International Fisheries; Eastern Pacific Tuna Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission, 60040-60051 [2019-24304]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Proposed Rules]
[Pages 60040-60051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 191101-0073]
RIN 0648-BH59


International Fisheries; Eastern Pacific Tuna Fisheries; Western 
and Central Pacific Fisheries for Highly Migratory Species; Area of 
Overlap Between the Convention Areas of the Inter-American Tropical 
Tuna Commission and the Western and Central Pacific Fisheries 
Commission

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 seeks comments on this proposed rule issued under 
authority of the Western and Central Pacific Fisheries Convention 
Implementation Act (WCPFCIA) and the Tuna Conventions Act. The proposed 
rule would revise the management regime for fishing vessels that target 
tunas and other highly migratory fish species (HMS) in the area of 
overlapping jurisdiction in the Pacific Ocean between the Inter-
American Tropical Tuna Commission (IATTC) and the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (WCPFC). The proposed rule would 
apply all regulations implementing IATTC resolutions in the area of 
overlapping jurisdiction. Under this proposed rule, regulations 
implementing WCPFC decisions on catch and fishing effort limits, 
bycatch mitigation measures, and associated reporting requirements 
would no longer apply in the area of overlapping jurisdiction. However, 
regulations implementing WCPFC management measures related to 
monitoring, control, and surveillance would continue to apply in the 
area of overlapping jurisdiction. NMFS is undertaking this action based 
on an evaluation of the management regime in the area of overlapping 
jurisdiction, in order to satisfy the obligations of the United States 
as member of the IATTC and the WCPFC, pursuant to the authority of the 
WCPFCIA and the Tuna Conventions Act.

DATES: Comments on the proposed rule must be submitted by November 22, 
2019.

[[Page 60041]]


ADDRESSES: You may submit comments on the proposed rule and the 
regulatory impact review (RIR) prepared for the proposed rule, 
identified by NOAA-NMFS-2018-0049, 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-2018-0049,
    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 must be submitted by electronic submission 
or mail 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, 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 environmental assessment (EA) prepared 
for the proposed rule are available at www.regulations.gov or may be 
obtained via mail from Michael D. Tosatto, Regional Administrator, NMFS 
PIRO.

FOR FURTHER INFORMATION CONTACT: Alex Kahl, NMFS PIRO, 808-725-5031.

SUPPLEMENTARY INFORMATION:

Background

    The United States is a member of both IATTC and WCPFC. NMFS 
implements decisions of WCPFC under the authority of the WCPFCIA (16 
U.S.C. 6901 et seq.), and decisions of IATTC under the authority of the 
Tuna Conventions Act (16 U.S.C. 951 et seq.). The convention areas for 
the IATTC (IATTC Area) and WCPFC (WCPFC Area) overlap in the Pacific 
Ocean waters within an area bounded by 50[deg] S latitude, 4[deg] S 
latitude, 150[deg] W longitude, and 130[deg] W longitude (``overlap 
area''). Historically, regulations implementing the conservation 
measures adopted by both IATTC (50 CFR 300, subpart C) and WCPFC (50 
CFR 300, subpart O) applied to U.S. vessels fishing for highly 
migratory species (HMS) in the overlap area. In 2012, IATTC and WCPFC 
adopted decisions allowing each member belonging to both commissions to 
decide, for a period of not less than 3 years, whether IATTC or WCPFC 
conservation and management measures would apply to its vessels when 
they fish in the overlap area.
    In accordance with WCPFC and IATTC decisions regarding the overlap 
area,\1\ NMFS undertook a rulemaking regarding management of the 
overlap area. After issuing a proposed rule for public review and 
comment, NMFS issued a final rule on April 26, 2016 (81 FR 24501 (Apr. 
26, 2016), effective May 26, 2016; hereafter ``2016 final rule''), 
stating that except for IATTC Regional Vessel Register (RVR) 
regulations at 50 CFR 300.22(b), all other regulations implementing 
IATTC decisions at 50 CFR 300, subpart C would no longer apply in the 
overlap area. The IATTC RVR regulations continued to apply in the 
overlap area for compliance with U.S. obligations under the Agreement 
on the International Dolphin Conservation Program (AIDCP). Under the 
2016 final rule, regulations implementing WCPFC conservation and 
management measures applied in the overlap area. In the preamble to the 
2016 final rule, NMFS indicated that it may reevaluate the location of 
fishing effort in the eastern Pacific Ocean (EPO) and western and 
central Pacific Ocean (WCPO) in three years to consider revising the 
management regime for the overlap area.
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    \1\ IATTC Recommendation C-12-11, ``IATTC-WCPFC Overlap Area,'' 
and the WCPFC decision documented in ``Summary Report of the Ninth 
Regular Session of the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and 
Central Pacific Ocean,'' Manila, Philippines, 2-6 December, 2012, 
paragraph 80.
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    Accordingly, in June 2018, NMFS revisited this decision and 
published an advance notice of proposed rulemaking (ANPR) (83 FR. 
27305; June 12, 2018) seeking public input about whether conservation 
and management measures adopted by WCPFC or IATTC should apply in the 
overlap area. NMFS received ten comments in response to the ANPR (all 
from the U.S. purse seine industry), unanimously supporting application 
of IATTC measures rather than WCPFC measures in the overlap area. The 
commenters generally stated there would be more fishing opportunities 
under IATTC measures than under WCPFC measures, maintaining that WCPFC 
measures result in more constraining fishery closures than IATTC 
measures, and that the escalating cost of fishing days in foreign 
exclusive economic zones (EEZ) in the WCPFC Area, makes high seas 
within the overlap area an increasingly attractive fishing ground.
    NMFS' analyses (EA and RIR) of the comparative economic effects and 
environmental effects of the application of WCPFC measures or IATTC 
measures in the overlap area concludes that application of IATTC 
measures would likely result in greater net benefits to the nation. 
These greater net benefits arise from more fishing opportunity and 
greater operational certainty provided by the option of annually 
choosing one of the IATTC's two 72-day purse seine closure periods 
instead of the WCPFC purse seine fishing effort limits and fish 
aggregating device (FAD) closure periods currently applicable to the 
overlap area under NMFS regulations at 50 CFR 300.223. Under the 
current WCPFC-derived regulations, FAD fishing is prohibited in the 
overlap area for five months of the year (one three-month closure in 
the entire overlap area, and an additional two-month closure on the 
high seas of the overlap area), and there is uncertainty regarding when 
the fishing effort limits would be reached, which would result in a 
fishery closure for the remainder of the year. More fishing opportunity 
and operational certainty would be particularly beneficial during El 
Ni[ntilde]o events, when tropical tuna are more likely to be found in 
the EPO. Any potential increase in fishing activity would provide net 
benefits while continuing to meet IATTC objectives of conserving target 
stocks and minimizing impacts to protected species and their 
environments. Accordingly, NMFS is issuing this proposed rule to apply 
IATTC measures in the overlap area instead of WCPFC measures, except as 
described herein.
    During development of the 2016 final rule, NMFS stated that, rather 
than applying IATTC measures to an individual vessel or gear type and 
WCPFC measures to another vessel or gear type, NMFS would apply WCPFC's 
management measures to the entire U.S. fleet in the overlap area 
because the WCPFC and the IATTC each separately develop a comprehensive 
and self-contained package of management

[[Page 60042]]

measures to address similar conservation objectives. As noted during 
the development of the 2016 final rule, if one set of management 
measures were applied to some vessels while another set of management 
measures were applied to other vessels, overall management efforts 
would fail to address the conservation objectives of either 
organization (80 FR 80742; December 28, 2015). This proposed rule would 
follow the same approach as the 2016 final rule by applying to all 
vessels, thus maintaining uniformity in management of the overlap area 
for the U.S. fleet as a whole, rather than applying on an individual 
vessel-basis, or gear type.
    When deciding which regulations to apply in the overlap area, NMFS 
considered whether all WCPFC-derived regulations should no longer apply 
in the overlap area, or whether certain WCPFC-regulations should remain 
in effect. The WCPFC and IATTC decisions addressing the overlap area 
broadly indicate that a member of both commissions, such as the United 
States, is to apply the ``conservation and management measures'' of one 
commission in the overlap area. Because these decisions do not address 
specific conservation and management measures, a Contracting Party's 
decision to implement one commission's conservation and management 
measures over the other could have compliance implications where legal 
obligations arise under treaty. In other words, as a Contracting Party 
to the Convention on the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF 
Convention) and the Antigua Convention, the United States is obligated 
to implement provisions required under both the WCPF Convention and the 
Antigua Convention. The WCPF Convention and the Antigua Convention 
created the WCPFC and the IATTC, respectively, and decisions of each 
commission are subject to their terms.
    NMFS believes that while WCPFC and IATTC decisions addressing the 
overlap area can provide members with discretion to choose which 
conservation and management decisions to apply, it cannot relieve a 
Contracting Party of its existing treaty obligations. Accordingly, when 
deciding to apply IATTC measures to the overlap area, NMFS considered 
whether all WCPFC measures should no longer apply in the overlap area, 
or whether certain WCPFC management measures should remain in effect in 
order for the United States to continue to meet its obligations under 
that WCPF Convention. NMFS proposes that regulations implementing WCPFC 
measures for the conservation and management of highly migratory fish 
stocks, such as purse seine fishing restrictions, longline fishing 
restrictions, and bycatch mitigation measures would no longer apply in 
the overlap area, and that WCPFC management measures related to 
monitoring, control, and surveillance (MCS) would continue to apply, as 
explained in more detail below. NMFS currently implements, and would 
continue to implement, the MCS measures pursuant to its obligations 
under the WCPF Convention.
    Historically, U.S. vessels have not frequently fished for HMS in 
the overlap area, but the two gear types that have fished in the 
overlap area in recent years are troll vessels that target South 
Pacific albacore and purse seine vessels that target tropical tuna 
species. The majority of the South Pacific albacore troll fishery 
occurs in the WCPFC Area outside the overlap area (i.e., west of 
150[deg] W), and some albacore troll fishing occurs in the overlap 
area. U.S. purse seine vessel activity in and around the overlap area 
has increased since the 2016 final rule went into effect. These 
fisheries are described in more detail in the Classification section.

Proposed Action

    This proposed rule would change the definition of ``IATTC 
Convention Area'' at 50 CFR 300.21 to include the overlap area, so that 
all regulations at 50 CFR part 300, subpart C would apply in the 
overlap area. The requirements under the Marine Mammal Protection Act 
and AIDCP, including observer requirements at 50 CFR 216.24(e), which 
currently apply in the overlap area, would also continue to apply under 
the proposed rule. As stated above, pursuant to the requirements of the 
AIDCP, vessels fishing in the overlap area are currently required to 
comply with the regulations for inclusion in the IATTC RVR. However, 
under the regulations at 50 CFR 300.22(b)(1), once per year, a vessel 
that is permitted and authorized under an alternative international 
tuna purse seine fisheries management regime in the Pacific Ocean 
(e.g., WCPFC) may exercise an option to fish with purse seine gear to 
target tuna in the IATTC Area without its well volume counting towards 
the U.S. capacity limit in the IATTC Area for a fishing trip that does 
not exceed 90 days in duration. A total of 32 such trips are allowed 
each calendar year. Thus, vessels currently fishing in the overlap area 
are familiar with and subject to the regulations implementing IATTC 
decisions when fishing in the IATTC Area. The following regulations at 
50 CFR part 300, subpart O, which implement WCPFC conservation and 
management measures for stock management and bycatch matters, would no 
longer apply in the overlap area:
     Purse seine fishing effort limits (50 CFR 200.223(a));
     Purse seine FAD restrictions (50 CFR 300.223(b));
     Purse seine catch retention requirements (50 CFR 
300.223(d));
     Purse seine sea turtle bycatch mitigation requirements (50 
CFR 300.223(f));
     Whale shark bycatch mitigation requirements (50 CFR 
300.223(g)-(h));
     Longline bigeye tuna catch limits (50 CFR 300.224(a)); and
     Oceanic whitetip and silky shark interaction mitigation 
(50 CFR 300.226).

All other regulations implementing the WCPF Convention and WCPFC 
decisions would continue to apply in the overlap area. Table 1 shows 
the regulations that would apply in the overlap area, and is organized 
to illustrate regulations implementing WCPFC decisions that are 
comparable to regulations implementing IATTC decisions, or to indicate 
where no comparable regulations exist. A detailed comparison of these 
regulations is provided in the sections that follow.

Table 1--Comparison of Regulations Implementing WCPFC Decisions and IATTC Decisions and Whether They Would Apply
                                   in the Overlap Area Under the Proposed Rule
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                                                                Similar regulations
                                                                   at 50 CFR 300
      50 CFR 300 subpart O           Applies in overlap area    subpart C or 50 CFR    Applies in overlap area
 (implementing WCPFC decisions)       under proposed rule?       216 (implementing       under proposed rule?
                                                                  IATTC decisions)
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Sec.   300.223(a) Purse seine     No..........................  Sec.   300.25(e)     Yes.
 fishing effort limits.                                          Purse seine
                                                                 closures.
Sec.   300.223(b) Purse seine     No..........................  Sec.   300.28 Purse  Yes.
 fish aggregating devices.                                       seine FAD
                                                                 restrictions.

[[Page 60043]]

 
Sec.   300.223(d) Purse seine     No..........................  Sec.   300.27(a)     Yes.
 catch retention.                                                Tuna retention
                                                                 requirements for
                                                                 purse seine
                                                                 vessels.
Sec.   300.223(f) Purse seine     No..........................  Sec.   300.27(c)     Yes.
 sea turtle mitigation.                                          Purse seine sea
                                                                 turtle handling
                                                                 and release.
Sec.   300.223(g)-(h) Purse       No..........................  Sec.   300.27(g)-    Yes.
 seine whale shark mitigation.                                   (h) Purse seine
                                                                 whale shark
                                                                 restrictions for
                                                                 purse seine
                                                                 vessels.
Sec.   300.224 Longline fishing   No..........................  Sec.   300.25(a)     Yes.
 restrictions.                                                   Longline tuna
                                                                 catch limits.
Sec.   300.226 Oceanic whitetip   No..........................  Sec.   300.27(d)     Yes.
 shark and silky shark.                                          Oceanic whitetip
                                                                 shark
                                                                 restrictions; Sec.
                                                                   300.27(e)-(f)
                                                                 Silky shark
                                                                 restrictions.
No comparable requirements......  NA ***......................  Sec.   300.25(f)     Yes.
                                                                 Restrictions on
                                                                 fishing in
                                                                 proximity to data
                                                                 buoys.
No comparable requirements......  NA..........................  Sec.   300.25(g)     Yes.
                                                                 Pacific bluefin
                                                                 tuna catch limits.
No comparable requirements......  NA..........................  Sec.   300.27(b)     Yes.
                                                                 Release
                                                                 requirements for
                                                                 non-tuna species
                                                                 on purse seine
                                                                 vessels.
No comparable requirements......  NA..........................  Sec.   300.27(i)-    Yes.
                                                                 (j) Mobulid ray
                                                                 restrictions.
No comparable requirements......  NA..........................  Sec.   300.27(k)     Yes.
                                                                 Shark handling and
                                                                 release
                                                                 requirements for
                                                                 purse seine
                                                                 vessels.
No comparable requirements......  NA..........................  Sec.   300.27(l)     Yes.
                                                                 Shark line
                                                                 prohibition for
                                                                 longline vessels.
Sec.   300.212 WCPFC vessel       Yes.........................  Sec.   300.22(b)     Yes.
 permit endorsements.                                            IATTC vessel
                                                                 register
                                                                 requirements.
Sec.   300.213 Vessel             Yes.........................  No comparable        NA.
 information requirements for                                    requirements.
 fishing in foreign EEZs.
Sec.   300.214 Compliance with    Yes.........................  No comparable        NA.
 Laws of Other Nations.                                          requirements.
Sec.   300.215 Observers........  Yes.........................  Sec.   216.24(e)     Yes.
                                                                 Purse seine
                                                                 observers **.
Sec.   300.216 Transshipping,     Yes.........................  Sec.   300.25(c)     Yes.
 bunkering and net sharing.                                      Purse seine
                                                                 transshipment
                                                                 requirements.
Sec.   300.217 Vessel             Yes.........................  Sec.                 Yes.
 identification.                                                 300.22(b)(3)(ii)
                                                                 IMO numbers.
Sec.   300.218 Reporting and      Yes *.......................  Sec.   300.22        Yes.
 recordkeeping requirements.                                     Recordkeeping and
                                                                 reporting
                                                                 requirements.
Sec.   300.219 Vessel monitoring  Yes.........................  Sec.   300.26        Yes.
 system.                                                         Vessel Monitoring
                                                                 System.
Sec.   300.221 Facilitation of    Yes.........................  No comparable        NA.
 enforcement and inspection.                                     requirements.
Sec.   300.223(e) Purse seine     Yes.........................  Sec.   216.24(e)     Yes.
 observer coverage.                                              Purse seine
                                                                 observers **.
No comparable requirements......  NA..........................  Sec.   216.24        Yes.
                                                                 Requirements for
                                                                 U.S. purse seine
                                                                 vessels fishing
                                                                 under the
                                                                 requirements of
                                                                 the AIDCP (e.g.,
                                                                 vessel and
                                                                 operator permit
                                                                 requirements,
                                                                 requirements for
                                                                 fishing on
                                                                 dolphins, etc.) **.
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* The whale shark reporting requirements at 50 CFR 300.218(g) would no longer apply in the overlap area.
** These regulations also implement provisions of the Marine Mammal Protection Act and the Agreement on the
  International Dolphin Conservation Program, and are not located at 50 CFR part 300, subpart C, but instead are
  located at 50 CFR part 216, subpart C.
*** NA indicates ``not applicable.''
Note: Titles of regulation sections have been modified in some instances to include additional descriptive
  information.

Purse Seine Fishing Effort Restrictions

    Under this proposed rule, regulations implementing WCPFC decisions 
for purse seine fishing effort would no longer apply in the overlap 
area, while regulations implementing IATTC decisions for purse seine 
fishing effort would go into effect in the overlap area.
    Beginning in 2009, NMFS implemented annual limits on purse seine 
fishing effort on the high seas and in the U.S. EEZ in the WCPFC Area 
between 20[deg] N latitude and 20[deg] S latitude (50 CFR 300.223(a)). 
Under this proposed rule, such purse seine fishing effort limits set 
forth in WCPFC conservation and management measures would no longer 
apply in the overlap area. However, regulations implementing IATTC 
conservation and management measures include purse seine effort 
controls that would henceforth apply in the overlap area (50 CFR 
300.25(e)). These regulations specify that any U.S. purse seine vessel 
must observe a 72-day closure period during each of the calendar years 
2019 and 2020.

FAD Management Measures

    NMFS has implemented WCPFC FAD management measures ((50 CFR 
300.223(b)). These include specific time periods during which purse 
seine vessels are prohibited from setting on FADs in the WCPFC Area in 
the area between 20[deg] N latitude and 20[deg] S latitude. Currently, 
the prohibition periods are from July 1 through September 30 in each 
calendar year for the entire WCPFC Area and on the high seas from 
November 1 through December 31 in each calendar year. There is also a 
limit of 350 drifting active FADs per each U.S. purse seine vessel 
fishing in the WCPFC Area. Under the proposed rule, these regulations 
that implement WCPFC conservation and management measures would no 
longer apply in the overlap area. However, regulations implementing 
IATTC conservation and management measures include FAD management 
measures that would apply in the overlap area (50 CFR 300.28). These 
FAD management measures detailed at 50 CFR 300.28 include the 
following: (1) FAD identification requirements that require a unique 
code to be marked on the radio or satellite

[[Page 60044]]

buoy or the FAD; (2) U.S. vessel owners and operators of purse-seine 
vessels of well volume 1,200 m\3\ or more must not have more than 450 
active FADs; (3) U.S. vessel owners and operators of purse-seine 
vessels for vessels of volume 426-1,199 m\3\ must not have more than 
300 active FADs; (4) U.S. vessel owners and operators of purse-seine 
vessels of well volume 13-425 m\3\ must not have more than 120 active 
FADs; (5) U.S. vessel owners and operators of purse-seine vessels of 
well volume 0-212 m\3\ must not have more than 70 active FADs; (6) U.S. 
vessel owners, operators, and crew of purse seine vessels of class size 
4-6 must not deploy a FAD during 15 days prior to the start of the 
vessel's selected purse seine closure period at 50 CFR 300.25(e)(1); 
(7) 15-days prior to the start of the vessel's selected closure period 
at 50 CFR 300.25(e)(1), vessel owners, operators, and crew of purse 
seine vessels of class size 6 must remove from the water a number of 
FADs equal to the number of FADs set upon by the vessel during the same 
15 day period; (8) if the FAD design includes a raft, and if mesh 
netting is used as part of the structure, the mesh netting shall have a 
mesh size less than 7 centimeters and the mesh net must be tightly 
wrapped such that no netting hangs below the FAD when deployed; and (9) 
any netting used in the subsurface structure of the FAD must be tightly 
tied into bundles or have stretched mesh size less than 7 centimeters 
in a panel that is weighted on the lower end with at least enough 
weight to keep the netting taut in the water column.

Catch Retention and Incidental Catch Release Requirements

    NMFS has implemented tuna catch retention requirements for purse 
seine vessels in the WCPFC Area. 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 any bigeye tuna, 
yellowfin tuna, or skipjack tuna, except in the following circumstances 
as follows: 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; 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; and fish may be 
discarded if necessitated by the occurrence of a serious malfunction of 
equipment. Under this proposed rule, the regulations that implement 
WCPFC conservation and management measures would no longer apply in the 
overlap area. However, regulations implementing IATTC conservation and 
management measures include incidental catch and tuna retention 
requirements for purse seine vessels that would now apply in the 
overlap area (50 CFR 300.27(a)-(b)). The incidental catch release 
requirements for non-tuna species would apply to all purse seine 
vessels. Tuna retention requirements would apply to class size 4-6 
purse seine fishing vessels and would require that bigeye, skipjack, 
and yellowfin tuna caught using purse seine gear be retained on board 
and landed, except for fish deemed unfit for human consumption for 
reasons other than size or if there is insufficient well capacity to 
accommodate the entire catch on the last set of a trip. All purse seine 
vessels would also be required to release all billfish, ray (not 
including mobulid ray, as described in more detail below), dorado, and 
other non-tuna fish species, except those being retained for 
consumption aboard the vessel, as soon as practicable after being 
identified on board the vessel during the brailing operation.

Sea Turtle Interaction Mitigation Requirements

    NMFS has implemented specific sea turtle handling requirements for 
U.S. purse seine vessels fishing in the WCPFC Area (50 CFR 300.223(f)). 
These include possession and use of specific handling gear as well as 
specific handling requirements. Under this proposed rule, the 
regulations that implement WCPFC conservation and management measures 
would no longer apply in the overlap area. However, regulations 
implementing IATTC conservation and management measures include 
requirements for purse seine vessel interactions with sea turtles (50 
CFR 300.27(c)). The regulations implementing IATTC measures specify 
special handling and release requirements when a sea turtle is spotted 
in the purse seine net, entangled in the net, or brought on board the 
vessel alive.

Whale Shark Interaction Mitigation Requirements

    NMFS has implemented specific requirements to mitigate interactions 
between U.S. purse seine vessels and whale sharks in the WCPFC Area. 
These include a prohibition on setting on whale sharks and requirements 
for when whale sharks are encircled in purse seine nets (50 CFR 
300.223(g)-(h)). Under this proposed rule, these regulations to 
implement WCPFC conservation and management measures would no longer 
apply in the overlap area. However, regulations implementing IATTC 
conservation and management measures include requirements to mitigate 
interactions between purse seine vessels and whale sharks (50 CFR 
300.27(g)-(h)). These regulations implementing IATTC measures require 
owners, operators, and crew to not set or attempt to set a purse seine 
on or around a whale shark if the animal is sighted prior to the 
commencement of the set or the attempted set. If a whale shark is 
encircled in the purse seine net, the crew, operator, and owner would 
be required to release it as soon as possible, and must ensure that all 
reasonable steps are taken to ensure its safe release without towing 
the whale shark out of the purse seine net (e.g., using towing ropes).

Longline Bigeye Tuna Catch Limits

    NMFS has implemented a specific bigeye tuna catch limit for U.S. 
longline vessels fishing in the WCPFC Area. The limit is 3,554 metric 
tons of bigeye tuna per calendar year (50 CFR 300.224(a)). Under this 
proposed rule, the regulations implementing these WCPFC conservation 
and management measures would no longer apply in the overlap area. 
However, regulations implementing IATTC conservation and management 
measures include an annual catch limit for longline-caught bigeye tuna 
that would apply in the overlap area (50 CFR 300.25(a)). The annual 
limit is 750 metric tons of bigeye tuna for vessels over 24 meters in 
overall length. The regulations implementing IATTC measures include a 
number of requirements that are triggered if and when the annual limit 
is reached, including restrictions on transshipment by longline vessels 
in the IATTC Area without a valid permit, and restrictions on using 
longline gear inside and outside of the IATTC Area on the same trip.

Oceanic Whitetip Shark Interaction Mitigation Requirements

    NMFS has implemented specific requirements regarding interactions 
with oceanic whitetip shark for all U.S. commercial fishing vessels 
fishing for HMS in the WCPFC Area (50 CFR 300.226). These requirements 
include a prohibition on the retention, transshipment, storage or 
landing of oceanic whitetip shark, and specific requirements for 
releasing oceanic whitetip shark that are caught by vessels. Under this 
proposed rule, these regulations implementing WCPFC

[[Page 60045]]

conservation and management measures would no longer apply in the 
overlap area. However, regulations implementing IATTC conservation and 
management measures include similar requirements for oceanic whitetip 
shark that would apply in the overlap area (50 CFR 300.27(d)). These 
regulations implementing IATTC measures prohibit the crew, operator, or 
owner from retaining on board, transshipping, landing, storing, 
selling, or offering for sale any part or whole carcass of an oceanic 
whitetip shark and require the release of all oceanic whitetip shark 
(unharmed to the extent practicable) when brought alongside the vessel.

Silky Shark Interaction Mitigation Requirements

    NMFS has implemented specific requirements regarding interactions 
with silky sharks for all U.S. commercial fishing vessels fishing for 
HMS in the WCPFC Area (50 CFR 300.226). These requirements include a 
prohibition on the retention, transshipment, storage or landing of 
silky sharks, and specific requirements for releasing silky sharks that 
are caught by vessels. Under this proposed rule, these regulations 
implementing WCPFC conservation and management measures would no longer 
apply in the overlap area. However, regulations implementing IATTC 
conservation and management measures include similar requirements for 
silky sharks that would apply in the overlap area (50 CFR 300 
300.27(e)-(f)). These regulations implementing IATTC measures prohibit 
the crew, operator, and owner of a commercial purse seine fishing 
vessel from retaining on board, transshipping, storing, or landing any 
part or whole carcass of a silky shark caught by the vessel. 
Additionally, longline vessel crews, operators, and owners are required 
to limit the retained catch of silky shark to a maximum of 20 percent 
in weight of the total catch during each fishing trip.

Restrictions on Fishing in Proximity to Data Buoys

    Although the WCPFC has adopted a decision for the conservation and 
management of data buoys, which NMFS may implement through regulations, 
NMFS regulations regarding fishing on data buoys do not currently apply 
in the overlap area. Under this proposed rule, regulations implementing 
IATTC management measures for fishing on data buoys would go into 
effect in the overlap area (50 CFR 300.25(f)). Except when the fishing 
vessel is operated as part of a scientific research program, a longline 
or purse seine fishing vessel may not be used to fish for highly 
migratory species within one nautical mile of an anchored data buoy in 
the IATTC Area. A fishing vessel, or any fishing gear, equipment, or 
watercraft deployed by such a fishing vessel, cannot be used to 
interact with, or engage in conduct that could impair the function of, 
a data buoy.

Pacific Bluefin Tuna Catch Limits

    There are currently no regulations implementing WCPFC decisions on 
Pacific bluefin tuna. Under this proposed rule, NMFS regulations 
implementing IATTC decisions on Pacific bluefin tuna would go into 
effect in the overlap area (50 CFR 300.25(g)). These regulations 
implementing IATTC measures impose biennial, annual and per trip catch 
limits to the U.S. commercial fishery for Pacific bluefin tuna. These 
regulations also require a purse seine vessel owner or operator to 
provide a pre-trip notification to NMFS 24 hours in advance of 
departing on the fishing trip during specific periods, as notified by 
NMFS.

Mobulid Ray Restrictions

    There are no NMFS regulations implementing WCPFC decisions on 
mobulid rays that apply in the overlap area. Under this proposed rule, 
NMFS regulations implementing IATTC decisions on mobulid rays would go 
into effect in the overlap area (50 CFR 300.27(i)-(j). These 
regulations implementing IATTC measures prohibit the crew, operator, 
and owner of a U.S. commercial fishing vessel from retaining on board, 
transshipping, storing, landing, selling, or offering for sale any part 
or whole carcass of a mobulid ray, except in the case of any mobulid 
ray caught on an observed purse seine vessel if that mobulid ray is not 
seen during fishing operations and is delivered into the vessel hold. 
Specific handling and release requirements also apply.

Shark Handling and Release Requirements for Purse Seine Vessels

    There are no NMFS regulations implementing WCPFC handling and 
release requirements for sharks other than the regulations on whale 
shark, oceanic whitetip shark, and silky shark that currently apply in 
the overlap area and that are described above. Under this proposed 
rule, regulations implementing IATTC decisions for general shark 
handling and release requirements would go into effect (50 CFR 
300.27(k)) in the overlap area. The crew, operator, and owner of a U.S. 
commercial purse seine fishing vessel would be required to promptly 
release any shark (unharmed to the extent practicable, and whether live 
or dead) caught in the IATTC Area, as soon as it is seen in the net or 
on the deck, without compromising the safety of any persons. If a shark 
is live when caught, the crew, operator, or owner must follow release 
procedures specified in the regulations implementing the IATTC 
measures. A specific shark line prohibition for longline vessels would 
also go into effect and would prohibit any U.S. longline vessel used to 
fish for tuna or swordfish from using any shark line in the overlap 
area (50 CFR 300.27(l)).

Reporting and Recordkeeping Requirements

    Regulations for reporting and recordkeeping implementing the WCPF 
Convention and WCPFC decisions and that currently apply in the overlap 
area would continue to apply under the proposed rule, except for the 
requirement to report on purse seine interactions with whale sharks--
that requirement is connected to the regulations implementing the WCPFC 
decision on whale sharks that would no longer apply. Regulations for 
reporting and recordkeeping that implement IATTC decisions would go 
into effect under the proposed rule and apply in the overlap area. 
These regulations are described in detail below.
    The requirement to report on purse seine interactions with whale 
sharks implementing a WCPFC decision and specified at 50 CFR 
300.218(h), would no longer apply in the overlap area. However, a 
corresponding whale shark reporting requirement implementing a IATTC 
decision would apply in the overlap area (50 CFR 300.22(a)(2)).
    Reporting and recordkeeping regulations implementing the WCPF 
Convention and decisions that would continue to apply in the overlap 
area include catch and effort reporting requirements (50 CFR 
300.218(a)), transshipment reporting requirements (50 CFR 300.218(b)), 
transshipment notification requirements (50 CFR 300.218(c)), reporting 
requirements for discards of bigeye, yellowfin, or skipjack tuna from 
purse seine vessels (50 CFR 300.218(e)), reporting requirements for 
purse seine net sharing (50 CFR 300.218(f)), and reports of daily purse 
seine fishing effort (50 CFR 300.218(g)). Additional reporting and 
recordkeeping requirements implementing IATTC decisions would also 
apply in the overlap area. This includes specific logbook reporting 
requirements (50 CFR 300.22(a)), reporting FAD-related data from purse 
seine vessels (50 CFR 300.22(a)(3)(i))

[[Page 60046]]

and reporting on active FADs (50 CFR 300.22(a)(3)(ii)).

WCPFC Record of Fishing Vessels and IATTC Regional Vessel Register 
Requirements

    Requirements implementing the WCPF Convention and WCPFC decisions 
for inclusion on the WCPFC Record of Fishing Vessels would continue to 
apply in the overlap area under the proposed rule. These requirements 
include providing certain information to obtain an endorsement on a 
permit under the regulations implementing the High Seas Fishing 
Compliance Act (50 CFR 300, subpart R) and requirements to provide 
certain information when fishing only in foreign EEZs (50 CFR 300.212 
and 50 CFR 300.213). Additionally, as mentioned above, in order to 
comply with the provisions of the AIDCP, vessels fishing in the overlap 
area are already required to comply with the IATTC RVR requirements at 
50 CFR 300.22(b) and would continue to be subject to those 
requirements.

Vessel Identification Requirements

    Requirements implementing the WCPF Convention and WCPFC decisions 
for vessel identification would continue to apply in the overlap area. 
These include specific vessel marking requirements and requirements to 
obtain International Maritime Organization (IMO) numbers (50 CFR 
300.217). Additionally, as mentioned above, in order to comply with the 
provisions of the AIDCP, vessels fishing in the overlap area are 
already required to comply with the IMO number requirements as part of 
the IATTC RVR requirements at 50 CFR 300.22(b) and would continue to be 
subject to these requirements. The IMO number requirements at 50 CFR 
300.217 and 50 CFR 300.22(b) are essentially the same in that they both 
are applicable to vessels that are 100 gross register tons or greater 
and have provisions for exemptions.

Observers

    Requirements implementing the WCPF Convention and WCPFC decisions 
regarding observers would continue to apply in the overlap area. These 
requirements include pre-trip notification requirements for vessels 
that are required to carry observers to monitor at-sea transshipments 
(50 CFR 300.215(b)), specific provisions for accommodating observers on 
vessels (50 CFR 300.215(c)), at-sea transshipment observer coverage 
requirements (50 CFR 300.215(d)), and purse seine observer coverage 
requirements (50 CFR 300.223(e)). Additionally, as mentioned above, in 
order to comply with the provisions of the AIDCP, vessels fishing in 
the overlap area are already required to comply with the observer 
provisions set forth at 50 CFR 216.24(e), and these provisions would 
continue to apply under the proposed rule. These requirements include 
specific provisions for how research and observation duties are to be 
carried out, specific requirements regarding marine mammals, and 
specific provisions for accommodating observers. Currently, vessels 
fishing in the overlap area are required to comply with the observer 
provisions of regulations implementing the WCPF Convention and 
decisions and regulations implementing requirements arising under the 
IATTC and AIDCP. In some cases, this requires a vessel to carry an 
observer that is designated as a cross-endorsed observer pursuant to a 
Memorandum of Cooperation between the WCPFC and the IATTC that allows 
such observers to meet the observer requirements of both organizations, 
or to carry two separate observers--one to carry out responsibilities 
arising under the WCPFC and another to carry out responsibilities 
arising under the IATTC and AIDCP. The existing observer coverage 
requirements for the overlap area would not change under this proposed 
rule.

Transshipment and Net Sharing

    Requirements implementing the WCPF Convention and WCPFC decisions 
regarding transshipment and net sharing would continue to apply in the 
overlap area. These include prohibitions on at-sea transshipment and 
bunkering for purse seine vessels (50 CFR 300.216(b)(1)), requirements 
for at-sea transshipment observer coverage (50 CFR 300.216(b)(2)), 
general restrictions on transshipment and bunkering for all vessels 
engaged in commercial fishing of HMS in the WCPFC Area (50 CFR 
300.216(b)(3)), and restrictions regarding net sharing (50 CFR 
300.216(c)) that allow net sharing only between purse seine vessels in 
limited circumstances. Regulations that implement IATTC decisions for 
transshipment would go into effect under this proposed rule and would 
also apply in the overlap area. These IATTC regulations include 
prohibitions on at-sea transshipment for purse seine vessels (50 CFR 
300.25(c)). The transshipment regulations implementing IATTC decisions 
are identical to one component of the transshipment regulations 
implementing the WCPF Convention and WCPFC decision, and thus 
application of both the WCPFC and IATTC transshipment prohibition to 
purse seine vessels operating in the overlap area would not subject 
these vessels to additional or contradictory requirements.

Vessel Monitoring System (VMS)

    Requirements implementing the WCPF Convention and WCPFC decisions 
regarding VMS would continue to apply in the overlap area under this 
proposed rule (50 CFR 300.219) and would apply to commercial fishing 
vessels of all sizes. Requirements implementing IATTC decisions 
regarding VMS would also go into effect under this proposed rule and 
would apply in the overlap area (50 CFR 300.26). The requirements to 
implement IATTC decisions apply only to commercial fishing vessels 24 
meters or more in overall length. Given that the requirements 
implementing the WCPF Convention and WCPFC decisions already apply and 
would continue to apply to vessels of all sizes under this proposed 
rule, this proposed rule would add no new VMS requirements, and all 
U.S. commercial fishing vessels fishing for HMS in the overlap area 
would still be required to continuously operate the VMS at all times, 
with certain exceptions.

Other MCS Measures

    Requirements implementing the WCPF Convention and WCPFC decisions 
regarding compliance with laws of other nations (50 CFR 300.214) and 
facilitation of enforcement and inspection (50 CFR 300.221) would 
continue to apply in the overlap area under this proposed rule. The 
regulations implementing IATTC decisions do not include specific 
provisions regarding compliance with laws of other nations or 
facilitation of enforcement and inspection.

Classification

    The Assistant Administrator for Fisheries has determined that this 
proposed rule is consistent with the WCPFCIA, the Tuna Conventions Act, 
and other applicable laws, subject to further consideration after 
public comment.

Administrative Procedure Act

    Section 304(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) provides for a 15-day comment 
period for these types of fishery rules. NMFS finds ``good cause'' 
under the Administrative Procedure Act that a longer notice and comment 
period would be unnecessary and contrary to

[[Page 60047]]

the public interest. 5 U.S.C. 553(b)(B). Specifically, NMFS issued a 
temporary rule closing the high seas and U.S. EEZ between the latitudes 
of 20[deg] N and 20[deg] S in the WCPFC Area to purse seine fishing 
from October 9, 2019, through the end of the calendar year (84 FR 
52035; October 1, 2019), due to reaching the 2019 fishing effort limit 
specified by the WCPFC and implemented by NMFS at 50 CFR 200.223(a). 
Thus, U.S. purse seine vessels are currently unable to fish on the high 
seas in the overlap area. Once the regulatory changes in this proposed 
rule go into effect, that fishery closure would no longer apply. 
Providing more than a 15-day comment period on this proposed rule would 
unnecessarily lengthen the U.S. purse seine fishery closure in the 
overlap area, and thus, NMFS finds good cause to provide the public 
with a 15-day comment period on this proposed rule.

Coastal Zone Management Act (CZMA)

    NMFS determined that this action is consistent to the maximum 
extent practicable with the enforceable policies of the approved 
coastal management program of American Samoa, the Commonwealth of the 
Northern Mariana Islands (CNMI), Guam, and the State of Hawaii. NMFS 
submitted determinations to Hawaii and each of the Territories on 
February 7, 2019, for review by the responsible state and territorial 
agencies under section 307 of the CZMA. The CNMI replied by letter 
dated March 7, 2019, stating that based on the information provided, it 
has determined that the action will be undertaken in a manner that is 
consistent to the maximum extent practicable with the enforceable 
policies of the CNMI's coastal management program. Hawaii replied by 
letter dated February 15, 2019, stating that, because the overlap area 
is outside of the jurisdiction of the Hawaii Coastal Zone Management 
Program's enforceable policies, it would not be responding to the 
consistency determination. No responses were received from Guam or 
American Samoa, and thus, concurrence with the respective consistency 
determinations is presumed (15 CFR 930.41).

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not an 
Executive Order 13771 regulatory action because this rule is not 
significant under Executive Order 12866.

Regulatory Flexibility Act (RFA)

    An IRFA was prepared, as required by section 603 of the RFA. The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered as well as its objectives, 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
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 114111) 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 $11 million for all its 
affiliated operations worldwide.
    The proposed rule would apply to owners and operators of U.S. 
commercial fishing vessels used to fish for HMS in the overlap area, 
including longline vessels, albacore troll vessels, and purse seine 
vessels. The number of such vessels is the number authorized to fish in 
both the IATTC Area and WCPFC Area. The numbers as of October 2, 2019, 
as reflected on the IATTC Vessel Register and the WCPFC Record of 
Fishing Vessels, were 143 longline vessels, 24 albacore troll vessels, 
and 16 purse seine vessels.
    Based on limited financial information about the affected fishing 
fleets, and using individual vessels as proxies for individual 
businesses, NMFS believes that all of the affected longline and 
albacore troll fishing entities, and almost 85% of the purse seine 
fishing entities, are small entities as defined by the RFA; that is, 
they are independently owned and operated and not dominant in their 
fields of operation, and have annual receipts of no more than $11.0 
million. Within the purse seine fleet, analysis of the average revenue, 
by vessel, for the three years of 2016-2018 (most recent data 
available) reveals that average annual revenue among vessels in the 
fleet was about $9.0 million, and the three-year annual averages were 
less than the $11 million threshold for 13 of the 16 vessels on both 
the RVR and RFV.
Recordkeeping, Reporting, and Other Compliance Requirements
    The reporting, recordkeeping and other compliance requirements of 
this proposed rule are described earlier in the preamble. The classes 
of small entities subject to the proposed requirements and the expected 
costs of complying with the proposed requirements are described in this 
proposed rule.
    As described in the Paperwork Reduction Act subsection, although 
there are no new collection-of-information requirements associated with 
this action that are subject to the Paperwork Reduction Act, existing 
collection-of-information requirements would apply in the overlap area, 
under the following Control Numbers: (1) 0648-148, West Coast Region 
Pacific Tuna Fisheries Logbook and Fish Aggregating Device Data 
Collection; (2) 0648-0649, Transshipment Requirements under the WCPFC; 
(3) 0648-0218, South Pacific Tuna Act; (4) 0648-0595, WCPFC Vessel 
Information Family of Forms; and (5) 0648-0204, West Coast Region 
Family of Forms.
    Fulfillment of the requirements under the proposed rule is not 
expected to require any professional skills that affected vessel owners 
and operators do not already possess.
    For longline fishing entities, although as previously described 
there are about 145 such entities that are authorized to be used for 
fishing in the overlap area, there has been very little fishing 
activity in the overlap area (and no longline fishing activity at all 
since 2010), and NMFS has not identified any factors affecting the 
longline fishing status quo. Consequently, NMFS expects the proposed 
action to have little or no effect in terms of recordkeeping, 
reporting, or other compliance requirements for affected longline 
fishing entities.
    For albacore troll fishing entities, NMFS does expect fishing 
activity in the overlap area, so affected troll fishing entities could 
experience effects from the proposed rule. Under the proposed rule, two 
substantive sets of requirements that implement conservation and 
management measures for HMS would be newly applied to the overlap area: 
The regulations to implement IATTC conservation and management measures 
that restrict fishing in proximity to data buoys (50 CFR 300.25(f)), 
and the regulations to implement IATTC conservation and management 
measures prohibiting the retention of mobulid rays (with limited 
exceptions) and requiring that they be handled and released in 
specified

[[Page 60048]]

manners (50 CFR 300.27(i)-(j)). The new data buoy requirements could 
increase operating costs by increasing the time spent at sea in the 
overlap area. For example, the vessel operator and crew would have to 
avoid interactions with data buoys, and if the vessel or gear becomes 
entangled with a data buoy they would need to make sure to disentangle 
the gear carefully, to cause as little damage to the data buoys as 
possible. As NMFS found in the analysis in support of the 2011 
rulemaking establishing these requirements throughout the IATTC Area, 
NMFS expects interactions with data buoys to be rare (76 FR 68332; 
November 4, 2011). Moreover, data from the National Data Buoy Center 
(NDBC) indicates that only one anchored data buoy is located in the 
overlap area. Since interactions with data buoys would be unlikely to 
occur in the overlap area, the compliance costs are expected to be 
minor or nil. NMFS does not expect the mobulid ray requirements to lead 
to any compliance costs for albacore troll fishing vessels, because 
there is very little bycatch in albacore troll fisheries (81 FR 50401; 
August 1, 2016).
    Some of the regulations implementing WCPFC conservation and 
management measures (at 50 CFR part 300, subpart O) would no longer 
apply in the overlap area, but they would be replaced with comparable 
regulations implementing IATTC conservation and management measures (at 
50 CFR part 300, subpart C) that will now apply in this area. 
Specifically, the IATTC prohibition against retaining oceanic whitetip 
shark, implemented by 50 CFR 300.27(d)), would now apply in the overlap 
area. The requirements under the regulations implementing WCPFC 
decisions and IATTC decisions are similar, and NMFS does not expect any 
substantive change in compliance costs. There would also be new 
requirements that apply in the overlap area for albacore troll fishing 
entities under regulations implementing IATTC decisions for MCS 
measures, including logbook reporting requirements (50 CFR 
300.22(a)(1)) and VMS requirements (50 CFR 300.26). However, because 
the affected albacore troll fishing entities are already required to 
comply with the requirements regarding the IATTC RVR and to comply with 
the logbook reporting and VMS requirements when fishing in the IATTC 
Area, the addition of the regulations that implement IATTC decisions 
would not require substantial changes in practices and would not be 
expected to bring any change in compliance costs.
    For the purse seine fishing entities, the removal of several 
regulations that implement WCPFC conservation and management measures 
from the overlap area would be expected to reduce compliance costs, but 
those reductions would be somewhat offset by compliance costs 
associated with the imposition of similar regulations to implement 
IATTC conservation and management measures in the overlap area. The 
regulations that would be removed from the overlap area are the annual 
limits on purse seine fishing effort and the seasonal prohibitions on 
setting on FADs (50 CFR 300.223(b)). The regulations that would be 
applied are the seasonal closures on purse seine fishing and purse 
seine FAD restrictions (50 CFR 300.28). The respective purse seine 
measures of IATTC and WCPFC are not directly comparable, and NMFS 
cannot predict their respective potential compliance costs with any 
precision. Accordingly, only a qualitative comparison of their 
respective compliance costs is possible. The measures as they would 
apply on the high seas are what matter for this analysis, since no 
portion of the U.S. EEZ is within the overlap area, and no U.S. 
commercial HMS fishing vessels have had a history of fishing in the 
foreign EEZs in the overlap area. If the IATTC measures were applied in 
the overlap area in this proposed rule, U.S. purse seine fishing 
entities would be subject to one of the IATTC's two 72-day prohibitions 
on purse seine fishing (50 CFR 300.25(e)) in the overlap area each 
year. If instead the WCPFC measures applied in the overlap area, U.S. 
purse seine fishing entities would be allowed, collectively, to spend 
1,270 fishing days on the high seas in the WCPFC Area each year, with 
fishing days spent in the overlap area counting against that limit, and 
they would be subject to 5-month prohibitions on fishing on FADs in the 
overlap area each year (50 CFR 300.223). Although, the two sets of 
measures are not directly comparable, the IATTC measures would provide 
greater fishing opportunities to most or all affected purse seine 
fishing entities than those of WCPFC, because the IATTC purse seine 
closure period is shorter than the purse seine closures that have been 
in effect on the high seas in the WCPO due to the purse seine fishing 
effort limits specified by the WCPFC (in 2015, closure from June 15 
through December 31, 2015; in 2016, closure from September 2 through 
December 31, 2016; in 2018, closure from September 18 through December 
31, 2018; in 2019, closure from October 9 through December 31, 2019) or 
the WCPFC FAD prohibition periods. Further, the vessels operating under 
IATTC measures have greater operational certainty (affording logistical 
and maintenance predictability) because the vessel owner chooses 
between one of two closure periods rather than being subject to a 
variable closure date under WCPFC measures. It is not possible to 
predict the degree to which those opportunities would be taken 
advantage of, but the greater opportunities and the flexibility they 
provide indicate that application of IATTC measures in the overlap area 
would likely reduce compliance costs for the directly affected purse 
seine fishing entities.
    Purse seine fishing entities authorized to fish in the WCPFC Area 
but not in the overlap area would not be directly affected by the 
proposed rule, but they could be indirectly affected. The fishing 
effort limits set forth in WCPFC conservation and management measures 
would no longer apply in the overlap area, allowing greater fishing 
effort in the overlap area. Additionally, under the proposed rule, 
fishing effort in the overlap area would not be counted against WCPFC 
limits, potentially increasing fishing opportunities for the U.S. purse 
seine fleet outside the overlap area. This is based on trends in recent 
years showing increased U.S. purse seine fishing activity in the 
overlap area. If all of the fishing days in the overlap area no longer 
count towards the WCPFC-specified fishing effort limits, it is likely 
that more fishing days would be available to U.S. purse seine vessels 
on the high seas in the WCPFC Area outside of the overlap area.
    In addition to the changes to the purse seine-specific regulations 
just described, several substantive requirements would apply to purse 
seine fishing entities in the overlap area under the proposed rule that 
do not currently apply in that area: The regulations implementing IATTC 
conservation and management measures on FADs (50 CFR 300.28), the 
Pacific bluefin tuna catch limit (50 CFR 300.25(g)), restrictions on 
fishing in proximity to data buoys (50 CFR 300.25(f)), requirements to 
release non-tuna species (50 CFR 300.27), requirements to release 
mobulid rays (with limited exceptions) and release them in specified 
manners (50 CFR 300.27(i)-(j)), and requirements to release sharks and 
handle them in specified manners (50 CFR 300.27(k)), as explained in 
more detail below.
    The FAD management measures include FAD identification regulations 
that would require that deployed FADs be physically marked with unique 
identifiers, as well as limits on the number of active FADs, 
restrictions on

[[Page 60049]]

FAD deployments and removals, and FAD design regulations, which would 
require that all FADs on board or deployed meet certain specifications, 
particularly with respect to the use of netting. As mentioned above, 
U.S. purse seine vessels fishing in the overlap area are currently 
required to comply with the regulations for inclusion on the IATTC RVR. 
Thus, although this proposed rule would change the area of application 
of the FAD management regulations at 50 CFR 300.28, all of the affected 
vessels are currently complying with those regulations when fishing in 
the EPO. Data from 2014-2018 shows that all current U.S. purse seine 
vessels that fished in the overlap area also fished in the EPO. For 
affected entities, the change in area of application of the FAD 
management regulations probably would only bring a minor increase in 
costs or no increased costs, as they are already complying with those 
regulations when fishing in the EPO outside the overlap area. Moreover, 
there are comparable limits for the number of active FADs currently 
applicable in the overlap area under the regulations implementing WCPFC 
decisions at 50 CFR 300.223(b).
    The Pacific bluefin tuna catch limit that would go into effect in 
the overlap area under the proposed rule would not be expected to bring 
compliance costs to the large U.S. purse seine vessels that fish in the 
overlap area, as these vessels generally do not target or catch Pacific 
bluefin tuna.
    The data buoy requirements could increase operating costs by 
increasing the time spent at sea for a given amount of fishing. For 
example, vessels would not be able to fish within one nautical mile of 
an anchored data buoy, they would have to avoid interactions with data 
buoys, and if the vessel or gears becomes entangled with a data buoy, 
the operator and crew would need to make sure to disentangle the gear 
carefully to cause as little damage to the data buoys as possible. As 
NMFS found in the 2011 rulemaking that established these requirements 
throughout the IATTC Area, NMFS expects interactions with data buoys to 
be rare (76 FR 68332; November 4, 2011). Moreover, there is a low 
number of data buoys located in the overlap area. Based on data from 
the NDBC, only one anchored data buoy is located in the overlap area. 
Thus, interactions with data buoys would be even more unlikely to 
occur, so the compliance costs are expected to be minor.
    The requirements to release non-tuna species, mobulid rays, and 
sharks are not expected to substantially affect business revenues, 
because none of the affected fishing entities target non-tuna species, 
sharks, or rays. However, the requirements could lead to increased time 
spent by vessel operators and crew handling and releasing incidentally 
caught non-tuna species, sharks, and rays in the specified manner, and 
so could bring modest compliance costs. In addition, these requirements 
could detrimentally affect revenues if targeted tuna are incidentally 
released when these species are intentionally released from the brailer 
to comply with the regulations. However, affected U.S. purse seine 
vessel owners and operators are already subject to these requirements 
when fishing in the IATTC Area, and thus the small change in the area 
of application of these requirements would not be expected to 
substantially increase compliance costs.
    Some regulations implementing WCPFC conservation and management 
measures for HMS (at 50 CFR part 300, subpart O) would no longer apply 
in the overlap area. However, comparable regulations that implement 
IATTC conservation and management measures for HMS (at 50 CFR part 300, 
subpart C) would now apply in the overlap area. Regulations that would 
shift in this manner include requirements to retain all catch of bigeye 
tuna, skipjack tuna, and yellowfin tuna (50 CFR 300.27(a)), not to 
retain oceanic whitetip shark (50 CFR 300.27(d)), and not to retain 
silky shark (50 CFR 300.27(e)); requirements regarding sea turtle 
handling and release (50 CFR 300.27(c)); whale shark restrictions (50 
CFR 300.27(g)-(h)); and whale shark encirclement reporting requirements 
(50 300.22(a)(2)). For these requirements, the two sets of regulations 
are similar, and NMFS does not expect any substantive change in 
compliance costs.
    There would also be five requirements for purse seine fishing 
entities under the regulations implementing IATTC conservation and 
management measures that would go into effect under the proposed rule. 
These requirements include reporting on FAD interactions (50 CFR 
300.22(a)(3)(i)), reporting on active FADs (50 CFR 300.22(a)(3)(ii)), 
logbook reporting requirements (50 CFR 300.22(a)(1)), transshipment 
requirements (50 CFR 300.25(c)), and VMS requirements (50 CFR 300.26). 
The first two requirements (reporting on FAD interactions and reporting 
on active FADs) would bring substantive new requirements. Regarding the 
requirement for reporting on FAD interactions, as NMFS found in the 
2016 rulemaking that established the requirement throughout the IATTC 
Area (excepting the overlap area), NMFS expects a minimal additional 
time burden for owners and operators of large purse seine vessels to 
record the specified information for FAD interactions activities, and 
expects minor impacts on business incomes (81 FR 86966; December 2, 
2016). Regarding reporting on active FADs, as NMFS found in the 2018 
rulemaking establishing the requirement throughout the IATTC Area 
(excepting the overlap area), NMFS does not expect any increase in 
compliance costs, because it is likely that vessel operators are 
already collecting the necessary information (83 FR 15503; April 11, 
2018). The latter three requirements (logbook reporting requirements, 
transshipment requirements, and VMS requirements), are not expected to 
bring any new compliance costs, because the affected purse seine 
fishing entities are currently subject to those regulations when 
fishing in the IATTC Area outside of the overlap area, and the addition 
of these regulations in the overlap area would not require substantial 
changes in practices. Moreover, the regulations implementing the IATTC 
prohibition on at-sea transshipments for purse seine vessels is 
essentially identical to regulations already in effect in the overlap 
area implementing the WCPF Convention and WCPFC decisions. Similarly, 
the regulations implementing the IATTC VMS provisions are essentially 
identical to regulations already in effect in the overlap area 
implementing the WCPF Convention and WCPFC decisions, but would just 
apply to a smaller group of vessels--vessels 24 meters or more in 
overall length. Given that the requirements implementing the WCPF 
Convention and WCPFC decisions already apply and would continue to 
apply under the proposed rule to vessels of all sizes, there would be 
no new VMS requirements under the proposed rule, and all U.S. 
commercial fishing vessels fishing for HMS in the overlap area would 
still be required to continuously operate the VMS at all times, with 
certain exceptions.
    In summary, this proposed rule would be expected to have little or 
no effect on the compliance costs of any affected entities, except 
purse seine fishing entities. For purse seine fishing entities, this 
rule would bring modest increases in compliance costs associated with 
several requirements that would go into effect in the overlap area. 
However, these costs would be counteracted by a potentially substantial 
reduction in compliance costs associated with removal of the 
regulations to implement WCPFC conservation and management measures for 
fishing effort limits and

[[Page 60050]]

FAD prohibition periods from application in the overlap area.

Disproportionate Impacts

    NMFS does not expect any disproportionate economic impacts between 
small and large entities operating vessels resulting from this rule. 
Furthermore, NMFS does not expect any disproportionate economic impacts 
based on vessel size, gear, or homeport.

Duplicating, Overlapping, and Conflicting Federal Regulations

    NMFS has not identified any Federal regulations that conflict with 
the proposed regulations. NMFS has identified several Federal 
regulations that duplicate or overlap with the proposed regulations. 
These include: The proposed logbook reporting requirements at 50 CFR 
300.22(a)(1), which overlap with existing regulations at 50 CFR 
300.34(b)(1) and 300.218(a), the proposed transshipment requirements at 
50 CFR 300.25(c), which overlap with existing regulations at 50 CFR 
300.216(b), and the proposed VMS regulations at 50 CFR 300.26, which 
overlap with existing regulations at 50 CFR 300.45 and 300.219. 
However, as described above, these regulations impose requirements 
which are substantially similar to, or in some cases identical to, 
requirements imposed under regulations currently applicable in the 
overlap area. Thus, application of these overlapping requirements is 
not expected to create significant economic burdens on vessel owners 
and operators.

Alternatives to the Proposed Rule

    NMFS has sought to identify alternatives that would minimize the 
proposed rule's economic impacts on small entities (``significant 
alternatives''). For most affected entities, the proposed action is 
likely to have no economic impact or a positive economic impact 
compared to the no-action alternative. NMFS also considered the 
alternative of removing application from the overlap area of all 
regulations derived from WCPFC conservation and management measures and 
from the WCPF Convention. This alternative would likely result in lower 
compliance costs than the proposed action for some affected entities, 
but it would not be consistent with U.S. obligations under the WCPF 
Convention, since the decisions of the IATTC and WCPFC regarding the 
overlap area cannot alter existing obligations under the WCPF 
Convention. Therefore, NMFS does not prefer this alternative.

Paperwork Reduction Act

    Although there are no new collection-of-information requirements 
associated with this action that are subject to the Paperwork Reduction 
Act, existing collection of information requirements would apply in the 
overlap area, under the following Control Numbers: (1) 0648-0148, West 
Coast Region Pacific Tuna Fisheries Logbook and Fish Aggregating Device 
Data Collection; (2) 0648-0649, Transshipment Requirements under the 
WCPFC; (3) 0648-0218, South Pacific Tuna Act; (4) 0648-0595, WCPFC 
Vessel Information Family of Forms; and (5) 0648-0204, West Coast 
Region Family of Forms.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Fishing vessels, Marine resources, Reporting and recordkeeping 
requirements, Treaties.


    Dated: November 4, 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 part 300 is 
proposed to be amended as follows:

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 definition of ``Convention Area or IATTC 
Convention Area'' to read as follows:


Sec.  300.21  Definitions

* * * * *
    Convention Area or IATTC Convention Area means: All waters of the 
Pacific Ocean within the area bounded by the west coast of the Americas 
and by 50[deg] N latitude from the coast of North America to its 
intersection with 150[deg] W longitude, then 150[deg] W longitude to 
its intersection with 50[deg] S latitude, and then 50[deg] S latitude 
to its intersection with the coast of South America.
* * * * *

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

0
3. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

    Authority: 16 U.S.C. 6901 et seq.

0
4. In Sec.  300.211, add a definition of ``Overlap Area'' in 
alphabetical order to read as follows:


Sec.  300.211  Definitions

* * * * *
    Overlap Area means the area of overlap of the IATTC area of 
competence of the commission and the Convention Area, as described by 
all waters of the Pacific Ocean in the area bounded by 50[deg] S 
latitude, 4[deg] S latitude, 150[deg] W longitude, and 130[deg] W 
longitude.
* * * * *
0
5. In Sec.  300.218, revise paragraph (h) to read as follows:


Sec.  300.218  Reporting and recordkeeping requirements.

* * * * *
    (h) Whale shark encirclement reports. The owner and operator of a 
fishing vessel of the United States used for commercial fishing in the 
Convention Area that encircles a whale shark (Rhincodon typus) with a 
purse seine in the Convention Area shall ensure that the incident is 
recorded by the end of the day on the catch report forms maintained 
pursuant to Sec.  300.34(c)(1), in the format specified by the Pacific 
Islands Regional Administrator. This paragraph does not apply in the 
territorial seas or archipelagic waters of any nation, as defined by 
the domestic laws and regulations of that nation and recognized by the 
United States, or in the Overlap Area.

0
6. In Sec.  300.223, revise the introductory text to read as follows:


Sec.  300.223  Purse seine fishing restrictions.

    None of the requirements of this section 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. Except as required in subsection (e) 
below, none of the requirements of this section apply in the Overlap 
Area. All dates used in this section are in Universal Coordinated Time, 
also known as UTC; for example: The year 2013 starts at 00:00 on 
January 1, 2013 UTC and ends at 24:00 on December 31, 2013 UTC; and 
July 1, 2013, begins at 00:00 UTC and ends at 24:00 UTC.
* * * * *
0
7. In Sec.  300.224, add introductory text to read as follows:


Sec.  300.224  Longline fishing restrictions.

    None of the requirements of this section apply in the Overlap Area.
* * * * *

[[Page 60051]]

0
8. In Sec.  300.226, add introductory text to read as follows:


Sec.  300.226  Oceanic whitetip shark and silky shark.

    None of the requirements of this section apply in the Overlap Area.
* * * * *
[FR Doc. 2019-24304 Filed 11-6-19; 8:45 am]
 BILLING CODE 3510-22-P