International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Changes to Purse Seine Fish Aggregating Device Closure Periods, 46352-46357 [2024-11732]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Proposed Rules]
[Pages 46352-46357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11732]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240522-0142]
RIN 0648-BM86


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Changes to Purse Seine Fish Aggregating 
Device Closure Periods

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS seeks comments on this proposed rule issued under 
authority of the Western and Central Pacific Fisheries Convention 
Implementation Act (WCPFC Implementation Act). The proposed rule would 
implement a recent decision of the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (WCPFC or Commission). This decision shortens the 
duration of fish aggregating device (FAD) closure periods for the U.S. 
purse seine fishery. This action is necessary to satisfy the 
obligations of the United States under the Convention on the 
Conservation and Management of Highly Migratory Species in the Western 
and Central Pacific Ocean (Convention), to which it is a formal 
signatory to the Convention (Contracting Party).

DATES: Comments on the proposed rule must be submitted in writing by 
June 13, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0057. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0057, by 
any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA-NMFS-2024-0057 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Sarah Malloy, Acting 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    An initial regulatory flexibility analysis (IRFA) prepared under 
authority of the Regulatory Flexibility Act (RFA) is included in the 
Classification section of the SUPPLEMENTARY INFORMATION section of this 
document.
    Copies of the Regulatory Impact Review (RIR) and the documents 
prepared for National Environmental Policy Act (NEPA) purposes are 
available at https://www.regulations.gov or may be obtained from Sarah 
Malloy, Acting Regional Administrator, NMFS PIRO (see address above).

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

SUPPLEMENTARY INFORMATION:

Background on the Convention

    The Convention is focused on the conservation and management of

[[Page 46353]]

fisheries for highly migratory species (HMS). The objective of the 
Convention is to ensure, through effective management, the long-term 
conservation and sustainable use of HMS in the Western and Central 
Pacific Ocean (WCPO). To accomplish this objective, the Convention 
established the Commission, which includes Members, Cooperating Non-
members, and Participating Territories (collectively referred to here 
as members). The United States of America is a Member. American Samoa, 
Guam, and the Commonwealth of the Northern Mariana Islands (CNMI) are 
Participating Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States implements, as appropriate, conservation 
and management measures and other decisions adopted by the Commission. 
The WCPFC Implementation Act (16 U.S.C. 6901 et seq.), authorizes the 
Secretary of Commerce, in consultation with the Secretary of State and 
the Secretary of the Department in which the United States Coast Guard 
is operating (currently the Department of Homeland Security), to 
promulgate such regulations as may be necessary to carry out the 
obligations of the United States under the Convention, including the 
decisions of the Commission. The WCPFC Implementation Act further 
provides that the Secretary of Commerce shall ensure consistency, to 
the extent practicable, of fishery management programs administered 
under the WCPFC Implementation Act and the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA; 16 U.S.C. 1801 et seq.), as well 
as other specific laws (see 16 U.S.C. 6905(b)). The Secretary of 
Commerce has delegated the authority to promulgate regulations under 
the WCPFC Implementation Act to NMFS. A map showing the boundaries of 
the area of application of the Convention (Convention Area), which 
comprises the majority of the WCPO, can be found on the WCPFC website 
at: www.wcpfc.int/doc/convention-area-map.

Background on the WCPFC Decision

    This proposed rule would implement specific provisions of 
Conservation and Management Measure (CMM) 2023-01, ``Conservation and 
Management Measure for Bigeye, Yellowfin, and Skipjack Tuna in the 
Western and Central Pacific Ocean.'' The Commission adopted CMM 2023-01 
at its twentieth regular annual session, in December 2023, and it went 
into effect in February 2024. The provisions of CMM 2023-01 are 
described in more detail below.
    CMM 2023-01 is the latest in a series of CMMs devoted to the 
conservation and management of tropical tuna stocks, particularly 
stocks of bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus 
albacares), and skipjack tuna (Katsuwonus pelamis). The stated purpose 
of CMM 2023-01 is to support fisheries for skipjack tuna, bigeye tuna, 
and yellowfin tuna in the Convention Area that benefit WCPFC members 
and their communities, and to do so in a way that is fair to all WCPFC 
members and addresses the special requirements of developing States and 
Participating Territories. CMM 2023-01's provisions are based on 
specific objectives for each of the three tropical tuna stocks.
    Many of the provisions of CMM 2023-01 have already been implemented 
by NMFS or will be implemented in separate rulemakings. This proposed 
rule would implement the provisions regarding FAD prohibition periods 
for U.S. purse seine vessels.
    Under NMFS' current regulations at 50 CFR 300.223(b)(2), the FAD 
prohibition periods are from July 1 through September 30, during each 
calendar year for the high seas and exclusive economic zones (EEZs) in 
the Convention Area, and from November 1 through December 31 during 
each calendar year solely on the high seas in the Convention Area. 
Thus, U.S. purse seine vessels are currently prohibited from setting on 
FADs for three months in EEZs and on the high seas in the Convention 
Area, and for an additional two months on the high seas in the 
Convention Area. Per 50 CFR 300.223, these FAD prohibition periods do 
not apply in the area of overlap between the WCPFC and the Inter-
American Tropical Tuna Commission (IATTC).
    Paragraph 13 of CMM 2023-01 reduces the 3-month FAD prohibition 
period for the EEZs and on the high seas in the Convention Area to one 
and a half months, running from July 1 to August 15 during each 
calendar year. This proposed rule would amend the regulations at 50 CFR 
300.223(b)(2)(1) to revise the three-month FAD prohibition period for 
the EEZs and on the high seas to be July 1 through August 15 during 
each calendar year, consistent with CMM 2023-01.
    Paragraph 14 of CMM 2023-01 reduces the additional two-month high 
seas FAD prohibition period to one month--either April, May, November, 
or December. Previously, WCPFC members could choose between 
implementing the two-month additional FAD prohibition period on the 
high seas in April and May or in November and December. NMFS had 
previously determined that implementing the two-month additional FAD 
prohibition period in November and December would be more cost-
effective than implementing the prohibition period in April and May. 
Regulations at 50 CFR 300.223(b)(2)(2) implement the additional two-
month high seas FAD prohibition period in November and December. Based 
on the analysis in the IRFA and RIR for this proposed rule, NMFS 
concludes that continuing to implement the one month high seas FAD 
prohibition period late in the year would be more cost-effective for 
the fleet. NMFS proposes to implement the additional one-month high 
seas FAD prohibition period in December 2024 and in future calendar 
years. The American Tunaboat Association has also provided preliminary 
information indicating the U.S. purse seine fleet's preference for a 
December closure in 2024. NMFS specifically requests comments on this 
aspect of the proposed rule and will make adjustments in the final rule 
as warranted.
    CMM 2023-01 is in effect until February 15, 2027. However, as has 
been NMFS's practice, the elements of the proposed rule would remain in 
effect until they are replaced or amended, to avoid a lapse in the 
management of the fisheries.

Proposed Action

    The elements of the proposed rule are detailed below.
    In accordance with CMM 2023-01, NMFS proposes to shorten the 
duration of the FAD prohibition period from July 1 through August 15 
during each calendar year in the Convention Area between the latitudes 
of 20[deg] N and 20[deg] S (inclusive of the EEZs and high seas in the 
Convention Area and excluding the area of overlap between the WCPFC and 
the IATTC). Regarding the additional one-month FAD prohibition period 
on the high seas in the Convention Area, after considering the 
objectives of CMM 2023-01, the expected economic impacts on U.S. 
fishing operations and the nation as a whole, and expected 
environmental and other effects, NMFS expects that a high seas FAD 
prohibition period in December of each calendar year may be the most 
cost effective. Thus, NMFS is proposing to implement the high seas FAD 
prohibition period in December in 2024 and during each calendar year 
thereafter. NMFS specifically seeks public comment on this aspect of 
the proposed rule. A comparison of the options' expected direct 
economic impacts on affected fishing businesses is

[[Page 46354]]

provided in the RIR. The RIR also includes discussion of potential 
impacts to the cannery in Pago Pago, American Samoa.
    To the extent that the FAD closures under the proposed rule cause 
more fishing effort and/or catches, the delivery of more tuna from the 
U.S. purse seine fleet, and consequent reduced adverse economic impacts 
to the producers (fishing businesses), they could also bring reduced 
adverse impacts to business sectors with forward linkages to the 
producers, such as the cannery in Pago Pago that processes much of 
their catches.
    NMFS also analyzed the environmental effects of the proposed action 
on living marine resources in the affected environment. NMFS published 
a supplemental environmental assessment (SEA) in 2021 that analyzed the 
the potential impacts of implementation of WCPFC tropical tunas 
measures through 2025. In the SEA, NMFS analyzed the impacts of the FAD 
prohibition periods of various lengths that were either shorter or 
longer in duration than the FAD prohibition periods under this proposed 
rule. The SEA considered that FAD prohibition periods might influence 
the overall composition of catch of the fishery, both in terms of 
species and fish sizes. If there is a transfer of effort to fishing on 
unassociated sets during the prohibition periods, catches would more 
likely consist of less bigeye tuna, and possibly more larger-sized 
yellowfin tuna and skipjack tuna. It is possible that shorter FAD 
prohibition periods could result in reduced mortality for some stocks. 
However, to the extent there is a shift in fishing patterns and 
practices, any effects on stocks are expected to be small compared to 
typical year-to-year interactions driven by changing oceanic and 
economic conditions. Indeed, many other factors affect these stocks, 
and it is unlikely that changes to the duration of FAD fishing alone 
would significantly impact their statuses. The WCPO stocks of the tuna 
species mostly likely to be caught while fishing on FADs--yellowfin 
tuna, bigeye tuna, and skipjack tuna--are all determined to be not 
overfished and not subject to overfishing. The SEA also considered 
impacts of FAD fishing on non-target species and protected resources 
and likewise determined that any reduction in interactions resulting 
from longer FAD prohibition periods would likely be small compared to 
typical year-to-year variations in such interactions. Based on the 
analyses in the SEA, NMFS concluded that the FAD prohibition periods 
would not significantly impact living marine resources in the affected 
environment.
    As currently defined in 50 CFR 300.211, a FAD is ``any artificial 
or natural floating object, whether anchored or not and whether 
situated at the water surface or not, that is capable of aggregating 
fish, as well as any object used for that purpose that is situated on 
board a vessel or otherwise out of the water. The definition of FAD 
does not include a vessel.'' Under this proposed rule, the regulatory 
definition of a FAD would not change. Although the definition of a FAD 
does not include a vessel, the restrictions during the FAD prohibition 
periods would include certain activities related to fish that have 
aggregated in association with a vessel, or drawn by a vessel, as 
described below.
    The prohibitions applicable to these proposed FAD-related measures 
are in existing regulations at 50 CFR 300.223(b)(1)(i)-(v). 
Specifically, during the FAD prohibition periods in each calendar year, 
owners, operators, and crew of fishing vessels of the United States 
equipped with purse seine gear shall not do any of the following 
activities in the Convention Area (excluding the area of overlap 
between the WCPFC and IATTC) between 20[deg] N latitude and 20[deg] S 
latitude:
    (1) Set a purse seine around a FAD or within 1 nautical mile (1,852 
meters) of a FAD;
    (2) Set a purse seine in a manner intended to capture fish that 
have aggregated in association with a FAD or a vessel, such as by 
setting the purse seine in an area from which a FAD or a vessel has 
been moved or removed within the previous 8 hours, setting the purse 
seine in an area in which a FAD has been inspected or handled within 
the previous 8 hours, or setting the purse seine in an area into which 
fish were drawn by a vessel from the vicinity of a FAD or a vessel;
    (3) Deploy a FAD into the water;
    (4) Repair, clean, maintain, or otherwise service a FAD, including 
any electronic equipment used in association with a FAD, in the water 
or on a vessel while at sea, except that: a FAD may be inspected and 
handled as needed to identify the FAD, identify and release 
incidentally captured animals, un-foul fishing gear, or prevent damage 
to property or risk to human safety; and a FAD may be removed from the 
water and if removed may be cleaned, provided that it is not returned 
to the water; or
    (5) From a purse seine vessel or any associated skiffs, other 
watercraft or equipment, submerge lights under water, suspend or hang 
lights over the side of the purse seine vessel, skiff, watercraft or 
equipment, or direct or use lights in a manner other than as needed to 
illuminate the deck of the purse seine vessel or associated skiffs, 
watercraft or equipment, to comply with navigational requirements, and 
to ensure the health and safety of the crew.
    These prohibitions would not apply during emergencies as needed to 
prevent human injury or the loss of human life, the loss of the purse 
seine vessel, skiffs, watercraft or aircraft, or environmental damage.
    The proposed rule also would make a technical correction regarding 
the area of application in 50 CFR 300.223(b)(3)(i) to explicitly state 
that the requirements regarding activating FADs apply in the Convention 
Area. The current regulatory text does not include the specific area of 
application.

Classification

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

Administrative Procedure Act (APA)

    NMFS finds that a 15-day comment period for this action provides a 
reasonable opportunity for public participation in this action pursuant 
to APA section 553(c) (5 U.S.C. 553(c)), while also ensuring that the 
first revised FAD prohibition period is finalized before the end date 
of August 15, 2024. The Commission adopted CMM 2023-01 in December 
2023, and NMFS has been diligently working on completing the rulemaking 
since that time. Rulemakings of this nature generally take 
approximately one-year to complete in order to satisfying the 
requirements of APA and other U.S. laws, and thus, in order to complete 
the rulemaking by August 15, 2024, NMFS is proceeding in an accelerated 
manner. Stakeholder and industry groups have been involved with the 
development of this action. Providing for more than 15 days advance 
notice and public comment on the proposed rule increases the risk that 
the existing regulations extending the FAD prohibition period through 
September 30th would remain in place causing unnecessary burden on the 
regulated community. Thus, in order to provide the public with the 
opportunity to comment on this proposed rule while ensuring that the 
agency has sufficient time to consider any public comments and publish 
a final rule that is effective by August 15, 2024, NMFS is providing 
the public

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with a 15-day comment period on this proposed rule.

Coastal Zone Management Act (CZMA)

    NMFS determined that this action is consistent to the maximum 
extent practicable with the enforceable policies of the approved 
coastal management program of American Samoa, the CNMI, Guam, and the 
State of Hawaii. Determinations to Hawaii and each of the Territories 
were submitted on March 8, 2024, for review by the responsible state 
and territorial agencies under section 307 of the CZMA. The Hawaii 
Coastal Zone Management Program responded on March 12, 2024, stating 
that because the U.S. WCPO purse seine fishery operates outside the 
jurisdiction of its enforceable policies, it would not be reviewing the 
consistency determination. Guam requested supplemental information that 
NMFS provided on March 28, 2024.

Executive Order 12866

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

Regulatory Flexibility Act (RFA)

    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the RFA. The IRFA describes the economic 
impact this proposed rule, if adopted, would have on small entities. 
The IRFA includes analysis of two no-action alternatives in comparison 
to the proposed action. The first no-action alternative is no FAD 
closure periods in place at all. The second no-action alternative is 
maintaining the status quo, as included in the current regulations at 
50 CFR 300.223(b)(2), which is the three-month FAD closures in the full 
Convention Area and the separate two-month FAD closure just on the high 
seas in the Convention Area.
    A detailed description of the proposed rule, why it is being 
considered as well as its objectives, and the legal basis for the 
proposed rule are contained in the SUMMARY section of the preamble and 
in other sections of this SUPPLEMENTARY INFORMATION section of the 
preamble. The analysis follows:
Estimated Number of Small Entities Affected
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 114111) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    The proposed rule would apply to owners and operators of U.S. 
commercial purse seine fishing vessels used to fish for HMS in the 
Convention Area. Based on the number of U.S. purse seine vessels with 
WCPFC Area Endorsements, which are required to fish on the high seas in 
the Convention Area, the estimated numbers of affected purse seine 
fishing vessels is 13.
    Based on limited financial information about the affected fishing 
fleets, and using individual vessels as proxies for individual 
businesses, NMFS believes 80 percent of the vessels in the purse seine 
fleet are small entities as defined by the RFA (i.e., 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 average revenue, by vessel, 
for 2020-2022 reveals that average annual revenue among vessels in the 
fleet was about $7 million (NMFS unpublished data combined with price 
data from the Pacific Island Forum Fisheries Agency and https://investor.thaiunion.com/raw_material.html accessed on June 12, 2023), 
and 12 participating vessels qualified as small entities, with 
estimated vessel revenue of less than $11 million (based on the average 
revenue across the most recent 3 years for which data is available).
Recordkeeping, Reporting, and Other Compliance Requirements
    The reporting, recordkeeping and other compliance requirements of 
this proposed rule are described earlier in the Proposed Action sub-
section of the SUPPLEMENTARY INFORMATION section of the preamble. The 
classes of small entities subject to the requirements and the types of 
professional skills necessary to fulfill the requirements are described 
below.
    The FAD restrictions being implemented under the proposed rule 
would not establish any new reporting or recordkeeping requirements. 
The new requirement would be for affected vessel owners and operators 
to comply with the FAD restrictions described earlier in the 
SUPPLEMENTARY INFORMATION section of the preamble, including FAD 
prohibition periods throughout the Convention Area from July 1 through 
August 15 in each calendar and FAD prohibition periods just on the high 
seas in the Convention Area from December 1 through December 31 in each 
calendar year. The proposed rule would reduce the current FAD 
prohibitions periods by 50 percent in terms of duration.
    Fulfillment of the element's requirements is not expected to 
require any professional skills that the vessel owners and operators do 
not already possess. The costs of complying with the requirements are 
described below to the extent possible.
    The proposed FAD restrictions would substantially constrain the 
manner in which purse seine fishing could be conducted in the specified 
areas and periods in the Convention Area compared to the no-action 
alternative of no closure periods in place at all; in those areas and 
during those periods, vessels would be able to set only on free, or 
``unassociated,'' schools.
    With respect to the one and a half month FAD closure throughout the 
Convention Area, assuming that sets would be evenly distributed through 
the year, the number of annual FAD sets would be expected to be about 
87.5 percent of the number that would occur without a seasonal FAD 
closure, and 12.5 percent more than during the existing three-month FAD 
closure. This is calculated by assuming FAD setting would occur at the 
same rate throughout the year and that a one and half month closure 
would lead to FAD setting for 10.5 out of 12 months of the year instead 
of for the full 12 months (i.e., 87.5 percent of the year). The 
existing 3-month closure currently leads to FAD setting for 9 out of 12 
months of the year instead of the full 12 months (i.e., 75 percent of 
the year).
    With respect to the additional one-month high seas FAD closure, the 
effects of this element are difficult to predict. CMM 2023-01 includes 
four options for the one-month high seas FAD closure: April, May, 
November, or December. In 2018, NMFS analyzed the impacts of the two 
previous options included in earlier CMMs, which were the 2-month high 
seas FAD closure in April and May and the 2-month high seas FAD closure 
in November and December, using data from 2014-2017, and did not find 
any statistically significant differences between the average number of 
sets in high seas areas, or the number of FAD associated sets in the 
high seas across months. The earlier CMMs only included those two 
options for two-month high seas FAD closures and did not include the 
four options for one-month high seas FAD closures included in CMM 2023-
01. However, NMFS did observe trends in the number of high seas and the 
number of FAD sets in the high seas areas that supported selection of 
the November-December FAD prohibition period. In

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particular, the number of FAD sets in the high seas areas were low 
during November and December due to fishing effort limits met prior to 
the end of the season. If the effort limit was reached prior to 
November, then the later prohibition period would have a lesser adverse 
direct economic impact on the U.S. purse seine fleet. The analysis also 
noted that unpredictable future conditions such as ex-vessel price and 
environmental conditions--could result in either closure period having 
a greater adverse direct economic impact on the fleet. In 2018-2023, 
NMFS chose to implement the 2-month high seas FAD closure in November-
December, and in 2018, the high seas was closed from September 19-
December 31, and in 2019, the U.S. EEZ and the high seas were closed 
from October 9-November 28 and from December 9-31. Thus, in 2018 and 
for most of 2019, the 2-month high seas FAD closure had little to no 
additional impacts due to the closures from the fishing effort limits 
already being reached. Similarly, for 2024-2026, if the high seas are 
closed to all purse seine fishing towards the end of the year as a 
result of the fishing effort limit being reached, the high seas FAD 
closure during either November or December would have no additional 
effect whatsoever. In that situation, given that any closure would 
likely occur later in the year, implementing the one-month closure in 
December would be likely to have less effect than implementing the one-
month closure in November. However, if the high seas are not closed to 
fishing during the closure period, given the performance of the fleet 
in recent years, the prohibition on FAD setting would make the high 
seas less favorable for fishing than they otherwise would be, since 
only unassociated sets would be allowed there, but it is not possible 
to characterize how influential that factor would be. Thus, it is not 
possible to predict the effects in terms of the spatial distribution of 
fishing effort or the proportion of fishing effort that is made on 
FADs.
    With respect to both the one and a half month FAD closure and one-
month additional high seas FAD closure compared to the no-action 
alternative of no FAD closures in place at all, as for the limits on 
fishing effort, vessel operators might choose to schedule their routine 
maintenance periods so as to take best advantage of the available 
opportunities for making FAD sets (e.g., during the FAD closures). 
However, the limited number of vessel maintenance facilities in the 
region might constrain vessel operators' ability to do this.
    Vessels in the U.S. WCPO purse seine fleet make both unassociated 
sets and FAD sets when not constrained by regulation, so one type of 
set is not always more valuable or efficient than the other. Which set 
type is optimal at any given time is a function of immediate conditions 
in and on the water. Other factors, such as fuel prices (unassociated 
sets involve more searching time and thus tend to bring higher fuel 
costs than FAD sets) and market conditions (e.g., FAD fishing, which 
tends to result in greater catches of lower-value skipjack tuna and 
smaller yellowfin tuna and bigeye tuna than unassociated sets, might be 
more attractive and profitable when canneries are not rejecting small 
fish) also contribute to whichever set type is optimal at a given time. 
Clearly, the ability to do either type of set is valuable, and 
constraints on the use of either type can be expected to bring adverse 
economic impacts to fishing operations. Thus, the greater the 
constraints on the ability to make FAD sets, the greater the expected 
economic impacts of the action. Because the factors affecting the 
relative value of FAD sets and unassociated sets are many, and because 
the relationships among them are not well known, it is not possible to 
quantify the expected economic impacts of the FAD restrictions. 
However, it appears reasonable to conclude two points. First, the FAD 
restrictions would adversely impact producer surplus relative to the 
no-action alternative of no FAD prohibiton periods in place. The fact 
that the fleet has made such a substantial portion of its sets on FADs 
in the past indicates that prohibiting the use of FADs in the specified 
areas and periods could bring substantial costs and/or revenue losses. 
Second, vessel operators might be able to mitigate the impacts of the 
FAD restrictions by scheduling their routine vessel and equipment 
maintenance during the FAD closures, but this opportunity might be 
constrained by the limited vessel maintenance facilities in the region.
    Compared to the second no-action alternative or status quo 
alternative of FAD prohibition periods that would be twice as long as 
the FAD prohibition periods that would be implemented under the 
proposed rule, any adverse effects would be proportionally reduced. 
Thus the adverse effects in terms of costs and revenue losses would be 
less under the proposed rule than under the status quo no-action 
alternative.
Disproportionate Impacts
    In the purse seine fishing sector, approximately 80 percent of the 
affected entities are small entities, so disproportionate impacts would 
not be expected. The direct effect of the proposed rule would be to 
constrain fishing effort, as compared to the no-action alternative of 
no closure periods in place at all, by purse seine fishing vessels, 
with consequent constraining effects on both revenues (because catches 
would be less) and operating costs (because less fishing would be 
undertaken). Although some purse seine fishing entities are larger than 
others, NMFS is not aware of any differences between the small entities 
and the large entities (as defined by the RFA) in terms of their 
capital costs, operating costs, or other aspects of their businesses. 
Accordingly, there is no information to suggest that the direct adverse 
economic impacts on small purse seine entities would be 
disproportionately greater than those on large purse seine entities. 
However, the direct effect of the proposed rule would be to reduce 
constraints on fishing effort, as compare to the status quo no-action 
alternative, by purse seine fishing vessels.
Duplicating, Overlapping, and Conflicting Federal Regulations
    NMFS has not identified any Federal regulations that duplicate, 
overlap with, or conflict with the proposed regulations.
Alternatives to the Proposed Rule
    NMFS has sought to identify alternatives that would minimize the 
proposed rule's economic impacts on small entities (i.e., significant 
alternatives). Taking the no-action alternative of no FAD prohibition 
periods could result in lesser adverse economic impacts than the 
proposed action for affected entities, but NMFS does not prefer this 
no-action alternative, because it would be inconsistent with the United 
States' obligations under the Convention. Taking the no-action 
alternative of retaining the status quo FAD prohibition periods that 
are twice as long in duration could result in greater adverse economic 
impacts than the proposed action for affected entities. This 
alternative would also be inconsistent with the United States' 
obligations under the Convention. Alternatives identified for the 
proposed rule are discussed below.
    NMFS considered in detail the timing of the additional one-month 
FAD closure for the high seas. CMM 2023-01 allows members to choose 
either April,

[[Page 46357]]

May, November, or December, as the additional month for the high seas 
FAD closure. NMFS has compared the expected direct economic impacts of 
these four options (implementing a high seas FAD closure in April, May, 
November, or December) on purse seine fishing businesses in the RIR for 
the proposed rule, by analyzing two discrete alternatives. Due to the 
similarities between implementing the high seas FAD closure in April or 
May (a spring closure) or in November or December (a winter closure), 
the RIR analyzed the impacts of implementing the closure in April or 
May as compared to November or December. The analysis finds a closure 
later in the year--a December closure--is more likely to have a lesser 
direct economic impact on those businesses for the following reasons: 
because the later closure period is more likely to run concurrently 
with a closure of the high seas in the Convention Area to purse seine 
fishing (if the fishing effort limits are reached), in which case the 
FAD closure would bring no additional economic impacts.

Paperwork Reduction Act

    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 300

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

    Dated: May 23, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 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.  300.223, revise paragraphs (b)(2) and (b)(3)(i) to read as 
follows:


Sec.  300.223  Purse seine fishing restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (2) The requirements of paragraph (b)(1) of this section shall 
apply:
    (i) From July 1 through August 15, in each calendar year;
    (ii) In any area of high seas, from December 1 through December 31, 
in each calendar year.
    (3) Activating FADs for purse seine vessels. (i) A vessel owner, 
operator, or crew of a fishing vessel of the United States equipped 
with purse seine gear shall turn on the tracking equipment of an active 
FAD while the FAD is onboard the vessel and before it is deployed in 
the water in the Convention Area.
* * * * *

[FR Doc. 2024-11732 Filed 5-28-24; 8:45 am]
BILLING CODE 3510-22-P