International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fish Aggregating Device Design Requirements in Purse Seine Fisheries, IMO Number Requirements, and Bycatch Restrictions, 30671-30679 [2023-09966]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30671-30679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09966]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230504-0121]
RIN 0648-BI79


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fish Aggregating Device Design 
Requirements in Purse Seine Fisheries, IMO Number Requirements, and 
Bycatch Restrictions

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 (WCPFC Implementation Act), NMFS issues 
this final rule establishing fish aggregating device (FAD) design 
requirements, International Maritime Organization (IMO) number 
requirements, and bycatch restrictions for sharks and rays. This action 
is necessary to satisfy the obligations of the United States under the 
Convention on the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (Convention), to which 
it is a Contracting Party.

DATES: This rule is effective on June 12, 2023.

ADDRESSES: Copies of supporting documents prepared for this final rule, 
including the regulatory impact review (RIR), as well as the proposed 
rule (86 FR 55790, October 7, 2021), are available via the Federal e-
rulemaking Portal, at www.regulations.gov (search for Docket ID NOAA-
NMFS-2021-0068). Those documents are also available from NMFS at the 
following address: Sarah Malloy, Acting 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 and to 
www.reginfo.gov/public/do/PRAMain.

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

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2021, NMFS published a proposed rule in the Federal 
Register (86 FR 55790) proposing to establish FAD design requirements, 
IMO number requirements, and bycatch restrictions for sharks and rays. 
The 30-day public comment period for the proposed rule closed on 
November 8, 2021.
    This final rule is issued under the authority of the WCPFC 
Implementation Act (16 U.S.C. 6901 et seq.), which authorizes the 
Secretary of Commerce, in consultation with the Secretary of State and 
the Secretary of the Department in which the United States Coast Guard 
is operating (currently the Department of Homeland Security), to 
promulgate such regulations as may be necessary to carry out the 
obligations of the United States under the Convention, including the 
decisions of the Commission for the Conservation and Management of 
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 
(WCPFC or Commission). The WCPFC Implementation Act further provides 
that the Secretary of Commerce shall ensure consistency, to the extent 
practicable, of fishery management programs administered under the 
WCPFC Implementation Act and the Magnuson-Stevens Fishery Conservation 
and Management Act (MSA; 16 U.S.C. 1801 et seq.), as well as other 
specific laws (see 16 U.S.C. 6905(b)). The Secretary of Commerce has 
delegated the authority to promulgate regulations under the WCPFC 
Implementation Act to NMFS. A map showing the boundaries of the area of 
application of the Convention (Convention Area), which comprises the 
majority of the WCPO, can be found on the WCPFC website at: 
www.wcpfc.int/doc/convention-area-map.
    The United States is also a member of the Inter-American Tropical 
Tuna Commission (IATTC). The convention areas for IATTC and WCPFC 
overlap in the Pacific Ocean waters within a rectangular area bounded 
by 50[deg] S latitude, 4[deg] S latitude, 150[deg] W longitude, and 
130[deg] W longitude (``overlap area''). The preamble of the proposed 
rule provides further detail on United States implementation of WCPFC 
and IATTC requirements in the overlap area, which are not repeated 
here.
    This final rule implements specific provisions of four recent WCPFC 
decisions (CMM 2018-01,

[[Page 30672]]

``Conservation and Management Measure for Bigeye, Yellowfin and 
Skipjack Tuna in the Western and Central Pacific Ocean''; CMM 2018-06, 
``Conservation and Management Measure for WCPFC Record of Fishing 
Vessels and Authorisation to Fish''; CMM 2019-04, ``Conservation and 
Management Measure for Sharks''; and CMM 2019-05, ``Conservation and 
Management Measure on Mobulid Rays''). The preamble to the proposed 
rule provides background information on the Convention and the 
Commission, the provisions that are being implemented in this rule, and 
the basis for the regulations, which is not repeated here.

The Action

    The specific elements of the final rule are detailed below.

1. Non-Entangling FAD Requirements

    This final rule implements specific FAD design requirements related 
to net mesh set forth in paragraph 19 of CMM 2018-01. A more recent 
measure, CMM 2021-01, further revises the non-entangling FAD 
requirements by prohibiting the use of any mesh net. However, since the 
new requirements of CMM 2021-01 go into effect on January 1, 2024, the 
requirements of CMM 2018-01 are being implemented now. NMFS will 
implement the requirements of CMM 2021-01 in a future rulemaking. Under 
this final rule, if the FAD design includes a raft (e.g., flat raft or 
rolls of material) and if mesh netting is used as part of the 
structure, the mesh netting shall have a stretched mesh size less than 
7 cm and the mesh net must be tightly wrapped such that no netting 
hangs below the FAD when deployed. Additionally, any netting used in 
the subsurface structure of the FAD must be tightly tied into bundles 
(``sausages'') or have a stretched mesh size less than 7 cm in a panel 
that is weighted on the lower end with at least enough weight to keep 
the netting taut in the water column. This element of the final rule 
applies to all purse seine vessels used for commercial fishing for 
highly migratory species (HMS) on the high seas and in exclusive 
economic zones in the Convention Area (excluding the overlap area). 
NMFS notes that Paragraph 19 of CMM 2018-01 states that WCPFC members 
shall ensure that the specific FAD design requirements apply to any FAD 
to be deployed in, or that drifts into, the Convention Area. NMFS 
determined that it would be impractical to require vessel owners and 
operators to ensure that non-conforming FADs do not drift into the 
Convention Area. Thus, the FAD design requirements of this final rule 
apply only to FADs that are to be deployed or redeployed (i.e., placed 
in the water).

2. IMO Number Requirement

    Existing regulations at 50 CFR 300.217(c) apply to all U.S. fishing 
vessels (including those participating in the fisheries of the U.S. 
Participating Territories) that are used for commercial fishing for 
highly migratory fish stocks in the Convention Area either on the high 
seas or in waters under the jurisdiction of a foreign nation, and the 
gross tonnage of which is at least 100 GRT or 100 GT (gross tons). The 
owner of any such fishing vessel is required to ensure that an ``IMO 
number'' has been issued for the vessel. The preamble to the proposed 
rule provides background information on the IMO ship identification 
number scheme and associated instructions, which are not repeated here. 
The existing regulations include a process for fishing vessel owners to 
request an exemption from NMFS if they are unable to obtain IMO 
numbers. When NMFS receives such a request it will review it and assist 
the fishing vessel owner as appropriate. If NMFS determines that it is 
infeasible or impractical for the fishing vessel owner to comply with 
the requirement, NMFS will issue an exemption from the requirement for 
a specific or indefinite amount of time. The exemption will become void 
if ownership of the fishing vessel changes. Under this final rule, the 
existing regulations are revised to include vessels less than 100 GRT 
down to a size of 12 meters in overall length (LOA). This element of 
the final rule applies to vessels used for commercial fishing for HMS 
in the Convention Area, including the overlap area, either on the high 
seas or in waters under the jurisdiction of a foreign nation.

3. Revised Purse Seine Restrictions for Oceanic Whitetip Shark and 
Silky Shark and Additional Shark Release Requirement for All Vessels

    This final rule also implements two specific provisions of CMM 
2019-04 (1) an exemption from existing no-retention requirements for 
purse seine vessels in specific cases where an oceanic whitetip shark 
or silky shark is not seen during fishing operations and are delivered 
into the vessel hold; and (2) a requirement for vessels to haul any 
incidentally caught sharks alongside the vessel before being cut free 
in order to facilitate species identification. The Commission amended 
this CMM in December 2022. The revisions that would likely require 
regulatory action include provisions that prohibit longline vessels 
operating in the Convention Area between 20[deg] North and 20[deg] 
South from using wire trace as branch lines and from using shark lines 
or branch lines running off of the longline floats or drop lines, and a 
requirement for longline vessels to follow certain guidelines when 
releasing sharks that are not retained. Both of these provisions become 
effective January 1, 2024. NMFS plans to implement the applicable new 
requirements in a separate rulemaking.
    Existing regulations under 50 CFR 300.226 prohibit the crew, 
operator, and owner on all vessels used for commercial fishing for HMS 
in the Convention Area from retaining on board, transshipping, storing, 
or landing any part or whole carcass of an oceanic whitetip shark or 
silky shark that is caught in the Convention Area, unless collected by 
an on-board observer. This final rule establishes an exemption for 
purse seine fishing vessels in the case of any silky shark or oceanic 
whitetip shark that is not seen during the fishing operation and is 
unknowingly delivered into the vessel hold and frozen. In such a case, 
oceanic whitetip shark and silky shark could be stored and landed, but 
the vessel owner or operator would be required to notify the observer 
and surrender the whole shark to the responsible government authorities 
or discard the shark at the first point of landing or transshipment. In 
U.S. ports the responsible government authority is the NOAA Office of 
Law Enforcement divisional office nearest to the port. Under this final 
rule, it is prohibited to sell or barter oceanic whitetip shark and 
silky shark surrendered in this manner, but they could be donated for 
purposes of human consumption, consistent with any applicable laws and 
policies.
    This final rule also establishes a requirement that any shark be 
hauled alongside the vessel before being cut free (if on a line or 
entangled in a net) in order to facilitate species identification by 
the observer on board. This element of the final rule only applies to 
vessels on which a WCPFC observer or camera monitoring device are 
present on board.
    Both of these elements of the final rule apply to all U.S. vessels 
used for commercial fishing for HMS on the high seas and in exclusive 
economic zones in the Convention Area (excluding the overlap area).

4. Fishing Restrictions for Mobulid Rays

    This final rule also implements specific requirements of the 
provisions of CMM 2019-05 for mobulid rays, including the following 
five elements:

[[Page 30673]]

    (1) Owners and operators are prohibited from setting on a mobulid 
ray if the animal is sighted prior to a set;
    (2) Owners and operators are prohibited from retaining on board, 
transshipping, storing, or landing any part or whole carcass of a 
mobulid ray;
    (3) Owners and operators are required to release any mobulid ray 
unharmed, as soon as possible, in a manner that results in the least 
possible harm to the individuals captured, taking into consideration 
the safety of the crew;
    (4) Owners and operators are required to allow observers to collect 
biological samples of mobulid rays, if requested to do so by a WCPFC 
observer; and
    (5) An exemption for purse seine vessels from elements 2 and 3 \1\ 
in specific cases where a mobulid ray is not seen during fishing 
operations and is unknowingly delivered into the vessel hold. In such 
cases, a vessel owner or operator will be required to notify the 
observer on board, and surrender the whole mobulid ray at the first 
point of landing, to the responsible government authorities, or other 
competent authority, or discard it. It is prohibited to sell or barter 
mobulid rays surrendered in this manner, but they could be donated for 
purposes of human consumption, consistent with any applicable laws and 
policies.
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    \1\ NMFS notes that the preamble to the proposed rule included a 
typographical error listing element 1 instead of element 3 for this 
exemption.
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    The five mobulid ray elements of the final rule apply to U.S. 
vessels used for commercial fishing for HMS on the high seas and EEZs 
in the Convention Area (excluding the overlap area).

Comments and Responses

    NMFS received two comment letters on the proposed rule. One 
commenter provided a general statement of support for the proposed 
rule. The remaining comments are summarized below, followed by 
responses from NMFS.
    Comment 1: The American Tunaboat Association (ATA) commented that 
all ATA vessels are already in compliance with the FAD design 
requirements in the proposed rule, with one exception. The proposed 
rule would require that ``all FADs on board or deployed from the vessel 
in the Convention Area comply with the design requirement.'' ATA noted 
that vessels would be working to retrieve old FADs from the water and 
requested that NMFS modify the rule to make clear that the prohibition 
would not apply to FADs that have been retrieved for destruction or 
recycling and that will not be redeployed.
    Response: NMFS has revised the regulatory text from that included 
in the proposed rule to clarify that the design requirements only apply 
to FADs that are to be deployed (i.e., are to be placed in the water) 
in the Convention Area from a vessel, as specified in the CMM. The new 
FAD design elements would not apply to FADs that were deployed and in 
the water before the effective date of this rule. Although the new FAD 
design elements do not apply to FADs that have been retrieved by vessel 
owners and operators and are onboard the vessel to be destroyed or 
recycled, FADs that have been serviced or retrieved must meet the FAD 
design elements before they are re-deployed back into the water.
    Comment 2: ATA commented that they recognize the proposed FAD 
design requirements are part of a larger transition over time to fully 
non-entangling (mesh-free) and eventually biodegradable FADs and they 
expressed support for the eventual goal of effective biodegradable 
FADs. ATA noted that more work is needed to transition to biodegradable 
FADs and recognized that parallel efforts are underway to transition to 
fully biodegradable FADs in the interim. However, ATA suggested that 
any transition from the current requirements to fully non-entangling 
FADs could postpone the transition to biodegradable FADs, and could 
significantly increase the cost to vessels over the transition period. 
ATA suggested that focus should instead be directed at enhancing 
efforts to develop and deploy biodegradable FADs in the short-term.
    Response: NMFS acknowledges the comment and notes that the WCPFC 
FAD working group is continuing discussion on the use and development 
of biodegradable FADs. In December 2021, the WCPFC adopted CMM 2021-01, 
which includes modifications to the existing non-entangling FAD design 
requirements and obligates Commission Members to implement fully non-
entangling (mesh free) design requirements by January 1, 2024. NMFS 
plans to implement the modified design requirements in a separate 
rulemaking. Implementation of the modified design requirements is 
necessary to satisfy the obligations of the United States under the 
Convention.
    Comment 3: ATA expressed support for the element of the proposed 
rule that would allow a limited exemption for purse seine vessels to 
the prohibition on the retention of oceanic whitetip sharks and silky 
sharks if a shark is inadvertently brought into the hold of the vessel.
    Response: NMFS acknowledges the comment.
    Comment 4: ATA sought clarification on the element of the proposed 
rule that would require that sharks be hauled alongside a vessel before 
being cut free in order to facilitate species identification. ATA 
suggested that it would not be practical or safe to bring a purse seine 
net to the side of a purse seine vessel in order to cut a shark free 
and that this requirement seems more applicable to longline vessels. 
ATA noted that the proposed rule correctly acknowledges that for purse 
seine vessels, it is expected that in most cases, the shark would be 
released after it is brailed from the net and brought on deck. ATA 
suggested modifications to the regulation text that would clarify that 
a shark must be released as soon as possible once it is brought 
alongside or on board the vessel.
    Response: The shark release requirements found at 50 CFR 300.226(b) 
went into effect on March 23, 2015 (80 FR 8807, Feb. 19, 2015). These 
requirements are not being changed in this final rule. Rather, this 
final rule simply adds an exemption to the release requirements for 
sharks that are not sighted prior to being delivered into a purse seine 
vessel hold (50 CFR 300.226(e)). Separately, under this final rule, 
NMFS is implementing a new requirement (found at 50 CFR 300.230) to 
facilitate species identification for sharks that are incidentally 
caught during fishing operations. This regulation clearly states that 
the requirement to bring the shark alongside the vessel for 
identification purposes only applies to sharks that are ``not brought 
on board the fishing vessel,'' and only when observers or electronic 
cameras are available. Thus, NMFS does not believe that further 
revision to the regulatory text is needed.
    Comment 5: ATA commented that the prohibition from setting on a 
mobulid ray is a requirement that may occasionally result in a lost 
opportunity for a purse seine vessel to make a set and that it will 
likely have an economic impact on the fleet. ATA noted, however, that 
ATA vessels will already be seeking to minimize the number of mobulid 
ray interactions in the purse seine fishery, due to obligations under 
the Endangered Species Act and that ATA understands the intent of the 
requirement. The remaining elements of the proposed rule related to 
mobulid ray interactions are things that ATA members have already 
committed to implement.
    Response: NMFS acknowledges the potential economic impact that may 
result from the prohibition against setting on a mobulid ray. These and 
other potential impacts have been

[[Page 30674]]

described in detail by NMFS in the EA and RIR associated with this 
rulemaking. Implementation of the prohibition is necessary to satisfy 
the obligations of the United States under the Convention.
    Comment 6: ATA commented that provisions for both sharks and rays 
use language such as ``as soon as possible'' and ``take all reasonable 
steps'' and raised concerns that such subjective terms have resulted in 
adverse enforcement actions based on determinations from observer 
reports in the past. However, ATA stated that it counts on the 
reasonable application and fair administration of NMFS enforcement 
powers in such cases.
    Response: The shark handling and release requirements found at 50 
CFR 300.226(b) went into effect on March 23, 2015 (80 FR 8807, February 
19, 2015), and NMFS is not modifying those regulations in this final 
rule. Rather, this final rule implements new handling and release 
requirements for mobulid rays at 50 CFR 300.229(c). These requirements 
implement CMM 2019-05, which requires vessels to release mobulid rays 
alive and unharmed ``to the extent practicable . . . as soon as 
possible.'' Thus, the mobulid ray handling and release regulation 
implements language directly from the CMM, and is written to be 
consistent with existing regulations on shark handling and release.

Changes From the Proposed Rule

    This final rule includes one substantive change to the regulatory 
text from the proposed rule. NMFS has revised the regulatory text for 
FAD requirements at 50 CFR 300.223(b)(4) to clarify that the FAD design 
requirements will only apply to FADs to be deployed or redeployed 
(i.e., placed in the water) from a vessel. This final rule also 
includes editorial corrections in 50 CFR 300.229(e) so that both uses 
of the term WCPFC observer are preceded by the word ``a'', an editorial 
correction to 50 CFR 300.229(f) so that the word shark is deleted from 
the last sentence, and editorial corrections to 50 CFR 300.226(a) and 
(b) so the inadvertent editorial changes made to the existing 
regulatory text in the proposed rule are withdrawn.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this action is consistent with the WCPFC Implementation Act and 
other applicable laws, subject to further consideration after public 
comment.

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, American Samoa, CNMI and Guam on 
August 2, 2021, for review by the responsible state and territorial 
agencies under section 307 of the CZMA. Hawaii replied by letter dated 
August 16, 2021, stating that, because the proposed rule is outside of 
the jurisdiction of the Hawaii Coastal Zone Management Program's 
enforceable policies, it would not be responding to the consistency 
determination. The CNMI replied by letter dated August 31, 2021, 
stating that it concurs that the action is consistent with the 
enforceable policies of CNMI's coastal management program. Guam replied 
by letter dated September 28, 2021, stating that based on the 
information provided, it has determined that the action will be 
consistent with the enforceable policies of Guam's Coastal Management 
Program. No response was received from 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.

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 in the SUMMARY section of the 
preamble and in other sections of this SUPPLEMENTARY INFORMATION 
section of the preamble. The analysis follows:
Significant Issues Raised by Public Comments in Response to the IRFA
    NMFS did not receive any comments specifically on the IRFA. One 
public comment received on the proposed rule referred to potential 
economic impacts of the proposed action; see Comment #5 and NMFS' 
response to that comment above.
Description of Small Entities to Which the Rule and Specifications 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 (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) 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.
    This final rule would apply to owners and operators of U.S. 
commercial fishing vessels used to fish for HMS in the Convention Area. 
This includes vessels in the purse seine, longline, tropical troll 
(including those in American Samoa, the CNMI, Guam, and Hawaii), Hawaii 
handline, Hawaii pole-and-line, and west coast-based albacore troll 
fleets. The estimated number of affected fishing vessels is as follows 
based on the number of vessels reported in the 2022 U.S. Annual Report 
Part 1 to WCPFC (for the 2021 fishing year): 19 purse seine vessels, 
149 longline vessels, 21 albacore troll vessels, and 1,913 tropical 
troll and handline vessels. Thus, the total estimated number of vessels 
that would be subject to the rule is 2,102. As of January 2023, there 
are 14 purse seine vessels with WCPFC Area Endorsements (i.e., vessels 
authorized to be used for commercial fishing for HMS on the high seas 
in the Convention Area), 13 of which are active. The following analysis 
includes 13 vessels as the baseline, even though the total number of 
estimated vessels includes the number of 19 purse seine vessels from 
Annual Report Part 1.
    Based on (limited) financial information about the affected fishing 
fleets, and using individual vessels as proxies for individual 
businesses, NMFS believes that all the affected fish harvesting 
businesses in all the fleets, except the purse seine fleet, 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 revenues for the 13 currently active vessels, by 
vessel, for 2019-2021 reveals that average annual per-vessel revenue 
was about $8,757,000 (NMFS unpublished data on catches combined with 
fish price data from https://investor.thaiunion.com/raw_material.html 
accessed on March 22, 2022). Eleven of the active purse seine

[[Page 30675]]

vessels had estimated average annual revenues of less than $11 million, 
and thus are considered to be small entities.

Recordkeeping, Reporting, and Other Compliance Requirements

    The reporting, recordkeeping and other compliance requirements of 
this final rule are described earlier in the preamble. The classes of 
small entities subject to the requirements and the expected costs of 
complying with the requirements are described above in the 
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 the Office of Management 
and Budget (OMB) under the PRA.
    Non-entangling FAD Element: To comply with this element of the 
rule, affected vessel owners and operators are required to use specific 
materials and design specifications for FADs that are to be deployed 
(i.e., are to be placed in the water) in the WCPFC Convention Area. 
This element would not establish any new reporting or recordkeeping 
requirements (within the meaning of the Paperwork Reduction Act). The 
costs of complying with this requirement are described below to the 
extent possible.
    This element of the rule applies to all purse seine vessels used 
for commercial fishing for HMS on the high seas and in exclusive 
economic zones in the Convention Area (excluding the overlap area). A 
majority of the purse seine vessels are already subject to equivalent 
requirements in the eastern Pacific Ocean. NMFS has established 
regulations for measures adopted by the IATTC (see 83 FR 15503, April 
11, 2018; 83 FR 62732, December 6, 2018), which became effective on 
January 1, 2019. Of the 14 purse seine vessels to which this element of 
the rule would apply, 13 are currently active on both the WCPFC Record 
of Fishing Vessels (RFV) and the IATTC Regional Vessel Register (RVR), 
meaning that they are authorized to fish in both the WCPO and the EPO. 
It is expected that the owners and operators of purse seine vessels on 
both lists would therefore already be responsible for implementing the 
FAD design requirements in the EPO, as specified in 50 CFR 300.28(e). 
All 13 active purse seine vessels currently on the WCPFC RFV are also 
on the International Seafood Sustainability Foundation (ISSF) ProActive 
Vessel Register (PVR), and their owners and operators have agreed to 
comply with ISSF-adopted conservation measures, which include the use 
of non-entangling FADs or lower entanglement risk FADs. The ISSF lower 
entanglement risk FADs meet the same design specifications and material 
requirements in this element of the rule. Therefore, for the owners and 
operators of all purse seine vessels that would be subject to the 
requirement, NMFS expects that there would be no change in the 
materials they currently use to design FADs.
    To the extent that any of those vessels are not already 
implementing the design specifications, and for any new purse seine 
vessels that enter the fishery, there would likely be some costs 
associated with complying with this requirement. However, it is not 
possible to predict the costs associated with any certainty, as FAD 
designs vary between vessels, and the availability of materials is 
expected to vary over time. If specific non-entangling FAD materials 
were difficult or costly to obtain (e.g., netting with 7 cm mesh size), 
it could affect a vessel's ability to fish on FADs. In cases where 
vessels choose to forego fishing on FADs, it could increase operating 
costs in the form of increased fuel usage to fish on unassociated 
schools of fish instead of fishing on FADs.
    Fulfillment of these requirements is not expected to require any 
professional skills that the affected vessel owners and operators do 
not already possess.
    IMO Number Element: This element of the rule requires owners of 
fishing vessels less than 100 GRT down to a size of 12 meters LOA to 
obtain an IMO number. This requirement is part of a collection of 
information subject to approval by OMB under the PRA. The costs of 
complying with this requirement are described below to the extent 
possible.
    This element of the rule applies to vessels used for commercial 
fishing for HMS in the Convention Area (including the overlap area), 
either on the high seas or in waters under the jurisdiction of a 
foreign nation. Existing regulations at 50 CFR 300.217(c) require that 
vessels at least 100 GRT obtain an IMO number, so most entities that 
would be required to obtain an IMO number already have them. NMFS 
estimates that 48 fishing vessels would initially be subject to the 
expanded requirement, 45 longline vessels and three troll vessels. NMFS 
has established regulations, at 50 CFR 300.22(b)(3)(iii), which 
implement similar requirements for vessels fishing on the high seas in 
the EPO. NMFS estimates that all but one of the 48 fishing vessels 
initially subject to this element of the final rule are already subject 
to the IATTC IMO requirements in the EPO. NMFS projects that as fishing 
vessels enter the fishery in the future, roughly four per year would be 
required to obtain IMO numbers.
    The requirement to obtain an IMO number would be a one-time 
requirement; once a number is issued for a vessel, the owner of the 
vessel would be in compliance for the remainder of the vessel's life, 
regardless of changes in ownership. Completing and submitting the 
application form (which can be done online and requires no fees) would 
take about 30 minutes per applicant, on average. Assuming a value of 
labor of approximately $26 per hour and communication costs of about $1 
per application, the (one-time) cost to each affected entity would be 
about $14. Fulfillment of these requirements is not expected to require 
any professional skills that the affected vessel owners and operators 
do not already possess.
    Shark Element (1): This element of the rule provides an exemption 
to existing oceanic whitetip and silky shark prohibitions in the case 
where an oceanic whitetip shark or silky shark is not seen during 
fishing operations and is unknowingly delivered into the vessel hold 
and frozen as part of a purse seine operation. It would not establish 
any new reporting and recordkeeping requirements (within the meaning of 
the Paperwork Reduction Act). The costs of complying with this 
requirement are described below to the extent possible.
    This element of the rule applies specifically to U.S. purse seine 
vessels used for commercial fishing for HMS on the high seas or in EEZs 
within the Convention Area (excluding the overlap area). It is not 
expected that these requirements would cause any modification to the 
vessels' fishing practices, as the expectation is that they would not 
have seen the animal prior to delivering it into the hold. Although 
this element would relieve vessel owners and operators from the burden 
associated with the existing regulation, qualifying for the exemption 
could bring modest costs. If the option of discarding the animal at the 
first point of landing or transshipment is taken, no additional costs 
would be expected. If the option of surrendering the shark to the 
responsible government authority is taken, there could be moderate 
costs in terms of crew labor that may be necessary to contact the 
authority and surrender the shark. Under either option, the cost would 
be offset by the reduced risk of monetary fines that may be associated 
with current regulations prohibiting the retention of oceanic whitetip 
sharks and silky sharks.
    Fulfillment of these requirements is not expected to require any 
professional skills that the affected vessel owners and operators do 
not already possess.
    Shark Element (2): This element of the rule requires that any 
incidentally

[[Page 30676]]

caught shark not brought on board be hauled alongside the vessel before 
being released in order to facilitate better species identification by 
the WCPFC observer on board. It would not establish any new reporting 
or recordkeeping requirements (within the meaning of the Paperwork 
Reduction Act). The costs of complying with this requirement are 
described below to the extent possible.
    This element of the rule applies to all U.S. vessels used for 
commercial fishing for HMS on the high seas or in EEZs within the 
Convention Area (excluding the overlap area); however, it would only 
apply to vessels on which an observer or electronic monitoring camera 
is present, so for the foreseeable future, it is expected that it would 
apply only to purse seine and longline vessels, which currently carry 
observers.
    For purse seine vessels, NMFS expects that this requirement would 
not be frequently applicable. Although an observer would be present on 
100 percent of trips, in most cases, the fish would be released only 
after it is brailed from the purse seine and brought on deck. As stated 
above, NMFS notes that observers on purse seine vessels already 
routinely identify sharks that are brailed and brought on board the 
vessel. In the infrequent circumstance that the vessel operator and 
crew determined that it is possible to release the fish before it is 
brought on deck, greater intervention and time on the part of crew 
members would be needed to ensure that the observer is able to properly 
identify species. To the extent that time could otherwise be put to 
productive activities, this could lead to increased costs associated 
with labor.
    For longline vessels, it is expected that an observer would be 
present on about 20 percent of trips for deep-set trips and 100 percent 
on shallow-set trips.\2\ In these cases, it is expected that under 
current fishing practices, the fish would be released as it is brought 
to the side of the vessel, such as by cutting the line or removing the 
hook. In these cases, minimal if any costs would be incurred.
---------------------------------------------------------------------------

    \2\ Based on average percent observer coverage on Hawaii 
longline vessels, 2017-2021.
---------------------------------------------------------------------------

    This element of the rule is not expected to require any 
professional skills that the affected vessel owners, operators and crew 
do not already possess.
    Mobulid Ray Element (1): This element of the rule prohibits vessels 
from targeting mobulid rays or making a set in instances in which a 
mobulid ray is sighted prior to a set. This requirement would not 
impose any new reporting or recordkeeping requirements (within the 
meaning of the Paperwork Reduction Act). The costs of complying with 
this requirement are described below to the extent possible.
    This element applies to all U.S. vessels used for commercial 
fishing for HMS on the high seas or in the exclusive economic zones in 
the Convention Area (excluding the overlap area). U.S. fishing vessels 
in the WCPO are not known to intentionally target mobulid rays, 
although they are caught incidentally in both the purse seine and 
longline fleets and less frequently in the tropical handline and pole-
and-line fleets. It is unknown whether U.S. purse seine vessels 
currently intentionally set on mobulid rays. If such a practice does 
exist, this element would be expected to impact purse seine vessels by 
prohibiting them from setting on a mobulid ray if sighted prior to a 
set.
    In the event that a mobulid ray is sighted prior to a desired set, 
complying with this requirement could cause forgone fishing 
opportunities and result in economic losses. It is difficult to project 
the frequency of pre-set mobulid ray-sighting events because such 
events are not recorded. Historical data on mobulid ray interactions 
are available, but interactions are not equivalent to pre-set 
sightings. According to anecdotal information from purse seine vessel 
operators, a majority of mobulid rays are not seen before the set 
commences. Nonetheless, historical mobulid ray interaction rates can 
provide an upper bound estimate of the frequency of pre-set mobulid ray 
sighting events in the future. Based on unpublished observer data from 
the Pacific Islands Forum Fisheries Agency (FFA) observer program 
between 2015 and 2019, mobulid ray interactions occur in approximately 
3 percent of observed purse seine sets on average in the purse seine 
fishery (100 percent of sets were observed in 2015-2019). In those 
instances where a mobulid ray is sighted prior to a set, the vessel 
operator would have to wait and/or move the vessel to find the next 
opportunity to make a set. The consequences in terms of time lost, 
distance travelled, and associated costs cannot be projected with any 
certainty, but a range of possible outcomes can be foreseen. At worst, 
the operator would lose the opportunity to make a set for the remainder 
of the day. At best, the operator would find an opportunity to make a 
set soon after the event--that is, on the same day, and limited costs 
would be incurred. This requirement is not expected to require any 
professional skills that the affected vessel owners, operators and crew 
do not already possess.
    Mobulid Ray Element (2): This element of the rule prohibits vessels 
from retaining on board, transshipping, or landing any mobulid ray in 
the Convention Area. This requirement would not impose any new 
reporting or recordkeeping requirements (within the meaning of the 
Paperwork Reduction Act). The costs of complying with this requirement 
are described below to the extent possible.
    This element of the rule applies to all U.S. vessels used for 
commercial fishing for HMS on the high seas or in the EEZs in the 
Convention Area (excluding the overlap area). U.S. fishing vessels in 
the WCPO are not known to intentionally target mobulid rays, although 
they are caught incidentally in both the purse seine and longline 
fleets and less frequently in the tropical handline and pole-and-line 
fleets. There are no recorded interactions with mobulid rays in the 
tropical troll or albacore troll fleets.
    Unpublished observer data from the FFA observer program and NOAA's 
Pacific Islands Observer program indicate that between 2015 and 2019, 
an estimated two mobulid rays were retained per year in the purse seine 
fishery, on average, and in the longline fishery, it is estimated that 
that less than one mobulid ray was retained per year, on average. The 
remainder of the mobulid catch was released alive or discarded dead. In 
the tropical handline and pole-and-line fleets, there were no reported 
mobulid rays retained between 2015 and 2019. This requirement would 
foreclose harvesting businesses' opportunity to retain and sell or 
otherwise make use of any species of mobulid ray that may previously 
have been retained by U.S. fishing vessels. The consequences in terms 
of opportunity loss cannot be projected with any certainty; however, 
available data indicate that there is no history of commercial sale of 
mobulid rays by U.S. fishing vessels. Additionally, existing 
requirements under 50 CFR 300.27 prohibit vessels from retaining on 
board, transshipping, storing, landing, or selling any part or whole 
carcass of a mobulid ray that is caught in the IATTC Convention Area in 
the EPO. For those vessels that fish in both the WCPO and EPO, it is 
expected that they would already be responsible for implementing the 
retention prohibition requirements included in the EPO.
    This element of the rule is not expected to require any 
professional skills that the affected vessel owners, operators and crew 
do not already possess.

[[Page 30677]]

    Mobulid Ray Element (3): This element of the rule requires vessels 
to release any mobulid ray caught in the Convention Area as soon as 
possible and in a manner that results in as little harm to the animal 
as possible, without compromising the safety of any persons. This 
requirement would not impose any new reporting or recordkeeping 
requirements (within the meaning of the Paperwork Reduction Act). The 
costs of complying with this requirement are described below to the 
extent possible.
    This element of the rule applies to all U.S. vessels used for 
commercial fishing for HMS on the high seas or in the EEZs in the 
Convention Area (excluding the overlap area). The requirement could 
bring costs in the form of reduced efficiency of fishing operations if 
vessels were required to change their release/discard practices 
relative to current practices.
    For purse seine vessels, it is expected that in most cases, the 
animal would be released after it is brailed from the purse seine and 
brought on deck. In these cases, the labor involved would probably be 
little different than current practice for discarded rays. If the 
vessel operator and crew determined that it is possible to release the 
animal before it is brought on deck, this would likely involve greater 
intervention and time on the part of crew members, which would be 
costly to the extent that time could otherwise be put to productive 
activities.
    Existing regulations under 50 CFR 300.27 require that vessels 
promptly release any mobulid ray caught in the IATTC Convention Area, 
unharmed, and as soon as it is seen in the net or on deck. As noted 
above, most of the purse seine vessels registered on the WCPFC RFV are 
also registered to fish on the IATTC RFV, and fish in both the WCPO and 
the EPO, so it expected that those vessels would already be responsible 
for implementing the release requirements in the EPO.
    For longline, tropical handline and pole-and-line vessels, it is 
expected that the animal would be quickly released as it is brought to 
the side of the vessel, such as by cutting the line or removing the 
hook. In these cases, minimal if any costs would be incurred.
    This element of the rule is not expected to require any 
professional skills that the affected vessel owners, operators and crew 
do not already possess.
    Mobulid Ray Element (4): This element of the rule is a limited 
exemption from the mobulid retention prohibition and the mobulid 
release requirement in that vessel owners and operators would be 
relieved of those requirements in those cases where a WCPFC observer 
collects, or requests assistance to collect, a sample of a mobulid ray, 
if requested to do so by a WCPFC observer. This requirement would not 
impose any new reporting or recordkeeping requirements (within the 
meaning of the Paperwork Reduction Act). The costs of complying with 
this requirement are described below to the extent possible.
    This element of the rule applies to all U.S. vessels used for 
commercial fishing for HMS on the high seas or in the EEZs in the 
Convention Area (excluding the overlap area). Under existing 
regulations, operators and crew of vessels with WCPFC Area Endorsements 
are already required to assist WCPFC observers in the collection of 
samples. This element of the rule would effectively expand that 
requirement--specifically for mobulid rays--to vessels not required to 
have WCPFC Area Endorsements. This element may bring additional costs 
to fishing businesses because it may require the owner, operator, and 
crew to assist the observer in the collection of samples if requested 
to do so by the observer. It is not possible to project how often 
observers would request assistance in collecting samples. When it does 
occur, it is not expected that sample collection would be so disruptive 
as to substantially delay or otherwise impact fishing operations, but 
the fishing business could bear small costs in terms of crew labor, and 
possibly the loss of storage space that could be used for other 
purposes. It is not expected to require any professional skills that 
the affected vessel owners, operators and crew do not already possess.
    Mobulid Ray Element (5): This element of the rule provides a 
limited exemption to elements 2 and 3 in specific cases where a mobulid 
ray is not seen during fishing operations and is unknowingly delivered 
into the vessel hold and frozen. It would not establish any new 
reporting and recordkeeping requirements (within the meaning of the 
Paperwork Reduction Act). The costs of complying with this requirement 
are described below.
    This element of the rule applies specifically to U.S. purse seine 
vessels used for commercial fishing for HMS on the high seas or in EEZs 
within the Convention Area (excluding the overlap area). It is not 
expected that these changes would cause any modification to the 
vessels' fishing practices, as the expectation is that they would not 
have seen the animal prior to delivering it into the hold. Although 
this element would relieve vessel owners and operators from the burden 
associated with the existing regulation, the steps for discarding or 
surrendering the animal could bring modest costs. If the option of 
discarding the animal at the first point of landing or transshipment is 
taken, no additional costs would be expected. If the option of 
surrendering the mobulid ray to the responsible government authority is 
taken, there could be moderate costs in terms of crew labor that may be 
necessary to contact the authority and surrender the animal. Under 
either option, the cost is would be offset by the reduced risk of 
monetary fines.
    Fulfillment of these requirements is not expected to require any 
professional skills that the affected vessel owners and operators do 
not already possess.

Disproportionate Impacts

    Small entities would not be disproportionately affected relative to 
large entities. Nor would there be disproportionate economic impacts 
based on home port. As indicted above, there could be disproportionate 
impacts according to vessel size for the IMO number requirement.

Duplicating, Overlapping, and Conflicting Federal Regulations

    NMFS has not identified any Federal regulations that conflict with 
or duplicate these regulations. NMFS has identified several Federal 
regulations that overlap with the final rule. These include: the non-
entangling FAD requirements, which overlap with existing EPO 
regulations at 50 CFR 300.28(e); the IMO number requirements, which 
overlap with existing EPO regulations at 50 CFR 300.22(b)(3)(iii); the 
purse seine shark retention requirements, which overlap with existing 
EPO regulations at 50 CFR 300.27(f); and the mobulid ray requirements, 
which overlap with existing EPO regulations at 50 CFR 300.27(i). The 
regulations for the EPO apply when vessels fish in the EPO, including 
the area of overlapping jurisdiction between the IATTC and the WCPFC 
(overlap area). Aside from the IMO number requirements, the regulations 
under this final rule apply in the WCPO, excluding the overlap area. 
The revised IMO number requirements in this rule also apply in the 
overlap area.

Alternatives to the Final Rule

    NMFS has not been able to identify any alternatives that would 
minimize any significant economic impact of the final rule on small 
entities. NMFS rejected the alternative of taking no action at all 
because it would be inconsistent with the United States'

[[Page 30678]]

obligations under the Convention. As a Contracting Party to the 
Convention, the United States is required to implement the decisions of 
the Commission. Consequently, NMFS has limited discretion as to how to 
implement those decisions.

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 
copies of the appropriate guide to holders of permits in the relevant 
fisheries. The guide and this final rule also will be available via the 
Federal e-rulemaking Portal, at www.regulations.gov (search for ID 
NOAA-NMFS-2021-0068) and by request from NMFS PIRO (see ADDRESSES).

Paperwork Reduction Act

    This final rule contains one collection-of-information requirement 
that has been submitted to the Office of Management and Budget (OMB) 
for approval under the Paperwork Reduction Act (PRA), temporary Control 
Number 0648-0798. NMFS will merge the collection-of-information 
requirement implemented by this final rule with the existing, approved 
information collection under OMB Control Number 0648-0595, ``Western 
and Central Pacific Fisheries Convention Vessel Information Family of 
Forms''. This final rule requires the owners of certain fishing vessels 
to ensure that IMO numbers are issued for vessels. This would be a one-
time requirement; no renewals or updates would be required during the 
life of a vessel. Public reporting burden for a vessel to acquire an 
IMO number is estimated to average approximately 30 minutes per 
response. These estimates include the time necessary for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the necessary data, and compiling, reviewing, and 
submitting the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number. All currently approved 
collections of information may be viewed at https://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 300

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

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

    Dated: May 5, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
300 as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

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

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

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


0
2. In Sec.  300.217, revise paragraph (c)(2) to read as follows:


Sec.  300.217  Vessel identification.

* * * * *
    (c) * * *
    (2) The owner of a fishing vessel of the United States used for 
commercial fishing for HMS in the Convention Area, either on the high 
seas or in waters under the jurisdiction of any nation other than the 
United States, shall request and obtain an IMO number for the vessel if 
the gross tonnage of the vessel, as indicated on the vessel's current 
Certificate of Documentation issued under 46 CFR part 67, is at least 
100 GRT or 100 GT ITC, or less than 100 GRT down to a size of 12 meters 
in overall length. An IMO number may be requested for a vessel by 
following the instructions given by the administrator of the IMO ship 
identification number scheme; those instructions are currently 
available on the website of IHS Markit at: 
www.imonumbers.lrfairplay.com.
* * * * *

0
3. In Sec.  300.222, add paragraphs (bbb) through (eee) to read as 
follows:


Sec.  300.222  Prohibitions.

* * * * *
    (bbb) Fail to comply with the FAD design requirements in Sec.  
300.223(b)(4).
    (ccc) Fail to comply with the requirements of any exemption under 
Sec.  300.226(e).
    (ddd) Fail to comply with any of the restrictions, prohibitions or 
requirements specified in Sec.  300.229.
    (eee) Fail to comply with the handling and release requirements in 
Sec.  300.230.

0
4. In Sec.  300.223, add paragraph (b)(4) to read as follows:


Sec.  300.223  Purse seine fishing restrictions.

* * * * *
    (b) * * *
    (4) FAD design requirements to reduce entanglements. Owners and 
operators of fishing vessels of the United States equipped with purse 
seine gear shall ensure that all FADs to be deployed (i.e., are to be 
placed in the water) from the vessel in the Convention Area comply with 
the following design requirements:
    (i) Raft. If the FAD design includes a raft (e.g., flat raft or 
rolls of material) and if mesh netting is used as part of the structure 
of the raft, the mesh netting shall have a stretched mesh size less 
than 7 centimeters and the mesh net must be tightly wrapped such that 
no netting hangs below the raft when deployed; and
    (ii) Subsurface. Any netting used in the subsurface structure of 
the FAD must be tightly tied into bundles (``sausages''), or if not 
tightly tied into bundles, then must be made of stretched mesh size 
less than 7 centimeters and be configured as a panel that is weighted 
on the lower end with enough weight to keep the netting vertically taut 
in the water column.
* * * * *

0
5. In Sec.  300.226, revise paragraphs (a) and (b) and add paragraph 
(e) to read follows:


Sec.  300.226  Oceanic whitetip shark and silky shark.

* * * * *
    (a) The crew, operator, and owner and operator of a fishing vessel 
of the United States used for commercial fishing for HMS cannot retain 
on board, transship, store, or land any part or whole carcass of an 
oceanic whitetip shark (Carcharhinus longimanus) or silky shark 
(Carcharhinus falciformis) that is caught in the Convention Area unless 
subject to the provisions of paragraph (c) or (e) of this section.
    (b) The crew, operator, and owner and operator of a fishing vessel 
of the United States used for commercial fishing for HMS must release 
any oceanic whitetip shark or silky shark that is caught in the 
Convention Area as soon as possible after the shark is caught and 
brought alongside the vessel, and take

[[Page 30679]]

reasonable steps for its safe release, without compromising the safety 
of any persons, unless subject to the provisions of paragraph (c) or 
(e) of this section.
* * * * *
    (e) Paragraphs (a) and (b) of this section do not apply in the 
event that any oceanic whitetip shark or silky shark is not seen by the 
crew, operator, or owner of a purse seine vessel, or any WCPFC observer 
on board that vessel, prior to being delivered into the vessel hold and 
frozen. In such a case, oceanic whitetip shark or silky shark could be 
stored and landed, but the vessel owner or operator must notify the on-
board observer and surrender the whole shark to the responsible 
government authorities or discard the shark at the first point of 
landing or transshipment. In U.S. ports, the responsible government 
authority is the NOAA Office of Law Enforcement. Any oceanic whitetip 
shark or silky shark surrendered in this manner may not be sold or 
bartered, but may be donated for human consumption, consistent with any 
applicable laws and policies.

0
6. Add Sec.  300.229 to read as follows:


Sec.  300.229  Mobulid ray restrictions.

    The requirements of this section apply in all exclusive economic 
zones and all areas of high seas in the Convention Area, excluding the 
Overlap Area. For the purpose of this section, mobulid ray is defined 
as any ray in the family Mobulidae, which includes manta rays and devil 
rays (Mobula spp.).
    (a) The owner and operator of a fishing vessel of the United States 
used for commercial fishing for HMS cannot set or attempt to set on or 
around a mobulid ray if the animal is sighted at any time prior to the 
commencement of the set or the attempted set.
    (b) The owner and operator of a fishing vessel of the United States 
used for commercial fishing for HMS cannot retain on board, transship, 
store, or land any part or whole carcass of a mobulid ray, unless 
subject to the provisions of paragraphs (d), (e) and (f) of this 
section.
    (c) The owner and operator of a fishing vessel of the United States 
used for commercial fishing for HMS must release any mobulid ray, as 
soon as possible, and must ensure that all reasonable steps are taken 
to ensure its safe release, without compromising the safety of any 
persons, unless subject to the provisions of paragraphs (d), (e) and 
(f) of this section.
    (d) Paragraphs (b) and (c) of this section do not apply in the 
event that a WCPFC observer collects, or requests the assistance of the 
vessel crew, operator, or owner in the collection of, samples of a 
mobulid ray in the Convention Area.
    (e) The crew, operator, and owner of a vessel must allow and assist 
a WCPFC observer to collect samples of a mobulid ray in the Convention 
Area, if requested to do so by a WCPFC observer.
    (f) Paragraphs (b) and (c) of this section do not apply in the 
event that a mobulid ray is not seen by the crew, operator, or owner of 
a purse seine vessel, or any WCPFC observer on board that vessel, prior 
to being delivered into the vessel hold and frozen. In such a case, a 
mobulid ray could be stored and landed, but the vessel owner or 
operator must notify the on-board observer and surrender the whole ray 
to the responsible government authorities or discard the animal at the 
first point of landing or transshipment. In U.S. ports, the responsible 
government authority is the NOAA Office of Law Enforcement. Any mobulid 
ray surrendered in this manner may not be sold or bartered, but may be 
donated for human consumption, consistent with any applicable laws and 
policies.

0
7. Add Sec.  300.230 to read as follows:


Sec.  300.230  Shark handling and release.

    (a) The requirements of paragraph (b) of this section apply to all 
fishing vessels of the United States used for commercial fishing for 
HMS. The requirements apply in all exclusive economic zones and all 
areas of high seas in the Convention Area, excluding the Overlap Area. 
The requirements apply only if there is a WCPFC observer or camera 
monitoring device on board the fishing vessel.
    (b) Prior to releasing any shark that is caught during fishing 
operations and not brought on board the fishing vessel, the owner and 
operator, without compromising the safety of any persons, shall ensure 
that the shark is brought alongside the vessel for identification 
purposes.

[FR Doc. 2023-09966 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-22-P