International Fisheries; Pacific Tuna Fisheries; Safe Handling and Release Practices for Sharks on Longline Vessels and Revision to Vessel Monitoring System Requirements in the Eastern Pacific Ocean, 54724-54726 [2024-14495]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Rules and Regulations]
[Pages 54724-54726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14495]



[[Page 54724]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240624-0174]
RIN 0648-BM67


International Fisheries; Pacific Tuna Fisheries; Safe Handling 
and Release Practices for Sharks on Longline Vessels and Revision to 
Vessel Monitoring System Requirements in the Eastern Pacific Ocean

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

ACTION: Final rule.

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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act 
(TCA) of 1950, as amended, to implement Resolutions C-23-07 
(Conservation Measures for the Protection and Sustainable Management of 
Sharks) and C-23-11 (On the Establishment of a Vessel Monitoring 
System) adopted by the Inter-American Tropical Tuna Commission (IATTC) 
at its meeting in August 2023 in Victoria, Canada. This final rule 
implements provisions of these Resolutions and requires U.S. longline 
vessels fishing for tuna or tuna-like species in the eastern Pacific 
Ocean (EPO) to release incidentally caught sharks by leaving them in 
the water and cutting the branchline so that less than 1 meter remains 
on each animal. The final rule also requires large vessels fishing for 
tuna or tuna-like species in the EPO to make manual reports every six 
hours in the event of a malfunctioning vessel monitoring system (VMS) 
unit. This action is necessary for the United States to satisfy its 
obligations as a member of the IATTC.

DATES: This rule is effective August 1, 2024.

ADDRESSES: Copies of supporting documents that were prepared for the 
proposed rule, including the Regulatory Impact Review, are available 
via the Federal e-Rulemaking Portal: https://www.regulations.gov, 
docket NOAA-NMFS-2024-0041.

FOR FURTHER INFORMATION CONTACT: Amanda Munro, NMFS, (619) 407-9284.

SUPPLEMENTARY INFORMATION:

Background on the IATTC

    On April 25, 2024, NMFS published a proposed rule in the Federal 
Register (89 FR 31708) to implement Resolutions C-23-07 (Conservation 
Measures for the Protection and Sustainable Management of Sharks) and 
C-23-11 (On the Establishment of a Vessel Monitoring System). These 
Resolutions were adopted at the 101st Meeting of the IATTC in August 
2023. The proposed rule contains additional background information, 
including information on the IATTC and its Convention Area, the 
international obligations of the United States as an IATTC member, and 
the need for regulations. The 30-day public comment period for the 
proposed rule closed on May 28, 2024.
    The final rule is implemented under the TCA (16 U.S.C. 951 et 
seq.). This final rule applies to U.S. longline vessels of any size and 
all U.S. vessels longer than 24 meters (78.74 feet) fishing for tuna or 
tuna-like species in the IATTC Convention Area. The IATTC Convention 
Area is defined as waters of the EPO within the area bounded by the 
west coast of the Americas and by 50[deg] N latitude, 150[deg] W 
longitude, and 50[deg] S latitude.

IATTC Resolutions on Sharks and VMS

    The IATTC held its 101st Meeting in August 2023 in Victoria, 
Canada. During this meeting, the IATTC adopted several resolutions, 
including the two implemented by this final rule--IATTC Resolutions C-
23-07 (Conservation Measures for the Protection and Sustainable 
Management of Sharks) and C-23-11 (On the Establishment of a Vessel 
Monitoring System).
    IATTC Resolution C-23-07 includes new requirements regarding safe 
handling and release procedures for sharks caught by longline vessels. 
Paragraph 11(f) of the Resolution includes the requirements to ``leave 
the shark in the water, where possible'' and ``use a line cutter to cut 
the branchline as close to the hook as possible, and so that less than 
1 meter remains on the animal, to the extent practicable.'' It also 
includes provisions applicable to all vessels prohibiting shark finning 
and requiring sharks be landed with fins naturally attached, which are 
already required in the United States by the Shark Conservation Act of 
2010.
    To ensure that vessel locations and identification numbers remain 
available to relevant authorities at a consistent interval even in the 
event of a technical failure, IATTC Resolution C-23-11 specifies a 
manual reporting requirement in the event of a malfunctioning VMS unit 
for vessels above 24 meters (78.74 feet) in length. The Resolution 
states in paragraph 4 that ``a fishing vessel with a defective 
satellite tracking device shall communicate to the . . . relevant 
competent authority at a minimum every 6 hours, reports containing 
[vessel identification number, location, date, time, speed, and course] 
by appropriate telecommunication means (e.g., radio, web-based 
reporting, electronic mail, telefax or telex).''

Final Regulations for Sharks

    This final rule amends part 300, subpart C of title 50 of the Code 
of Federal Regulations (CFR) to include shark handling and release 
requirements for longline vessels. Specifically, the rule requires U.S. 
longline vessel owners and operators to leave live, unretained sharks 
in the water and cut the branchline so that less than 1 meter of 
trailing gear remains on the animal. If this procedure is not possible 
without compromising the safety of any persons, the vessel owner or 
operator is required to cut the branchline as close to the hook as 
possible.
    To facilitate the trimming of the branchline to the appropriate 
length, longline vessel owners or operators must carry a line clipper 
meeting minimum design standards onboard the vessel and use it to cut 
the branchline. The standards for this line clipper are the same as 
those already required for Hawaii-based longline vessels (see 50 CFR 
665.812(a)(5)), which make up the majority of longline vessels fishing 
in the EPO. The standards for the line clipper include a protected 
cutting blade with an edge capable of cutting monofilament line or 
braided mainline that is securely fastened to an extended reach holder 
of at least 6 feet.
    Shark finning (i.e., the practice of removing any fin from the body 
of a shark at sea) is prohibited in the United States by the Shark 
Conservation Act of 2010, which was implemented by regulations at 50 
CFR part 600, subpart N. The statute and regulations also prohibit the 
possession, transfer, and landing of any shark fin that is not 
naturally attached (i.e., attached to the corresponding shark carcass 
through some portion of uncut skin). As part of this rulemaking, NMFS 
is including a cross-reference to these regulations in the regulations 
governing EPO tuna fisheries, which are found in 50 CFR part 300, 
subpart C. The cross-reference is intended to make clear the 
regulations in 50 CFR part 600, subpart N apply to vessel owners and 
operators fishing for tuna and tuna-like species in the IATTC 
Convention Area.

Final Regulations for VMS

    Any U.S. commercial fishing vessel that is 24 meters or more in 
overall length and engaging in fishing activities for tuna or tuna-like 
species in the

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IATTC Convention Area is already required to have a VMS unit installed, 
per regulations at 50 CFR 300.26(b). In the rare event of a technical 
failure of a VMS unit while the vessel is at sea, vessel operators are 
required to notify NOAA Office of Law Enforcement (OLE) and follow 
OLE's instructions (see 50 CFR 300.26(c)(4)(ii)).
    This final rule adds the requirement of manual reporting in the 
event of a malfunctioning VMS unit. Specifically, vessel owners and 
operators must provide manual reports to OLE with specific information 
every 6 hours by appropriate telecommunication means such as radio, 
email, or telephone. The manual reports must include: the vessel's 
identification, the vessel's geographical position (latitude and 
longitude) accurate to within 100 meters, the date and time of the 
fixing of the vessel's position, and the vessel's speed and course. 
These reports must continue until the VMS unit issue is resolved or the 
vessel is back in port.

Public Comments and Responses

    NMFS received four comments from individual members of the public 
during the 30-day comment period on the proposed rule, which closed on 
May 28, 2024. One comment was outside the scope of the proposed rule 
and is not addressed. Two comments expressed support for the 
regulations as proposed, and one comment expressed concerns. These 
comments are detailed below with responses from NMFS.
    Comment 1: One individual commenter expressed support for the safe 
handling and release procedures for sharks, noting the vulnerability of 
many shark species.
    Response: NMFS thanks the commenter for the support for safe 
handling and release practices for sharks on longline vessels as 
included in the Resolution and rule.
    Comment 2: One individual commenter expressed support for the safe 
handling and release procedures for sharks, applauding NMFS' efforts to 
promote consistency across fisheries. The commenter noted the 
importance of sharks to the ecosystem and emphasized the importance of 
best handling practices to improve survival of sharks interacting with 
fishing vessels. The commenter also suggested that NMFS encourage 
fishers to remove the hook from sharks rather than simply cut the 
branchline, as this may decrease the chances of infection and 
mortality.
    Response: NMFS thanks the commenter for the support for safe 
handling and release practices for sharks on longline vessels, and 
agrees that sharks are important for the health of the marine 
ecosystem. Post-release survival data are limited, but current 
scientific data from NOAA Pacific Islands Fisheries Science Center 
suggest that cutting the line to less than one meter can improve shark 
survivorship by as much as 40 percent over 360 days. Cutting the 
branchline is also a relatively simple procedure that does not require 
additional burdens for vessel owners and operators.
    Hook removal may also be helpful for shark survival, but few 
studies compare the difference in survival rates between cutting the 
line and removing the hook. Depending on the species and size of the 
shark, removing hooks can also be difficult to accomplish and may 
require bringing the shark on board, resulting in additional stress to 
the animal and risk to the crew. NMFS will continue to consider 
additional best handling practices for sharks as more research becomes 
available.
    Comment 3: The third individual commenter asked if extra safety 
precautions were considered when requiring fishers to cut the 
branchline close to the hook. This commenter also asked how these 
regulations would be implemented internationally.
    Response: NMFS recognizes that cutting the branchline closer to the 
mouth of a shark may pose a risk to crew members, which is why the 
regulation requires the use of a line clipper with an extended reach of 
at least 6 feet. The regulation also states that if it is not possible 
to cut the branchline to less than 1 meter without compromising the 
safety of any persons, the requirement is to cut the branchline as 
close to the hook as possible.
    Regarding international implementation, other members of the IATTC 
are required to implement IATTC resolutions in their own domestic 
regulations.

Changes From the Proposed Rule

    In the proposed rule, the manual VMS reports would have included 
``the vessel's geographical position (latitude and longitude) with an 
error of less than 100 meters at a confidence level of 98 percent.'' 
This language mirrored IATTC language from Resolution C-23-11. However, 
that language comes from the accuracy specifications for actual VMS 
positions, not for manual reports. In the event of a VMS unit failure, 
vessel owners/operators would be relying on other navigation equipment 
to determine the vessel's position, in which case this level of 
accuracy would likely be unavailable. Therefore, the language referring 
to error and confidence level has been removed. The new text now reads 
that vessel owners/operators must report ``the vessel's geographical 
position (latitude and longitude) accurate to within 100 meters.''

Classification

    The NMFS Assistant Administrator has determined that this rule is 
consistent with the Tuna Conventions Act and other applicable laws.

Executive Order 12866

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

Paperwork Reduction Act

    The VMS section of this rule contains a revision to a collection-
of-information requirement for purposes of the Paperwork Reduction Act 
of 1995 (PRA) and amendments to Office of Management and Business (OMB) 
Control Number 0648-0498 have been submitted to OMB for review and 
approval with regarded to the changes identified in this final rule. 
NMFS is amending the supporting statement for the West Coast Region 
Vessel Monitoring System and Pre-Trip Reporting System Requirements, 
OMB Control Number(s): 0648-0498, to include the manual reporting 
requirement in the event of a technical VMS unit failure. All VMS and 
pre-trip reporting requirements under that collection-of-information 
continue to apply.
    Send comments on these or any other aspects of the collection of 
information to the ADDRESSES above, and by email to 
[email protected], or fax to (202) 395-5806. Notwithstanding 
any other provision of the law, no person is required to respond to, 
and no person shall be subject to penalty for failure to comply with, a 
collection of information subject to the requirements of the PRA, 
unless that collection of information displays a currently valid OMB 
control number. All currently approved NOAA collections of information 
may be viewed at: https://www.reginfo.gov/public/do/PRAMain.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), 
The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule (89 FR 31708, April 25, 2024) and is not repeated here. 
No

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comments were received regarding this certification. As a result, a 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 300

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

    Dated: June 26, 2024.
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 C--Eastern Pacific Tuna Fisheries

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

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


0
2. In Sec.  300.24, revise paragraph (z) to read as follows:


Sec.  300.24   Prohibitions.

* * * * *
    (z) In the event of VMS unit failure or interruption: fail to 
repair or replace a VMS unit; fail to notify the Assistant Director, 
NOAA Office of Law Enforcement, Pacific Islands Division (or designee) 
and follow the instructions provided; fail to manually report as 
required in Sec.  300.26(c)(4)(ii); or otherwise fail to act as 
provided in Sec.  300.26(c)(4).
* * * * *

0
3. In Sec.  300.26, revise paragraph (c)(4)(ii) to read as follows:


Sec.  300.26   Vessel monitoring system (VMS).

* * * * *
    (c) * * *
    (4) * * *
    (ii) If the vessel is at sea: The vessel owner, operator, or 
designee must contact the Assistant Director (AD) of NOAA Office of Law 
Enforcement (OLE) by telephone, facsimile, or email at the earliest 
opportunity during the AD's business hours and identify the caller and 
vessel. The vessel operator must follow the instructions provided by 
the AD which could include, but may not be limited to, ceasing fishing, 
stowing fishing gear, and/or returning to port. The vessel operator 
must also manually report to OLE every 6 hours by appropriate 
telecommunication means reports containing: the vessel's 
identification, the vessel's geographical position (latitude and 
longitude) accurate to within 100 meters, the date and time (UTC) of 
the fixing of the vessel's position, and the vessel's speed and course. 
These reports must continue until the vessel returns to port or the VMS 
unit is once again functioning normally. The vessel operator must 
repair or replace the VMS unit and ensure it is operable before 
starting the next trip.
* * * * *

0
4. In Sec.  300.27, revise paragraph (k) and add paragraphs (m) and (n) 
to read as follows:


Sec.  300.27   Incidental catch and tuna retention requirements.

* * * * *
    (k) Shark handling and release requirements. (1) For purse seine 
vessels: the crew, operator, or owner of a U.S. commercial purse seine 
fishing vessel must promptly release unharmed, to the extent 
practicable, any shark (whether live or dead) caught in the IATTC 
Convention Area, as soon as it is seen in the net or on the deck, 
without compromising the safety of any persons. If a shark is live when 
caught, the crew, operator, or owner must follow these release 
procedures:
    (i) Sharks must be released out of the purse seine net by directly 
releasing the shark from the brailer into the ocean. Sharks that cannot 
be released without compromising the safety of persons or the sharks 
before being landed on deck must be returned to the water as soon as 
possible, either utilizing a ramp from the deck connecting to an 
opening on the side of the boat or through escape hatches. If ramps or 
escape hatches are not available, the sharks must be lowered with a 
sling or cargo net, using a crane or similar equipment, if available.
    (ii) No shark may be gaffed or hooked, lifted by the head, tail, 
gill slits or spiracles, or lifted by using bind wire against or 
inserted through the body, and no holes may be punched through the 
bodies of sharks (e.g., to pass a cable through for lifting the shark).
    (2) For longline vessels: the crew, operator, or owner of a U.S. 
commercial longline fishing vessel must promptly release unharmed, to 
the extent practicable, any shark (whether live or dead) caught in the 
IATTC Convention Area that is not retained, as soon as it is seen on 
the line, without compromising the safety of any persons. If a shark is 
live when seen on the line, the crew, operator, or owner must follow 
these release procedures:
    (i) Leave the shark in the water.
    (ii) Use a line clipper meeting the minimum design standards in 
paragraph (m) of this section to cut the branchline so that less than 1 
meter (or 3.3 ft) of line remains on the animal. If this is not 
possible without compromising the safety of any persons, cut the 
branchline as close to the hook as possible.
* * * * *
    (m) Possession and use of required mitigation gear. (1) NMFS has 
established minimum design standards for line clippers. At least one 
line clipper meeting these design standards must be present onboard any 
longline vessel fishing in the IATTC Convention Area. The minimum 
design standards are as follows:
    (i) The line clipper must have a protected cutting blade. The 
cutting blade must be curved, recessed, contained in a holder, or 
otherwise afforded some protection to minimize direct contact of the 
cutting surface with animals or users of the cutting blade.
    (ii) The cutting blade edge must be capable of cutting 2.0-2.1 mm 
monofilament line and nylon or polypropylene multi-strand material 
commonly known as braided mainline or tarred mainline.
    (iii) The line clipper must have an extended reach handle or pole 
of at least 6 ft (1.82 m) for the cutting blade.
    (iv) The cutting blade must be securely fastened to the extended 
reach handle or pole to ensure effective deployment and use.
    (2) [Reserved]
    (n) Prohibition on shark finning. Vessel owners and operators must 
comply with regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins found at 50 CFR part 600, subpart N.

[FR Doc. 2024-14495 Filed 7-1-24; 8:45 am]
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