International Fisheries; Pacific Tuna Fisheries; Fish Aggregating Device Design and Reporting Requirements in the Eastern Pacific Ocean, 96906-96910 [2024-28466]
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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Rules and Regulations
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, this action does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it is not
approved to apply in Indian country
located in the State, and the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law. Executive Order 12898
(Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations, 59 FR 7629, February 16,
1994) directs Federal agencies to
identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
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commercial operations or programs and
policies.’’
The EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, which finds that a
nonattainment area attained the 2010
SO2 NAAQS by the applicable
attainment date, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
Reporting and recordkeeping
requirements, Sulfur oxides.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. Amend § 52.1082 by adding
paragraph (m) to read as follows:
B. Submission to Congress and the
Comptroller General
■
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
§ 52.1082
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 4, 2025. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action, the
determination of attainment by the
attainment date for the Anne ArundelBaltimore County SO2 nonattainment
area, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
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Determinations of attainment.
*
*
*
*
*
(m) The EPA has determined, as of
January 6, 2025, that based on 2018–
2020 monitoring data, relevant
modeling analysis, and additional
emissions inventory information, the
Anne Arundel and Baltimore County
SO2 nonattainment area has attained the
2010 1-hour SO2 primary NAAQS by the
applicable attainment date of September
12, 2021.
[FR Doc. 2024–27865 Filed 12–5–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 241129–0306]
RIN 0648–BM70
International Fisheries; Pacific Tuna
Fisheries; Fish Aggregating Device
Design and Reporting Requirements in
the Eastern Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is issuing and
modifying regulations under the Tuna
Conventions Act (TCA) of 1950, as
amended, to implement two Resolutions
adopted at the 101st Meeting of the
Inter-American Tropical Tuna
Commission (IATTC) in August 2023.
These Resolutions include Resolution
C–23–03 (Amendment to Resolution C–
99–07 on Fish Aggregating Devices) and
Resolution C–23–04 (On the Design and
SUMMARY:
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Biodegradability of Drifting Fish
Aggregating Devices (DFADs) in the
IATTC Area of Competence). This final
rule modifies regulations for the design
of fish aggregating devices (FADs) in the
eastern Pacific Ocean (EPO) to require
that they be designed with nonentangling and biodegradable materials.
The rule also requires that vessel
owners and operators collect data
related to the recovery, disposal, or
recycling of FADs and submit these data
to the IATTC, unless the information is
already collected and submitted to the
IATTC by an observer.
DATES: This rule is effective January 6,
2025.
ADDRESSES: A plain language summary
of this rule is available at https://
www.regulations.gov/docket/NOAANMFS-2023-0147.
Copies of supporting documents that
were prepared for this rule, including
the regulatory impact review (RIR), are
available via the Federal e-Rulemaking
Portal: https://www.regulations.gov,
docket NOAA–NMFS–2023–0147, or
contact Highly Migratory Species
Branch Staff, Karter Harmon, 501 West
Ocean Boulevard, Suite 4200, Long
Beach, CA 90802, or Karter.Harmon@
noaa.gov.
Written comments and
recommendations for this information
collection should be submitted at the
following website: https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by using the search function
and entering either the title of the
collection or the OMB Control Number
0648–0148.
FOR FURTHER INFORMATION CONTACT:
Karter Harmon, NMFS West Coast
Region (WCR), at (562) 980–3248, or
Karter.Harmon@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Background on the IATTC
The United States is a member of the
IATTC, which was established under
the 1949 Convention for the
Establishment of an Inter-American
Tropical Tuna Commission (1949
Convention). In 2003, the IATTC
updated the 1949 Convention through
the adoption of the Convention for the
Strengthening of the IATTC Established
by the 1949 Convention between the
United States of America and the
Republic of Costa Rica (Antigua
Convention). The Antigua Convention
entered into force in 2010. The United
States acceded to the Antigua
Convention on February 24, 2016. The
full text of the Antigua Convention is
available at: https://www.iattc.org/
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PDFFiles2/Antigua_Convention_Jun_
2003.pdf.
The United States implements
binding decisions of the IATTC as
domestic regulations under the Tuna
Conventions Act of 1950, as amended,
16 U.S.C. 951 et seq. (Pub. L. 114–81).
The TCA directs the Secretary of
Commerce, in consultation with the
Secretary of State and, with respect to
enforcement measures, the U.S. Coast
Guard, to promulgate such regulations
as may be necessary to carry out the
United States’ obligations under the
Antigua Convention, including
recommendations and decisions
adopted by the IATTC. The authority of
the Secretary of Commerce to
promulgate such regulations has been
delegated to NMFS.
IATTC Resolutions on Fish Aggregating
Devices
The 101st Meeting of the IATTC was
held in Victoria, Canada, in August
2023. At this meeting, the IATTC
adopted Resolution C–23–03
(Amendment to Resolution C–99–07 on
Fish Aggregating Devices) and
Resolution C–23–04 (On the Design and
Biodegradability of Drifting Fish
Aggregating Devices (DFADs) in the
IATTC Area of Competence).
Resolution C–23–03 amends
Resolution C–99–07 and continues to
recommend that tender vessels
operating in support of vessels fishing
on FADs in the EPO remain prohibited.
The Resolution stipulates that vessels
may engage in FAD recovery activities
that are limited to the collection of
FADs for final disposal, not
maintenance or adjustment. The
Resolution requires that Members and
Cooperating Non-Members report all
associated information on any such FAD
recovery activities to the IATTC
Secretariat. The Resolution encourages
the initiation of FAD recovery programs
through cooperative initiatives among
fishing vessels and other vessels
implementing recovery projects in the
IATTC Convention Area. These
measures are intended to improve FAD
management and data collection for
FAD-associated fishing sets and to
reduce their impacts.
Resolution C–23–04 contains new
requirements regarding materials that
can be used in FADs that are deployed
or redeployed in the IATTC Convention
Area. These include biodegradable and
non-entangling materials, which would
be phased in between 2025 and 2029.
Beginning on January 1, 2025, purse
seine vessel owners and operators are
required to meet non-entangling design
requirements for FADs, and the use of
mesh nets is prohibited for any part of
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a FAD. The Resolution defines ‘‘nonentangling FAD’’ as ‘‘a FAD that does
not include any netting materials for
any part of the FAD including both the
surface structure (e.g., raft) and
subsurface structure (e.g., tail).’’
Beginning on January 1, 2026, purse
seine vessel owners and operators are
required to begin using biodegradable
materials in either the surface or
subsurface portion of FADs. By January
1, 2029, both the surface and subsurface
portion of the FAD must be composed
of biodegradable materials. These
measures are intended to reduce marine
pollution and other impacts associated
with non-biodegradable FADs.
NMFS published a proposed rule on
July 19, 2024 (89 FR 58698), for public
review and comment. The comment
period closed on August 19, 2024. The
preamble to the proposed rule contains
additional background information that
is not repeated here.
Final Regulations
This rule is implemented under the
TCA (16 U.S.C. 951 et seq.) and includes
changes to part 300, subpart C of title 50
of the Code of Federal Regulations
(CFR). This rule implements the
following three provisions in
Resolutions C–23–03 and C–23–04:
First, the rule establishes new
requirements for vessels that choose to
recover FADs in the IATTC Convention
Area for the purpose of final disposal.
Except for authorized tuna purse seine
vessels, vessels engaged in recovery
activities may not deploy FADs.
Recovered FADs must be taken on board
and brought to port for recycling or final
disposal. The rule also implements a
reporting requirement for information
associated with all FADs recovered by
vessel owners and operators in the
IATTC Convention Area, unless that
information is already reported by an
observer. These data must be reported to
the IATTC scientific staff for analysis
using a format and address provided by
NMFS. Because these data are routinely
collected by observers, this reporting
requirement will only apply in
situations where a vessel engaged in
FAD recovery does not have an observer
on board.
Second, beginning on January 1, 2025,
U.S. purse seine vessel owners and
operators will be required to meet nonentangling design requirements for
FADs deployed or redeployed in the
IATTC Convention Area. A definition of
‘‘non-entangling FAD,’’ consistent with
the definition adopted by the IATTC, is
included in the regulations as follows:
‘‘Non-entangling FAD means a FAD that
does not include any netting materials
for any part of the FAD including both
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the surface structure (e.g., raft) and
subsurface structure (e.g., tail).’’
Third, beginning on January 1, 2026,
U.S. purse seine vessel owners and
operators will be required to meet
standards for biodegradable materials in
either the surface or subsurface
components of FADs in the IATTC
Convention Area. A definition of
‘‘biodegradable,’’ consistent with the
definition adopted by the IATTC, is
included in the regulations as follows:
‘‘Biodegradable means non-synthetic
materials and/or bio-based alternatives
that are consistent with approved
international standards for materials
that are biodegradable in marine
environments. The components
resulting from the degradation of these
materials should not be damaging to the
marine and coastal ecosystems or
include heavy metals or plastics in their
composition. Examples of non-synthetic
materials include plant-based materials
such as cotton, jute, manila hemp
(abaca), bamboo, and natural rubber;
and animal-based materials such as
leather, wool, and lard. The approved
international standards are ASTM
D6691, ASTM D7881, and TUV
Austria.’’
By January 1, 2026, FADs must be
constructed according to one of three
sets of specifications. Under option one,
the surface part of the FAD must be
made of fully biodegradable materials,
except for flotation components, but the
subsurface part may contain nonbiodegradable materials (e.g., synthetic
raffia, metallic frame, plastic floats,
nylon ropes). Under option two, the
subsurface part of the FAD must be
made of fully biodegradable materials,
but the surface part and any flotation
components may be made of nonbiodegradable materials. Under option
three, the surface part, except for
flotation components, and subsurface
part must both be made of fully
biodegradable materials. All three
options would allow for plastic-based
flotation components (e.g., plastic
buoys, foam, purse-seine corks). The
third option allows an exception for
satellite buoys that are attached to FADs
to track them, and for nylon ropes,
which can be used exclusively to
strengthen the structure of the floating
or underwater component of the FAD.
By January 1, 2029, all FADs
deployed or redeployed in the IATTC
Convention Area must be designed and
constructed such that the surface part
and subsurface part are both made of
fully biodegradable materials, except
that any flotation component on the
surface part may still be made of nonbiodegradable materials. The exceptions
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for satellite buoys and nylon ropes will
continue to apply.
Public Comments and Responses
NMFS received two comments during
the 30-day comment period on the
proposed rule, which closed on August
19, 2024. One comment was from a
member of the general public and was
fully supportive of the proposed rule as
written. The second comment was from
American Tunaboat Association (ATA),
which represents U.S. large purse seine
vessels in the Pacific Ocean. This
comment, while generally supportive,
raised two issues with the proposed rule
text which are addressed below.
Issue 1: The commenters noted that
the length of time needed to comply
with the collection of information
requirements for the FAD recovery form
is likely to be greater than the 5 minutes
estimated in the proposed rule.
NMFS Response: NMFS
acknowledges the experience of
industry participants in providing an
estimate of the time burden for filling
out forms and reporting information to
the IATTC. After considering this public
comment, NMFS has updated the
estimated average time burden for
collection of information associated
with this rule from 5 minutes to 15
minutes, if FADs are voluntarily
retrieved for disposal. However, as the
commenters pointed out, much of the
relevant information would already be
collected by IATTC observers aboard the
U.S. large purse seine vessels and
therefore the time burden is unlikely to
fall upon vessel owners and operators
except when extenuating circumstances
preclude the collection of such
information by observers.
Issue 2: The commenters noted that
the projected impacts on the
profitability of the fishery resulting from
FAD design requirements in this action
are uncertain and may be greater than
the estimates offered in the proposed
rule. In particular, the commenters
stated that the data produced by the
IATTC and the International Seafood
Sustainability Foundation (ISSF)
overestimate the average amount of tuna
which can reliably be harvested from
biodegradable FADs and underestimate
the costs associated with transitioning
from traditional to biodegradable FADs.
NMFS Response: NMFS appreciates
the perspectives of industry participants
regarding the economic burden of
transitioning from traditional to
biodegradable FADs. NMFS cited the
publicly available information from
ISSF and the IATTC to estimate costs
and harvest potential, but also
acknowledges the fishing industry may
have additional experiences with
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biodegradable FADs. NMFS also
acknowledges there may be uncertainty
and variation in harvest with
biodegradable FADs between vessels as
well.
However, the costs associated with
the transition to the proposed FAD
designs are not expected to reduce
profitability or significantly impact the
fleet because replacing and redeploying
FADs has always been considered
routine by large purse seine vessels,
regardless of design type. Due to the
routine nature of replacement and
redeployment of FADs, large purse seine
vessels already consider such operating
costs. Based on available public
information, NMFS does not predict
that costs of replacement and
redeployment of biodegradable FADs
will vary so significantly from current
estimates used by large purse seine
vessels as to impact profitability. As
such, the uncertainty highlighted by the
commenter does not alter our
determination, pursuant to the
Regulatory Flexibility Act, that this
action is not expected to have a
significant economic impact on a
substantial number of small entities.
Changes From the Proposed Rule
The Classification section of this final
rule includes an adjustment to the
estimated time burden of the collectionof-information requirements, in
response to the information submitted
by industry participants via public
comment. No changes to the regulatory
text were made between the proposed
and final rule.
Classification
The NMFS Assistant Administrator
has determined that this final rule is
consistent with the TCA and other
applicable laws.
Executive Order 12866
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Paperwork Reduction Act
This final rule contains a collectionof-information requirement subject to
review and approval by OMB under the
Paperwork Reduction Act (PRA). This
rule changes the existing requirements
for the collection of information No.
0648–0148 (West Coast Region Pacific
Tuna Fisheries Logbook, Fish
Aggregating Device Form, and Observer
Safety Reporting) by requiring U.S.
vessel owners and operators who
voluntarily recover FADs for disposal or
recycling to report information to the
IATTC, unless that information is
already collected and submitted to the
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IATTC by an observer onboard the
vessel. Current FAD reporting
requirements under that collection of
information would continue to apply.
Public reporting burden for reporting on
recovered FADs is estimated to average
15 minutes per form, including the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
This public reporting burden will
only be incurred in potential situations
where an observer is either not present
aboard the vessel, or is unable to collect
the relevant information due to
extenuating circumstances.
Additionally, under existing regulations
at 50 CFR 300.22(c), vessel owners and
operators that do not have an observer
on board are required to report detailed
information on any interaction or
activity with a deployed FAD, including
information about the design of the
FAD. The public reporting burden for
this existing collection of information
for FAD design will not change as a
result of this final rule.
We invite the general public and other
Federal agencies to comment on
proposed and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. Written comments
and recommendations for this
information collection should be
submitted at the following website:
https://www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by using the
search function and entering either the
title of the collection or the OMB
Control Number 0648–0148.
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.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act, 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, for purposes of the
Regulatory Flexibility Act, 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 and is not repeated here.
Information received through public
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comment highlights uncertainty in some
of the costs which may be incurred by
the action. This information does not
alter the analysis of the action as
described in the proposed rule.
Therefore, the initial certification
published with the proposed rule—that
this rule is not expected to have a
significant economic impact on a
substantial number of small entities—
remains unchanged. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Executive Order 13175
NMFS has determined that this action
would not have a substantial direct
effect on one or more Indian Tribes, on
the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes;
therefore, consultation with Tribal
officials under Executive Order 13175 is
not required, and the requirements of
sections (5)(b) and (5)(c) of E.O. 13175
also do not apply. A Tribal summary
impact statement under section
(5)(b)(2)(B) and section (5)(c)(2)(B) of
Executive Order 13175 is not required
and has not been prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: December 2, 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:
Subpart C—Eastern Pacific Tuna
Fisheries
1. The authority citation for part 300,
subpart C, continues to read as follows:
■
Authority: 16 U.S.C. 951 et seq.
2. Amend § 300.21 by adding
definitions, in alphabetical order, for
‘‘Biodegradable’’ and ‘‘Non-entangling
FAD’’ to read as follows:
■
§ 300.21
Definitions.
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Biodegradable means non-synthetic
materials and/or bio-based alternatives
that are consistent with approved
international standards for materials
that are biodegradable in marine
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environments. The components
resulting from the degradation of these
materials should not be damaging to the
marine and coastal ecosystems or
include heavy metals or plastics in their
composition. Examples of non-synthetic
materials include plant-based materials
such as cotton, jute, manila hemp
(abaca), bamboo, and natural rubber;
and animal-based materials such as
leather, wool, and lard. The approved
international standards are ASTM
D6691, ASTM D7881, and TUV Austria.
*
*
*
*
*
Non-entangling FAD means a FAD
that does not include any netting
materials for any part of the FAD
including both the surface structure
(e.g., raft) and subsurface structure (e.g.,
tail).
*
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*
*
■ 3. Amend § 300.22 by adding
paragraph (c)(5) to read as follows:
§ 300.22 Recordkeeping and reporting
requirements.
*
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*
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(c) * * *
(5) Reporting on recovered FADs. U.S.
vessel owners and operators must report
information on FADs that are recovered
for disposal or recycling to the IATTC,
unless that information is already
reported to the IATTC by an observer.
This information must be reported using
a format and address provided by the
HMS Branch. The owner and operator
must ensure that the form is submitted
within 30 days of each recovery to the
address specified by the HMS Branch.
*
*
*
*
*
■ 4. Amend § 300.24 by adding
paragraphs (rr) and (ss) to read as
follows:
§ 300.24
Prohibitions.
*
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
96909
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*
(rr) Except for tuna purse seine
vessels, when recovering FADs,
performing maintenance and
adjustments on deployed FADs, or
deploying a FAD.
(ss) Deploy or redeploy a FAD in the
IATTC Convention Area that fails to
comply with the FAD design
requirements in § 300.28(g) and (h).
■ 5. Amend § 300.28 by:
■ a. Revising the heading to paragraph
(f);
■ b. Adding paragraph (f)(3);
■ c. Revising paragraph (g); and
■ d. Adding paragraph (h).
The revisions and additions read as
follows:
§ 300.28
*
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FAD restrictions.
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96910
Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Rules and Regulations
(f) Restrictions on FAD deployments,
removals, and recovery.
*
*
*
*
*
(3) U.S. vessel owners and operators
may recover FADs for final disposal or
recycling. Recovery activities must be
limited to the collection of FADs for
final disposal or recycling and may not
include any type of maintenance or
adjustment on deployed FADs.
(g) Non-entangling FAD materials.
Beginning January 1, 2025, U.S. purse
seine vessel owners and operators must
ensure that the design and construction
of any FAD to be deployed or
redeployed (i.e., placed in the water) in
the IATTC Convention Area uses only
non-entangling FAD materials.
(h) Biodegradable FAD materials. In
addition to complying with the
requirement to use non-entangling
materials specified in paragraph (g) of
this section, vessel owners and
operators must ensure that the design
and construction of any FAD to be
deployed or redeployed in the IATTC
Convention Area meets the following
specifications:
(1) Beginning January 1, 2026, all
FADs deployed or redeployed in the
IATTC Convention Area must be
designed and constructed according to
one of the following sets of
specifications:
(i) The surface part of the FAD must
be made of fully biodegradable
materials, except for flotation
components (e.g., plastic buoys, foam,
purse-seine corks), whereas the
subsurface part of the FAD may contain
non-biodegradable materials (e.g.,
synthetic raffia, metallic frame, plastic
floats, nylon ropes); or
(ii) The subsurface part of the FAD
must be made of fully biodegradable
materials, whereas the surface part and
any flotation components (e.g., plastic
buoys, foam, purse-seine corks) of the
FAD may contain non-biodegradable
materials (e.g., synthetic raffia, metallic
frame, plastic floats, nylon ropes); or
(iii) The surface part, except for
flotation components (e.g., plastic
buoys, foam, purse-seine corks), and
subsurface part must be made of fully
biodegradable materials. Nonbiodegradable materials, in particular
nylon ropes, can be used exclusively to
strengthen the structure of the floating
or underwater component of the FAD.
(2) Beginning January 1, 2029, all
FADs deployed or redeployed in the
IATTC Convention Area must be made
of fully biodegradable materials, except
for flotation components (e.g., plastic
buoys, foam, purse seine corks), which
may be made of non-biodegradable
material. Non-biodegradable materials,
VerDate Sep<11>2014
15:59 Dec 05, 2024
Jkt 265001
in particular nylon ropes, can be used
exclusively to strengthen the structure
of the floating or underwater component
of the FAD.
(3) Restrictions on biodegradable FAD
materials set forth in paragraphs (h)(1)
and (2) of this section do not apply to
satellite buoys that are attached to FADs
in order to track them.
[FR Doc. 2024–28466 Filed 12–5–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240405–0100; RTID 0648–
XE509]
Fisheries of the Northeastern United
States; Mackerel, Squid, and Butterfish
Fishery; 2024 Commercial Atlantic
Mackerel Fishery Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is closing the
commercial Atlantic mackerel fishery
through December 31, 2024. This
closure is required by regulation
because NMFS projects that 80 percent
of the mackerel domestic annual harvest
is harvested. This action is necessary to
comply with the regulations
implementing the Mackerel, Squid, and
Butterfish Fishery Management Plan
and is intended to prevent overharvest
of Atlantic mackerel.
DATES: Effective 0001 hours (hr) local
time, December 6, 2024, through 2400
hr local time on December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Colette Tweeddale, Fishery
Management Specialist, 978–281–9335.
SUPPLEMENTARY INFORMATION: The
procedures for setting initial annual
specifications for the species managed
under the Mackerel, Squid, and
Butterfish Fishery Management Plan
(FMP) are described at 50 CFR 648.22.
The regulations at § 648.22(a)(3) require
annual catch limits, commercial annual
catch targets (including research setaside, domestic annual harvest (DAH),
Tier 3 landings caps, and domestic
annual processing), joint venture
processing, total allowable levels of
foreign fishing, and recreational annual
catch targets (including research setaside) to be specified for the Atlantic
mackerel fishery for a period of up to 3
years.
SUMMARY:
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
The Regional Administrator monitors
mackerel fishery catch based on dealer
reports and other available information.
When the Regional Administrator
projects that 80 percent of the DAH is
harvested, the regulations at
§ 648.24(b)(1)(i) require NMFS to close
the commercial mackerel fishery in
Federal waters for the remainder of the
fishing year. The regulations at
§ 648.26(a)(2)(i) state that while such a
closure is in effect, vessels issued a Tier
1, 2, or 3 limited access mackerel permit
are prohibited from taking and
retaining, possessing, or landing more
than 10,000 lb (4.54 mt) of mackerel per
trip at any time, and from landing
mackerel more than once per calendar
day. Additionally, the regulations at
§ 648.26(a)(2)(ii) state that while such a
closure is in effect, vessels issued an
open access mackerel permit are
prohibited from taking and retaining,
possessing, or landing more than 2,500
lb (1.13 mt) of mackerel per trip at any
time, and from landing mackerel more
than once per calendar day. The
regulations at § 648.24(d) require that
upon determining that a closure is
necessary, NMFS must: Notify the
Executive Directors of the relevant
Fishery Management Councils; notify
permit holders at least 72 hr before the
effective date of the closure; provide
adequate notice of the closure to
recreational participants in the fishery;
and publish notification of the closure
in the Federal Register.
Based on dealer reports and other
available information, the Regional
Administrator projects that 100.06
percent of the mackerel DAH was
harvested as of November 29, 2024.
Therefore, effective 0001 local time on
December 6, 2024, limited access
mackerel vessels may not take and
retain, possess, or land more than
10,000 lb (4.54 mt) of mackerel per trip
at any time, and may only land
mackerel once per calendar day,
through 2400 hr local time on December
31, 2024. Limited access mackerel
vessels that enter port before 0001 hr
local time on December 6, 2024, may
land and sell more than 10,000 lb (4.54
mt) of mackerel from that trip,
consistent with possession restrictions
at § 648.26(a)(1)(i). Additionally, open
access mackerel vessels may not take
and retain, possess, or land more than
2,500 lb (1.13 mt) of mackerel per trip
at any time, and may only land
mackerel once per calendar day,
through 2400 hr local time on December
31, 2024. Open access mackerel vessels
that enter port before 0001 hr local time
on December 6, 2024, may land and sell
more than 2,500 lb (1.13 mt) of mackerel
E:\FR\FM\06DER1.SGM
06DER1
]]>Agencies
[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Rules and Regulations]
[Pages 96906-96910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28466]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 241129-0306]
RIN 0648-BM70
International Fisheries; Pacific Tuna Fisheries; Fish Aggregating
Device Design and Reporting Requirements in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is issuing and modifying regulations under the Tuna
Conventions Act (TCA) of 1950, as amended, to implement two Resolutions
adopted at the 101st Meeting of the Inter-American Tropical Tuna
Commission (IATTC) in August 2023. These Resolutions include Resolution
C-23-03 (Amendment to Resolution C-99-07 on Fish Aggregating Devices)
and Resolution C-23-04 (On the Design and
[[Page 96907]]
Biodegradability of Drifting Fish Aggregating Devices (DFADs) in the
IATTC Area of Competence). This final rule modifies regulations for the
design of fish aggregating devices (FADs) in the eastern Pacific Ocean
(EPO) to require that they be designed with non-entangling and
biodegradable materials. The rule also requires that vessel owners and
operators collect data related to the recovery, disposal, or recycling
of FADs and submit these data to the IATTC, unless the information is
already collected and submitted to the IATTC by an observer.
DATES: This rule is effective January 6, 2025.
ADDRESSES: A plain language summary of this rule is available at
https://www.regulations.gov/docket/NOAA-NMFS-2023-0147.
Copies of supporting documents that were prepared for this rule,
including the regulatory impact review (RIR), are available via the
Federal e-Rulemaking Portal: https://www.regulations.gov, docket NOAA-
NMFS-2023-0147, or contact Highly Migratory Species Branch Staff,
Karter Harmon, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA
90802, or [email protected].
Written comments and recommendations for this information
collection should be submitted at the following website: https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by using the search function and entering either the title
of the collection or the OMB Control Number 0648-0148.
FOR FURTHER INFORMATION CONTACT: Karter Harmon, NMFS West Coast Region
(WCR), at (562) 980-3248, or [email protected].
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
under the 1949 Convention for the Establishment of an Inter-American
Tropical Tuna Commission (1949 Convention). In 2003, the IATTC updated
the 1949 Convention through the adoption of the Convention for the
Strengthening of the IATTC Established by the 1949 Convention between
the United States of America and the Republic of Costa Rica (Antigua
Convention). The Antigua Convention entered into force in 2010. The
United States acceded to the Antigua Convention on February 24, 2016.
The full text of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
The United States implements binding decisions of the IATTC as
domestic regulations under the Tuna Conventions Act of 1950, as
amended, 16 U.S.C. 951 et seq. (Pub. L. 114-81). The TCA directs the
Secretary of Commerce, in consultation with the Secretary of State and,
with respect to enforcement measures, the U.S. Coast Guard, to
promulgate such regulations as may be necessary to carry out the United
States' obligations under the Antigua Convention, including
recommendations and decisions adopted by the IATTC. The authority of
the Secretary of Commerce to promulgate such regulations has been
delegated to NMFS.
IATTC Resolutions on Fish Aggregating Devices
The 101st Meeting of the IATTC was held in Victoria, Canada, in
August 2023. At this meeting, the IATTC adopted Resolution C-23-03
(Amendment to Resolution C-99-07 on Fish Aggregating Devices) and
Resolution C-23-04 (On the Design and Biodegradability of Drifting Fish
Aggregating Devices (DFADs) in the IATTC Area of Competence).
Resolution C-23-03 amends Resolution C-99-07 and continues to
recommend that tender vessels operating in support of vessels fishing
on FADs in the EPO remain prohibited. The Resolution stipulates that
vessels may engage in FAD recovery activities that are limited to the
collection of FADs for final disposal, not maintenance or adjustment.
The Resolution requires that Members and Cooperating Non-Members report
all associated information on any such FAD recovery activities to the
IATTC Secretariat. The Resolution encourages the initiation of FAD
recovery programs through cooperative initiatives among fishing vessels
and other vessels implementing recovery projects in the IATTC
Convention Area. These measures are intended to improve FAD management
and data collection for FAD-associated fishing sets and to reduce their
impacts.
Resolution C-23-04 contains new requirements regarding materials
that can be used in FADs that are deployed or redeployed in the IATTC
Convention Area. These include biodegradable and non-entangling
materials, which would be phased in between 2025 and 2029. Beginning on
January 1, 2025, purse seine vessel owners and operators are required
to meet non-entangling design requirements for FADs, and the use of
mesh nets is prohibited for any part of a FAD. The Resolution defines
``non-entangling FAD'' as ``a FAD that does not include any netting
materials for any part of the FAD including both the surface structure
(e.g., raft) and subsurface structure (e.g., tail).'' Beginning on
January 1, 2026, purse seine vessel owners and operators are required
to begin using biodegradable materials in either the surface or
subsurface portion of FADs. By January 1, 2029, both the surface and
subsurface portion of the FAD must be composed of biodegradable
materials. These measures are intended to reduce marine pollution and
other impacts associated with non-biodegradable FADs.
NMFS published a proposed rule on July 19, 2024 (89 FR 58698), for
public review and comment. The comment period closed on August 19,
2024. The preamble to the proposed rule contains additional background
information that is not repeated here.
Final Regulations
This rule is implemented under the TCA (16 U.S.C. 951 et seq.) and
includes changes to part 300, subpart C of title 50 of the Code of
Federal Regulations (CFR). This rule implements the following three
provisions in Resolutions C-23-03 and C-23-04:
First, the rule establishes new requirements for vessels that
choose to recover FADs in the IATTC Convention Area for the purpose of
final disposal. Except for authorized tuna purse seine vessels, vessels
engaged in recovery activities may not deploy FADs. Recovered FADs must
be taken on board and brought to port for recycling or final disposal.
The rule also implements a reporting requirement for information
associated with all FADs recovered by vessel owners and operators in
the IATTC Convention Area, unless that information is already reported
by an observer. These data must be reported to the IATTC scientific
staff for analysis using a format and address provided by NMFS. Because
these data are routinely collected by observers, this reporting
requirement will only apply in situations where a vessel engaged in FAD
recovery does not have an observer on board.
Second, beginning on January 1, 2025, U.S. purse seine vessel
owners and operators will be required to meet non-entangling design
requirements for FADs deployed or redeployed in the IATTC Convention
Area. A definition of ``non-entangling FAD,'' consistent with the
definition adopted by the IATTC, is included in the regulations as
follows: ``Non-entangling FAD means a FAD that does not include any
netting materials for any part of the FAD including both
[[Page 96908]]
the surface structure (e.g., raft) and subsurface structure (e.g.,
tail).''
Third, beginning on January 1, 2026, U.S. purse seine vessel owners
and operators will be required to meet standards for biodegradable
materials in either the surface or subsurface components of FADs in the
IATTC Convention Area. A definition of ``biodegradable,'' consistent
with the definition adopted by the IATTC, is included in the
regulations as follows: ``Biodegradable means non-synthetic materials
and/or bio-based alternatives that are consistent with approved
international standards for materials that are biodegradable in marine
environments. The components resulting from the degradation of these
materials should not be damaging to the marine and coastal ecosystems
or include heavy metals or plastics in their composition. Examples of
non-synthetic materials include plant-based materials such as cotton,
jute, manila hemp (abaca), bamboo, and natural rubber; and animal-based
materials such as leather, wool, and lard. The approved international
standards are ASTM D6691, ASTM D7881, and TUV Austria.''
By January 1, 2026, FADs must be constructed according to one of
three sets of specifications. Under option one, the surface part of the
FAD must be made of fully biodegradable materials, except for flotation
components, but the subsurface part may contain non-biodegradable
materials (e.g., synthetic raffia, metallic frame, plastic floats,
nylon ropes). Under option two, the subsurface part of the FAD must be
made of fully biodegradable materials, but the surface part and any
flotation components may be made of non-biodegradable materials. Under
option three, the surface part, except for flotation components, and
subsurface part must both be made of fully biodegradable materials. All
three options would allow for plastic-based flotation components (e.g.,
plastic buoys, foam, purse-seine corks). The third option allows an
exception for satellite buoys that are attached to FADs to track them,
and for nylon ropes, which can be used exclusively to strengthen the
structure of the floating or underwater component of the FAD.
By January 1, 2029, all FADs deployed or redeployed in the IATTC
Convention Area must be designed and constructed such that the surface
part and subsurface part are both made of fully biodegradable
materials, except that any flotation component on the surface part may
still be made of non-biodegradable materials. The exceptions for
satellite buoys and nylon ropes will continue to apply.
Public Comments and Responses
NMFS received two comments during the 30-day comment period on the
proposed rule, which closed on August 19, 2024. One comment was from a
member of the general public and was fully supportive of the proposed
rule as written. The second comment was from American Tunaboat
Association (ATA), which represents U.S. large purse seine vessels in
the Pacific Ocean. This comment, while generally supportive, raised two
issues with the proposed rule text which are addressed below.
Issue 1: The commenters noted that the length of time needed to
comply with the collection of information requirements for the FAD
recovery form is likely to be greater than the 5 minutes estimated in
the proposed rule.
NMFS Response: NMFS acknowledges the experience of industry
participants in providing an estimate of the time burden for filling
out forms and reporting information to the IATTC. After considering
this public comment, NMFS has updated the estimated average time burden
for collection of information associated with this rule from 5 minutes
to 15 minutes, if FADs are voluntarily retrieved for disposal. However,
as the commenters pointed out, much of the relevant information would
already be collected by IATTC observers aboard the U.S. large purse
seine vessels and therefore the time burden is unlikely to fall upon
vessel owners and operators except when extenuating circumstances
preclude the collection of such information by observers.
Issue 2: The commenters noted that the projected impacts on the
profitability of the fishery resulting from FAD design requirements in
this action are uncertain and may be greater than the estimates offered
in the proposed rule. In particular, the commenters stated that the
data produced by the IATTC and the International Seafood Sustainability
Foundation (ISSF) overestimate the average amount of tuna which can
reliably be harvested from biodegradable FADs and underestimate the
costs associated with transitioning from traditional to biodegradable
FADs.
NMFS Response: NMFS appreciates the perspectives of industry
participants regarding the economic burden of transitioning from
traditional to biodegradable FADs. NMFS cited the publicly available
information from ISSF and the IATTC to estimate costs and harvest
potential, but also acknowledges the fishing industry may have
additional experiences with biodegradable FADs. NMFS also acknowledges
there may be uncertainty and variation in harvest with biodegradable
FADs between vessels as well.
However, the costs associated with the transition to the proposed
FAD designs are not expected to reduce profitability or significantly
impact the fleet because replacing and redeploying FADs has always been
considered routine by large purse seine vessels, regardless of design
type. Due to the routine nature of replacement and redeployment of
FADs, large purse seine vessels already consider such operating costs.
Based on available public information, NMFS does not predict that costs
of replacement and redeployment of biodegradable FADs will vary so
significantly from current estimates used by large purse seine vessels
as to impact profitability. As such, the uncertainty highlighted by the
commenter does not alter our determination, pursuant to the Regulatory
Flexibility Act, that this action is not expected to have a significant
economic impact on a substantial number of small entities.
Changes From the Proposed Rule
The Classification section of this final rule includes an
adjustment to the estimated time burden of the collection-of-
information requirements, in response to the information submitted by
industry participants via public comment. No changes to the regulatory
text were made between the proposed and final rule.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the TCA and other applicable laws.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Paperwork Reduction Act
This final rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This rule changes the existing requirements for the collection
of information No. 0648-0148 (West Coast Region Pacific Tuna Fisheries
Logbook, Fish Aggregating Device Form, and Observer Safety Reporting)
by requiring U.S. vessel owners and operators who voluntarily recover
FADs for disposal or recycling to report information to the IATTC,
unless that information is already collected and submitted to the
[[Page 96909]]
IATTC by an observer onboard the vessel. Current FAD reporting
requirements under that collection of information would continue to
apply. Public reporting burden for reporting on recovered FADs is
estimated to average 15 minutes per form, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
This public reporting burden will only be incurred in potential
situations where an observer is either not present aboard the vessel,
or is unable to collect the relevant information due to extenuating
circumstances. Additionally, under existing regulations at 50 CFR
300.22(c), vessel owners and operators that do not have an observer on
board are required to report detailed information on any interaction or
activity with a deployed FAD, including information about the design of
the FAD. The public reporting burden for this existing collection of
information for FAD design will not change as a result of this final
rule.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted at
the following website: https://www.reginfo.gov/public/do/PRAMain. Find
this particular information collection by using the search function and
entering either the title of the collection or the OMB Control Number
0648-0148.
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.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 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, for purposes of the Regulatory
Flexibility Act, 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 and is not
repeated here. Information received through public comment highlights
uncertainty in some of the costs which may be incurred by the action.
This information does not alter the analysis of the action as described
in the proposed rule. Therefore, the initial certification published
with the proposed rule--that this rule is not expected to have a
significant economic impact on a substantial number of small entities--
remains unchanged. As a result, a regulatory flexibility analysis was
not required and none was prepared.
Executive Order 13175
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under Executive
Order 13175 is not required, and the requirements of sections (5)(b)
and (5)(c) of E.O. 13175 also do not apply. A Tribal summary impact
statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of
Executive Order 13175 is not required and has not been prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: December 2, 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. Amend Sec. 300.21 by adding definitions, in alphabetical order, for
``Biodegradable'' and ``Non-entangling FAD'' to read as follows:
Sec. 300.21 Definitions.
* * * * *
Biodegradable means non-synthetic materials and/or bio-based
alternatives that are consistent with approved international standards
for materials that are biodegradable in marine environments. The
components resulting from the degradation of these materials should not
be damaging to the marine and coastal ecosystems or include heavy
metals or plastics in their composition. Examples of non-synthetic
materials include plant-based materials such as cotton, jute, manila
hemp (abaca), bamboo, and natural rubber; and animal-based materials
such as leather, wool, and lard. The approved international standards
are ASTM D6691, ASTM D7881, and TUV Austria.
* * * * *
Non-entangling FAD means a FAD that does not include any netting
materials for any part of the FAD including both the surface structure
(e.g., raft) and subsurface structure (e.g., tail).
* * * * *
0
3. Amend Sec. 300.22 by adding paragraph (c)(5) to read as follows:
Sec. 300.22 Recordkeeping and reporting requirements.
* * * * *
(c) * * *
(5) Reporting on recovered FADs. U.S. vessel owners and operators
must report information on FADs that are recovered for disposal or
recycling to the IATTC, unless that information is already reported to
the IATTC by an observer. This information must be reported using a
format and address provided by the HMS Branch. The owner and operator
must ensure that the form is submitted within 30 days of each recovery
to the address specified by the HMS Branch.
* * * * *
0
4. Amend Sec. 300.24 by adding paragraphs (rr) and (ss) to read as
follows:
Sec. 300.24 Prohibitions.
* * * * *
(rr) Except for tuna purse seine vessels, when recovering FADs,
performing maintenance and adjustments on deployed FADs, or deploying a
FAD.
(ss) Deploy or redeploy a FAD in the IATTC Convention Area that
fails to comply with the FAD design requirements in Sec. 300.28(g) and
(h).
0
5. Amend Sec. 300.28 by:
0
a. Revising the heading to paragraph (f);
0
b. Adding paragraph (f)(3);
0
c. Revising paragraph (g); and
0
d. Adding paragraph (h).
The revisions and additions read as follows:
Sec. 300.28 FAD restrictions.
* * * * *
[[Page 96910]]
(f) Restrictions on FAD deployments, removals, and recovery.
* * * * *
(3) U.S. vessel owners and operators may recover FADs for final
disposal or recycling. Recovery activities must be limited to the
collection of FADs for final disposal or recycling and may not include
any type of maintenance or adjustment on deployed FADs.
(g) Non-entangling FAD materials. Beginning January 1, 2025, U.S.
purse seine vessel owners and operators must ensure that the design and
construction of any FAD to be deployed or redeployed (i.e., placed in
the water) in the IATTC Convention Area uses only non-entangling FAD
materials.
(h) Biodegradable FAD materials. In addition to complying with the
requirement to use non-entangling materials specified in paragraph (g)
of this section, vessel owners and operators must ensure that the
design and construction of any FAD to be deployed or redeployed in the
IATTC Convention Area meets the following specifications:
(1) Beginning January 1, 2026, all FADs deployed or redeployed in
the IATTC Convention Area must be designed and constructed according to
one of the following sets of specifications:
(i) The surface part of the FAD must be made of fully biodegradable
materials, except for flotation components (e.g., plastic buoys, foam,
purse-seine corks), whereas the subsurface part of the FAD may contain
non-biodegradable materials (e.g., synthetic raffia, metallic frame,
plastic floats, nylon ropes); or
(ii) The subsurface part of the FAD must be made of fully
biodegradable materials, whereas the surface part and any flotation
components (e.g., plastic buoys, foam, purse-seine corks) of the FAD
may contain non-biodegradable materials (e.g., synthetic raffia,
metallic frame, plastic floats, nylon ropes); or
(iii) The surface part, except for flotation components (e.g.,
plastic buoys, foam, purse-seine corks), and subsurface part must be
made of fully biodegradable materials. Non-biodegradable materials, in
particular nylon ropes, can be used exclusively to strengthen the
structure of the floating or underwater component of the FAD.
(2) Beginning January 1, 2029, all FADs deployed or redeployed in
the IATTC Convention Area must be made of fully biodegradable
materials, except for flotation components (e.g., plastic buoys, foam,
purse seine corks), which may be made of non-biodegradable material.
Non-biodegradable materials, in particular nylon ropes, can be used
exclusively to strengthen the structure of the floating or underwater
component of the FAD.
(3) Restrictions on biodegradable FAD materials set forth in
paragraphs (h)(1) and (2) of this section do not apply to satellite
buoys that are attached to FADs in order to track them.
[FR Doc. 2024-28466 Filed 12-5-24; 8:45 am]
BILLING CODE 3510-22-P
