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, 37376-37390 [2020-11981]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Rules and Regulations]
[Pages 37376-37390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11981]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 200528-0149]
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: Final rule.

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SUMMARY: Under authority of the Western and Central Pacific Fisheries 
Convention Implementation Act (WCPFCIA) and the Tuna Conventions Act, 
NMFS issues this final rule that revises the management regime for U.S. 
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 rule 
applies all regulations implementing IATTC resolutions in the area of 
overlapping jurisdiction and some regulations implementing WCPFC 
provisions. 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 a member of the 
IATTC and the WCPFC, pursuant to the authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (WCPFCIA) and 
the Tuna Conventions Act.

DATES: This rule is effective on July 22, 2020, except for 50 CFR 
300.218, which is delayed. NOAA will publish a document in the Federal 
Register announcing the effective date.

[[Page 37377]]


ADDRESSES: Copies of supporting documents prepared for this final rule, 
including the regulatory impact review (RIR) and the environmental 
assessment (EA), as well as the proposed rule (84 FR 60040; November 7, 
2019), are available via the Federal e-rulemaking Portal, at 
www.regulations.gov (search for Docket ID NOAA-NMFS-2018-0049). Those 
documents are also available from NMFS at the following address: 
Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands 
Regional Office (PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 
96818.
    A final regulatory flexibility analysis (FRFA) prepared under 
authority of the Regulatory Flexibility Act is included in the 
Classification section of the SUPPLEMENTARY INFORMATION section of this 
document.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to PIRO at the address listed above, by email to 
[email protected]">OIRA_[email protected], or by fax to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.

SUPPLEMENTARY INFORMATION: 

Background

    On June 12, 2018, NMFS published an advance notice of proposed 
rulemaking in the Federal Register (83 FR 27305) seeking public input 
about whether it should change the management regime for fishing 
vessels that target tunas and other HMS in the area of overlapping 
jurisdiction in the Pacific Ocean between the IATTC and the WCPFC. On 
November 7, 2019, NMFS published a proposed rule in the Federal 
Register (84 FR 60040) proposing to revise that management regime. The 
proposed rule was open for public comment until November 22, 2019.
    This final rule is issued under the authority of the WCPFCIA (16 
U.S.C. 6901 et seq.) and the Tuna Conventions Act (16 U.S.C. 951 et 
seq.). The United States is a member of both IATTC and WCPFC. NMFS 
implements decisions of WCPFC under the authority of the WCPFCIA and 
decisions of IATTC under the authority of the Tuna Conventions Act. 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'').
    This final rule changes management of the overlap area in 
accordance with WCPFC and IATTC decisions (described below) regarding 
the overlap area. Specifically, this final rule changes management of 
the overlap area so that all NMFS regulations implementing IATTC 
resolutions apply in the overlap area. NMFS regulations implementing 
WCPFC conservation and management measures that place limits or 
restrictions on catch, fishing effort, and bycatch mitigation no longer 
apply in the overlap area, except that existing WCPFC regulations 
prohibiting transshipments at sea from or to purse seine vessels 
continue to apply. A few regulations implementing WCPFC conservation 
and management measures, will continue to apply in the overlap area for 
the reasons described below, in the section that follows Table 1.
    The WCPFC and IATTC decisions addressing the overlap area (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, hereafter ``WCPFC-IATTC 
joint decision on the overlap area''), broadly indicate that a member 
of both commissions, such as the United States, may decide and notify 
both commissions which commission's conservation and management 
measures it intends to apply.
    In the proposed rule, NMFS proposed that regulations implementing 
WCPFC measures that control fishing activity, 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. NMFS stated in the proposed 
rule that it currently implements, and would continue to implement, the 
MCS measures pursuant to its obligations under the Convention on the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (WCPF Convention).
    As described in more detail in the Comments and Responses section 
below, NMFS received comments on the proposed rule expressing concern 
regarding continued application of WCPFC MCS management measures in the 
overlap area. In particular, U.S. purse seine industry representatives 
indicated that the requirement for vessels to carry WCPFC observers in 
the overlap area is unnecessary and would make fishing in the overlap 
area more logistically complicated and unduly burdensome than if the 
rule did not continue to apply that requirement in the overlap area. If 
this requirement continues to apply, vessels would continue to need to 
carry two observers (an IATTC observer and a WCPFC observer) or carry a 
cross-endorsed observer \1\ when fishing the overlap area.
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    \1\ A cross-endorsed observer is an observer that is ``cross-
endorsed'' pursuant to a Memorandum of Cooperation between the WCPFC 
and the IATTC that specifies a process to allow the observer to meet 
the observer requirements of both organizations.
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    NMFS has reexamined the proposed rule and believes the following 
regulations, proposed to be maintained in the overlap area in the 
proposed rule, need not apply in the overlap area for the United States 
to fulfill its obligations under the WCPF Convention:
     Transshipment observer requirements (50 CFR 300.215(b) and 
(d));
     general requirements to carry WCPFC observers (50 CFR 
300.215(c)(1) and (2));
     transshipping, bunkering, and net sharing requirements (50 
CFR 300.216(b)(2)-(3) and (c));
     transshipment reporting requirements (50 CFR 300.218(b) 
and (d));
     discard reporting requirements (50 CFR 300.218(e));
     net sharing reporting requirements (50 CFR 300.218(f));
     daily purse seine fishing effort reports (50 CFR 
300.218(g)); and
     purse seine observer coverage (50 CFR 300.223(e)).
    Therefore, this final rule removes the above WCPFC regulations, in 
addition to those WCPFC regulations identified in the proposed rule, 
from application in the overlap area.
    Under this final rule, a few other WCPFC regulations continue to 
apply in the overlap area, as explained in more detail below in the 
section describing the action.
    The preamble to the proposed rule provides additional information 
on all relevant IATTC and WCPFC regulations, including additional 
information on the regulations that previously applied in the overlap 
area and the development of the proposed rule, which is not repeated 
here.

The Action

    This final rule changes the definition of ``IATTC Convention Area'' 
at 50 CFR 300.21 to include the overlap area with respect to all the 
regulations at 50 CFR part 300, subpart C, with the effect that

[[Page 37378]]

all regulations at 50 CFR part 300, subpart C, now apply in the overlap 
area (except in cases where particular regulations apply to more 
specific areas within the IATTC Area). The requirements under the 
Marine Mammal Protection Act and the Agreement on the International 
Dolphin Conservation Program (AIDCP), including observer requirements 
at 50 CFR 216.24(e), which already applied in the overlap area, 
continue to apply under the final rule. Table 1, below, lists the 
specific regulations, including citations, implementing WCPFC 
management measures and IATTC management measures that apply in the 
overlap area under the final rule. A detailed description of these 
regulations is provided in the proposed rule preamble and below.
    In addition to those IATTC regulations described in the proposed 
rule, this final rule will apply several newly implemented IATTC 
regulations in the overlap area. Subsequent to publication of the 
proposed rule, NMFS published a final rule that expands the requirement 
for vessel owners to obtain International Maritime Organization (IMO) 
numbers to include smaller U.S. vessels fishing for tuna and tuna-like 
species in the IATTC Area and relaxes the restrictions on retention of 
incidental catch by purse seine vessels (84 FR 70040; December 20, 
2019; corrected in 85 FR 8198; February 13, 2020). Under that final 
rule, all purse seine vessels are required to release all billfish, ray 
(except mobulid ray), dorado, and other fish species, except tuna, 
tuna-like species, and fish retained for consumption aboard the vessel. 
That final rule became generally effective on January 21, 2020; 
however, new or revised requirements related to collection of 
information, including the new IMO number requirements, are not yet in 
effect. The regulations implementing this rule are found at 50 CFR part 
300, subpart C, and are applicable in the overlap area.\2\
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    \2\ NMFS published a proposed rule on January 24, 2020 (85 FR 
4250), to implement provisions in IATTC Resolutions C-19-01 
(``Amendment to Resolution C-18-05 on the Collection and Analysis of 
Data on Fish Aggregating Devices (FADs)''), C-19-05 (``Amendment to 
the Resolution C-16-06 Conservation Measures for Shark Species, with 
Special Emphasis on the Silky Sharks (Carcharhinus Falciformis), for 
the Years 2020-2021''), and C-18-07 (``Resolution on Improving 
Observer Safety At Sea: Emergency Action Plan''), and AIDCP 
Resolution A-18-03 (``On Improving Observer Safety At Sea: Emergency 
Action Plan'').
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    Under this final rule, the following regulations at 50 CFR part 
300, subpart O, which implement WCPFC conservation and management 
measures, no longer apply in the overlap area: \3\
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    \3\ This list includes those regulations that NMFS proposed 
removing from application in the overlap area under the proposed 
rule, as well as the additional regulations described above that 
were not included in the proposed rule.
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     Transshipment observer requirements (50 CFR 300.215(b) and 
(d));
     general requirements to carry WCPFC observers (50 CFR 
300.215(c)(1) and (c)(2));
     transshipping, bunkering, and net sharing requirements (50 
CFR 300.216(b)(2)-(3) and (c));
     purse seine fishing effort limits (50 CFR 200.223(a));
     purse seine fish aggregating device (FAD) restrictions (50 
CFR 300.223(b));
     purse seine catch retention requirements (50 CFR 
300.223(d));
     purse seine observer coverage (50 CFR 300.223(e));
     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));
     oceanic whitetip and silky shark interaction mitigation 
(50 CFR 300.226); and
     reporting requirements that are associated with the 
regulations listed above that would no longer apply in the overlap area 
(transshipment reporting requirements at 50 CFR 300.218(b) and (d); 
discard reporting requirements at 50 CFR 300.218(e); net sharing 
reporting requirements at 50 CFR 300.218(f); daily purse seine fishing 
effort reports at 50 CFR 300.218(g), and whale shark reporting 
requirements at 50 CFR 300.218(h))
    Table 1 shows the regulations that apply and no longer apply in the 
overlap area under the final rule.

                               Table 1--Table of Regulations Under the Final Rule
----------------------------------------------------------------------------------------------------------------
     Regulations implementing WPCFC decisions                 Regulations implementing IATTC decisions
----------------------------------------------------------------------------------------------------------------
                                     Applies in                                 Applies in
      50 CFR 300 subpart O          overlap area     50 CFR 300 subpart C      overlap area       Changed from
                                 under final rule?       or 50 CFR 216      under final rule?    proposed rule
----------------------------------------------------------------------------------------------------------------
Sec.   300.223(a) Purse seine    No...............  Sec.   300.25(e) Purse  Yes..............  No.
 fishing effort limits.                              seine closures.
Sec.   300.223(b) Purse seine    No...............  Sec.   300.28 Purse     Yes..............  No.
 fish aggregating devices                            seine FAD
 (FADs).                                             restrictions.
Sec.   300.223(d) Purse seine    No...............  Sec.   300.27(a) Tuna   Yes..............  No.
 catch retention.                                    retention
                                                     requirements for
                                                     purse seine vessels.
Sec.   300.223(f) Purse seine    No...............  Sec.   300.27(c) Purse  Yes..............  No.
 sea turtle mitigation.                              seine sea turtle
                                                     handling and release.
Sec.   300.223(g)-(h) Purse      No...............  Sec.   300.27(g)-(h)    Yes..............  No.
 seine whale shark mitigation.                       Purse seine whale
                                                     shark restrictions
                                                     for purse seine
                                                     vessels.
Sec.   300.224 Longline fishing  No...............  Sec.   300.25(a)        Yes..............  No.
 restrictions.                                       Longline tuna catch
                                                     limits.
Sec.   300.226 Oceanic whitetip  No...............  Sec.   300.27(d)        Yes..............  No.
 shark and silky shark.                              Oceanic whitetip
                                                     shark restrictions;
                                                     Sec.   300.27(e)-(f)
                                                     Silky shark
                                                     restrictions.
No comparable requirements.....  N/A..............  Sec.   300.25(b) Use    Yes..............  No (though not
                                                     of tender vessels.                         included in
                                                                                                description of
                                                                                                proposed rule).
No comparable requirements.....  N/A..............  Sec.   300.25(f)        Yes..............  No.
                                                     Restrictions on
                                                     fishing in proximity
                                                     to data buoys.
No comparable requirements.....  N/A..............  Sec.   300.25(g)        Yes..............  No.
                                                     Pacific bluefin tuna
                                                     catch limits.
No comparable requirements.....  N/A..............  Sec.   300.27(b)        Yes..............  No.
                                                     Release requirements
                                                     for non-tuna species
                                                     on purse seine
                                                     vessels.
No comparable requirements.....  N/A..............  Sec.   300.27(i)-(j)    Yes..............  No.
                                                     Mobulid ray
                                                     restrictions.
No comparable requirements.....  N/A..............  Sec.   300.27(k) Shark  Yes..............  No.
                                                     handling and release
                                                     requirements for
                                                     purse seine vessels.
No comparable requirements.....  N/A..............  Sec.   300.27(l) Shark  Yes..............  No.
                                                     line prohibition for
                                                     longline vessels.

[[Page 37379]]

 
Sec.   300.212 WCPFC vessel      Yes..............  Sec.   300.22(b) IATTC  Yes..............  No.
 permit endorsements.                                vessel register
                                                     requirements.
Sec.   300.213 Vessel            Yes..............  No comparable           N/A..............  No.
 information requirements for                        requirements.
 fishing in foreign exclusive
 economic zones (EEZs).
Sec.   300.214 Compliance with   Yes..............  No comparable           N/A..............  No.
 Laws of Other Nations.                              requirements.
Sec.   300.215(c)(3), (c)(4),    Yes..............  Sec.   216.24(e) Purse  Yes..............  No.
 and (c)(5) Accommodating                            seine observers *.
 observers.
Sec.   300.215(b), (c)(1),       No...............  No comparable           N/A..............  Yes.
 (c)(2), and (d) Observers and                       requirements.
 Transshipment observers.
Sec.   300.216(b)(1) Purse       Yes..............  Sec.   300.25(c) Purse  Yes..............  No.
 seine transshipment at sea.                         seine transshipment
                                                     requirements.
Sec.   300.216(b)(2)-(3) and     No...............  No comparable           N/A..............  Yes.
 (c) Transshipping, bunkering                        requirements.
 and net sharing.
Sec.   300.217 Vessel            Yes..............  Sec.                    Yes..............  No.
 identification.                                     300.22(b)(3)(ii) IMO
                                                     numbers.
Sec.   300.218 Reporting and     Yes **...........  Sec.   300.22           Yes..............  Yes.**
 recordkeeping requirements.                         Recordkeeping and
                                                     reporting
                                                     requirements.
Sec.   300.219 Vessel            Yes..............  Sec.   300.26 Vessel    Yes..............  No.
 monitoring system.                                  Monitoring System.
Sec.   300.221 Facilitation of   Yes..............  No comparable           N/A..............  No.
 enforcement and inspection.                         requirements.
Sec.   300.223(e) Purse seine    No...............  Sec.   216.24(e) Purse  Yes..............  Yes.
 observer coverage.                                  seine observers *.
No comparable requirements.....  N/A..............  Sec.   216.24           Yes..............  No.
                                                     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.) *.
----------------------------------------------------------------------------------------------------------------
* 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.
** The transshipment reporting requirements at 50 CFR 300.218(b) and (d), the discard reporting requirements at
  50 CFR 300.218(e), the net sharing reporting requirements at 50 CFR 300.218(f), the daily purse seine fishing
  effort reports at 50 CFR 300.218(g), and the whale shark reporting requirements at 50 CFR 300.218(h) no longer
  apply in the overlap area. The whale shark reporting requirements were described as no longer applicable in
  the overlap area under the proposed rule. However, the other requirements listed here that no longer apply in
  the overlap area are changes from the proposed rule.
Note: Titles of regulation sections have been modified in some instances to include additional descriptive
  information.

    The narrative that follows provides an explanation of why certain 
WCPFC regulations continue to apply in the overlap area, while other 
WCPFC regulations no longer apply in the overlap area, under this final 
rule. The narrative is organized into topic areas.

Recordkeeping and Reporting

    The regulations at 50 CFR 300.218(a) for catch and effort reporting 
continue to apply in the overlap area under the final rule. NMFS is 
required to maintain these provisions to fulfill its obligations under 
the WCPF Convention (see Annex III, Article 5, requiring vessel 
operators to ``record and report vessel position, catch of target and 
non-target species, fishing effort, and other relevant fisheries 
data'').
    The regulations for transshipment reporting and notices at 50 CFR 
300.218(b) and (d) apply to transshipment of fish caught in the WCPFC 
Area and transshipped anywhere. Thus, they continue to apply to 
transshipments of fish caught in the WCPFC Area outside the overlap 
area and transshipped inside the overlap area under this final rule. 
However, these regulations no longer apply to transshipments of fish 
caught in the overlap area and transshipped in the overlap area.
    The reporting requirements at 50 CFR 300.218 (e), (f), (g), and 
(h), regarding purse seine discards, purse seine net sharing, daily 
purse seine fishing effort, and whale shark encirclements no longer 
apply in the overlap area.

Vessel Authorizations and Information

    The requirements for vessel owners and operators to apply for and 
obtain from NMFS an endorsement to fish in the WCPFC Area (WCPFC Area 
Endorsement) and to provide certain information to NMFS if the vessel 
is used for fishing in waters under the jurisdiction of a nation other 
than the United States (50 CFR 300.212 and 50 CFR 300.213) continue to 
apply in the overlap area. The United States is required by the WCPF 
Convention to prohibit fishing vessels entitled to fly its flag to fish 
beyond its areas of national jurisdiction unless they have been 
authorized to do so and the United States must also ``maintain a record 
of fishing vessels entitled to fly its flag and authorized to be used 
for fishing in the [WCPF] Convention Area beyond its areas of national 
jurisdiction'' and ``ensure that all such fishing vessels are entered 
in that record'' (Article 24, Paragraphs 2 and 4). Accordingly, to 
continue to fulfill these requirements, NMFS is maintaining the 
regulations at 50 CFR 300.212 and 300.213 in the overlap area.

Vessel Identification

    The vessel identification requirements at 50 CFR 300.217 continue 
to apply in the overlap area. The requirements include specific vessel 
marking requirements as well as requirements for obtaining IMO numbers. 
NMFS must maintain the marking requirement to fulfill its obligations 
under both the WCPF Convention (see Annex III, Article 6, Paragraph 3, 
stating that vessels must be ``marked and identified in accordance with 
the FAO Standard Specifications for the Marking and Identification of 
Fishing Vessels or such alternative standard as may be adopted by the 
Commission'') and the regulations implementing the High Seas Fishing 
Compliance Act (see 50 CFR 300.36). NMFS is maintaining the requirement 
for obtaining IMO numbers in the overlap area (50 CFR 300.217(c)).

[[Page 37380]]

A parallel IATTC regulation (50 CFR 300.22(b)) imposes the same 
requirement, so maintaining orremoving the WCPFC regulation in the 
overlap area would have no effect on vessel owners and operators at 
this time. As noted above, NMFS has published a final rule that expands 
the requirement for vessel owners to obtain IMO numbers to include 
smaller U.S. vessels fishing for tuna and tuna-like species in the 
IATTC Area (84 FR 70040; December 20, 2019; corrected in 85 FR 8198; 
February 13, 2020).

Observers

    The majority of the requirements implementing WCPFC conservation 
and management measures regarding observers no longer apply in the 
overlap area under this final rule. However, the requirements for 
accommodating observers at 50 CFR 300.215(c)(3), (4), and (5) continue 
to apply in the overlap area, as they apply in all locations where a 
WCPFC observer is on board the vessel. The specific provisions 
regarding accommodation of WCPFC observers at 50 CFR 300.215(c) will 
continue to apply in the overlap area so there is no gap in these 
requirements, which are intended for the safety and well-being of WCPFC 
observers, just because the vessel has entered the overlap area.

Transshipment and Net Sharing

    Requirements implementing the WCPFC decisions regarding 
transshipment and net sharing no longer apply in the overlap area under 
this final rule, except for the prohibition on transshipments at sea 
from or to purse seine vessels at 50 CFR 300.216(b)(1). NMFS is 
required to maintain the purse seine transshipment prohibition to 
fulfill its obligation under the WCPF Convention (see Article 29, 
Paragraph 5, stating that ``transshipment at sea by purse seine vessels 
operating within the Convention Area shall be prohibited''). 
Regulations that implement IATTC management measures for transshipment 
also include prohibitions on at-sea transshipment for purse seine 
vessels (50 CFR 300.25(c)).

Vessel Monitoring System (VMS)

    Regulations implementing WCPFC VMS measures continue to apply in 
the overlap area under this final rule (50 CFR 300.219). NMFS is 
required to maintain the VMS provisions in order to fulfill its 
obligations under the WCPF Convention (see Article 24, Paragraph 8, 
stating that ``[e]ach member of the Commission shall require its 
fishing vessels that fish for highly migratory fish stocks on the high 
seas in the Convention Area to use near real-time satellite position-
fixing transmitters while in such areas'').
    NMFS implements the WCPFC VMS requirements so that the vessel owner 
and operator must continuously operate the VMS unit at all times, 
except that the VMS unit may be shut down while the vessel is at port 
or otherwise not at sea, provided that the owner and operator follows 
certain steps (50 CFR 300.219(c)(3)). Thus, similar to the requirements 
regarding accommodation of WCPFC observers, these regulations are not 
specific to a particular geographic area and continue to apply in the 
overlap area under this final rule.

Compliance With Laws of Other Nations

    Regulations regarding compliance with laws of other nations (50 CFR 
300.214) continue to apply in the overlap area under this final rule. 
NMFS is required to maintain this provision in order to fulfill its 
obligations under the WCPF Convention (see Annex III, Article 2, 
stating that vessel operators must ``comply with the applicable 
national laws of each coastal State Party to this Convention in whose 
jurisdiction it enters and shall be responsible for the compliance by 
the vessel and its crew with such laws and the vessel shall be operated 
in accordance with such laws'').

Facilitation of Enforcement and Inspection

    Regulations for facilitating enforcement and inspection (50 CFR 
300.221) continue to apply in the overlap area under this final rule. 
NMFS is required to maintain the regulations found in 50 CFR 300.221(a) 
in order to fulfill its obligations under the WCPF Convention. 50 CFR 
300.221(a)(1) requires certain documentation be carried onboard, as 
required by Annex III, Article 6, Paragraph 1 of the WCPF Convention. 
This provision states that ``the authorization issued by the flag State 
of the vessel and if applicable, any license issued by a coastal State 
Party to this Convention, or a duly certified copy . . . shall be 
carried on board the vessel at all times and produced at the request of 
an authorized enforcement official of any member of the Commission.'' 
50 CFR 300.221(a)(2) requires continuous monitoring of certain radio 
frequencies, as required by Annex III, Article 6, Paragraph 4 of the 
WCPF Convention, which states that vessel operators ``shall ensure the 
continuous monitoring of the international distress and calling 
frequency 2182 khz (HF) or the international safety and calling 
frequency 156.8 Mhz (channel 16, VHF-FM) to facilitate communication 
with the fisheries management, surveillance and enforcement authorities 
of the members of the Commission.'' Title 50 CFR 300.221(a)(3) requires 
that an up-to-date copy of the International Code of Signals (INTERCO) 
is on board and accessible at all times, as required by Annex III, 
Article 6, Paragraph 5 of the WCPF Convention. Title 50 CFR 
300.221(a)(4) requires specific provisions for facilitating the work of 
WCPFC transshipment monitors, as required by Annex III, Article 4, 
Paragraph 2, which states ``[t]he operator shall allow and assist any 
person authorized by the Commission or by the member of the Commission 
in whose designated port or area a transhipment takes place to have 
full access to and use of facilities and equipment which such 
authorized person may determine is necessary to carry out his or her 
duties, including full access to the bridge, fish on board and areas 
which may be used to hold, process, weigh and store fish, and full 
access to the vessel's records, including its log and documentation for 
the purpose of inspection and photocopying. The operator shall also 
allow and assist any such authorized person to remove samples and 
gather any other information required to fully monitor the activity. 
The operator or any member of the crew shall not assault, obstruct, 
resist, delay, refuse boarding to, intimidate or interfere with any 
such authorized person in the performance of such person's duties. 
Every effort should be made to ensure that any disruption to fishing 
operations is minimized during inspections of trans[s]hipments.''
    The regulations at 50 CFR 300.221(b) set forth specific 
requirements regarding boarding and inspection on the high seas. NMFS 
is required by the WCPF Convention to implement procedures for boarding 
and inspection established by the WCPFC (see Article 26, Paragraph 3, 
stating that Commission members ``shall ensure that fishing vessels 
flying its flag accept boarding by duly authorized inspectors in 
accordance with such procedures''). The regulations found in Sec.  
300.221(b) implement those WCPFC procedures (Conservation and 
Management Measure (CMM) 2006-08, ``Western and Central Pacific 
Fisheries Commission Boarding and Inspection Procedures''), and 
therefore, NMFS is maintaining these provisions in the overlap area.
    The regulations at 50 CFR 300.221(c) require transiting fishing 
vessels to store gear when transiting in an area they are not 
authorized to fish, as required by Annex III, Article 6, Paragraph 6 of 
the WCPF Convention (``At all times when

[[Page 37381]]

[a] vessel is navigating through an area under the national 
jurisdiction of a member of the Commission in which it does not have a 
license to fish, and at all times when the vessel is navigating on the 
high seas in the Convention Area and has not been authorized by its 
flag state to fish on the high seas, all fishing equipment on board the 
vessel shall be stowed or secured in such a manner that is not readily 
available to be used for fishing'').

Comments and Responses

    NMFS received 10 comment letters in response to the proposed rule, 
several of which included similar comments. Below, NMFS summarizes the 
matters raised in each of the individual comment letters, grouping 
similar comments together, and provides a response to each of these 
matters.
    Comment 1: Several commenters expressed support for changing 
management of the overlap area so that regulations implementing IATTC 
decisions rather than regulations implementing WCPFC decisions would 
apply. One commenter stated that the IATTC rules are fairer, more 
transparent, and more clearly delineated in terms of the rules to be 
applied than are the WCPFC rules, thus reducing considerable 
uncertainty with respect to potential violations. According to the 
commenter, the IATTC regime establishes a more level playing field for 
the U.S. fleet when compared to other fleets; the management measures 
are more effectively monitored and enforced to ensure that everyone is 
abiding by the same rules. The commenter also stated that for these 
reasons, applying the IATTC rules to the overlap area would benefit the 
U.S. tuna purse seine fleet, which, according to the commenter, 
operates at a significant competitive disadvantage to its foreign 
competitors, and has been recently reduced in size by approximately one 
quarter due to the adverse economic conditions affecting the fleet. 
According to the commenter, if adopted and applied correctly, this 
proposed change could be one important step to mitigate these 
conditions and stabilize the current situation. It would also respond 
to some of the concerns of American Samoa Governor Moliga regarding the 
adverse effects of current conditions on the economy of American Samoa.
    Response: NMFS acknowledges the comments. This final rule maintains 
the regulations in the proposed rule that apply IATTC management 
measures in the overlap area.
    Comment 2: Several commenters expressed concern that the proposal 
to continue the requirement for purse seine vessels to carry WCPFC 
observers on all fishing trips in the overlap area would make fishing 
in the overlap area more logistically complicated and more expensive 
than if those regulations did not continue to apply in the overlap 
area. One commenter stated that more U.S. purse seine vessels are 
choosing to fish exclusively in the IATTC Area for all or a significant 
part of the year, rather than in the exclusive economic zones (EEZs) of 
Pacific island parties to the South Pacific Tuna Treaty. If the 
requirement to carry a WCPFC observer continues in the overlap area, 
vessels would continue to need to carry two observers (an IATTC 
observer and a WCPFC observer) or to carry a cross-endorsed observer 
when fishing in the overlap area. Commenters stated that all cross-
endorsed observers are WCPFC observers that receive additional training 
from the IATTC to operate in the IATTC Area and that there are no 
cross-endorsed observers from the IATTC that are similarly approved to 
operate in the WCPFC Area. One commenter stated that a vessel departing 
from a port in the IATTC Area has two options for obtaining a WCPFC 
observer: (1) Fly the observer to the port of departure, at the cost of 
the travel as well as lost fishing time of a week or more; or (2) steam 
to Christmas Island or other port to pick the observer up, again at the 
loss of significant fishing time and fuel costs in excess of $20,000.
    One commenter stated that it is important to note that purse seine 
vessels currently fishing exclusively in the IATTC Area do not embark 
cross-endorsed observers and thus are not able to fish in the overlap 
area. According to the commenter, maintaining the existing observer 
requirements for the overlap area would perpetuate this inequity, run 
counter to the proposed rule's specified intent of applying IATTC rules 
instead of WCPFC rules in the overlap area, and significantly reduce 
the potential benefits of the proposed rule to the purse seine fleet. 
The commenter also stated that the EA for the proposed rule shows that 
requiring cross-endorsed observers and other WCPFC MCS measures in the 
overlap area in addition to IATTC regulations would not provide any 
additional conservation benefit.
    Commenters requested NMFS to modify the proposed rule so that purse 
seine vessels fishing exclusively in the IATTC Area, including the 
overlap area, not be required to carry WCPFC observers, and be subject 
to only the IATTC-related observer requirements. One commenter stated 
that it understood that this is the practice of all others that are 
Contracting Parties to both the WCPF Convention and the Convention for 
the Strengthening of the Inter-America Tropical Tuna Commission 
Established by the 1949 Convention between the United States of America 
and the Republic of Costa Rica (Antigua Convention), and NMFS' 
rationale for maintaining both requirements is unclear. According to 
the commenter, NMFS' 2016 rule regarding the overlap area did continue 
to apply both WCPFC and IATTC observer requirements for purse seine 
vessels, but stated that NMFS only continued to apply the IATTC 
observer requirements at 50 CFR 300.22(b) to fulfill U.S. obligations 
under the AIDCP (2016 final rule; 81 FR 24501; April 26, 2016). The 
proposed rule does not similarly identify any U.S. treaty obligations 
that would be undermined or abrogated by following the clear intent of 
the WCPFC-IATTC joint decision on the overlap area. The commenter 
stated that the proposed rule draws an unwarranted and unsupported 
distinction between conservation and management measures for fish 
stocks and those for MCS purposes that runs contrary to the decisions 
of both organizations and fails to acknowledge that all WCPFC decisions 
related to the operations of fishing vessels, including those for MCS 
purposes, are implemented by binding conservation and management 
measures. The commenter stated that with respect to the continued 
application of certain WCPFC rules in the overlap area, the concern is 
not with the application of the requirements themselves. The concern is 
that the continued application of the WCPFC MCS measures in the overlap 
area appears to require vessels to carry cross-endorsed observers, 
which, as noted, will unnecessarily limit the benefits of the proposed 
rule for vessels fishing exclusively in the IATTC Area. Another 
commenter stated that it did not believe that there are issues relating 
to legal obligations for carrying an observer under either the WCPF 
Convention or the Antigua Convention, since both conventions require 
purse seine vessels just to carry an observer, and do not specify that 
the observer needs to be a WCPFC observer or an IATTC observer.
    Response: As stated above, NMFS has reconsidered the specific WCPFC 
observer coverage requirements for purse seine vessels in 50 CFR 
300.223(e). We agree that NMFS need not apply the observer provisions 
in 50 CFR 300.223(e) in the overlap area in order for the U.S. to 
fulfill its obligations under the WCPF Convention. Moreover, requiring 
both a

[[Page 37382]]

WCPFC observer and an IATTC observer, or a cross-endorsed observer, 
would not provide any additional conservation or monitoring benefit, 
and may be cost-prohibitive for vessels fishing in the IATTC Area who 
wish to enter the overlap area. However, for the reasons discussed 
above, the requirements for accommodating observers at 50 CFR 
300.215(c)(3) continue to apply in the overlap area.
    In response to the comment that the proposed rule did not identify 
any U.S. treaty obligation that would be undermined by continuing to 
apply certain WCPFC regulations in the overlap area, NMFS has 
identified specific provisions of the WCPF Convention which impose 
continuing requirements upon NMFS in the overlap area. NMFS is 
continuing to apply WCPFC regulations which are necessary to continue 
to fulfill its obligations under the WCPF Convention. Please see 
discussion above for a description of these obligations.
    Comment 3: One commenter objected to NMFS' conclusions that the 
proposed rule would not have any disproportionate economic impacts 
based on vessel size, gear, or homeport and that the rule would only 
bring modest increases in compliance costs to purse seine vessels. 
According to the commenter, the purse seine observer coverage 
requirements under the proposed rule would permanently prevent some 
vessels that are active on the IATTC Regional Vessel Register (RVR) 
from being able to fish in the overlap area. The commenter stated that 
since publication of the 2016 final rule, repeated requests have been 
made to NMFS to assist in getting IATTC observers approved as cross-
endorsed observers, but there are still no IATTC observers that are 
cross-endorsed observers. In addition, the commenter stated that the 
WCPFC and the Pacific Islands Forum Fisheries Agency (FFA) have stated 
that a WCPFC observer will never be placed on board a vessel that is 
not on the WCPFC Record of Fishing Vessels. Thus, according to the 
commenter, U.S. purse seine vessels that are on the IATTC RVR but not 
on the WCPFC Record of Fishing Vessels would not be permitted to fish 
in the overlap area under the proposed rule. The commenter stated that 
unlike IATTC vessels from every other nation, and any U.S. flagged 
purse seine vessel that operates in the WCPFC Area outside of the 
overlap area, its vessel would be completely excluded from fishing in 
the overlap area, and suffer the resulting disproportionate economic 
impact simply because it operates from a port in the eastern Pacific 
Ocean (EPO) instead of the western and central Pacific Ocean (WCPO).
    In addition, the commenter stated, for vessels that are on both the 
IATTC RVR and the WCPFC Record of Fishing Vessels and operate from 
ports in the EPO, the requirement to carry a WCPFC observer results in 
trip delays and tens of thousands of dollars in additional costs for 
every fishing trip in the overlap area. According to the commenter, it 
takes the IATTC approximately 24 hours to assign an observer to a 
vessel leaving out of a port in the EPO, but the process to obtain a 
WCPFC observer that is a cross endorsed-observer is substantially more 
burdensome. The commenter stated that it takes at least two weeks 
advance notice to have a cross-endorsed observer assigned to a vessel 
in the EPO, if such as an observer is even available. According to the 
commenter, once the vessel owner notifies the FFA that a cross-endorsed 
observer is needed, the FFA begins the process of finding an observer 
who is willing to travel to South America. The vessel owner must then 
pay for a round trip ticket for the observer and obtain all required 
visas for the travel, which amount to approximately $6,000 per trip. If 
the FFA cannot provide an observer willing to travel to South America, 
a vessel based out of an EPO port must travel with an IATTC observer on 
board, cross into the WCPFC Area and pick up a WCPFC observer, and then 
enter the overlap area. Such a trip takes at least four days out of the 
way to get to the closest port in the WCPFC Area, which costs upwards 
of $20,000 in fuel costs, in addition to the crew and other vessel 
costs and lost fishing time.
    Response: Please see the response to Comment 2, above, regarding 
application of WCPFC purse seine observer coverage requirements in the 
overlap area under this final rule. The WCPFC observer coverage 
requirements for purse seine vessels found in 50 CFR 300.223(e) no 
longer apply in the overlap area under this final rule. The analysis in 
the FRFA below, provides an updated discussion of the compliance costs 
of the final rule, including a discussion of potential disproportionate 
economic impacts. NMFS notes that the requirement to carry a WCPFC 
observer on U.S. purse seine vessels when in the overlap area was not 
newly proposed in the proposed rule (i.e., it was an existing 
requirement). Thus, the proposed rule would not have introduced any new 
compliance costs regarding observers for U.S. purse seine vessels when 
fishing in the overlap area, and would not have led to disproportionate 
economic impacts based on vessel size, gear, or homeport.
    Comment 4: One commenter questioned why the WCPFC is giving up or 
ceding its right to determine fishing regulations in the overlap area.
    Response: Under the WCPF Convention, the WCPFC continues to have 
management competence over the overlap area. However, the WCPFC and 
IATTC decided that members of both commissions, like the United States, 
can choose whether to apply WCPFC management measures or IATTC 
management measures in the overlap area (see WCPFC-IATTC joint decision 
on the overlap area). Table 1, above, shows the domestic regulations 
implementing WCPFC decisions and which regulations implementing IATTC 
decisions that NMFS is applying in the overlap area under this final 
rule.
    Comment 5: One commenter stated that the use of FADs can pose a 
serious risk to young fish populations, specifically juvenile yellowfin 
and bigeye tuna. The commenter requested that the more stringent FAD 
restrictions enacted through the WCPFC-derived regulations remain in 
effect and not be replaced by regulations implementing IATTC measures. 
According to the commenter, populations of younger yellowfin and bigeye 
tuna tend to congregate near FADs much more frequently than their adult 
counterparts. The commenter stated that FADs are believed to be 
effective because they provide fish with a sense of security from 
lurking predators in the open sea, and that younger fish seek this 
protection much more than adult fish. The commenter provided 
information regarding the behavioral tendencies of fish around FADs and 
cited a publication by the Pew Environment Group. According to the 
commenter, FADs place juvenile fish populations at risk of being 
overfished, which can lead to sharp declines in overall fish 
populations, and place our natural resources in jeopardy. The commenter 
stated that the regulations implementing the WCPFC 5-month FAD 
prohibition period should remain in effect in the overlap area.
    Response: As stated in the EA, the change in application in the 
overlap area from the WCPFC purse seine fishing effort limits and FAD 
restrictions to the IATTC purse seine fishing seasonal closures and FAD 
restrictions could affect the fishing patterns and practices of U.S. 
purse seine vessels fishing in the overlap area, leading to greater 
fishing effort in the overlap area and possibly greater flexibility and 
fishing opportunities in the WCPO as a whole. However, when agreeing on 
the joint WCPFC-IATTC decision on the overlap area, the WCPFC and IATTC

[[Page 37383]]

recognized that a member may choose to apply the conservation and 
management measures of only the WCPFC or the IATTC. Moreover, as stated 
in the EA, because many other factors contribute to the status of the 
stocks (fishing activities by non-U.S. fleets, oceanographic 
conditions, etc.), and because the overlap area is a small part of the 
total area available for fishing in the Pacific Ocean, the direct and 
indirect effects to fish stocks from implementation of this final rule 
is expected to be small. The stocks of skipjack tuna, yellowfin tuna, 
and bigeye tuna in the Pacific Ocean are not currently in an overfished 
condition or experiencing overfishing (except the EPO stock of 
yellowfin tuna).
    Comment 6: One commenter stated that the overlap area is an 
important fishing ground for the U.S. purse seine fleet based in 
American Samoa, due to the geographic proximity of the overlap area to 
American Samoa. The commenter also stated that U.S. purse seine vessels 
do not have to pay access fees for fishing on the high seas in the 
overlap area, unlike the access fees needed to fish in the EEZs of the 
Parties to the Nauru Agreement, Tokelau, and the Cook Islands. 
According to the commenter, the current practice of applying both the 
WCPFC and IATTC management measures to the overlap area is redundant 
and is a wasteful use of compliance, monitoring, surveillance and 
regulatory resources. Similarly, the commenter stated, the proposed 
rule seems wasteful and operationally impractical in that it requires 
both IATTC observers and WCPFC observers or a cross-endorsed observer 
for fishing in the overlap area. According to the commenter, cross-
endorsed observers are not always available, so U.S. purse seine 
vessels operating from American Samoa may not be able to fish in the 
overlap area if an IATTC observer or a cross-endorsed observer is 
unavailable. The commenter stated that the American Samoa government is 
trying to attract fishing vessels to operate out of American Samoa so 
that the canneries will have access to their catch; locally based U.S. 
purse seine vessels are critically important for the supply of tuna to 
the dependent economy. The commenter stated that U.S. purse seine 
vessels need access to the overlap area, but access would be 
effectively blocked if the vessels have to take observers from both the 
WCPFC and the IATTC and such observers or cross-endorsed observers are 
not available.
    Response: NMFS acknowledges the comment. However, the term 
``current practice'' in the comment is unclear to NMFS and NMFS does 
not know whether the commenter is referring to the regulatory changes 
described in the proposed rule or to regulations that were already in 
effect. Table 1 above details the regulations that were already in 
effect, the regulations that go into effect under this final rule, and 
the changes from the proposed rule. Please see the response to Comment 
2, above, regarding application of WCPFC purse seine observer 
requirements in the overlap area under this final rule. The WCPFC 
observer coverage requirements for purse seine vessels found in 50 CFR 
300.223(e) no longer apply in the overlap area under this final rule. 
U.S. purse seine vessels operating from American Samoa must comply with 
the IATTC observer measures for purse seine vessels found in 50 CFR 
216.24(e) when operating in the overlap area, which can be satisfied by 
carrying either an IATTC observer or a cross-endorsed observer. The 
current list of cross-endorsed observers includes 86 individuals (list 
dated September 26, 2019), all from Pacific Island countries, and thus, 
they are generally more readily available to depart from American Samoa 
than are IATTC observers.
    Comment 7: A commenter stated that there is no need to have an area 
of overlap between two fishing commissions that manage tuna. According 
to the commenter, the IATTC covers more overall territory and the 
IATTC's distribution of fishing zones is more precise and evenly 
spaced. Thus, the commenter stated, it would be more efficient for the 
overlap area to be managed by the IATTC, but questioned what those on 
the U.S. west coast and in the Pacific islands would receive in return. 
According to the commenter, the proposed rule does not seem to provide 
a detailed solution to revoking territory from the WCPFC.
    Response: NMFS acknowledges the comment. However, the matter raised 
by the commenter is outside the scope of this rulemaking. The WCPF 
Convention specifies the WCPFC's area of competence, which includes the 
overlap area, and the Antigua Convention specifies the IATTC's area of 
competence, which includes the overlap area. As these boundaries are 
established by international agreement, NMFS has no authority to alter 
them.
    Comment 8: A commenter stated that there may be protocols in place 
between the IATTC and the Secretariat of the Pacific Community (and by 
extension WCPFC) for sharing observer data for vessels carrying IATTC 
observers in the overlap area. The commenter requests that NMFS 
consider whether any such arrangement might be sufficient to address 
the concerns expressed (by the same commenter) regarding the need for 
U.S. purse seine vessels fishing in the overlap area to carry a cross-
endorsed observer.
    Response: NMFS acknowledges the comment. As detailed in the 
response to Comment 2, above, the WCPFC purse seine observer coverage 
requirements at 50 CFR 300.223(e) no longer apply in the overlap area 
under this final rule.
    Comment 9: One commenter requested protection for tuna fisheries 
and the areas where tuna live.
    Response: NMFS acknowledges the comment. As detailed in Table 1, 
above, NMFS regulations that implement conservation and management 
measures for tuna fisheries apply in the overlap area under this final 
rule.

Changes From Proposed Rule

    In this final rule, several regulations implementing WCPFC 
decisions, which would have applied in the overlap area under the 
proposed rule, no longer apply in the overlap area. These regulations 
are as follows:
     Transshipment observer requirements (50 CFR 300.215(b) and 
(d));
     general WCPFC observer coverage requirements (50 CFR 
300.215(c)(1) and (2));
     transshipping, bunkering, and net sharing regulations (50 
CFR 300.216(b)(2)-(3) and (c));
     transshipment reporting requirements (50 CFR 300.218(b) 
and (d));
     discard reporting requirements at (50 CFR 300.218(e));
     net sharing reporting requirements at (50 CFR 300.218(f));
     daily purse seine fishing effort reports (50 CFR 
300.218(g)); and
     purse seine observer coverage (50 CFR 300.223(e)).
    The reasons for these changes from the proposed rule are described 
in greater detail above in the Background section.
    This final rule also includes an administrative change to the 
definition of Effort Limit Area for Purse Seine, or ELAPS, to further 
clarify that the regulations at 50 CFR 300.223(a) implementing WCPFC 
purse seine fishing effort limits, no longer apply in the overlap area, 
and an administrative change to the definition of overlap area. Based 
on NMFS' reexamination of the proposed rule, NMFS believes these 
administrative changes will help clarify the intent of the final rule.

Classification

    The Assistant Administrator for Fisheries has determined that this 
final

[[Page 37384]]

rule is consistent with the WCPFCIA, the Tuna Conventions Act, and 
other applicable laws.

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 final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Executive Order 13771

    This final rule is considered an Executive Order 13771 deregulatory 
action.

Regulatory Flexibility Act (RFA)

    A final regulatory flexibility analysis (FRFA) was prepared as 
required by section 604 of the RFA. The FRFA incorporates the initial 
regulatory flexibility analysis (IRFA) prepared for the proposed rule. 
The analysis in the IRFA is not repeated here in its entirety. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained above in the SUMMARY section and 
this SUPPLEMENTARY INFORMATION section of the preamble of this final 
rule. The FRFA analysis follows:
Significant Issues Raised by Public Comments in Response to the IRFA
    NMFS received one comment that responded specifically to the IRFA. 
Comment 3, above, objected to NMFS' conclusions regarding 
disproportionate economic impacts and compliance costs. Several other 
comments on the proposed rule related to NMFS' assessment of the 
economic effects of the proposed rule, and thus could be relevant to 
the IRFA. See the discussion above summarizing Comments 1, 2, 3, and 6 
and NMFS's responses to those comments.
Description of Small Entities to Which the Rule Will Apply
    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 final 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 January 27, 2020, 
as reflected on the IATTC RVR and the WCPFC Record of Fishing Vessels, 
were 144 longline vessels, 25 albacore troll vessels, and 15 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 percent 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 3-year annual averages were less 
than the $11 million threshold for 12 of the 15 vessels on both the RVR 
and the WCPFC Record of Fishing Vessels.
Recordkeeping, Reporting, and Other Compliance Requirements
    The reporting, recordkeeping and other compliance requirements of 
this final rule are described earlier in the preamble, as well as in 
the preamble to the proposed rule. The classes of small entities 
subject to the requirements and the expected costs of complying with 
the requirements are described in this Classification section of this 
final rule.
    As described in the Paperwork Reduction Act (PRA) subsection below, 
this final rule contains a revised collection-of-information 
requirement subject to review and approval by OMB under the PRA.
    Fulfillment of the requirements under the final 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 144 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. The overlap area is distant from the 
general areas of operation of the U.S. longline fisheries in the 
Pacific Ocean. Moreover, the longline bigeye tuna catch limit for the 
WCPFC area is 3,554 metric tons (mt) per year, while the longline 
bigeye tuna catch limit for the IATTC area through 2020 is 750 mt per 
year for vessel over 24 meters in overall length. Thus, at least for 
large vessels that are capable of making the trip to the overlap area, 
the change in management of the overlap area from WCPFC regulations to 
IATTC regulations is not expected to provide an increased incentive to 
fish in the overlap area. Consequently, NMFS expects the final rule 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 final rule. Under the final rule, two 
substantive sets of requirements that implement conservation and 
management measures for fishing activity are 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 manners (50 CFR 300.27(i)-(j)). The new data buoy 
requirements could increase

[[Page 37385]]

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) no longer apply in 
the overlap area, but they are replaced with comparable regulations 
implementing IATTC conservation and management measures (at 50 CFR part 
300, subpart C) that now apply in this area. Specifically, the IATTC 
prohibition against retaining oceanic whitetip shark, implemented by 50 
CFR 300.27(d)), now applies in the overlap area. The requirements under 
the regulations implementing WCPFC conservation and management measures 
and IATTC conservation and management measures are similar, and NMFS 
does not expect any substantive change in compliance costs for albacore 
troll fishing entities. The regulations implementing WCPFC requirements 
for observer coverage for transshipments at sea, transshipping and 
bunkering, and for transshipment reporting for fish caught in the 
overlap area no longer apply in the overlap area. However, available 
information indicates that albacore troll vessels have not been 
transshipping in the WCPFC Area, including the overlap area, in recent 
years. There are also new requirements of a more administrative nature 
that apply in the overlap area for albacore troll fishing entities 
under regulations implementing IATTC conservation and management 
measures, including logbook reporting requirements (50 CFR 
300.22(a)(1)), VMS requirements (50 CFR 300.26), and the prohibition on 
the use of tender vessels (50 CFR 300.25(b)). However, because the 
affected albacore troll fishing entities are already required to comply 
with these requirements when fishing in the IATTC Area, the application 
of these requirements in the overlap area 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 
for fishing activity from the overlap area is expected to reduce 
compliance costs, but those reductions will 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 are removed from the overlap area under this 
final rule are the annual limits on purse seine fishing effort and the 
seasonal prohibitions on setting on FADs (50 CFR 300.223(b)), as well 
as the requirements to carry WCPFC observers on all fishing trips (50 
CFR 300.223(e)). The IATTC-related regulations that are now applied in 
the overlap area are the seasonal closures on purse seine fishing and 
purse seine FAD restrictions (50 CFR 300.28), as well as the IATTC 
observer coverage requirements that have already been in effect (50 CFR 
216.24(e)). Aside from the observer coverage requirements, 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 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. Under the final rule, 
U.S. purse seine fishing vessels are 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 continued to 
apply 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 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 November 28, 2019, and December 10 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 flexibility they 
provide indicate that application of IATTC measures in the overlap area 
will 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 (because they are on the WCPFC Record of 
Fishing Vessels but not on the IATTC RVR) would not be directly 
affected by the final rule, but they could be indirectly affected. The 
fishing effort limits set forth in WCPFC conservation and management 
measures no longer apply in the overlap area, allowing greater fishing 
effort in the overlap area. Additionally, under the final rule, fishing 
effort in the overlap area is not 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. Since 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.
    The removal of the requirement for purse seine vessels to carry 
WCPFC observers on all fishing trips in the overlap area is expected to 
reduce compliance costs, as U.S. purse seine vessels no longer need to 
carry both a

[[Page 37386]]

WCPFC observer and an IATTC observer or a cross-endorsed observer when 
fishing in the overlap area. As detailed in the comment summary and 
response section, above, obtaining a cross-endorsed observer or a WCPFC 
observer is costly and difficult for U.S. purse seine vessels departing 
from ports in the EPO, so this final rule will provide relief from that 
cost.
    In addition to the changes to the purse seine-specific regulations 
just described, several substantive requirements apply to purse seine 
fishing entities in the overlap area under the final rule that did not 
previously 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 and non-tuna-like 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 require that deployed FADs be physically marked with unique 
identifiers, as well as limits on the number of active FADs, 
restrictions on FAD deployments and removals, and FAD design 
regulations, which require that all FADs on board or deployed meet 
certain specifications, particularly with respect to the use of 
netting. Although this final rule changes 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 show 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 will 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 limits that will go into effect in 
the overlap area under the final rule are not 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 for purse 
seine vessels by increasing the time spent at sea for a given amount of 
fishing. For example, vessels now are not allowed to fish within 1 
nautical mile of an anchored data buoy, they must avoid interactions 
with data buoys, and if the vessel or its gears becomes entangled with 
a data buoy, the operator and crew 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 small 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, the compliance costs are expected to be minor.
    The requirements to release non-tuna species and non-tuna-like 
species, mobulid rays, and sharks are not expected to substantially 
affect business revenues, because none of the affected fishing entities 
target non-tuna species and non-tuna-like 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 and non-tuna-like 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 is not expected to 
substantially increase compliance costs.
    Some regulations implementing WCPFC conservation and management 
measures for bycatch (at 50 CFR part 300, subpart O) no longer apply in 
the overlap area. However, comparable regulations that implement IATTC 
conservation and management measures for bycatch (at 50 CFR part 300, 
subpart C) now apply in the overlap area. Regulations that have shifted 
in this manner include the 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 CFR 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 are also six additional requirements for purse seine fishing 
entities under the regulations implementing IATTC conservation and 
management measures that are in effect under the final 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)), the prohibition 
on the use of tender vessels (50 CFR 300.25(b)), 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) bring substantive new requirements for fishing 
activities in the overlap area. 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 four 
requirements (prohibition on the use of tender vessels, 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 
will not require substantial changes in practices. Moreover, the 
regulations implementing the IATTC prohibition on at-sea transshipments 
for purse seine vessels are essentially identical to regulations in

[[Page 37387]]

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 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 already apply and continue to apply under the final 
rule to vessels of all sizes, there will be no new VMS requirements 
under the proposed rule, and all U.S. commercial fishing vessels 
fishing for HMS in the overlap area are still required to continuously 
operate the VMS at all times, with certain exceptions.
    Several other regulations implementing WCPFC conservation and 
management measures for U.S. purse seine vessels no longer apply in the 
overlap area under this final rule. These include the discard reporting 
requirements at 50 CFR 300.218(e); the transshipping, bunkering, and 
net sharing regulations at 50 CFR 300.216(b)(3) and 50 CFR 300.216(c); 
the net sharing reporting requirements at 50 CFR 300.218(f); and the 
daily purse seine fishing effort reports at 50 CFR 300.218(g). However, 
under regulations implementing the WCPF Convention and IATTC 
resolutions, U.S. purse seine vessels are prohibited from transshipping 
at sea, so the removal of the transshipping, bunkering, and net sharing 
regulations will have little or no effect. Removal of the reporting 
requirements is expected to reduce some compliance costs.
    Based on the comments received on the proposed rule, NMFS is now 
aware that several U.S. purse seine vessels that fish exclusively in 
the EPO will likely fish in the overlap area under this final rule. 
These vessels are already subject to all the regulations implementing 
IATTC resolutions that apply to the overlap area under this final rule 
when fishing in the EPO. However, these vessels will be subject to the 
regulations implementing WCPFC conservation and management measures 
that continue to apply in the overlap area. These regulations include 
the following: (1) Vessel permit endorsements at 50 CFR 300.212; (2) 
vessel information requirements for fishing in foreign EEZs at 50 CFR 
300.213; (3) compliance with laws of other nations at 50 CFR 300.214; 
(4) accommodating observers at 50 CFR 300.215(c)(3); (5) prohibition on 
transshipments to and from purse seine vessels at sea at 50 CFR 
300.216(b)(1); (6) vessel identification requirements at 50 CFR 
300.217; (7) reporting and recordkeeping requirements at 50 CFR 
300.218(a); (8) VMS requirements at 50 CFR 300.219; and (9) 
facilitation of enforcement and inspection at 50 CFR 300.221. The 
regulations regarding the prohibition on transshipments to and from 
purse seine vessels at sea, vessel identification requirements, and VMS 
requirements are not expected to bring any new compliance costs, as 
U.S. purse seine vessels fishing in the EPO are already subject to 
similar or identical requirements, as discussed above. The regulations 
for accommodating WCPFC observers also are not expected to bring any 
new compliance costs, as they apply only when WCPFC observers are on 
board the vessel and U.S. purse seine vessels fishing exclusively in 
the EPO, including the overlap area, are not expected to be carrying 
WCPFC observers. The requirements for complying with the laws of other 
nations also are not expected to bring any new compliance costs, as it 
is unlikely these purse seine vessels will fish in areas subject to the 
laws of other nations. Similarly, vessel information requirements for 
fishing in foreign EEZs at 50 CFR 300.213 would not be expected to 
bring any new compliance costs. Applying for and obtaining the WCPFC 
Area Endorsements will result in some minor compliance costs--the 
application fee for the five-year authorization is $58 and the 
estimated time for completing the application is one hour. Submission 
of the vessel information for fishing in foreign EEZs is estimated to 
take 1.5 hours, so again, there will be some minor compliance costs 
associated with this requirement. The reporting and recordkeeping 
requirements also may bring some compliance costs, but these costs are 
not expected to be substantial. The fishing report requirements at 50 
CFR 300.218(a) may be fulfilled by completion of the IATTC reporting 
requirements at 50 CFR 300.22. The requirements for facilitation of 
enforcement and inspection could bring some compliance costs, but these 
compliance costs are also unlikely to be substantial. Maintaining 
appropriate documentation on board the vessel, monitoring certain radio 
frequencies, and adhering to gear stowage requirements is not expected 
to lead to substantial compliance costs. Facilitating high seas 
boarding and inspections would only lead to compliance costs when they 
occur WCPFC CMM 2006-08, ``Western and Central Pacific Fisheries 
Commission Boarding and Inspection Procedures'' details the specific 
procedures that inspection vessels must follow when conducting such 
boarding and inspections and requires inspections to be completed 
within four hours unless evidence of a serious violation is found. 
Thus, such high seas boarding and inspections, if they do occur, would 
not be expected to lead to substantial compliance costs unless evidence 
of a serious violation is found; it is difficult to predict how often 
that would occur and what type of compliance costs would be incurred in 
such a situation. Overall, the compliance costs under this final rule 
for U.S. purse seine vessels fishing exclusively in the EPO are not 
expected to be substantial.
    In summary, this final rule is expected to have little or no effect 
on the compliance costs of any affected entities, except purse seine 
fishing entities, for which a positive economic impact is expected. For 
purse seine fishing entities, this rule is likely to bring modest 
increases in compliance costs associated with several requirements that 
will go into effect in the overlap area. However, these costs will 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 FAD 
prohibition periods from application in the overlap area, making the 
overall economic impacts positive.
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. Comment 3, above, questioned 
NMFS' conclusions regarding disproportionate impacts in the proposed 
rule. The commenter stated its belief that vessels fishing solely in 
the IATTC Area, including the overlap area, would experience 
disproportionate impacts from the WCPFC purse seine observer coverage 
requirements set forth in 50 CFR 300.223(e). As stated above, the purse 
seine observer coverage requirements at 50 CFR 300.223(e) no longer 
apply under this final rule. Additionally, as stated above, the 
compliance costs under this final rule for U.S. purse seine vessels 
fishing exclusively in the IATTC Area or EPO are not expected to be 
substantial.

[[Page 37388]]

Duplicating, Overlapping, and Conflicting Federal Regulations
    NMFS has not identified any Federal regulations that conflict with 
these regulations. NMFS has identified several Federal regulations that 
duplicate or overlap with the regulations. These include: The 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 
transshipment requirements at 50 CFR 300.25(c), which overlap with 
existing regulations at 50 CFR 300.216(b), the vessel identification 
requirements at 50 CFR 300.217, which overlap with requirements at 50 
CFR 300.22(b)(3) and 50 CFR 300.336(b)(2), and the 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 Final Rule
    NMFS has sought to identify alternatives that would minimize the 
final rule's economic impacts on small entities (``significant 
alternatives''). For most affected entities, the final rule 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 this final rule for some affected entities, but NMFS 
believes maintaining the application of some of those regulations is 
necessary to fulfill U.S. obligations under the WCPF Convention, as 
detailed above. Therefore, NMFS rejected this alternative.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. NMFS has 
prepared small entity compliance guides for this rule, and will send 
the appropriate guides to holders of permits in the relevant fisheries. 
The guides and this final rule also will be available via the Federal 
e-rulemaking Portal, at www.regulations.gov (search for Docket ID NOAA-
NMFS-2018-0049) and by request from NMFS PIRO (see ADDRESSES).

Paperwork Reduction Act

    This final rule contains revised collection-of-information 
requirements subject to review and approval by OMB under the PRA. These 
requirements have been submitted to OMB for approval under Control 
Numbers 0648-0649 and 0648-0218 and pertain to the reporting and 
recordkeeping requirements that would no longer apply in the overlap 
area and would not affect the estimated public reporting burden of 
these collections. Other existing collection of information 
requirements 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) 0648-0595, 
WCPFC Vessel Information Family of Forms; and (3) 0648-0204, West Coast 
Region Family of Forms.
    Send comments on these or any other aspects of the collection of 
information to Michael D. Tosatto, Regional Administrator, NMFS PIRO 
(see ADDRESSES), and by email to OIRA [email protected] or fax to 
202-395-5806. Notwithstanding any other provision of the law, no person 
is required to respond to, and no person shall be subject to penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 300

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

    Dated: May 28, 2020.
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 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, revise the definition of ``Effort Limit Area for 
Purse Seine, or ELAPS'' and add the definition of ``Overlap Area'' in 
alphabetical order to read as follows:


Sec.  300.211  Definitions.

* * * * *
    Effort Limit Area for Purse Seine, or ELAPS, means, within the area 
between 20[deg] N latitude and 20[deg] S latitude, areas within the 
Convention Area that either are high seas or within the EEZ, except for 
the Overlap Area.
* * * * *
    Overlap Area means the area within the Pacific Ocean bounded by 
50[deg] S latitude, 4[deg] S latitude, 150[deg] W longitude, and 
130[deg] W longitude.
* * * * *

0
5. In Sec.  300.215, revise paragraphs (c)(1) and (2), (d)(1)(ii), and 
(d)(2)(v) to read as follows:


Sec.  300.215   Observers.

* * * * *
    (c) * * * (1) Fishing vessels specified in paragraphs (a)(1) and 
(2) of this section must carry, when directed to do so by NMFS, a WCPFC 
observer on fishing trips during which the vessel at any time enters or 
is within any part of the Convention Area other than the

[[Page 37389]]

Overlap Area. The operator and each member of the crew of the fishing 
vessel shall act in accordance with paragraphs (c)(3), (4), and (5) of 
this section with respect to any WCPFC observer.
    (2) Fishing vessels specified in paragraph (a)(3) of this section 
must carry an observer when required to do so under paragraph (d) of 
this section, except for within the Overlap Area. The operator and each 
member of the crew of the fishing vessel shall act in accordance with 
paragraphs (c)(3), (4), and (5) of this section, as applicable, with 
respect to any WCPFC observer.
* * * * *
    (d) * * *
    (1) * * *
    (ii) The transshipment takes place entirely within 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 entirely within the Overlap Area, and only includes fish 
caught in such waters; or
* * * * *
    (2) * * *
    (v) The transshipment takes place entirely within 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 entirely within the Overlap Area, and only includes fish 
caught in such waters; or
* * * * *

0
6. In Sec.  300.216, revise paragraphs (b)(2) introductory text, 
(b)(3)(i)(D), (b)(3)(ii) introductory text, and (c)(1) introductory 
text to read as follows:


Sec.  300.216  Transshipping, bunkering and net sharing.

* * * * *
    (b) * * *
    (2) Restrictions on at-sea transshipments. If a transshipment takes 
place entirely within 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 entirely within the 
Overlap Area, and only includes fish caught within such waters, this 
paragraph does not apply.
* * * * *
    (3) * * *
    (i) * * *
    (D) The transshipment takes place entirely within 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 entirely within the Overlap Area, and only includes fish 
caught within such waters.
    (ii) Bunkering, supplying and provisioning. Only fishing vessels 
that are authorized to be used for fishing in the EEZ may engage in 
bunkering in the EEZ. A fishing vessel of the United States used for 
commercial fishing for HMS shall not be used to provide bunkering, to 
receive bunkering, or to exchange supplies or provisions with another 
vessel in the Convention Area, except for the Overlap Area, unless one 
or more of the following is satisfied:
* * * * *
    (c) * * *
    (1) The owner and operator of a fishing vessel of the United States 
shall not conduct net sharing in the Convention Area, except for within 
the Overlap Area, unless all of the following conditions are met:
* * * * *

0
7. In Sec.  300.218:
0
a. Revise paragraphs (c), (d)(1) introductory text, (d)(2) introductory 
text, and (e);
0
b. Add introductory text to paragraph (f); and
0
c. Revise paragraphs (g) and (h).
    The revisions and addition read as follows:


Sec.  300.218  Reporting and recordkeeping requirements.

* * * * *
    (c) Exceptions to transshipment reporting requirements. Paragraph 
(b) of this section shall not apply to a transshipment that takes place 
entirely within the Overlap Area or within 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, and 
only includes fish caught within such waters.
    (d) * * *
    (1) High seas transshipments. This section shall not apply to a 
transshipment that takes place entirely within the Overlap Area and 
only includes fish caught within such waters. The owner and operator of 
a fishing vessel of the United States used for commercial fishing that 
offloads or receives a transshipment of HMS on the high seas in the 
Convention Area or a transshipment of HMS caught in the Convention Area 
anywhere on the high seas and not subject to the requirements of 
paragraph (d)(2) of this section, must ensure that a notice is 
submitted to the Commission by fax or email at least 36 hours prior to 
the start of such transshipment at the address specified by the Pacific 
Islands Regional Administrator, and that a copy of that notice is 
submitted to NMFS at the address specified by the Pacific Islands 
Regional Administrator at least 36 hours prior to the start of the 
transshipment. The notice must be reported in the format provided by 
the Pacific Islands Regional Administrator and must contain the 
following information:
* * * * *
    (2) Emergency transshipments. This section shall not apply to a 
transshipment that takes place entirely within the Overlap Area and 
only includes fish caught within such waters. The owner and operator of 
a fishing vessel of the United States used for commercial fishing for 
HMS that offloads or receives a transshipment of HMS in the Convention 
Area or a transshipment of HMS caught in the Convention Area anywhere 
that is allowed under Sec.  300.216(b)(4) but would otherwise be 
prohibited under the regulations in this subpart, must ensure that a 
notice is submitted by fax or email to the Commission at the address 
specified by the Pacific Islands Regional Administrator, and a copy is 
submitted to NMFS at the address specified by the Pacific Islands 
Regional Administrator within 12 hours of the completion of the 
transshipment. The notice must be reported in the format provided by 
the Pacific Islands Regional Administrator and must contain the 
following information:
* * * * *
    (e) Purse seine discard reports. The owner and operator of any 
fishing vessel of the United States equipped with purse seine gear must 
ensure that a report of any at-sea discards of any bigeye tuna (Thunnus 
obesus), yellowfin tuna (Thunnus albacares), or skipjack tuna 
(Katsuwonus pelamis) caught in the Convention Area, except for within 
the Overlap Area, is completed, using a form that is available from the 
Pacific Islands Regional Administrator, and recording all the 
information specified on the form. The report must be submitted within 
48 hours after any discard to the Commission by fax or email at the 
address specified by the Pacific Islands Regional Administrator. A copy 
of the report must be submitted to NMFS at the address specified by the 
Pacific Islands Regional Administrator by fax or email within 48 hours 
after any such discard. A hard copy of the report must be provided to 
the observer on board the vessel, if any.
    (f) Net sharing reports. This paragraph (f) does not apply to net 
sharing activity within the Overlap Area.
* * * * *

[[Page 37390]]

    (g) Daily purse seine fishing effort reports. If directed by NMFS, 
the owner or operator of any fishing vessel of the United States 
equipped with purse seine gear must report to NMFS, for the period and 
in the format and manner directed by the Pacific Islands Regional 
Administrator, within 24 hours of the end of each day that the vessel 
is at sea in the Convention Area, except for within the Overlap Area, 
the activity of the vessel (e.g., setting, transiting, searching), 
location and type of set, if a set was made during that day.
    (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 (h) 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
8. 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, or within 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
9. 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.
* * * * *

0
10. 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. 2020-11981 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-22-P