is not expected to impact fisheries operations. The request 
would facilitate coordination among the vessels, NMFS, and the IATTC 
for placement of observers, and may provide an economic benefit by 
reducing delays in vessel operations.
    The provision in this proposed rule to revise current provisions on 
prohibitions and non-target incidental catch are not likely to 
substantially change fishery operations nor substantially increase 
economic impacts. Between 1995 and 2004, the year Resolution C-04-05 
was adopted, the average annual landings of Pacific bonito and black 
skipjack, which are two important non-tuna species, was 138 mt by large 
purse seiners and 246 mt by small purse seine vessels.
    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities. The entities for 
which this proposed rule would apply are considered large businesses 
and small businesses; however, disproportional economic effects are not 
expected between small and large businesses.
    The proposed actions are not expected to substantially change the 
typical fishing practices of affected vessels, or to significantly 
affect income of U.S. vessels, and therefore will not have a 
significant economic impact on a substantial number of small entities. 
As a result, an Initial Regulatory Flexibility Analysis is not required 
and was not prepared for this proposed rule.

List of Subjects in 50 CFR Parts 216 and 300

    Fish, Fisheries, Fishing, Fishing vessels, Reporting and 
recordkeeping requirements.

    Dated: April 9, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 216 and 300 
are proposed to be amended as follows:

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

0
1. The authority citation for part 216 continues to read as follows:

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

0
2. In Sec.  216.24, revise paragraphs (b)(4), (b)(6)(iii)(A) through 
(D), (b)(6)(iii)(F), and (b)(8)(iv)(A) to read as follows:


Sec.  216.24  Taking and related acts in commercial fishing operations 
including tuna purse seine vessels in the eastern tropical Pacific 
Ocean.

* * * * *
    (b) * * *
    (4) Application for vessel permit. ETP tuna purse seine vessel 
permit application forms and instructions for their completion are 
available from NMFS. To apply for an ETP vessel permit, a vessel owner 
or managing owner must complete, sign, and submit the appropriate form 
via fax to (562) 980-4047, for prioritization purposes as described 
under Sec.  300.22(b)(4)(v) of this title, allowing at least 15 days 
for processing. To request that a vessel in excess of 400 st (362.8 mt) 
carrying capacity be categorized as active on the Vessel Register under 
Sec.  300.22(b)(4)(ii) of this title in the following calendar year, 
the owner or managing owner must submit the vessel permit application 
via fax, payment of the vessel permit application fee, and payment of 
the vessel assessment fee no later than September 15 for vessels for 
which a DML is requested for the following year, and no later than 
November 30 for vessels for which a DML is not requested for the 
following year.
* * * * *
    (6) * * *
    (iii) * * *
    (A) The owner or managing owner of a purse seine vessel for which a 
DML has been requested must submit the vessel assessment fee to the 
IATTC, no later than September 15 of the year prior to the calendar 
year for which the DML is requested. Payment of the vessel assessment 
fee must be consistent with the fee for active status on the Vessel 
Register under Sec.  300.22(b)(4) of this title.
    (B) The owner or managing owner of a purse seine vessel for which 
active or inactive status on the Vessel Register, as defined in Sec.  
300.21 of this title, has been requested, but for which a DML has not 
been requested, must submit payment of the vessel assessment fee to the 
IATTC, no later than November 30 of the year prior to the calendar year 
in which the vessel will be listed on the Vessel Register. Payment of 
the vessel assessment fee is required only if the vessel is listed as 
active and is required to carry an observer, or if the vessel is listed 
as inactive and exceeds 400 st (362.8 mt) in carrying capacity. Payment 
of the vessel assessment fee must be consistent with the vessel's 
status, either active or inactive, on the Vessel Register in Sec.  
300.22(b)(4) of this title.
    (C) The owner or managing owner of a purse seine vessel that is 
permitted and authorized under an alternative international tuna purse 
seine fisheries management regime in the Pacific Ocean must submit the 
vessel assessment fee to the IATTC, prior to obtaining an observer and 
entering the ETP to fish. Consistent with Sec.  300.22(b)(1) of this 
title, this class of purse seine vessels is not required to be listed 
on the Vessel Register under Sec.  300.22(b)(4) of this title in order 
to purse seine for tuna in the ETP during a single fishing trip per 
calendar year of 90 days or less. Payment of the vessel assessment fee 
must be consistent with the fee for active status on the Vessel 
Register under Sec.  300.22(b)(4)(ii) of this title.
    (D) The owner or managing owner of a purse seine vessel listed as 
inactive on the Vessel Register at the beginning of the calendar year 
and who requests active status on the Vessel Register under Sec.  
300.22(b)(4) of this title during the year, must pay the vessel 
assessment fee associated with active status, less the vessel 
assessment fee associated with inactive status that was already paid, 
before NMFS will request the IATTC Director change the status of the 
vessel from inactive to active. Payment of the vessel assessment fee is 
required only if the vessel is required to carry an observer.
* * * * *

[[Page 15563]]

    (F) Payments will be subject to a 10 percent surcharge if received 
under paragraph (b)(6)(iii)(E) of this section for vessels that were 
listed as active on the Vessel Register in the calendar year prior to 
the year for which active status was requested; or if received after 
the dates specified in paragraphs (b)(6)(iii)(A) or (b)(6)(iii)(B) of 
this section for vessels for which active status is requested if the 
vessel was listed as active during the year the request was made. 
Payments will not be subject to a 10 percent surcharge if received 
under paragraph (b)(6)(iii)(C) or (b)(6)(iii)(D) of this section, or if 
received under paragraph (b)(6)(iii)(E) of this section for vessels 
that were not listed as active on the Vessel Register in the calendar 
year prior to the year for which active status was requested. Payments 
will also not be subject to a 10 percent surcharge if received after 
the date specified in paragraph (b)(6)(iii)(B) of this section for 
vessels for which inactive status is requested, or for vessels for 
which active status is requested if the vessel was not listed as active 
during the year the request was made. Payment of all vessel assessment 
fees described in this section must be made to the IATTC.
* * * * *
    (8) * * *
    (iv) * * *
    (A) The vessel permit holder of each permitted vessel must notify 
the Administrator, West Coast Region, or the IATTC contact designated 
by the Administrator, West Coast Region, at least 5 days in advance of 
the vessel's departure on a fishing trip to allow for observer 
placement on every trip. If the vessel permit holder would like to use 
an IATTC and Western and Central Pacific Fisheries Commission (WCPFC) 
cross-endorsed observer when fishing in the IATTC Convention Area, the 
notification must also include a request for the placement of a cross-
endorsed observer pursuant to the Memorandum of Cooperation between the 
IATTC and WCPFC.
* * * * *

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

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

    Authority: 16 U.S.C. 951 et seq.

0
2. In Sec.  300.21, revise the definitions for ``Highly Migratory 
Species (HMS) Branch'' and ``Tuna'' to read as follows:


Sec.  300.21  Definitions.

* * * * *
    Highly Migratory Species (HMS) Branch means the Chief of the HMS 
Branch of the Sustainable Fisheries Division, National Marine Fisheries 
Service West Coast Region, Suite 4200, 501 W. Ocean Blvd., Long Beach, 
CA 90802, and [email protected]
* * * * *
    Tuna means any fish of the genus Thunnus and the species Katsuwonus 
pelamis.
* * * * *
0
3. In Sec.  300.22, revise the heading and paragraphs (b)(1), (b)(2), 
(b)(3)(iii) through (v), (b)(4), (b)(5), (b)(7), and (b)(8), and add 
paragraph (b)(9) to read as follows:


Sec.  300.22  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) Exception. Once per year, a vessel that is permitted and 
authorized under an alternative international tuna purse seine 
fisheries management regime in the Pacific Ocean may exercise an option 
to fish with purse seine gear to target tuna in the Convention Area 
without the vessel's capacity counted towards the cumulative carrying 
capacity described under paragraph (b)(4)(i)(A) of this section. This 
exception is for a single fishing trip that does not exceed 90 days in 
duration. At any time during the calendar year, a vessel exercising 
this exception shall follow the procedures, where applicable, described 
in paragraphs (b)(4) of this section. No more than 32 of such trips are 
allowed each calendar year. After the commencement of the 32nd such 
trip, the Regional Administrator shall announce, in the Federal 
Register and by other appropriate means, that no more such trips are 
allowed for the remainder of the calendar year. Under Sec.  
[thinsp]216.24(b)(6)(iii)(C) of this title, vessel assessment fees must 
be paid for vessels exercising this option.
    (2) Requirements for inclusion of purse seine vessels on the Vessel 
Register. The tuna purse seine portion of the Vessel Register shall 
include, consistent with resolutions of the IATTC, only vessels that 
fished in the Convention Area prior to June 28, 2002. Inclusion on the 
tuna purse seine portion of the Vessel Register is valid through 
December 31 of each year. New tuna purse seine vessels may be added to 
the Vessel Register at any time to replace those previously removed by 
the Regional Administrator, provided that the total capacity of the 
replacement vessel or vessels does not exceed that of the tuna purse 
seine vessel or vessels being replaced.
    (3) * * *
    (iii) Requirements for IMO numbers. The owner of a fishing vessel 
of the United States used for commercial fishing for tuna and tuna-like 
species in the IATTC Convention Area shall ensure that an IMO number 
has been issued for the vessel if the vessel's Certificate of 
Documentation issued under 46 CFR part 67 indicates that the vessel's 
total internal volume is 100 gross register tons or greater or 100 
gross tonnage or greater. In addition, the owner of a fishing vessel of 
the United States engaging in fishing activities for tuna or tuna-like 
species in the IATTC Convention Area, and for which a high seas fishing 
permit under Sec.  300.333 is required, shall ensure that an IMO number 
has been issued for the vessel if the vessel's total internal volume is 
less than 100 gross register tons or less than 100 gross tonnage, but 
equal to or greater than 12 meters in overall length, as indicated in 
the vessel's Certificate of Documentation issued under 46 CFR part 67 
or State documentation. A vessel owner may request that an IMO number 
be issued for a vessel by following the instructions given by the 
administrator of the IMO ship identification number scheme; those 
instructions are currently available on the website of IHS Markit, 
https://imonumbers.lrfairplay.com/.
    (iv) Request for exemption. In the event that a fishing vessel 
owner, after following the instructions given by the designated manager 
of the IMO ship identification number scheme, is unable to ensure that 
an IMO number is issued for the fishing vessel, the fishing vessel 
owner may request an exemption from the requirement from the Regional 
Administrator. The request must be sent by mail to NMFS HMS Branch, 
West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802, 
or by email to [email protected], 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.
    (v) Exemption process. Upon receipt of a request for an exemption 
under paragraph (b)(3)(iv) of this section, the Regional Administrator 
will, to the extent he or she determines appropriate, assist the 
fishing vessel owner in requesting an IMO number. If the Regional 
Administrator determines that the fishing vessel owner has followed all 
appropriate procedures and yet is unable to obtain an IMO number for 
the fishing vessel, he or she will issue an

[[Page 15564]]

exemption from the requirements of paragraph (b)(3)(iii) of this 
section for the vessel and its owner and notify the owner of the 
exemption. The Regional Administrator may limit the duration of the 
exemption. The 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 (b)(3)(iii) 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) Purse seine Vessel Register listing. For a tuna purse seine 
vessel to be listed on the Vessel Register and to be categorized as 
either ``active'' or ``inactive'' in the following calendar year, the 
vessel owner or managing owner must submit to the Regional 
Administrator the required permit applications, written notifications, 
and fees as described under Sec.  [thinsp]216.24(b) of this title and 
under paragraphs (b)(4)(ii) and (b)(4)(iii) of this section as well as 
payment of the vessel assessment fee, where applicable, to the IATTC.
    (i) Restrictions. The following restrictions apply:
    (A) The cumulative carrying capacity of all tuna purse seine 
vessels on the Vessel Register may not exceed 31,866 cubic meters in a 
given year; and
    (B) A purse seine vessel in excess of 400 st (362.8 mt) carrying 
capacity may not be added to active status on the Vessel Register 
unless the captain of the vessel has obtained a valid operator permit 
under Sec.  [thinsp]216.24(b)(2) of this title.
    (ii) Active status. As early as August 1 of each year, vessel 
owners or managing owners may request that a purse seine vessel 
qualified to be listed on the Vessel Register under paragraph (b)(2) of 
this section be categorized as active for the following calendar year. 
To request a purse seine vessel in excess of 400 st (362.8 mt) carrying 
capacity be listed on the Vessel Register and be categorized as active, 
the vessel owner or managing owner must submit to the Regional 
Administrator the vessel permit application and payment of the permit 
application fee and submit to the IATTC payment of the vessel 
assessment fee.
    (A) To request a purse seine vessel of 400 st (362.8 mt) carrying 
capacity or less be listed on the Vessel Register and be categorized as 
active, the vessel owner or managing owner must submit to the HMS 
Branch written notification including, but not limited to, a vessel 
photograph, the vessel information as described under paragraph (b)(3) 
of this section, and the owner or managing owner's signature, business 
email address, and business telephone and fax numbers. If a purse seine 
vessel of 400 st (362.8 mt) carrying capacity or less is required by 
the Agreement on the IDCP to carry an observer, the vessel owner or 
managing owner must also submit payment of the vessel assessment fee to 
the IATTC.
    (B) The Regional Administrator must receive the vessel permit 
application or written notification and payment of the permit 
application fee and payment confirmation of the vessel assessment fee 
no later than September 15 for vessels for which a DML was requested 
for the following year and no later than November 30 for vessels for 
which a DML was not requested for the following year. Submission of the 
vessel permit application or written notification and payment of the 
vessel assessment fee and permit application fee will be interpreted by 
the Regional Administrator as a request for a vessel to be categorized 
as active.
    (iii) Inactive status. (A) From August 1 through November 30 of 
each year, vessel owners or managing owners may request that purse 
seine vessels qualified to be listed on the Vessel Register under 
paragraph (b)(2) of this section be categorized as inactive for the 
following calendar year. To request a purse seine vessel in excess of 
400 st (362.8 mt) carrying capacity be listed on the Vessel Register 
and categorized as inactive for the following calendar year, the vessel 
owner or managing owner must submit to the IATTC payment of the 
associated vessel assessment fee. Payment of the vessel assessment fee 
consistent with inactive status will be interpreted by the Regional 
Administrator as a request for the vessel to be categorized as 
inactive.
    (B) To request a tuna purse seine vessel of 400 st (362.8 mt) 
carrying capacity or less be listed on the Vessel Register and 
categorized as inactive for the following calendar year, the vessel 
owner or managing owner must submit to the HMS Branch a written 
notification including, but not limited to, the vessel name and 
registration number and the vessel owner or managing owner's name, 
signature, business address, business email address, and business 
telephone and fax numbers. Payment of the vessel assessment fee is not 
required for vessels of 400 st (362.8 mt) carrying capacity or less to 
be categorized as inactive.
    (C) At any time during the year, a vessel owner or managing owner 
may request that a tuna purse seine vessel qualified to be listed on 
the Vessel Register under paragraph (b)(2) of this section be 
categorized as inactive for the remainder of the calendar year, 
provided the cumulative carrying capacity described in (b)(4)(i)(A) of 
this section is not exceeded. To request a purse seine vessel in excess 
of 400 st (362.8 mt) carrying capacity be listed on the Vessel Register 
and categorized as inactive for the remainder of the calendar year, the 
vessel owner or managing owner must submit to the IATTC payment of the 
associated vessel assessment fee. To request a tuna purse seine vessel 
of 400 st (362.8 mt) carrying capacity or less be listed on the Vessel 
Register and categorized as inactive for the remainder of the calendar 
year, the vessel owner or managing owner must submit to the HMS Branch 
written notification as described in (b)(4)(iii)(A). Payment of the 
vessel assessment fee is not required for such vessels.
    (D) The vessel owner or managing owner of a purse seine vessel 
listed as active on the Vessel Register that has sunk may request the 
vessel be listed as sunk and categorized as inactive on the Vessel 
Register. To request the vessel be listed as sunk and categorized as 
inactive on the Vessel Register, the vessel owner or managing owner 
must submit to the HMS Branch written notification within 30 days of 
the vessel's sinking. Written notification shall include, but is not 
limited to, the vessel name, date of sinking, registration number, the 
vessel owner or managing owner's name, signature, business address, 
business email address, and business telephone and fax numbers. For 
subsequent calendar years, vessel assessment fee payment shall be made 
as described in paragraph (b)(4)(iii) of this section.
    (E) A vessel listed as inactive or sunk on the Vessel Register for 
more than two consecutive calendar years after [effective date of final 
rule publication] requesting active status will be prioritized 
according to the hierarchy under paragraph (b)(4)(v) of this section. A 
vessel listed as inactive or sunk on the Vessel Register for more than 
two consecutive calendar years after [effective date of final rule 
publication] will be removed from the Vessel Register as described in 
paragraph (b)(5)(ix) of this section.
    (iv) Frivolous requests. (A) Except as described under paragraph 
(b)(4)(iv)(B) of this section, requests for active status under 
paragraph (b)(4)(ii) of this section will be considered frivolous if, 
for a vessel categorized as active on the Vessel Register in a given 
calendar year:
    (1) Less than 20 percent of the vessel's total landings, by weight, 
in that same year is comprised of tuna harvested by purse seine in the 
Convention Area; or

[[Page 15565]]

    (2) The vessel did not fish for tuna at all in the Convention Area 
in that same year.
    (B) Exceptions. Requests described under paragraph (b)(4)(iv)(A) of 
this section will not be considered frivolous requests if:
    (1) The vessel's catch pattern fell within the criteria described 
in paragraph (b)(4)(iv)(A) of this section as a result of force majeure 
or other extraordinary circumstances as determined by the Regional 
Administrator; or
    (2) The vessel's carrying capacity is 400 st (362.8 mt) or less and 
there was at least one documented landing of tuna caught by the vessel 
in the Convention Area in the calendar year prior to the year in which 
the request is made and through November 15 of the year of the request, 
unless the vessel was not able to make a landing as a result of force 
majeure or other extraordinary circumstances as determined by the 
Regional Administrator.
    (3) The vessel was listed as inactive before [effective date of 
final rule publication] and has not been listed as inactive for more 
than two consecutive calendar years since [effective date of final rule 
publication].
    (v) Listing hierarchy. Requests for active status and inactive 
status will be prioritized according to the following hierarchy:
    (A) Requests received for replacement vessels of those removed from 
the Vessel Register under the request described in (b)(9) of this 
section;
    (B) Requests received for vessels that were categorized as active 
in the previous year, unless the request was determined to be frivolous 
by the Regional Administrator under paragraph (b)(4)(ii) of this 
section;
    (C) Requests received for vessels that were categorized as inactive 
under paragraph (b)(4)(iii) of this section in the previous year, 
unless that vessel has been listed as inactive or sunk under paragraph 
(b)(4)(iii) for more than two consecutive calendar years after 
[effective date of final rule publication];
    (D) Requests for vessels not described in paragraphs (b)(4)(v)(A) 
through (C) of this section will be prioritized on a first-come, first-
served basis according to the date and time of receipt, provided that 
the associated vessel assessment fee is paid by the applicable deadline 
described in Sec.  [thinsp]216.24(b)(6)(iii) of this title; and
    (E) Requests received from owners or managing owners of vessels 
that were determined by the Regional Administrator to have made a 
frivolous request for active status under paragraph (b)(4)(iv) of this 
section or that have been listed as inactive or sunk as described in 
paragraph (b)(4)(iii) of this section for more than two consecutive 
calendar years after [effective date of final rule publication].
    (5) Removal from the Vessel Register. A vessel may be removed from 
the Vessel Register by the Regional Administrator:
    (i) If the vessel has sunk, and the vessel owner or managing owner 
has not submitted written notification as described in paragraph 
(b)(4)(iii)(C) of this section;
    (ii) Upon written request by the vessel's owner or managing owner;
    (iii) Following a final agency action on a permit sanction for a 
violation; and
    (iv) For failure to pay a penalty or for default on a penalty 
payment agreement resulting from a final agency action for a violation.
    (v) If the U.S. Maritime Administration or the U.S. Coast Guard 
notifies NMFS that:
    (A) The owner has submitted an application for transfer of the 
vessel to foreign registry and flag; or
    (B) The documentation for the vessel will be or has been deleted 
for any reason.
    (vi) If the vessel does not have a valid state registration or U.S. 
Coast Guard certificate of documentation;
    (vii) For tuna purse seine vessels, upon receipt of written 
notification from the owner or managing owner of the intent to transfer 
the vessel to foreign registry and flag, as described in paragraph 
(b)(8) of this section; or
    (viii) For tuna purse seine vessels, if the request for active 
status on the Vessel Register has been determined to be a frivolous 
request; or
    (ix) If the vessel has been listed as inactive or sunk on the 
Vessel Register for more than two consecutive calendar years after 
[effective date of final rule publication].
    (6) * * *
    (7) Procedures for replacing purse seine vessels removed from the 
Vessel Register. (i) A purse seine vessel that was previously listed on 
the Vessel Register, but not included for a given year or years, may be 
added back to the Vessel Register and categorized as inactive at any 
time during the year, provided the cumulative carrying capacity 
described in (b)(4)(i)(A) of this section is not exceeded. The owner or 
managing owner of a purse seine vessel of more than 400 st (362.8 mt) 
carrying capacity must pay the vessel assessment fee associated with 
inactive status. The owner or managing owner of a purse seine vessel of 
400 st (362.8 mt) carrying capacity or less must submit written 
notification as described in paragraph (b)(4)(iii) of this section.
    (ii) A purse seine vessel may be added to the Vessel Register and 
categorized as active in order to replace a vessel or vessels removed 
from active status under paragraph (b)(5) of this section, provided the 
total carrying capacity described in (b)(4)(i)(A) of this section is 
not exceeded and the owner submits a complete request under paragraph 
(b)(7)(iv) or (b)(7)(v) of this section.
    (iii) Notification of available capacity. (A) After a purse seine 
vessel categorized as active or inactive is removed from the Vessel 
Register, the Regional Administrator will notify owners or managing 
owners of vessels eligible for, but not included on, the Vessel 
Register that replacement capacity is available on the active or 
inactive list of the Vessel Register.
    (B) Exception. When a purse seine vessel categorized as active or 
inactive on the Vessel Register has been removed from the Vessel 
Register under the procedures described in (b)(9) of this section, the 
Regional Administrator will not make available the capacity of the 
vessel removed from the Vessel Register, and will reserve that capacity 
for a replacement vessel for a period of two years. The replacement 
vessel will be eligible to be listed as active on the Vessel Register 
if it has a carrying capacity equal to or less than the vessel being 
replaced.
    (iv) Vessel owners or managing owners may request a purse seine 
vessel of 400 st (362.8 mt) carrying capacity or less be categorized as 
active to replace a vessel or vessels removed from the Vessel Register 
by submitting to the HMS Branch written notification as described in 
paragraph (b)(4)(ii) of this section and, only if the vessel is 
required by the Agreement on the IDCP to carry an observer, payment of 
the vessel assessment fee to the IATTC within 10 business days after 
submission of the written notification. The replacement vessel will be 
eligible to be categorized as active on the Vessel Register if it has a 
carrying capacity equal to or less than the vessel or vessels being 
replaced. Payments received will be subject to a 10 percent surcharge 
for vessels that were listed as active on the Vessel Register in the 
previous calendar year, but not listed as inactive at the beginning of 
the calendar year for which active status was requested.
    (v) Vessel owners or managing owners may request a purse seine 
vessel in excess of 400 st (362.8 mt) carrying capacity be categorized 
as active to replace a vessel or vessels removed from the Vessel 
Register by submitting to the

[[Page 15566]]

Regional Administrator the vessel permit application as described under 
Sec.  [thinsp]216.24(b) of this title and payment of the vessel 
assessment fee to the IATTC and payment of the permit application fee 
to the Regional Administrator within 10 business days after submission 
of the vessel permit application for the replacement vessel. The 
replacement vessel will be eligible to be categorized as active on the 
Vessel Register if it has a carrying capacity equal to or less than the 
vessel or vessels being replaced, and the captain of the replacement 
vessel possesses an operator permit under Sec.  [thinsp]216.24(b) of 
this title. Payments received will be subject to a 10 percent surcharge 
for vessels that were listed as active on the Vessel Register in the 
previous calendar year, but not listed as inactive at the beginning of 
the calendar year for which active status was requested.
    (vi) The Regional Administrator will forward requests to replace 
vessels removed from the Vessel Register within 15 days of receiving 
each request.
    (8) The owner or managing owner of a purse seine vessel listed on 
the Vessel Register must provide written notification to the Regional 
Administrator prior to submitting an application for transfer of the 
vessel to foreign registry and flag. Written notification must be 
submitted to the Regional Administrator at least 10 business days prior 
to submission of the application for transfer. The written notification 
must include the vessel name and registration number; the expected date 
that the application for transfer will be submitted; and the vessel 
owner or managing owner's name and signature. Vessels that require 
approval by the U.S. Maritime Administration prior to transfer of the 
vessel to foreign registry and flag will not be subject to the 
notification requirement described in this paragraph.
    (9) Aging fleet provision. (i) The vessel owner or managing owner 
of a purse seine vessel listed as active or inactive on the Vessel 
Register may request to replace the current vessel with a new or used 
vessel without losing the vessel's placement in the hierarchy of 
requests for active status as described in paragraph (b)(4)(v) of this 
section. The replacement vessel will be eligible to be listed as active 
on the Vessel Register if it has a carrying capacity equal to or less 
than the vessel being replaced. This provision may be used only once 
per vessel by the vessel owner or managing owner.
    (ii) A request made under this provision may include a request to 
remove the vessel from the Vessel Register. The Regional Administrator 
will ensure the capacity for the replacement vessel is available for up 
to 2 years from the date of notification described in paragraph 
(b)(9)(iv) of this section.
    (iii) To request a vessel be replaced under this provision, the 
vessel owner or managing owner must submit to the HMS Branch written 
notification including, but not limited to, the vessel name and 
registration number, the vessel owner or managing owner's name, 
signature, business address, business email address, and business 
telephone and fax numbers, and the expected month and year the 
replacement vessel will be ready to fish in the Convention Area.
    (iv) Within 30 days of receiving each request described in 
(b)(9)(i) of this section, the Regional Administrator shall notify the 
vessel owner or managing owner in writing whether the request has been 
accepted or denied, and the reasons therefore.
0
4. In Sec.  300.23, revise the section heading to read as follows:


Sec.  300.23  Persons and vessels exempted.

0
5. In Sec.  300.24, revise paragraph (f) and remove and reserve 
paragraph (g) to read as follows:


Sec.  300.24  Prohibitions.

* * * * *
    (f) When using purse seine gear to fish for tuna in the Convention 
Area, fail to release any fish species (excluding mobulid rays, tuna, 
tuna-like species, and those being retained for consumption aboard the 
vessel) as soon as practicable after being identified on board the 
vessel during the brailing operation as required in Sec.  300.27(b).
* * * * *
0
6. In Sec.  300.27, revise paragraph (b) to read as follows:


Sec.  300.27   Incidental catch and tuna retention requirements.

* * * * *
    (b) Release requirements for fish species on purse seine vessels. 
All purse seine vessels must release, as soon as practicable after 
being identified on board the vessel during the brailing operation, all 
billfish, rays (not including mobulid rays, which are subject to 
paragraph (i) of this section), dorado (Coryphaena hippurus), and other 
fish species except tuna, tuna-like species and those being retained 
for consumption aboard the vessel. Sharks caught in the IATTC 
Convention Area and that are not retained for consumption aboard the 
vessel must be released according to the requirements in paragraph (k) 
of this section. Tuna caught in the IATTC Convention Area are subject 
to the retention requirements in paragraph (a) of this section.
* * * * *
[FR Doc. 2019-07300 Filed 4-15-19; 8:45 am]
 BILLING CODE 3510-22-P