80 FR 43694 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort and Catch Limits and Other Restrictions and Requirements

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 141 (July 23, 2015)

Page Range		43694-43704
FR Document		2015-18050
NMFS proposes and seeks comments on a proposed rule and proposed specifications to be issued under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act). The proposed rule would establish a framework under which NMFS would specify limits on fishing effort and catches, as well as spatial and temporal restrictions on particular fishing activities and other requirements, in U.S. fisheries for highly migratory fish species in the western and central Pacific Ocean (WCPO). NMFS would issue the specifications as needed to implement conservation and management measures adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission or WCPFC). The proposed rule also would require that certain U.S. fishing vessels operating in the WCPO obtain ``IMO numbers.'' The proposed rule also includes changes to regulations regarding tuna catch retention requirements for purse seine vessels, requirements to install and carry vessel monitoring system (VMS) units, daily reporting requirements, and other changes that are administrative in nature. Using the proposed regulatory framework described above, NMFS proposes restrictions on the use of fish aggregating devices by purse seine vessels in 2015. These actions are necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, to which it is a Contracting Party.
Federal Register, Volume 80 Issue 141 (Thursday, July 23, 2015)
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Proposed Rules]
[Pages 43694-43704]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18050]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150122068-5068-01]
RIN 0648-BE84


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Effort and Catch Limits and Other 
Restrictions and Requirements

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

ACTION: Proposed rule; proposed specifications.

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SUMMARY: NMFS proposes and seeks comments on a proposed rule and 
proposed specifications to be issued under authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (WCPFC 
Implementation Act). The proposed rule would establish a framework 
under which NMFS would specify limits on fishing effort and catches, as 
well as spatial and temporal restrictions on particular fishing 
activities and other requirements, in U.S. fisheries for highly 
migratory fish species in the western and central Pacific Ocean (WCPO). 
NMFS would issue the specifications as needed to implement conservation 
and management measures adopted by the Commission for the Conservation 
and Management of Highly Migratory Fish Stocks in the Western and 
Central Pacific Ocean (Commission or WCPFC). The proposed rule also 
would require that certain U.S. fishing vessels operating in the WCPO 
obtain ``IMO numbers.'' The proposed rule also includes changes to 
regulations regarding tuna catch retention requirements for purse seine 
vessels, requirements to install and carry vessel monitoring system 
(VMS) units, daily reporting requirements, and other changes that are 
administrative in nature.
    Using the proposed regulatory framework described above, NMFS 
proposes restrictions on the use of fish aggregating devices by purse 
seine vessels in 2015.
    These actions are necessary to satisfy the obligations of the 
United States under the Convention on the Conservation and Management 
of Highly Migratory Fish Stocks in the Western and Central Pacific 
Ocean, to which it is a Contracting Party.

DATES: Comments on the proposed rule or proposed specifications must be 
submitted in writing by August 7, 2015.

ADDRESSES: You may submit comments on the proposed rule, proposed 
specifications, and the regulatory impact review (RIR) prepared for the 
proposed rule and proposed specifications, identified by NOAA-NMFS-
2015-0072, by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0072,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
    --OR--
     Mail: Submit written comments to Michael D. Tosatto, 
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, 
might not be considered by NMFS. All comments received are a part of 
the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name and address), 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 is included in the 
Classification section of the SUPPLEMENTARY INFORMATION section of this 
document.
    Copies of the RIR and the programmatic environmental assessment 
(PEA) prepared for National Environmental Policy Act (NEPA) purposes 
are available at www.regulations.gov or may be obtained from Michael D. 
Tosatto, Regional Administrator, NMFS PIRO (see address above).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Michael D. Tosatto, Regional 
Administrator, NMFS PIRO (see address above) and by email to 
[email protected] or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808-725-5032.

SUPPLEMENTARY INFORMATION:

Background on the Convention

    The Convention on the Conservation and Management of Highly 
Migratory

[[Page 43695]]

Fish Stocks in the Western and Central Pacific Ocean (Convention) 
focuses on the conservation and management of highly migratory species 
(HMS) and the management of fisheries for HMS. The objective of the 
Convention is to ensure, through effective management, the long-term 
conservation and sustainable use of HMS in the WCPO. To accomplish this 
objective, the Convention established the Commission, which includes 
Members, Cooperating Non-members, and Participating Territories. The 
United States of America is a Member. American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands are Participating 
Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States is obligated to implement conservation 
and management measures adopted by the Commission and other decisions 
of 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 Web site at: www.wcpfc.int/doc/convention-area-map.

Implementation of Commission Decisions

    To date NMFS has implemented the Commission's decisions through 
regulations establishing specific requirements, restrictions, and 
prohibitions. This proposed rule includes several such specific 
regulations, and it also includes more general regulations that would 
establish a framework within which NMFS could establish specific 
requirements and restrictions. Under the framework, NMFS would issue 
and seek public comment on proposed specifications through 
announcements in the Federal Register, and subsequently issue final 
specifications through announcements in the Federal Register. The 
specifications would be designed to satisfy the obligations of the 
United States with respect to particular provisions of conservation and 
management measures adopted by the Commission. The specifications could 
include fishing effort limits, catch limits, and other restrictions on 
particular fishing activities during specific periods and/or in 
specific areas.
    This proposed action is described in the following sections under 
four categories. The first three categories are regulatory changes, and 
include: (1) Framework to implement Commission decisions; (2) 
requirement to obtain IMO number; and (3) other regulatory changes. The 
last category proposes specifications for the purse seine fishery for 
2015; specifically: (4) purse seine fish aggregation device (FAD) 
restrictions.

Regulatory Changes

    This proposed rule includes several elements, described in detail 
below, that would be included in the regulations at 50 CFR part 300 
Subpart O under three categories. The first would establish a framework 
to implement Commission decisions, the second would require that 
certain fishing vessels be issued IMO numbers, and the third would make 
changes to several existing regulations to implement Commission 
decisions, some of which are administrative in nature.

1. Framework To Implement Commission Decisions

    The proposed rule would establish a framework under which NMFS 
would specify fishing effort limits, catch limits, and other 
restrictions and requirements in U.S. fisheries for HMS in the 
Convention Area to implement particular decisions of the Commission. 
The framework would not be used to implement all Commission decisions, 
but rather those that are amenable to the framework process, such as 
quantitative fishing effort limits and catch limits, and spatial and/or 
temporal restrictions on specific fishing activities. For the purpose 
of describing the proposed framework, all such restrictions and 
requirements are called ``limits.''
    Purpose of framework: The purpose of a framework is to make it 
possible to manage fisheries more responsively under conditions 
requiring ``real time'' management. Such conditions exist in the 
context of the Convention because the Commission makes decisions that 
must be implemented by its members quickly--often within 60 days of the 
decision. The framework proposed here would allow NMFS to implement 
Commission decisions more rapidly than it would be able to without such 
a framework. The proposed framework, which would be codified at 50 CFR 
part 300, subpart O, contains the parameters within which NMFS could 
take specific actions, including the types of actions it could take, as 
well as the procedures for doing so. Limits implemented by NMFS under 
the proposed framework, called ``specifications,'' would be announced 
in the Federal Register. Except when warranted and allowed by law, 
specifications would be subject to prior public notice and comment. The 
limits specified under the framework would likely, but not always, be 
time-limited.
    Types and details of limits: The types of limits that would be 
specified under the framework include quantitative limits on the weight 
or number of fish that may be caught, retained, transshipped, landed, 
and/or sold; quantitative limits on the amount of fishing effort that 
may be expended, such as in terms of amounts of time vessels spend at 
sea or engaged in fishing or engaged in particular fishing activities 
or other measures of fishing effort, such as the number of gear sets or 
deployments of gear; and restrictions or prohibitions on particular 
fishing activities in certain areas and/or periods.
    Most recent Commission decisions do not apply in territorial seas 
or archipelagic waters. Accordingly, the framework regulations would 
state that any specified limit would not--unless otherwise indicated in 
the specification--apply in the territorial seas or archipelagic waters 
of the United States or any other nation, as defined by the domestic 
laws and regulations of that nation and recognized by the United 
States. If a Commission decision does apply in territorial seas and/or 
archipelagic waters, the specification issued by NMFS to implement that 
decision would specify that it does apply in those areas.
    For each limit specified under the framework, NMFS would identify 
the area and period in which it applies, and as appropriate, the vessel 
types, gear types, species, fish sizes, and any other relevant 
attributes to which it applies. For spatial or temporal limits, NMFS 
would also specify the specific activities that would be restricted in 
the area or period, and for quantitative limits, NMFS would specify the 
restrictions

[[Page 43696]]

and requirements that would go into effect after the limit is reached 
and the applicable dates of those restrictions and requirements. These 
restrictions and requirements could include a prohibition on the catch, 
retention, transshipment and/or landing of specific species or specific 
sizes of specific species, a prohibition on the use of specific fishing 
gears or methods, restrictions on specific fishing activities, and 
reporting or other requirements.
    Fisheries affected: In the decisions of the Commission, the three 
Participating Territories of the United States--American Samoa, the 
Commonwealth of the Northern Mariana Islands, and Guam--often are 
treated separately from the United States. For example, the fisheries 
of the territories often are subject to different controls and limits 
than are the fisheries of the United States. Therefore, to implement 
the Commission decisions, it is necessary to distinguish the fisheries 
from each other because fishing vessels from the Participating 
Territories are flagged vessels of the United States. The proposed 
regulatory framework would include criteria to distinguish the 
fisheries from each other, for the purpose of attributing fishing 
effort and catch among the fisheries, and determining to which vessels 
a given restriction applies. The proposed criteria mirror those used in 
previous regulations issued under the WCPFC Implementation Act. Under 
the proposed criteria, all fishing activities by U.S. fishing vessels 
would be considered to be part of a fishery of the United States except 
as follows:
    1. Except as provided under paragraphs 2 and 3 below, if catch is 
landed in American Samoa, Guam, or the Commonwealth of the Northern 
Mariana Islands, the catch and associated fishing effort are considered 
part of a fishery of the territory in which it is landed, provided 
that: (a) It was not caught using purse seine gear; (b) it was not 
caught in any portion of the U.S. exclusive economic zone (EEZ) other 
than the portion of the U.S. EEZ surrounding the territory in which it 
was landed; and (c) it was landed by a fishing vessel operated in 
compliance with a valid permit issued under 50 CFR 660.707 or 665.801.
    2. Except as provided under paragraph 3 below, if catch is made by 
longline gear by a vessel registered for use under a valid American 
Samoa Longline Limited Access Permit issued under 50 CFR 665.801(c), 
the catch and associated fishing effort are considered part of a 
fishery of American Samoa, provided that: (a) It was not caught in any 
portion of the U.S. EEZ other than the portion of the U.S. EEZ 
surrounding American Samoa; and (b) it was landed by a fishing vessel 
operated in compliance with a valid permit issued under 50 CFR 660.707 
or 665.801.
    3. If catch or fishing effort is made by a vessel that is included 
in a specified fishing agreement under 50 CFR 665.819(c), the catch and 
associated fishing effort are considered part of a fishery of American 
Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, 
according to the terms of the agreement to the extent the agreement is 
consistent with 50 CFR 665.819(c) and other applicable laws, provided 
that: (a) The start date specified in 50 CFR 665.819(c)(9)(i) has 
occurred or passed; and (b) NMFS has not made a determination under 50 
CFR 665.819(c)(9)(iii) that the catch or fishing effort exceeds any 
limit allocated to the territory that is a party to the agreement.
    Allocation of limits: Under the proposed framework, NMFS could 
allocate a Commission-mandated limit among different fisheries sectors, 
such as among groups of fishing vessels that use different types of 
fishing gear. For example, given a Commission decision to limit catches 
of a particular species irrespective of the type of fishing gear used 
to catch it, NMFS could decide to allocate the limit between the 
longline and the purse seine fisheries, using the proposed framework to 
establish specific limits for each of the two fisheries. NMFS could 
also use the framework to specify limits for particular fisheries even 
when the Commission-mandated limit is not specific to particular 
fisheries.
    The proposed framework would not be used to allocate Commission-
mandated limits among individual fishing vessels (except in the case 
where a single fishing vessel comprises an entire sector or fishery). 
This would not preclude NMFS from allocating Commission-mandated limits 
among individual fishing vessels through separate regulations.
    Framework procedures: The framework's procedures for specifying 
limits would be as follows: NMFS would publish in the Federal Register 
a notice of the proposed specification and a request for public comment 
on the proposed specification. The proposed specification would include 
all the relevant characteristics of the limit. After consideration of 
public comment received on the proposed specification, NMFS would 
publish in the Federal Register a notice of the final specification.
    Consequences of limits being reached: For quantitative limits, NMFS 
would monitor catch or fishing effort with respect to the specified 
limit using data submitted in vessel logbooks and other available 
information. When NMFS estimates or projects that the specified limit 
has been or will be reached, NMFS would publish a notification to that 
effect in the Federal Register. For quantitative limits, this 
notification would include an advisement that specific activities will 
be restricted, and/or that certain requirements will be in place, 
during a specific period. The notification would specify the 
restrictions and requirements and the specific activities to which they 
apply and the start and end dates and times of those restrictions. The 
start date of the restrictions and requirements would not be earlier 
than 7 days after the date of filing the closure notice for public 
inspection at the Office of the Federal Register.

2. Requirement To Obtain IMO Number

    This element of the proposed rule would apply to all U.S. fishing 
vessels (including those participating in the fisheries of the U.S. 
Participating Territories) that are used for commercial fishing for 
highly migratory fish stocks in the Convention Area either on the high 
seas or in waters under the jurisdiction of a foreign nation, and the 
gross tonnage of which is at least 100 GRT (gross register tons) or 100 
GT (gross tons) ITC. This requirement would implement a decision of the 
Commission made in 2013 as part of CMM 2013-10, ``WCPFC Record of 
Fishing Vessels and Authorization to Fish.'' CMM 2013-10 requires each 
member of the Commission, including the United States, to maintain a 
record of its fishing vessels that are authorized to fish in the 
Convention Area beyond its area of national jurisdiction, and to 
periodically share the information in its record with the Commission. 
As reflected in CMM 2013-10, in 2013 the Commission decided to require 
that an additional piece of information be included in members' records 
for fishing vessels whose gross tonnage is at least 100 GRT or 100 GT: 
The International Maritime Organization (IMO) number or Lloyd's 
Register number. An IMO number, also known as an IMO ship 
identification number, is the number issued for a ship or vessel under 
the ship identification number scheme established by the International 
Maritime Organization. An IMO number is unique and stays with the 
vessel for its life, regardless of changes in the vessel's flag, name, 
ownership, or other attributes. As used in CMM 2013-10, ``Lloyd's 
Register number,'' or ``LR number,'' has the same meaning as IMO

[[Page 43697]]

number except that the former refers to the number issued for a vessel 
that is not required--under IMO agreements--to be issued an IMO number. 
The administrator of the IMO ship identification number scheme issues 
both types of numbers using the same numbering scheme. Hereafter in 
this proposed rule, ``IMO number'' is used to refer to both IMO numbers 
and Lloyd's Register numbers. Currently, IMO numbers are issued on 
behalf of the IMO by IHS Maritime, the current administrator of the IMO 
ship identification number scheme.
    For each of the subject fishing vessels described above, this 
proposed rule would require that the owner of the fishing vessel ensure 
that an IMO number has been issued for the vessel. Furthermore, 
satisfying this requirement, if applicable, would be made a 
prerequisite for eligibility to receive a WCPFC Area Endorsement. The 
WCPFC Area Endorsement is the endorsement required--along with a high 
seas fishing permit--for a U.S. fishing vessel to be used for 
commercial fishing for HMS on the high seas in the Convention Area (see 
50 CFR 300.212).
    If not already issued, the vessel owner may request that an IMO 
number be issued by following the instructions given by IHS Maritime, 
available at: www.imonumbers.lrfairplay.com/default.aspx. There is no 
fee for making such a request or having an IMO number issued, but 
specific information about the fishing vessel and its ownership and 
management must be provided to the administrator of the scheme.
    Because IHS Maritime is not affiliated with the U.S. government and 
its actions are outside the control of NMFS and the U.S. government, 
the proposed rule includes a process for fishing vessel owners to claim 
to NMFS that they are unable--through no fault of their own--to obtain 
IMO numbers. NMFS would review the claim, assist the fishing vessel 
owner as appropriate, and if it determines that it is infeasible or 
impractical for the fishing vessel owner to comply with the 
requirement, NMFS would issue an exemption from the requirement for a 
specific or indefinite amount of time. The exemption would become void 
if ownership of the fishing vessel changes.

3. Other Regulatory Changes

    The proposed rule includes several other changes to the existing 
regulations to enhance clarity and promote efficiency, some of which 
are administrative in nature.
    First, this rule proposes to remove the regulations requiring that 
U.S. purse seine vessels carry WCPFC observers on fishing trips in the 
Convention Area (50 CFR 300.223(e)) because the applicable dates of the 
requirements, which extended through December 31, 2014, have passed. 
NMFS emphasizes that U.S. purse seine vessels operating in the 
Convention Area are, and will likely continue to be, subject to 
requirements to carry WCPFC observers under the current regulations at 
50 CFR 300.215. Under this section, U.S. fishing vessels operating in 
the Convention Area must carry a WCPFC observer when directed to do so 
by NMFS. NMFS has issued such directions to purse seine vessel owners 
for 2015, and anticipates doing so in subsequent years.
    Second, this rule proposes to revise the definition of ``fishing 
day'' to remove the reference to 50 CFR 300.223. As currently defined 
at 50 CFR 300.211, the term applies only to the regulations at 50 CFR 
300.223, ``Purse seine fishing restrictions,'' which establish limits 
on purse seine fishing effort, restrictions on the use of FADs, and 
other restrictions that apply to purse seine fishing. Because under 
this proposed rule some restrictions of those types would be 
established under a new regulatory section devoted to the framework, 
NMFS proposes to revise the term ``fishing day'' to apply more broadly 
to all the regulations in 50 CFR part 300 subpart O, but it would 
continue to be limited to the activities of purse seine fishing 
vessels. Under this proposed rule, ``fishing day'' would mean, for 
fishing vessels equipped with purse seine gear, any day in which a 
fishing vessel searches for fish, deploys a FAD, services a FAD, or 
sets a purse seine, with the exception of setting a purse seine solely 
for the purpose of testing or cleaning the gear and resulting in no 
catch.
    Third, this rule proposes to remove certain elements of the 
existing regulations that require purse seine vessels in the Convention 
Area to retain on board all the catch of three species of tuna (bigeye 
tuna, yellowfin tuna, and skipjack tuna), with certain exceptions (50 
CFR 300.223(d)), because they are obsolete. When the first version of 
these regulations was established in 2009 (final rule published August 
4, 2009; 74 FR 38544), the catch retention requirements were made 
contingent on a continuing determination by NMFS that there are an 
adequate number of WCPFC observers available for the purse seine 
vessels of all members of the Commission as necessary to ensure 
compliance by such vessels with the catch retention requirements. This 
contingency was based on the provisions of the Commission decision 
being implemented at the time, CMM 2008-01, which included a qualifier 
that the catch retention requirements were subject to implementation by 
Commission members of 100 percent observer coverage for purse seine 
vessels. However, CMM 2014-01, a successor to CMM 2008-01, which is 
currently in effect, does not include any such qualifier for the catch 
retention requirements. Thus, this proposed rule would remove 
paragraphs (1) and (2) of 50 CFR 300.223(d), which contain the 
contingencies.
    Fourth, this rule proposes to make changes to the requirements 
related to the installation and operation of vessel monitoring system 
(VMS) units on fishing vessels that are used to fish commercially for 
HMS on the high seas in the Convention Area. The current regulations at 
50 CFR 300.219 require the owner and the operator (i.e., the master or 
other individual aboard and in charge of the vessel) of any such vessel 
to expressly authorize NMFS and the Commission to receive and relay 
transmissions from the VMS unit. NMFS proposes to revise those 
regulations to provide NMFS and the Commission with an implicit 
authorization to receive and relay transmissions from the unit. In 
other words, under the proposed change, an explicit written 
authorization from the vessel owner and operator would not be needed 
for NMFS and the Commission to receive and relay transmissions from the 
VMS unit. NMFS recognizes this requirement is an unnecessary step and 
therefore is proposing to remove this requirement.
    Finally, this rule proposes changes to the requirement for the 
owners or operators of U.S. purse seine vessels to submit to NMFS daily 
reports on how many sets were made on FADs. These reports enable NMFS 
to monitor the number of purse seine sets on FADs (``FAD sets'') to 
determine if they are within the established limits. The existing 
requirement, at 50 CFR 300.218(g), only goes into effect when NMFS 
publishes a notice in the Federal Register announcing that it is in 
effect. NMFS has never issued such a notice because there is currently 
no limit on the number of FAD sets. NMFS expects that the proposed 
framework to implement Commission decisions, as described earlier in 
the preamble, could be used to establish limits on FAD sets in the 
future. NMFS proposes to revise the daily FAD reporting requirement to 
make the daily report process more efficient, if FAD limits are put in 
place. Under the proposed revisions, NMFS would remove the requirement 
for the publication of a Federal Register notice,

[[Page 43698]]

and instead allow NMFS to contact vessel owners or operators directly 
with instructions on the timing and submission of the reports. This 
would give NMFS more flexibility in specifying when the reports are 
required. NMFS anticipates directing vessel owners or operators to 
submit the reports only in periods during which limits on FAD sets are 
in place. Under the proposed revised reporting requirement, if directed 
by NMFS, the owner or operator of any fishing vessel of the United 
States equipped with purse seine gear must report to NMFS, within 24 
hours of the end of each day that the vessel is at sea in the 
Convention Area the number of purse seine sets that were made on FADs 
during the period and in the format and manner directed by the NMFS 
Pacific Islands Regional Administrator.

Proposed Specifications

    Using the framework proposed to be established at 50 CFR 300.227, 
as described above, NMFS proposes specifications to implement 
particular provisions of CMM 2014-01, ``Conservation and Management 
Measure for Bigeye, Yellowfin and Skipjack Tuna in the Western and 
Central Pacific Ocean,'' adopted at the Commission's Eleventh Regular 
Session, in December 2014. CMM 2014-01 is a successor to, and is only 
slightly modified from, CMM 2013-01. These and other WCPFC conservation 
and management measures are available at: www.wcpfc.int/conservation-and-management-measures.
    The stated general objective of CMM 2014-01, and several of its 
predecessor CMMs, is to ensure that the stocks of bigeye tuna, 
yellowfin tuna, and skipjack tuna in the WCPO are, at a minimum, 
maintained at levels capable of producing their maximum sustainable 
yield as qualified by relevant environmental and economic factors. CMM 
2014-01 includes specific objectives for each of the three stocks; the 
common objective is that the fishing mortality rate is to be reduced to 
or maintained at levels no greater than the fishing mortality rate 
associated with maximum sustainable yield.
    The provisions of CMM 2014-01 apply on the high seas and in EEZs in 
the Convention Area; that is, they do not apply in territorial seas or 
archipelagic waters.
    CMM 2014-01 went into effect February 3, 2015, and is generally 
applicable for the 2015-2017 period. The CMM includes provisions for 
purse seine vessels, longline vessels, and other types of vessels that 
fish for HMS.
    The specifications proposed here are for 2015 only. NMFS 
anticipates proposing specifications for subsequent years separately, 
and generally on a year-by-year basis.
    The only provisions of the CMM that would be implemented in the 
specifications proposed here are those related to restrictions on the 
use of FADs in purse seine fisheries. For reasons of timing, NMFS 
intends to implement the CMM's provisions for longline fisheries, 
specifically, the provisions requiring that longline catches of bigeye 
tuna in the Convention Area in 2015 be limited to specified levels, 
through a separate rulemaking that would not make use of the framework 
proposed in this document (the catch limit for 2015 would be 
established in regulations at 50 CFR 300.224, as done in previous 
years). However, for years subsequent to 2015, NMFS anticipates using 
the proposed framework to establish longline bigeye tuna catch limits, 
as well as to implement other Commission decisions.
    Below, the proposed specification related to purse seine FAD 
restrictions is introduced by describing the relevant provisions of CMM 
2014-01, or the ``Commission decision.'' That description is followed 
by a description of the basis for NMFS' proposed specification, and the 
proposed specification itself.

4. Purse Seine FAD Restrictions

    Commission decision: Paragraphs 14-19 of CMM 2014-01 require WCPFC 
members to implement certain restrictions on the use of FADs by purse 
seine fishing vessels. All the restrictions are to be applied in the 
Convention Area between the latitudes of 20[deg] N. and 20[deg] S.
    Paragraph 14 requires that WCPFC members prohibit specific 
activities related to FADs by their purse seine vessels during July 
through September (called a ``FAD prohibition period'' here) in each of 
2015, 2016, and 2017. Paragraphs 15-18 require that WCPFC members 
impose additional restrictions on the use of FADs in 2015, 2016, and 
2017, some of which are contingent on further Commission decision-
making. Until those decisions are taken, paragraphs 15-18, read in 
combination, mean that the United States must either add a fourth 
month, October, to the July-September FAD prohibition period in each of 
2015, 2016, 2017, or limit the number of FAD sets in each of those 
three years to 2,522. Finally, paragraph 18 also requires WCPFC members 
to prohibit setting on FADs on the high seas in the Convention Area in 
2017.
    Basis for proposed specification: To implement paragraphs 14-19 of 
CMM 2014-01 for 2015, NMFS proposes restrictions on the use of FADs by 
U.S. purse seine vessels as follows.
    In accordance with paragraph 14 of the CMM, in 2015 there would be 
a FAD prohibition period from July through September. NMFS has already 
established this three-month FAD prohibition period in regulations at 
50 CFR 300.223(b) (see final rule published December 2, 2014; 79 FR 
71327). It would be reiterated in the specification proposed here. In 
addition, NMFS proposes to implement the first of the two FAD-related 
options in paragraphs 15-18; that is, adding October to the FAD 
prohibition period, because NMFS believes it is the more cost-effective 
of the two options, taking into account the objectives of the CMM, the 
expected economic impacts on U.S. fishing operations and the nation as 
a whole, and expected environmental and other effects. The expected 
environmental and economic effects of both options are described in the 
PEA, RIR, and IRFA prepared for this proposed specification.
    The specific activities that would be prohibited during the FAD 
prohibition period in 2015 are the same as those during FAD prohibition 
periods established by NMFS since 2009 (see proposed specifications 
below).
    NMFS does not propose changes to the definition of a FAD, and it 
would remain as currently defined at 50 CFR 300.211. 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.
    Proposed specification for 2015: From July 1 through October 31, 
2015, owners, operators, and crew of fishing vessels of the United 
States shall not do any of the following activities in the Convention 
Area in the area between 20[deg] N. latitude and 20[deg] S. latitude:
    (1) Set a purse seine around a FAD or within one nautical mile 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 eight hours, or setting the 
purse seine in an area in which a FAD has been inspected or handled 
within the previous eight 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.

[[Page 43699]]

    (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) 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 (b) A FAD may be removed from 
the water and if removed may be cleaned, provided that it is not 
returned to the water.
    (5) From a purse seine vessel or any associated skiffs, other 
watercraft or equipment, do any of the following, except in 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: (a) Submerge lights under water; (b) suspend or 
hang lights over the side of the purse seine vessel, skiff, watercraft 
or equipment, or; (c) 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.

Classification

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

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 and specifications, if adopted, would have on 
small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained in the 
SUMMARY section of the preamble and in other sections of this 
SUPPLEMENTARY INFORMATION section of the preamble. The analysis 
follows:
Estimated Number of Small Entities Affected
    Small entities include ``small businesses,'' ``small 
organizations,'' and ``small governmental jurisdictions.'' The Small 
Business Administration (SBA) has established size standards for all 
major industry sectors in the United States, including commercial 
finfish harvesters (NAICS code 114111). A business primarily involved 
in finfish harvesting 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 $20.5 million for all its affiliated operations 
worldwide.
    The proposed rule and specifications would apply to owners and 
operators of U.S. fishing vessels used for commercial fishing for HMS 
in the Convention Area. With the exception of the requirement to obtain 
an IMO number, the substantive elements of the rule and specifications 
(i.e., those elements that could bring economic impacts to affected 
entities) would apply only to purse seine vessels. NMFS estimates that 
of all the U.S. fishing vessels to which the IMO number requirement 
would apply, only 7 do not already have an IMO number. Of the 7, 1 is a 
purse seine vessel, 4 are longline vessels, and 2 are troll vessels.
    The number of purse seine vessels that would be affected by the 
purse seine specifications is the number of vessels licensed under the 
Treaty on Fisheries between the Governments of Certain Pacific Island 
States and the Government of the United States of America (South 
Pacific Tuna Treaty, or SPTT). The current number of licensed vessels 
is 37. The maximum number allowed under the SPTT, apart from joint 
venture licenses, none of which have ever been issued, is 40.
    Thus, the fish harvesting entities that would be affected by the 
proposed rule and specifications include about 37 purse seine vessels, 
4 longline vessels, and 2 troll vessels.
    Based on (limited) available financial information about the 
affected fishing vessels and the SBA's small entity size standards for 
commercial finfish harvesters, and using individual vessels as proxies 
for individual businesses, NMFS believes that all the affected fish 
harvesting businesses are small entities. NMFS used average per-vessel 
returns over recent years to estimate annual revenue because gross 
receipts and ex-vessel price information specific to the affected 
vessels are not available to NMFS. For the purse seine fishery, NMFS 
estimates that the average annual receipts over 2010-2012 for each 
purse seine vessel were less than the $20.5 million threshold for 
finfish harvesting businesses (the greatest was about $19 million) 
based on the catches of each vessel in the purse seine fleet during 
that period, and indicative regional cannery prices developed by the 
Pacific Islands Forum Fisheries Agency (available at https://www.ffa.int/node/425#attachments). Since 2012, cannery prices have 
declined dramatically, so the vessels' revenues in 2013 and 2014 have 
very likely declined as well. For the longline fishery, the ex-vessel 
value of catches by the Hawaii longline fleet in 2012 was about $87 
million. With 129 active vessels in that year, per-vessel average 
revenues were about $0.7 million, well below the $20.5 million 
threshold for finfish harvesting businesses.
Recordkeeping, Reporting, and Other Compliance Requirements
    The recordkeeping, reporting, and other compliance requirements are 
discussed below for each of the main elements of the proposed rule and 
proposed specifications, as described earlier in the SUPPLEMENTARY 
INFORMATION section of the preamble. Fulfillment of these requirements 
is not expected to require any professional skills that the affected 
vessel owners and operators do not already possess. The costs of 
complying with the proposed requirements are described below to the 
extent possible:
1. Framework To Implement Commission Decisions
    The proposed framework would establish administrative procedures 
for implementing Commission decisions. It would not in itself establish 
any requirements for owners or operators of fishing vessels or other 
entities, so it is not discussed further in this IRFA.
2. Requirement To Obtain IMO Number
    The requirement to obtain an IMO number would be a one-time 
requirement; once a number has been issued for a vessel, the vessel 
would be in compliance for the remainder of its life, regardless of 
changes in ownership. Most entities that would be required to obtain an 
IMO number already have them. NMFS estimates that 7 fishing vessels 
(that are currently in the fishery) would initially be subject to the 
requirement, and projects that as fishing vessels enter the fishery in 
the future, roughly two per year would be required to obtain IMO 
numbers. Completing and submitting the application form (which can be 
done online and requires no fees) would take about 30 minutes per 
applicant, on average. Assuming a value of labor of approximately $26 
per hour and communication costs of about $1 per application, the (one-
time) cost to each entity would be about $14.

[[Page 43700]]

3. Other Regulatory Changes
    Among the proposed rule's other regulatory changes, only the change 
to the daily FAD reporting requirements has the potential to bring 
economic impacts to affected entities. Under the existing regulations, 
when NMFS triggers the daily FAD reporting requirement through an 
announcement in the Federal Register, the vessel owner or operator has 
to complete and submit the reports each day while the fishing vessel is 
at sea in the Convention Area. NMFS currently estimates this cost to be 
about $1,360 per vessel per year. Under the proposed change, the vessel 
owner or operator would have to complete and submit the reports only if 
and when directed by NMFS. Because the proposed purse seine FAD 
restrictions for 2015 do not include any FAD set limits, it is unlikely 
that NMFS would direct vessel operators to submit reports for 2015. 
Thus, the change would potentially reduce the reporting costs to 
affected purse seine entities during this period.
4. Purse Seine FAD Restrictions
    The proposed FAD prohibition period in July-October in 2015 would 
substantially constrain the manner in which purse seine fishing could 
be conducted in that period in the Convention Area; vessels would be 
able to set only on free, or ``unassociated,'' schools.
    The costs associated with the FAD restrictions cannot be 
quantitatively estimated, but the fleet's historical use of FADs can 
give a qualitative estimate of the costs. In the years 1997-2013, the 
proportion of sets made on FADs in the U.S. purse seine fishery ranged 
from less than 30 percent in some years to more than 90 percent in 
others. Thus, the importance of FAD sets in terms of profits appears to 
be quite variable over time, and is probably a function of many 
factors, including 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). Thus, the 
costs of complying with the FAD restrictions would depend on a variety 
of factors.
    In 2010-2013, the last 4 years for which complete data are 
available and for which there was 100 percent observer coverage, the 
U.S. WCPO purse seine fleet made about 39 percent of its sets on FADs. 
During the months when setting on FADs was allowed, the percentage was 
about 58 percent. The fact that the fleet has made such a substantial 
portion of its sets on FADs indicates that prohibiting the use of FADs 
for four months each year could bring substantial costs and/or revenue 
losses.
    To mitigate these impacts, vessel operators might choose to 
schedule their routine vessel and equipment maintenance during the FAD 
prohibition periods. However, the limited number of vessel maintenance 
facilities in the region might constrain vessel operators' ability to 
do this. It also is conceivable that some vessels might choose not to 
fish at all during the FAD prohibition periods rather than fish without 
the use of FADs. Observations of the fleet's behavior in 2009-2013, 
when FAD prohibition periods were in effect, do not suggest that either 
of these responses occurred to an appreciable degree. The proportion of 
the fleet that fished during the two- and three-month FAD prohibition 
periods of 2009-2013 did not appreciably differ from the proportion 
that fished during the same months in the years 1997-2008, when no FAD 
prohibition periods were in place.
    In summary, the economic impacts of the FAD prohibition period in 
2015 cannot be quantified, but they could be substantial. Their 
magnitude would depend in part on market conditions, ocean conditions 
and the magnitude of any limits on allowable levels of fishing effort 
in foreign EEZs and on the high seas in the Convention Area.
Disproportionate Impacts
    As indicated above, all affected entities are believed to be small 
entities, thus small entities would not be disproportionately affected 
relative to large entities. Nor would there be disproportionate 
economic impacts based on home port.
    As indicted above, there could be disproportionate impacts 
according to vessel type and size and the types of fishing permits 
held.
Duplicating, Overlapping, and Conflicting Federal Regulations
    NMFS has not identified any Federal regulations that duplicate, 
overlap with, or conflict with the proposed regulations, with the 
exception of a Federal regulation that duplicates to some extent the 
daily FAD reporting requirement that would be revised under the 
proposed rule. Existing regulations at 50 CFR 300.34 require that a 
record of catch, effort and other information must be maintained on 
board vessels licensed under the South Pacific Tuna Act, on catch 
report forms known as Regional Purse Seine Logsheets, or RPLs. The RPLs 
must be submitted to NMFS within two days of a vessel reaching port. 
The RPLs include the information that would be required to be reported 
under this proposed rule, such as, how many FAD sets were made on a 
given day. However, the timing of the RPL requirement is such that it 
would not provide NMFS with the information it needs to estimate and 
project FAD sets with respect to the proposed limit in a timely and 
reliable manner. For that reason, NMFS established the daily FAD 
reporting requirement that is duplicative in terms of the substance--
but not the timing--of one element of the existing RPL reporting 
requirement. Under the revision proposed in this rule, that duplication 
would remain.
Alternatives to the Proposed Provisions
    NMFS has sought to identify alternatives that would minimize the 
proposed provisions' economic impact on small entities (``significant 
alternatives''). Taking no action could result in lesser adverse 
economic impacts than the proposed action for many affected entities 
(but as described above, for some affected entities, the proposed 
provisions could be more economically beneficial than no-action), but 
NMFS has determined that the no-action alternative would fail to 
accomplish the objectives of the WCPFC Implementation Act, including 
satisfying the international obligations of the United States as a 
Contracting Party to the Convention, and NMFS does not prefer it for 
that reason. Alternatives identified for each of the main elements of 
the proposed rule and proposed specifications are discussed below:
1. Framework To Implement Commission Decisions
    The proposed framework would not in itself establish any 
requirements for owners or operators of fishing vessels or other 
entities, so would not bring economic impacts. Thus, NMFS has not 
identified any significant alternatives.
2. Requirement To Obtain IMO Number
    NMFS has not identified any significant alternatives to the IMO 
number requirement that would comport with U.S. obligations to 
implement the Commission decision regarding IMO numbers.
3. Other Regulatory Changes
    None of the other proposed regulatory changes are expected to bring 
adverse

[[Page 43701]]

economic impacts to affected entities, so NMFS has not identified any 
significant alternatives.
4. Purse Seine FAD Restrictions
    NMFS considered in detail one alternative to the proposed 
restrictions on the use of FADs. Under the alternative, purse seine 
vessels would be subject to a three-month (July-September) FAD 
prohibition period in 2015, and a limit of 2,522 FAD sets for the year. 
This alternative would be consistent with the options available to the 
United States under CMM 2014-01. The impacts of this alternative 
relative to those of the proposed action would depend on the total 
amount of fishing effort available to the U.S. purse seine fleet in the 
Convention Area in 2015. If total available fishing effort is 
relatively high, the proposed action would likely allow for more FAD 
sets than would this alternative, and thus likely cause lesser adverse 
impacts. The reverse would be the case for relatively low levels of 
total available fishing effort. For example, given the fleet's 
historical average FAD set ratio of 58 percent, and assuming an even 
distribution of sets throughout the year, the estimated ``breakeven'' 
point between the two alternatives would be 6,502 total available sets 
for the year. Although the amount of fishing effort that will be 
available to the fleet in the future, particularly under the SPTT, 
cannot be predicted with any certainty, 6,502 sets is substantially 
less than the amounts of fishing effort that have been available to the 
fleet since it has been operating under the SPTT. For that reason, NMFS 
expects that the proposed action likely would cause less severe 
economic impacts on the purse seine fleet and its participants than 
would this alternative, and NMFS prefers the proposed action for that 
reason.

Paperwork Reduction Act

    This proposed rule contains three collection-of-information 
requirements that are subject to review and approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA).
    The first collection has been submitted to OMB for review and 
approval under control number 0648-0595, ``Western and Central Pacific 
Fisheries Convention Vessel Information Family of Forms.'' This 
collection-of-information would be revised to include the requirement 
for the owners of certain fishing vessels to ensure that IMO numbers 
are issued for the vessels. This would be a one-time requirement; no 
renewals or updates would be required during the life of a vessel. A 
fishing vessel owner would request the issuance of an IMO number by 
submitting specific information about the vessel and its ownership and 
management to IHS Maritime, which issues IMO numbers on behalf of the 
International Maritime Organization. If a fishing vessel requires an 
exemption, the owner must provide the required information to NMFS. 
Providing the required information would bring a reporting burden of 
approximately 30 minutes per response.
    The second collection, requirements related to installing and 
operating vessel monitoring system units, has been approved by OMB 
under control number 0648-0596, ``Vessel Monitoring System Requirements 
under the Western and Central Pacific Fisheries Convention.'' Public 
reporting burden for the VMS requirements is estimated to average 5 
minutes per response for the activation reports and on/off reports, 4 
hours per response for VMS unit purchase and installation, and 1 hour 
per response for VMS unit maintenance.
    The third collection, the daily FAD reporting requirement, has been 
approved by OMB under control number 0648-0649, ``Transshipment 
Requirements under the WCPFC.'' Public reporting burden for the daily 
FAD report is estimated to average 10 minutes per response.
    These estimated response times include time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Send comments regarding these burden estimates, or any other aspect 
of the data collections, including whether the current and/or proposed 
collections are necessary for the performance of the functions of the 
agency, the accuracy of the agency's estimates of burden, ways to 
enhance the utility and clarity of information, and suggestions for 
reducing the burden, to Michael D. Tosatto, Regional Administrator, 
NMFS PIRO (see ADDRESSES) and by email to [email protected] 
or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 300

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

    Dated: July 17, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is 
proposed to be amended 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.  300.211, revise the definition of ``Fishing day'' to read 
as follows:

Sec.  300.211  Definitions.

* * * * *
    Fishing day means, for fishing vessels equipped with purse seine 
gear, any day in which a fishing vessel searches for fish, deploys a 
FAD, services a FAD, or sets a purse seine, with the exception of 
setting a purse seine solely for the purpose of testing or cleaning the 
gear and resulting in no catch.
* * * * *
0
3. In Sec.  300.217, add paragraph (c) to read as follows:


Sec.  300.217  Vessel identification.

* * * * *
    (c) IMO numbers. (1) For the purpose of this section, an IMO number 
is the unique number issued for a vessel under the ship identification 
number scheme established by the International Maritime Organization 
or, for vessels that are not strictly subject to that scheme, the 
unique number issued by the administrator of that scheme using the 
scheme's numbering format, sometimes known as a Lloyd's Register number 
or LR number.
    (2) The owner of a fishing vessel of the United States used for 
commercial fishing for HMS in the Convention Area, either on the high 
seas or in waters under the jurisdiction of any nation other than the 
United States, shall request and obtain an IMO number for the vessel if 
the gross tonnage of the vessel, as indicated on the vessel's current 
Certificate of Documentation issued under 46 CFR part 67, is at least 
100 GRT or 100 GT ITC. An IMO number may be requested for a vessel by 
following the instructions given by the administrator of the IMO ship 
identification number scheme; those instructions are currently 
available on

[[Page 43702]]

the Web site of IHS Maritime, at: www.imonumbers.lrfairplay.com/default.aspx.
    (3) In the event that the owner of a fishing vessel subject to the 
requirement of paragraph (c)(2) of this section, after following the 
instructions given by the administrator of the IMO ship identification 
number scheme, is unable to obtain an IMO number for the fishing 
vessel, the fishing vessel owner may request an exemption from the 
requirement from the Pacific Islands Regional Administrator. The 
request must be sent by mail to the Pacific Islands Regional 
Administrator or by email to [email protected] and must include the 
vessel's name, the vessel's official number, a description of the steps 
taken to request an IMO number, and a description of any responses from 
the administrator of the IMO ship identification number scheme.
    (4) Upon receipt of a request for an exemption under paragraph 
(c)(3) of this section, the Pacific Islands Regional Administrator 
will, to the extent he or she determines appropriate, assist the 
fishing vessel owner in requesting an IMO number. If the Pacific 
Islands Regional Administrator determines that it is infeasible or 
impractical for the fishing vessel owner to obtain an IMO number for 
the fishing vessel, he or she will issue an exemption from the 
requirements of paragraph (c)(2) of this section for the subject 
fishing vessel and its owner and notify the fishing vessel owner of the 
exemption. The Pacific Islands Regional Administrator may limit the 
duration of the exemption. The Pacific Islands Regional Administrator 
may rescind an exemption at any time. If an exemption is rescinded, the 
fishing vessel owner must comply with the requirements of paragraph 
(c)(2) of this section within 30 days of being notified of the 
rescission. If the ownership of a fishing vessel changes, an exemption 
issued to the former fishing vessel owner becomes void.
0
4. In Sec.  300.218, revise paragraph (g) to read as follows:


Sec.  300.218  Reporting and recordkeeping requirements.

* * * * *
    (g) Daily FAD reports. If directed by NMFS, the owner or operator 
of any fishing vessel of the United States equipped with purse seine 
gear must report to NMFS, for the period and in the format and manner 
directed by the Pacific Islands Regional Administrator, within 24 hours 
of the end of each day that the vessel is at sea in the Convention 
Area, the number of purse seine sets were made on FADs during that day.
* * * * *
0
5. In Sec.  300.219, revise paragraphs (c)(1) and (5) to read as 
follows:


Sec.  300.219  Vessel monitoring system.

* * * * *
    (c) * * *
    (1) VMS unit. The vessel owner and operator shall install and 
maintain on the fishing vessel, in accordance with instructions 
provided by the SAC and the VMS unit manufacturer, a VMS unit that is 
type-approved by NMFS for fisheries governed under the Act. The vessel 
owner and operator shall arrange for a NMFS-approved mobile 
communications service provider to receive and relay transmissions from 
the VMS unit to NMFS. NMFS makes available lists of type-approved VMS 
units and approved mobile communications service providers. NMFS and 
the Commission are authorized to receive and relay transmissions from 
the VMS unit.
* * * * *
    (5) Related VMS requirements. Installing, carrying and operating a 
VMS unit in compliance with the requirements in part 300 of this title, 
part 660 of this title, or part 665 of this title relating to the 
installation, carrying, and operation of VMS units shall be deemed to 
satisfy the requirements of paragraph (c) of this section, provided 
that the VMS unit is operated continuously and at all times while the 
vessel is at sea, the VMS unit is type-approved by NMFS for fisheries 
governed under the Act, and the specific requirements of paragraph 
(c)(4) of this section are complied with. If the VMS unit is owned by 
NMFS, the requirement under paragraph (c)(4) of this section to repair 
or replace the VMS unit will be the responsibility of NMFS, but the 
vessel owner and operator shall be responsible for ensuring that the 
VMS unit is operable before leaving port or starting the next trip.
* * * * *
0
6. In Sec.  300.222:
0
a. Remove paragraphs (x) and (z);
0
b. Redesignate paragraphs (y) and (aa) as paragraphs (x) and (y), 
respectively;
0
c. Redesignate paragraphs (bb) through (ww) as (z) through (uu), 
respectively; and
0
d. Add paragraphs (vv) and (ww) to read as follows:


Sec.  300.222  Prohibitions.

* * * * *
    (vv) Fail to obtain an IMO number for a fishing vessel as required 
in Sec.  300.217(c).
    (ww) Fail to comply with any of the limits, restrictions, 
prohibitions, or requirements specified under Sec.  300.227.

0
7. In Sec.  300.223, revise paragraph (d), and remove and reserve 
paragraph (e) to read as follows:


Sec.  300.223  Purse seine fishing restrictions.

* * * * *
    (d) Catch retention. An owner and operator of a fishing vessel of 
the United States equipped with purse seine gear must ensure the 
retention on board at all times while at sea within the Convention Area 
any bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), 
or skipjack tuna (Katsuwonus pelamis), except in the following 
circumstances and with the following conditions:
    (1) Fish that are unfit for human consumption, including but not 
limited to fish that are spoiled, pulverized, severed, or partially 
consumed at the time they are brought on board, may be discarded.
    (2) If at the end of a fishing trip there is insufficient well 
space to accommodate all the fish captured in a given purse seine set, 
fish captured in that set may be discarded, provided that no additional 
purse seine sets are made during the fishing trip.
    (3) If a serious malfunction of equipment occurs that necessitates 
that fish be discarded.
    (e) [Reserved]
* * * * *
0
8. Add Sec.  300.227 to subpart O to read as follows:


Sec.  300.227  Framework for catch and fishing effort limits.

    (a) General. To implement conservation and management measures 
adopted by the Commission, the Pacific Islands Regional Administrator 
may specify limits on catch or fishing effort by fishing vessels of the 
United States in the Convention Area, and other fishing-related 
restrictions and requirements (collectively called ``limits''). The 
limits will be designed to satisfy the obligations of the United States 
with respect to particular provisions of Commission-adopted 
conservation and management measures. For each specified limit, the 
Pacific Islands Regional Administrator will specify the area and period 
in which it applies, and as appropriate, the vessel types, gear types, 
species, fish sizes, and any other relevant attributes to which it 
applies. In addition to quantitative limits on catches and fishing 
effort, the Pacific Islands Regional Administrator may specify areas or 
periods in which particular fishing activities are restricted or

[[Page 43703]]

prohibited, and other fishing-related requirements. For each specified 
quantitative limit, the Pacific Islands Regional Administrator will 
also specify the prohibitions and requirements that would go into 
effect after the limit is reached and the applicable dates of those 
prohibitions.
    (b) Application in territorial seas and archipelagic waters. Unless 
stated otherwise in particular specifications, the limits specified 
under the framework shall not apply in the territorial seas or 
archipelagic waters of the United States or any other nation, as 
defined by the domestic laws and regulations of that nation and 
recognized by the United States.
    (c) Types of limits. The types of limits that may be specified 
under this section include, but are not limited to:
    (1) Limits on the weight or number of fish or other living marine 
resources of specific types and/or sizes that may be caught, retained, 
transshipped, landed, and/or sold;
    (2) Limits on the amount of fishing effort that may be expended, 
such as the amount of time vessels spend at sea (e.g., days at sea) or 
engaged in fishing (e.g., fishing days), the amount of time vessels 
spend engaged in particular fishing activities (e.g., trolling hours), 
and the quantity of specific fishing activities (e.g., number of hooks 
set; number of longline sets or purse seine sets; number of purse seine 
sets made on FADs; number of FADs deployed); and
    (3) Areas or periods in which particular activities are restricted 
or prohibited, such as periods during which it is prohibited to set 
purse seines on FADs or to use FADs in specific other ways.
    (d) U.S. and territorial fisheries. For the purpose of 
distinguishing the fisheries of the United States and the fisheries of 
the United States territories from each other under limits specified 
under this section, as needed to implement Commission conservation and 
management measures, such as to determine the vessels to which a 
specified limit applies or to attribute catch or fishing effort against 
a specified limit, all fishing activity of a fishing vessel of the 
United States, including its catch and fishing effort, is, for the 
purpose of this section, considered part of a fishery of the United 
States except as follows:
    (1) Except as provided in paragraphs (d)(2) and (d)(3) of this 
section, if catch is landed in American Samoa, Guam, or the 
Commonwealth of the Northern Mariana Islands, the catch and associated 
fishing effort are considered part of a fishery of the territory in 
which it is landed, provided that:
    (i) It was not caught using purse seine gear;
    (ii) It was not caught in any portion of the EEZ other than the 
portion of the EEZ surrounding the territory in which it was landed; 
and
    (iii) It was landed by a fishing vessel operated in compliance with 
a valid permit issued under Sec.  660.707 or Sec.  665.801 of this 
title.
    (2) Except as provided in paragraph (d)(3) of this section, if 
catch is made by longline gear by a vessel registered for use under a 
valid American Samoa Longline Limited Access Permit issued under Sec.  
665.801(c) of this title, the catch and associated fishing effort are 
considered part of a fishery of American Samoa, provided that:
    (i) It was not caught in any portion of the EEZ other than the 
portion of the EEZ surrounding American Samoa; and
    (ii) It was landed by a fishing vessel operated in compliance with 
a valid permit issued under Sec.  660.707 or Sec.  665.801 of this 
title.
    (3) If catch or fishing effort is made by a vessel that is included 
in a specified fishing agreement under Sec.  665.819(c) of this title, 
the catch and associated fishing effort are considered part of a 
fishery of American Samoa, Guam, or the Commonwealth of the Northern 
Mariana Islands, according to the terms of the agreement to the extent 
the agreement is consistent with Sec.  665.819(c) of this title and 
other applicable laws, provided that:
    (i) The start date specified in Sec.  665.819(c)(9)(i) of this 
title has occurred or passed; and
    (ii) NMFS has not made a determination under Sec.  
665.819(c)(9)(iii) of this title that the catch or fishing effort 
exceeds any limit allocated to the territory that is a party to the 
agreement.
    (e) Allocation of limits among sectors or vessels. (1) The Pacific 
Islands Regional Administrator may allocate a Commission-mandated limit 
among particular sectors or groups of fishing vessels of the United 
States, such as for vessels that use different types of fishing gear. 
In other words, the Pacific Islands Regional Administrator may specify 
separate limits for different sectors or groups of fishing vessels even 
when not required to do so under the Commission's conservation and 
management measures.
    (2) The Pacific Islands Regional Administrator may not, under this 
framework, allocate a Commission-mandated limit among individual 
fishing vessels of the United States. In other words, the Pacific 
Islands Regional Administrator may not, under this framework, specify 
limits for individual fishing vessels of the United States, except in 
the case where there is only one fishing vessel in a sector or group of 
fishing vessels that is subject to the limit. This does not preclude 
NMFS from allocating Commission-mandated limits among individual 
fishing vessels through other regulations.
    (f) Procedures for specifying limits. (1) For each specified limit, 
the Pacific Islands Regional Administrator will publish in the Federal 
Register a notice of the proposed catch or fishing effort limit 
specification and a request for public comment on the proposed 
specification, unless exempted under the Administrative Procedure Act, 
5 U.S.C. 553. The specification will include the characteristics of the 
limit and the restrictions that will go into effect if the limit is 
reached.
    (2) For each specified limit that is subject to prior notice and 
public comment, the Pacific Islands Regional Administrator will 
consider any public comment received on the proposed specification, and 
publish in the Federal Register a notice of the final catch or fishing 
effort limit specification, if appropriate.
    (g) Notification of limits being reached. For quantitative limits, 
NMFS will monitor catch or fishing effort with respect to the specified 
limit using data submitted in vessel logbooks and other available 
information. When NMFS estimates or projects that the specified limit 
has or will be reached, the Pacific Islands Regional Administrator will 
publish notification to that effect in the Federal Register.
    (h) Prohibitions after limit is reached. For quantitative limits, 
the Federal Register notice published under paragraph (g) of this 
section will include an advisement that specific activities will be 
prohibited during a specific period. The notice will specify the 
prohibitions and their start and end dates. The start date of the 
prohibitions may not be earlier than 7 days after the date of filing 
for public inspection at the Office of the Federal Register the notice 
to be published under paragraph (g) of this section. The prohibited 
activities may include, but are not limited to, possessing, retaining 
on board, transshipping, landing, or selling specific types and/or 
sizes of fish or other living marine resources, and fishing with 
specified gear types or methods in specified areas. The Pacific Islands 
Regional Administrator may, based on revised estimates or projections 
of catch or fishing effort with respect to specified limits, rescind or 
modify the prohibitions specified

[[Page 43704]]

under this section. The Pacific Islands Regional Administrator will 
publish notice of any such rescissions or modifications in the Federal 
Register.

[FR Doc. 2015-18050 Filed 7-22-15; 8:45 am]
 BILLING CODE 3510-22-P
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules 43695

Fish Stocks in the Western and Central establish specific requirements and management. Such conditions exist in
Pacific Ocean (Convention) focuses on restrictions. Under the framework, the context of the Convention because
the conservation and management of NMFS would issue and seek public the Commission makes decisions that
highly migratory species (HMS) and the comment on proposed specifications must be implemented by its members
management of fisheries for HMS. The through announcements in the Federal quickly—often within 60 days of the
objective of the Convention is to ensure, Register, and subsequently issue final decision. The framework proposed here
through effective management, the long- specifications through announcements would allow NMFS to implement
term conservation and sustainable use in the Federal Register. The Commission decisions more rapidly
of HMS in the WCPO. To accomplish specifications would be designed to than it would be able to without such
this objective, the Convention satisfy the obligations of the United a framework. The proposed framework,
established the Commission, which States with respect to particular which would be codified at 50 CFR part
includes Members, Cooperating Non- provisions of conservation and 300, subpart O, contains the parameters
members, and Participating Territories. management measures adopted by the within which NMFS could take specific
The United States of America is a Commission. The specifications could actions, including the types of actions it
Member. American Samoa, Guam, and include fishing effort limits, catch could take, as well as the procedures for
the Commonwealth of the Northern limits, and other restrictions on doing so. Limits implemented by NMFS
Mariana Islands are Participating particular fishing activities during under the proposed framework, called
Territories. specific periods and/or in specific areas. ‘‘specifications,’’ would be announced
As a Contracting Party to the This proposed action is described in in the Federal Register. Except when
Convention and a Member of the the following sections under four warranted and allowed by law,
Commission, the United States is categories. The first three categories are specifications would be subject to prior
obligated to implement conservation regulatory changes, and include: (1) public notice and comment. The limits
and management measures adopted by Framework to implement Commission specified under the framework would
the Commission and other decisions of decisions; (2) requirement to obtain IMO likely, but not always, be time-limited.
the Commission. The WCPFC number; and (3) other regulatory Types and details of limits: The types
Implementation Act (16 U.S.C. 6901 et changes. The last category proposes of limits that would be specified under
seq.), authorizes the Secretary of specifications for the purse seine fishery the framework include quantitative
Commerce, in consultation with the for 2015; specifically: (4) purse seine limits on the weight or number of fish
Secretary of State and the Secretary of fish aggregation device (FAD) that may be caught, retained,
the Department in which the United restrictions. transshipped, landed, and/or sold;
States Coast Guard is operating quantitative limits on the amount of
Regulatory Changes
(currently the Department of Homeland fishing effort that may be expended,
Security), to promulgate such This proposed rule includes several such as in terms of amounts of time
regulations as may be necessary to carry elements, described in detail below, that vessels spend at sea or engaged in
out the obligations of the United States would be included in the regulations at fishing or engaged in particular fishing
under the Convention, including the 50 CFR part 300 Subpart O under three activities or other measures of fishing
decisions of the Commission. The categories. The first would establish a effort, such as the number of gear sets
WCPFC Implementation Act further framework to implement Commission or deployments of gear; and restrictions
provides that the Secretary of Commerce decisions, the second would require that or prohibitions on particular fishing
shall ensure consistency, to the extent certain fishing vessels be issued IMO activities in certain areas and/or
practicable, of fishery management numbers, and the third would make periods.
programs administered under the changes to several existing regulations Most recent Commission decisions do
WCPFC Implementation Act and the to implement Commission decisions, not apply in territorial seas or
Magnuson-Stevens Fishery some of which are administrative in archipelagic waters. Accordingly, the
Conservation and Management Act nature. framework regulations would state that
(MSA; 16 U.S.C. 1801 et seq.), as well any specified limit would not—unless
1. Framework To Implement otherwise indicated in the
as other specific laws (see 16 U.S.C.
Commission Decisions specification—apply in the territorial
6905(b)). The Secretary of Commerce
has delegated the authority to The proposed rule would establish a seas or archipelagic waters of the United
promulgate regulations under the framework under which NMFS would States or any other nation, as defined by
WCPFC Implementation Act to NMFS. specify fishing effort limits, catch limits, the domestic laws and regulations of
A map showing the boundaries of the and other restrictions and requirements that nation and recognized by the
area of application of the Convention in U.S. fisheries for HMS in the United States. If a Commission decision
(Convention Area), which comprises the Convention Area to implement does apply in territorial seas and/or
majority of the WCPO, can be found on particular decisions of the Commission. archipelagic waters, the specification
the WCPFC Web site at: www.wcpfc.int/ The framework would not be used to issued by NMFS to implement that
doc/convention-area-map. implement all Commission decisions, decision would specify that it does
but rather those that are amenable to the apply in those areas.
Implementation of Commission framework process, such as quantitative For each limit specified under the
Decisions fishing effort limits and catch limits, framework, NMFS would identify the
To date NMFS has implemented the and spatial and/or temporal restrictions area and period in which it applies, and
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Commission’s decisions through on specific fishing activities. For the as appropriate, the vessel types, gear
regulations establishing specific purpose of describing the proposed types, species, fish sizes, and any other
requirements, restrictions, and framework, all such restrictions and relevant attributes to which it applies.
prohibitions. This proposed rule requirements are called ‘‘limits.’’ For spatial or temporal limits, NMFS
includes several such specific Purpose of framework: The purpose of would also specify the specific activities
regulations, and it also includes more a framework is to make it possible to that would be restricted in the area or
general regulations that would establish manage fisheries more responsively period, and for quantitative limits,
a framework within which NMFS could under conditions requiring ‘‘real time’’ NMFS would specify the restrictions

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number except that the former refers to seine vessels carry WCPFC observers on being implemented at the time, CMM
the number issued for a vessel that is fishing trips in the Convention Area (50 2008–01, which included a qualifier
not required—under IMO agreements— CFR 300.223(e)) because the applicable that the catch retention requirements
to be issued an IMO number. The dates of the requirements, which were subject to implementation by
administrator of the IMO ship extended through December 31, 2014, Commission members of 100 percent
identification number scheme issues have passed. NMFS emphasizes that observer coverage for purse seine
both types of numbers using the same U.S. purse seine vessels operating in the vessels. However, CMM 2014–01, a
numbering scheme. Hereafter in this Convention Area are, and will likely successor to CMM 2008–01, which is
proposed rule, ‘‘IMO number’’ is used to continue to be, subject to requirements currently in effect, does not include any
refer to both IMO numbers and Lloyd’s to carry WCPFC observers under the such qualifier for the catch retention
Register numbers. Currently, IMO current regulations at 50 CFR 300.215. requirements. Thus, this proposed rule
numbers are issued on behalf of the IMO Under this section, U.S. fishing vessels would remove paragraphs (1) and (2) of
by IHS Maritime, the current operating in the Convention Area must 50 CFR 300.223(d), which contain the
administrator of the IMO ship carry a WCPFC observer when directed contingencies.
identification number scheme. to do so by NMFS. NMFS has issued Fourth, this rule proposes to make
For each of the subject fishing vessels such directions to purse seine vessel changes to the requirements related to
described above, this proposed rule owners for 2015, and anticipates doing the installation and operation of vessel
would require that the owner of the so in subsequent years. monitoring system (VMS) units on
fishing vessel ensure that an IMO Second, this rule proposes to revise fishing vessels that are used to fish
number has been issued for the vessel. the definition of ‘‘fishing day’’ to commercially for HMS on the high seas
Furthermore, satisfying this remove the reference to 50 CFR 300.223. in the Convention Area. The current
requirement, if applicable, would be As currently defined at 50 CFR 300.211, regulations at 50 CFR 300.219 require
made a prerequisite for eligibility to the term applies only to the regulations the owner and the operator (i.e., the
receive a WCPFC Area Endorsement. at 50 CFR 300.223, ‘‘Purse seine fishing master or other individual aboard and in
The WCPFC Area Endorsement is the restrictions,’’ which establish limits on charge of the vessel) of any such vessel
endorsement required—along with a purse seine fishing effort, restrictions on to expressly authorize NMFS and the
high seas fishing permit—for a U.S. the use of FADs, and other restrictions Commission to receive and relay
fishing vessel to be used for commercial that apply to purse seine fishing. transmissions from the VMS unit.
fishing for HMS on the high seas in the Because under this proposed rule some NMFS proposes to revise those
Convention Area (see 50 CFR 300.212). restrictions of those types would be regulations to provide NMFS and the
If not already issued, the vessel owner established under a new regulatory Commission with an implicit
may request that an IMO number be section devoted to the framework, authorization to receive and relay
issued by following the instructions NMFS proposes to revise the term transmissions from the unit. In other
given by IHS Maritime, available at: ‘‘fishing day’’ to apply more broadly to words, under the proposed change, an
www.imonumbers.lrfairplay.com/ all the regulations in 50 CFR part 300 explicit written authorization from the
default.aspx. There is no fee for making subpart O, but it would continue to be vessel owner and operator would not be
such a request or having an IMO limited to the activities of purse seine needed for NMFS and the Commission
number issued, but specific information fishing vessels. Under this proposed to receive and relay transmissions from
about the fishing vessel and its rule, ‘‘fishing day’’ would mean, for the VMS unit. NMFS recognizes this
ownership and management must be fishing vessels equipped with purse requirement is an unnecessary step and
provided to the administrator of the seine gear, any day in which a fishing therefore is proposing to remove this
scheme. vessel searches for fish, deploys a FAD, requirement.
Because IHS Maritime is not affiliated services a FAD, or sets a purse seine, Finally, this rule proposes changes to
with the U.S. government and its with the exception of setting a purse the requirement for the owners or
actions are outside the control of NMFS seine solely for the purpose of testing or operators of U.S. purse seine vessels to
and the U.S. government, the proposed cleaning the gear and resulting in no submit to NMFS daily reports on how
rule includes a process for fishing vessel catch. many sets were made on FADs. These
owners to claim to NMFS that they are Third, this rule proposes to remove reports enable NMFS to monitor the
unable—through no fault of their own— certain elements of the existing number of purse seine sets on FADs
to obtain IMO numbers. NMFS would regulations that require purse seine (‘‘FAD sets’’) to determine if they are
review the claim, assist the fishing vessels in the Convention Area to retain within the established limits. The
vessel owner as appropriate, and if it on board all the catch of three species existing requirement, at 50 CFR
determines that it is infeasible or of tuna (bigeye tuna, yellowfin tuna, and 300.218(g), only goes into effect when
impractical for the fishing vessel owner skipjack tuna), with certain exceptions NMFS publishes a notice in the Federal
to comply with the requirement, NMFS (50 CFR 300.223(d)), because they are Register announcing that it is in effect.
would issue an exemption from the obsolete. When the first version of these NMFS has never issued such a notice
requirement for a specific or indefinite regulations was established in 2009 because there is currently no limit on
amount of time. The exemption would (final rule published August 4, 2009; 74 the number of FAD sets. NMFS expects
become void if ownership of the fishing FR 38544), the catch retention that the proposed framework to
vessel changes. requirements were made contingent on implement Commission decisions, as
a continuing determination by NMFS described earlier in the preamble, could
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3. Other Regulatory Changes that there are an adequate number of be used to establish limits on FAD sets
The proposed rule includes several WCPFC observers available for the purse in the future. NMFS proposes to revise
other changes to the existing regulations seine vessels of all members of the the daily FAD reporting requirement to
to enhance clarity and promote Commission as necessary to ensure make the daily report process more
efficiency, some of which are compliance by such vessels with the efficient, if FAD limits are put in place.
administrative in nature. catch retention requirements. This Under the proposed revisions, NMFS
First, this rule proposes to remove the contingency was based on the would remove the requirement for the
regulations requiring that U.S. purse provisions of the Commission decision publication of a Federal Register notice,

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and instead allow NMFS to contact The specifications proposed here are Basis for proposed specification: To
vessel owners or operators directly with for 2015 only. NMFS anticipates implement paragraphs 14–19 of CMM
instructions on the timing and proposing specifications for subsequent 2014–01 for 2015, NMFS proposes
submission of the reports. This would years separately, and generally on a restrictions on the use of FADs by U.S.
give NMFS more flexibility in year-by-year basis. purse seine vessels as follows.
specifying when the reports are The only provisions of the CMM that In accordance with paragraph 14 of
required. NMFS anticipates directing would be implemented in the the CMM, in 2015 there would be a FAD
vessel owners or operators to submit the specifications proposed here are those prohibition period from July through
reports only in periods during which related to restrictions on the use of September. NMFS has already
limits on FAD sets are in place. Under FADs in purse seine fisheries. For established this three-month FAD
the proposed revised reporting reasons of timing, NMFS intends to prohibition period in regulations at 50
requirement, if directed by NMFS, the implement the CMM’s provisions for CFR 300.223(b) (see final rule published
owner or operator of any fishing vessel longline fisheries, specifically, the December 2, 2014; 79 FR 71327). It
of the United States equipped with provisions requiring that longline would be reiterated in the specification
purse seine gear must report to NMFS, catches of bigeye tuna in the Convention proposed here. In addition, NMFS
within 24 hours of the end of each day Area in 2015 be limited to specified proposes to implement the first of the
that the vessel is at sea in the levels, through a separate rulemaking two FAD-related options in paragraphs
Convention Area the number of purse that would not make use of the 15–18; that is, adding October to the
seine sets that were made on FADs framework proposed in this document FAD prohibition period, because NMFS
during the period and in the format and (the catch limit for 2015 would be believes it is the more cost-effective of
manner directed by the NMFS Pacific established in regulations at 50 CFR the two options, taking into account the
Islands Regional Administrator. 300.224, as done in previous years). objectives of the CMM, the expected
However, for years subsequent to 2015, economic impacts on U.S. fishing
Proposed Specifications operations and the nation as a whole,
NMFS anticipates using the proposed
Using the framework proposed to be framework to establish longline bigeye and expected environmental and other
established at 50 CFR 300.227, as tuna catch limits, as well as to effects. The expected environmental and
described above, NMFS proposes implement other Commission decisions. economic effects of both options are
specifications to implement particular described in the PEA, RIR, and IRFA
Below, the proposed specification
provisions of CMM 2014–01, prepared for this proposed specification.
related to purse seine FAD restrictions The specific activities that would be
‘‘Conservation and Management is introduced by describing the relevant
Measure for Bigeye, Yellowfin and prohibited during the FAD prohibition
provisions of CMM 2014–01, or the period in 2015 are the same as those
Skipjack Tuna in the Western and ‘‘Commission decision.’’ That
Central Pacific Ocean,’’ adopted at the during FAD prohibition periods
description is followed by a description established by NMFS since 2009 (see
Commission’s Eleventh Regular Session, of the basis for NMFS’ proposed
in December 2014. CMM 2014–01 is a proposed specifications below).
specification, and the proposed NMFS does not propose changes to
successor to, and is only slightly specification itself. the definition of a FAD, and it would
modified from, CMM 2013–01. These
4. Purse Seine FAD Restrictions remain as currently defined at 50 CFR
and other WCPFC conservation and
300.211. Although the definition of a
management measures are available at: Commission decision: Paragraphs 14– FAD does not include a vessel, the
www.wcpfc.int/conservation-and- 19 of CMM 2014–01 require WCPFC restrictions during the FAD prohibition
management-measures. members to implement certain periods would include certain activities
The stated general objective of CMM restrictions on the use of FADs by purse related to fish that have aggregated in
2014–01, and several of its predecessor seine fishing vessels. All the restrictions association with a vessel, or drawn by
CMMs, is to ensure that the stocks of are to be applied in the Convention Area a vessel, as described below.
bigeye tuna, yellowfin tuna, and between the latitudes of 20° N. and 20° Proposed specification for 2015: From
skipjack tuna in the WCPO are, at a S. July 1 through October 31, 2015,
minimum, maintained at levels capable Paragraph 14 requires that WCPFC owners, operators, and crew of fishing
of producing their maximum members prohibit specific activities vessels of the United States shall not do
sustainable yield as qualified by related to FADs by their purse seine any of the following activities in the
relevant environmental and economic vessels during July through September Convention Area in the area between
factors. CMM 2014–01 includes specific (called a ‘‘FAD prohibition period’’ 20° N. latitude and 20° S. latitude:
objectives for each of the three stocks; here) in each of 2015, 2016, and 2017. (1) Set a purse seine around a FAD or
the common objective is that the fishing Paragraphs 15–18 require that WCPFC within one nautical mile of a FAD.
mortality rate is to be reduced to or members impose additional restrictions (2) Set a purse seine in a manner
maintained at levels no greater than the on the use of FADs in 2015, 2016, and intended to capture fish that have
fishing mortality rate associated with 2017, some of which are contingent on aggregated in association with a FAD or
maximum sustainable yield. further Commission decision-making. a vessel, such as by setting the purse
The provisions of CMM 2014–01 Until those decisions are taken, seine in an area from which a FAD or
apply on the high seas and in EEZs in paragraphs 15–18, read in combination, a vessel has been moved or removed
the Convention Area; that is, they do not mean that the United States must either within the previous eight hours, or
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apply in territorial seas or archipelagic add a fourth month, October, to the setting the purse seine in an area in
waters. July–September FAD prohibition period which a FAD has been inspected or
CMM 2014–01 went into effect in each of 2015, 2016, 2017, or limit the handled within the previous eight
February 3, 2015, and is generally number of FAD sets in each of those hours, or setting the purse seine in an
applicable for the 2015–2017 period. three years to 2,522. Finally, paragraph area into which fish were drawn by a
The CMM includes provisions for purse 18 also requires WCPFC members to vessel from the vicinity of a FAD or a
seine vessels, longline vessels, and other prohibit setting on FADs on the high vessel.
types of vessels that fish for HMS. seas in the Convention Area in 2017. (3) Deploy a FAD into the water.

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(4) Repair, clean, maintain, or major industry sectors in the United cannery prices developed by the Pacific
otherwise service a FAD, including any States, including commercial finfish Islands Forum Fisheries Agency
electronic equipment used in harvesters (NAICS code 114111). A (available at https://www.ffa.int/node/
association with a FAD, in the water or business primarily involved in finfish 425#attachments). Since 2012, cannery
on a vessel while at sea, except that: (a) harvesting is classified as a small prices have declined dramatically, so
A FAD may be inspected and handled business if it is independently owned the vessels’ revenues in 2013 and 2014
as needed to identify the FAD, identify and operated, is not dominant in its have very likely declined as well. For
and release incidentally captured field of operation (including its the longline fishery, the ex-vessel value
animals, un-foul fishing gear, or prevent affiliates), and has combined annual of catches by the Hawaii longline fleet
damage to property or risk to human receipts not in excess of $20.5 million in 2012 was about $87 million. With
safety; and (b) A FAD may be removed for all its affiliated operations 129 active vessels in that year, per-
from the water and if removed may be worldwide. vessel average revenues were about $0.7
cleaned, provided that it is not returned The proposed rule and specifications million, well below the $20.5 million
to the water. would apply to owners and operators of threshold for finfish harvesting
(5) From a purse seine vessel or any U.S. fishing vessels used for commercial businesses.
associated skiffs, other watercraft or fishing for HMS in the Convention Area.
equipment, do any of the following, With the exception of the requirement Recordkeeping, Reporting, and Other
except in emergencies as needed to to obtain an IMO number, the Compliance Requirements
prevent human injury or the loss of substantive elements of the rule and
specifications (i.e., those elements that The recordkeeping, reporting, and
human life, the loss of the purse seine
could bring economic impacts to other compliance requirements are
vessel, skiffs, watercraft or aircraft, or
affected entities) would apply only to discussed below for each of the main
environmental damage: (a) Submerge
lights under water; (b) suspend or hang purse seine vessels. NMFS estimates elements of the proposed rule and
lights over the side of the purse seine that of all the U.S. fishing vessels to proposed specifications, as described
vessel, skiff, watercraft or equipment, which the IMO number requirement earlier in the SUPPLEMENTARY
would apply, only 7 do not already have INFORMATION section of the preamble.
or; (c) direct or use lights in a manner
other than as needed to illuminate the an IMO number. Of the 7, 1 is a purse Fulfillment of these requirements is not
deck of the purse seine vessel or seine vessel, 4 are longline vessels, and expected to require any professional
associated skiffs, watercraft or 2 are troll vessels. skills that the affected vessel owners
equipment, to comply with navigational The number of purse seine vessels and operators do not already possess.
requirements, and to ensure the health that would be affected by the purse The costs of complying with the
and safety of the crew. seine specifications is the number of proposed requirements are described
vessels licensed under the Treaty on below to the extent possible:
Classification Fisheries between the Governments of
Certain Pacific Island States and the 1. Framework To Implement
The Administrator, Pacific Islands Commission Decisions
Region, NMFS, has determined that this Government of the United States of
proposed rule and these proposed America (South Pacific Tuna Treaty, or The proposed framework would
specifications are consistent with the SPTT). The current number of licensed establish administrative procedures for
WCPFC Implementation Act and other vessels is 37. The maximum number implementing Commission decisions. It
applicable laws, subject to further allowed under the SPTT, apart from would not in itself establish any
consideration after public comment. joint venture licenses, none of which requirements for owners or operators of
have ever been issued, is 40. fishing vessels or other entities, so it is
Executive Order 12866 Thus, the fish harvesting entities that
not discussed further in this IRFA.
This proposed rule has been would be affected by the proposed rule
determined to be not significant for and specifications include about 37 2. Requirement To Obtain IMO Number
purposes of Executive Order 12866. purse seine vessels, 4 longline vessels,
and 2 troll vessels. The requirement to obtain an IMO
Regulatory Flexibility Act (RFA) Based on (limited) available financial number would be a one-time
An initial regulatory flexibility information about the affected fishing requirement; once a number has been
analysis (IRFA) was prepared, as vessels and the SBA’s small entity size issued for a vessel, the vessel would be
required by section 603 of the RFA. The standards for commercial finfish in compliance for the remainder of its
IRFA describes the economic impact harvesters, and using individual vessels life, regardless of changes in ownership.
this proposed rule and specifications, if as proxies for individual businesses, Most entities that would be required to
adopted, would have on small entities. NMFS believes that all the affected fish obtain an IMO number already have
A description of the action, why it is harvesting businesses are small entities. them. NMFS estimates that 7 fishing
being considered, and the legal basis for NMFS used average per-vessel returns vessels (that are currently in the fishery)
this action are contained in the SUMMARY over recent years to estimate annual would initially be subject to the
section of the preamble and in other revenue because gross receipts and ex- requirement, and projects that as fishing
sections of this SUPPLEMENTARY vessel price information specific to the vessels enter the fishery in the future,
INFORMATION section of the preamble. affected vessels are not available to roughly two per year would be required
NMFS. For the purse seine fishery, to obtain IMO numbers. Completing and
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The analysis follows:
NMFS estimates that the average annual submitting the application form (which
Estimated Number of Small Entities receipts over 2010–2012 for each purse can be done online and requires no fees)
Affected seine vessel were less than the $20.5 would take about 30 minutes per
Small entities include ‘‘small million threshold for finfish harvesting applicant, on average. Assuming a value
businesses,’’ ‘‘small organizations,’’ and businesses (the greatest was about $19 of labor of approximately $26 per hour
‘‘small governmental jurisdictions.’’ The million) based on the catches of each and communication costs of about $1
Small Business Administration (SBA) vessel in the purse seine fleet during per application, the (one-time) cost to
has established size standards for all that period, and indicative regional each entity would be about $14.

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3. Other Regulatory Changes sets on FADs. During the months when board vessels licensed under the South
Among the proposed rule’s other setting on FADs was allowed, the Pacific Tuna Act, on catch report forms
regulatory changes, only the change to percentage was about 58 percent. The known as Regional Purse Seine
the daily FAD reporting requirements fact that the fleet has made such a Logsheets, or RPLs. The RPLs must be
has the potential to bring economic substantial portion of its sets on FADs submitted to NMFS within two days of
impacts to affected entities. Under the indicates that prohibiting the use of a vessel reaching port. The RPLs include
existing regulations, when NMFS FADs for four months each year could the information that would be required
triggers the daily FAD reporting bring substantial costs and/or revenue to be reported under this proposed rule,
losses. such as, how many FAD sets were made
requirement through an announcement
To mitigate these impacts, vessel on a given day. However, the timing of
in the Federal Register, the vessel
operators might choose to schedule their the RPL requirement is such that it
owner or operator has to complete and routine vessel and equipment
submit the reports each day while the would not provide NMFS with the
maintenance during the FAD information it needs to estimate and
fishing vessel is at sea in the Convention prohibition periods. However, the
Area. NMFS currently estimates this project FAD sets with respect to the
limited number of vessel maintenance proposed limit in a timely and reliable
cost to be about $1,360 per vessel per facilities in the region might constrain
year. Under the proposed change, the manner. For that reason, NMFS
vessel operators’ ability to do this. It established the daily FAD reporting
vessel owner or operator would have to also is conceivable that some vessels
complete and submit the reports only if requirement that is duplicative in terms
might choose not to fish at all during the of the substance—but not the timing—
and when directed by NMFS. Because FAD prohibition periods rather than fish
the proposed purse seine FAD of one element of the existing RPL
without the use of FADs. Observations reporting requirement. Under the
restrictions for 2015 do not include any of the fleet’s behavior in 2009–2013,
FAD set limits, it is unlikely that NMFS revision proposed in this rule, that
when FAD prohibition periods were in duplication would remain.
would direct vessel operators to submit effect, do not suggest that either of these
reports for 2015. Thus, the change responses occurred to an appreciable Alternatives to the Proposed Provisions
would potentially reduce the reporting degree. The proportion of the fleet that NMFS has sought to identify
costs to affected purse seine entities fished during the two- and three-month alternatives that would minimize the
during this period. FAD prohibition periods of 2009–2013 proposed provisions’ economic impact
4. Purse Seine FAD Restrictions did not appreciably differ from the on small entities (‘‘significant
proportion that fished during the same alternatives’’). Taking no action could
The proposed FAD prohibition period
months in the years 1997–2008, when result in lesser adverse economic
in July–October in 2015 would
no FAD prohibition periods were in impacts than the proposed action for
substantially constrain the manner in
place. many affected entities (but as described
which purse seine fishing could be In summary, the economic impacts of above, for some affected entities, the
conducted in that period in the the FAD prohibition period in 2015 proposed provisions could be more
Convention Area; vessels would be able cannot be quantified, but they could be economically beneficial than no-action),
to set only on free, or ‘‘unassociated,’’ substantial. Their magnitude would but NMFS has determined that the no-
schools. depend in part on market conditions,
The costs associated with the FAD action alternative would fail to
ocean conditions and the magnitude of accomplish the objectives of the WCPFC
restrictions cannot be quantitatively
any limits on allowable levels of fishing Implementation Act, including
estimated, but the fleet’s historical use
effort in foreign EEZs and on the high satisfying the international obligations
of FADs can give a qualitative estimate
seas in the Convention Area. of the United States as a Contracting
of the costs. In the years 1997–2013, the
proportion of sets made on FADs in the Disproportionate Impacts Party to the Convention, and NMFS
U.S. purse seine fishery ranged from does not prefer it for that reason.
As indicated above, all affected Alternatives identified for each of the
less than 30 percent in some years to entities are believed to be small entities,
more than 90 percent in others. Thus, main elements of the proposed rule and
thus small entities would not be proposed specifications are discussed
the importance of FAD sets in terms of disproportionately affected relative to
profits appears to be quite variable over below:
large entities. Nor would there be
time, and is probably a function of many disproportionate economic impacts 1. Framework To Implement
factors, including fuel prices based on home port. Commission Decisions
(unassociated sets involve more As indicted above, there could be The proposed framework would not
searching time and thus tend to bring disproportionate impacts according to in itself establish any requirements for
higher fuel costs than FAD sets) and vessel type and size and the types of owners or operators of fishing vessels or
market conditions (e.g., FAD fishing, fishing permits held. other entities, so would not bring
which tends to result in greater catches economic impacts. Thus, NMFS has not
of lower-value skipjack tuna and smaller Duplicating, Overlapping, and
Conflicting Federal Regulations identified any significant alternatives.
yellowfin tuna and bigeye tuna than
unassociated sets, might be more NMFS has not identified any Federal 2. Requirement To Obtain IMO Number
attractive and profitable when canneries regulations that duplicate, overlap with, NMFS has not identified any
are not rejecting small fish). Thus, the or conflict with the proposed
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significant alternatives to the IMO
costs of complying with the FAD regulations, with the exception of a number requirement that would
restrictions would depend on a variety Federal regulation that duplicates to comport with U.S. obligations to
of factors. some extent the daily FAD reporting implement the Commission decision
In 2010–2013, the last 4 years for requirement that would be revised regarding IMO numbers.
which complete data are available and under the proposed rule. Existing
for which there was 100 percent regulations at 50 CFR 300.34 require 3. Other Regulatory Changes
observer coverage, the U.S. WCPO purse that a record of catch, effort and other None of the other proposed regulatory
seine fleet made about 39 percent of its information must be maintained on changes are expected to bring adverse

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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules 43701

economic impacts to affected entities, so request the issuance of an IMO number Dated: July 17, 2015.
NMFS has not identified any significant by submitting specific information Samuel D. Rauch III,
alternatives. about the vessel and its ownership and Deputy Assistant Administrator for
management to IHS Maritime, which Regulatory Programs, National Marine
4. Purse Seine FAD Restrictions Fisheries Service.
issues IMO numbers on behalf of the
NMFS considered in detail one International Maritime Organization. If a For the reasons set out in the
alternative to the proposed restrictions fishing vessel requires an exemption, preamble, 50 CFR part 300 is proposed
on the use of FADs. Under the the owner must provide the required to be amended as follows:
alternative, purse seine vessels would information to NMFS. Providing the
be subject to a three-month (July– required information would bring a PART 300—INTERNATIONAL
September) FAD prohibition period in reporting burden of approximately 30 FISHERIES REGULATIONS
2015, and a limit of 2,522 FAD sets for minutes per response.
the year. This alternative would be The second collection, requirements Subpart O—Western and Central
consistent with the options available to related to installing and operating vessel Pacific Fisheries for Highly Migratory
the United States under CMM 2014–01. monitoring system units, has been Species
The impacts of this alternative relative approved by OMB under control
to those of the proposed action would number 0648–0596, ‘‘Vessel Monitoring ■ 1. The authority citation for 50 CFR
depend on the total amount of fishing System Requirements under the part 300, subpart O, continues to read as
effort available to the U.S. purse seine Western and Central Pacific Fisheries follows:
fleet in the Convention Area in 2015. If Convention.’’ Public reporting burden Authority: 16 U.S.C. 6901 et seq.
total available fishing effort is relatively for the VMS requirements is estimated ■ 2. In § 300.211, revise the definition of
high, the proposed action would likely to average 5 minutes per response for ‘‘Fishing day’’ to read as follows:
allow for more FAD sets than would this the activation reports and on/off reports,
alternative, and thus likely cause lesser 4 hours per response for VMS unit § 300.211 Definitions.
adverse impacts. The reverse would be
purchase and installation, and 1 hour * * * * *
the case for relatively low levels of total
per response for VMS unit maintenance. Fishing day means, for fishing vessels
available fishing effort. For example,
The third collection, the daily FAD equipped with purse seine gear, any day
given the fleet’s historical average FAD
reporting requirement, has been in which a fishing vessel searches for
set ratio of 58 percent, and assuming an
even distribution of sets throughout the approved by OMB under control fish, deploys a FAD, services a FAD, or
year, the estimated ‘‘breakeven’’ point number 0648–0649, ‘‘Transshipment sets a purse seine, with the exception of
between the two alternatives would be Requirements under the WCPFC.’’ setting a purse seine solely for the
6,502 total available sets for the year. Public reporting burden for the daily purpose of testing or cleaning the gear
Although the amount of fishing effort FAD report is estimated to average 10 and resulting in no catch.
that will be available to the fleet in the minutes per response. * * * * *
future, particularly under the SPTT, These estimated response times ■ 3. In § 300.217, add paragraph (c) to
cannot be predicted with any certainty, include time for reviewing instructions, read as follows:
6,502 sets is substantially less than the searching existing data sources,
amounts of fishing effort that have been gathering and maintaining the data § 300.217 Vessel identification.
available to the fleet since it has been needed, and completing and reviewing * * * * *
operating under the SPTT. For that the collection of information. (c) IMO numbers. (1) For the purpose
reason, NMFS expects that the proposed Send comments regarding these of this section, an IMO number is the
action likely would cause less severe burden estimates, or any other aspect of unique number issued for a vessel under
economic impacts on the purse seine the data collections, including whether the ship identification number scheme
fleet and its participants than would the current and/or proposed collections established by the International
this alternative, and NMFS prefers the are necessary for the performance of the Maritime Organization or, for vessels
proposed action for that reason. functions of the agency, the accuracy of that are not strictly subject to that
the agency’s estimates of burden, ways scheme, the unique number issued by
Paperwork Reduction Act to enhance the utility and clarity of the administrator of that scheme using
This proposed rule contains three information, and suggestions for the scheme’s numbering format,
collection-of-information requirements reducing the burden, to Michael D. sometimes known as a Lloyd’s Register
that are subject to review and approval Tosatto, Regional Administrator, NMFS number or LR number.
by the Office of Management and PIRO (see ADDRESSES) and by email to (2) The owner of a fishing vessel of
Budget (OMB) under the Paperwork OIRA_Submission@omb.eop.gov or fax the United States used for commercial
Reduction Act (PRA). to 202–395–7285. fishing for HMS in the Convention Area,
The first collection has been Notwithstanding any other provision either on the high seas or in waters
submitted to OMB for review and of the law, no person is required to under the jurisdiction of any nation
approval under control number 0648– respond to, and no person shall be other than the United States, shall
0595, ‘‘Western and Central Pacific subject to penalty for failure to comply request and obtain an IMO number for
Fisheries Convention Vessel with, a collection of information subject the vessel if the gross tonnage of the
Information Family of Forms.’’ This to the requirements of the PRA, unless vessel, as indicated on the vessel’s
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collection-of-information would be that collection of information displays a current Certificate of Documentation
revised to include the requirement for currently valid OMB control number. issued under 46 CFR part 67, is at least
the owners of certain fishing vessels to 100 GRT or 100 GT ITC. An IMO
ensure that IMO numbers are issued for List of Subjects in 50 CFR Part 300 number may be requested for a vessel by
the vessels. This would be a one-time Administrative practice and following the instructions given by the
requirement; no renewals or updates procedure, Fish, Fisheries, Fishing, administrator of the IMO ship
would be required during the life of a Marine resources, Reporting and identification number scheme; those
vessel. A fishing vessel owner would recordkeeping requirements, Treaties. instructions are currently available on

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43702 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules

the Web site of IHS Maritime, at: seine sets were made on FADs during (ww) Fail to comply with any of the
www.imonumbers.lrfairplay.com/ that day. limits, restrictions, prohibitions, or
default.aspx. * * * * * requirements specified under § 300.227.
(3) In the event that the owner of a ■ 5. In § 300.219, revise paragraphs ■ 7. In § 300.223, revise paragraph (d),
fishing vessel subject to the requirement (c)(1) and (5) to read as follows: and remove and reserve paragraph (e) to
of paragraph (c)(2) of this section, after read as follows:
§ 300.219 Vessel monitoring system.
following the instructions given by the § 300.223 Purse seine fishing restrictions.
administrator of the IMO ship * * * * *
(c) * * * * * * * *
identification number scheme, is unable (d) Catch retention. An owner and
to obtain an IMO number for the fishing (1) VMS unit. The vessel owner and
operator shall install and maintain on operator of a fishing vessel of the United
vessel, the fishing vessel owner may States equipped with purse seine gear
request an exemption from the the fishing vessel, in accordance with
instructions provided by the SAC and must ensure the retention on board at all
requirement from the Pacific Islands times while at sea within the
Regional Administrator. The request the VMS unit manufacturer, a VMS unit
that is type-approved by NMFS for Convention Area any bigeye tuna
must be sent by mail to the Pacific (Thunnus obesus), yellowfin tuna
Islands Regional Administrator or by fisheries governed under the Act. The
vessel owner and operator shall arrange (Thunnus albacares), or skipjack tuna
email to pir.wcpfc@noaa.gov and must (Katsuwonus pelamis), except in the
include the vessel’s name, the vessel’s for a NMFS-approved mobile
communications service provider to following circumstances and with the
official number, a description of the following conditions:
steps taken to request an IMO number, receive and relay transmissions from the
VMS unit to NMFS. NMFS makes (1) Fish that are unfit for human
and a description of any responses from consumption, including but not limited
the administrator of the IMO ship available lists of type-approved VMS
units and approved mobile to fish that are spoiled, pulverized,
identification number scheme. severed, or partially consumed at the
communications service providers.
(4) Upon receipt of a request for an NMFS and the Commission are time they are brought on board, may be
exemption under paragraph (c)(3) of this authorized to receive and relay discarded.
section, the Pacific Islands Regional transmissions from the VMS unit. (2) If at the end of a fishing trip there
Administrator will, to the extent he or is insufficient well space to
* * * * * accommodate all the fish captured in a
she determines appropriate, assist the
(5) Related VMS requirements. given purse seine set, fish captured in
fishing vessel owner in requesting an
Installing, carrying and operating a VMS that set may be discarded, provided that
IMO number. If the Pacific Islands
unit in compliance with the no additional purse seine sets are made
Regional Administrator determines that
requirements in part 300 of this title, during the fishing trip.
it is infeasible or impractical for the
part 660 of this title, or part 665 of this (3) If a serious malfunction of
fishing vessel owner to obtain an IMO
title relating to the installation, carrying, equipment occurs that necessitates that
number for the fishing vessel, he or she
and operation of VMS units shall be fish be discarded.
will issue an exemption from the
deemed to satisfy the requirements of (e) [Reserved]
requirements of paragraph (c)(2) of this
paragraph (c) of this section, provided
section for the subject fishing vessel and * * * * *
that the VMS unit is operated ■ 8. Add § 300.227 to subpart O to read
its owner and notify the fishing vessel
continuously and at all times while the as follows:
owner of the exemption. The Pacific
vessel is at sea, the VMS unit is type-
Islands Regional Administrator may
approved by NMFS for fisheries § 300.227 Framework for catch and fishing
limit the duration of the exemption. The effort limits.
governed under the Act, and the specific
Pacific Islands Regional Administrator
requirements of paragraph (c)(4) of this (a) General. To implement
may rescind an exemption at any time.
section are complied with. If the VMS conservation and management measures
If an exemption is rescinded, the fishing
unit is owned by NMFS, the adopted by the Commission, the Pacific
vessel owner must comply with the
requirement under paragraph (c)(4) of Islands Regional Administrator may
requirements of paragraph (c)(2) of this
this section to repair or replace the VMS specify limits on catch or fishing effort
section within 30 days of being notified
unit will be the responsibility of NMFS, by fishing vessels of the United States
of the rescission. If the ownership of a
but the vessel owner and operator shall in the Convention Area, and other
fishing vessel changes, an exemption
be responsible for ensuring that the fishing-related restrictions and
issued to the former fishing vessel
VMS unit is operable before leaving port requirements (collectively called
owner becomes void.
or starting the next trip. ‘‘limits’’). The limits will be designed to
■ 4. In § 300.218, revise paragraph (g) to satisfy the obligations of the United
* * * * *
read as follows: ■ 6. In § 300.222: States with respect to particular
■ a. Remove paragraphs (x) and (z); provisions of Commission-adopted
§ 300.218 Reporting and recordkeeping
requirements. ■ b. Redesignate paragraphs (y) and (aa) conservation and management
as paragraphs (x) and (y), respectively; measures. For each specified limit, the
* * * * * Pacific Islands Regional Administrator
■ c. Redesignate paragraphs (bb)
(g) Daily FAD reports. If directed by through (ww) as (z) through (uu), will specify the area and period in
NMFS, the owner or operator of any which it applies, and as appropriate, the
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respectively; and
fishing vessel of the United States ■ d. Add paragraphs (vv) and (ww) to vessel types, gear types, species, fish
equipped with purse seine gear must read as follows: sizes, and any other relevant attributes
report to NMFS, for the period and in to which it applies. In addition to
the format and manner directed by the § 300.222 Prohibitions. quantitative limits on catches and
Pacific Islands Regional Administrator, * * * * * fishing effort, the Pacific Islands
within 24 hours of the end of each day (vv) Fail to obtain an IMO number for Regional Administrator may specify
that the vessel is at sea in the a fishing vessel as required in areas or periods in which particular
Convention Area, the number of purse § 300.217(c). fishing activities are restricted or

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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules 43703

prohibited, and other fishing-related part of a fishery of the territory in which this framework, specify limits for
requirements. For each specified it is landed, provided that: individual fishing vessels of the United
quantitative limit, the Pacific Islands (i) It was not caught using purse seine States, except in the case where there is
Regional Administrator will also specify gear; only one fishing vessel in a sector or
the prohibitions and requirements that (ii) It was not caught in any portion group of fishing vessels that is subject
would go into effect after the limit is of the EEZ other than the portion of the to the limit. This does not preclude
reached and the applicable dates of EEZ surrounding the territory in which NMFS from allocating Commission-
those prohibitions. it was landed; and mandated limits among individual
(b) Application in territorial seas and (iii) It was landed by a fishing vessel fishing vessels through other
archipelagic waters. Unless stated operated in compliance with a valid regulations.
otherwise in particular specifications, permit issued under § 660.707 or (f) Procedures for specifying limits. (1)
the limits specified under the § 665.801 of this title. For each specified limit, the Pacific
framework shall not apply in the (2) Except as provided in paragraph Islands Regional Administrator will
territorial seas or archipelagic waters of (d)(3) of this section, if catch is made by publish in the Federal Register a notice
the United States or any other nation, as longline gear by a vessel registered for of the proposed catch or fishing effort
defined by the domestic laws and use under a valid American Samoa limit specification and a request for
regulations of that nation and Longline Limited Access Permit issued public comment on the proposed
recognized by the United States. under § 665.801(c) of this title, the catch specification, unless exempted under
(c) Types of limits. The types of limits and associated fishing effort are the Administrative Procedure Act, 5
that may be specified under this section considered part of a fishery of American U.S.C. 553. The specification will
include, but are not limited to: Samoa, provided that: include the characteristics of the limit
(i) It was not caught in any portion of and the restrictions that will go into
(1) Limits on the weight or number of
the EEZ other than the portion of the effect if the limit is reached.
fish or other living marine resources of
EEZ surrounding American Samoa; and (2) For each specified limit that is
specific types and/or sizes that may be
(ii) It was landed by a fishing vessel subject to prior notice and public
caught, retained, transshipped, landed,
operated in compliance with a valid comment, the Pacific Islands Regional
and/or sold;
permit issued under § 660.707 or Administrator will consider any public
(2) Limits on the amount of fishing § 665.801 of this title. comment received on the proposed
effort that may be expended, such as the (3) If catch or fishing effort is made by specification, and publish in the
amount of time vessels spend at sea a vessel that is included in a specified Federal Register a notice of the final
(e.g., days at sea) or engaged in fishing fishing agreement under § 665.819(c) of catch or fishing effort limit
(e.g., fishing days), the amount of time this title, the catch and associated specification, if appropriate.
vessels spend engaged in particular fishing effort are considered part of a (g) Notification of limits being
fishing activities (e.g., trolling hours), fishery of American Samoa, Guam, or reached. For quantitative limits, NMFS
and the quantity of specific fishing the Commonwealth of the Northern will monitor catch or fishing effort with
activities (e.g., number of hooks set; Mariana Islands, according to the terms respect to the specified limit using data
number of longline sets or purse seine of the agreement to the extent the submitted in vessel logbooks and other
sets; number of purse seine sets made agreement is consistent with available information. When NMFS
on FADs; number of FADs deployed); § 665.819(c) of this title and other estimates or projects that the specified
and applicable laws, provided that: limit has or will be reached, the Pacific
(3) Areas or periods in which (i) The start date specified in Islands Regional Administrator will
particular activities are restricted or § 665.819(c)(9)(i) of this title has publish notification to that effect in the
prohibited, such as periods during occurred or passed; and Federal Register.
which it is prohibited to set purse seines (ii) NMFS has not made a (h) Prohibitions after limit is reached.
on FADs or to use FADs in specific determination under § 665.819(c)(9)(iii) For quantitative limits, the Federal
other ways. of this title that the catch or fishing Register notice published under
(d) U.S. and territorial fisheries. For effort exceeds any limit allocated to the paragraph (g) of this section will include
the purpose of distinguishing the territory that is a party to the agreement. an advisement that specific activities
fisheries of the United States and the (e) Allocation of limits among sectors will be prohibited during a specific
fisheries of the United States territories or vessels. (1) The Pacific Islands period. The notice will specify the
from each other under limits specified Regional Administrator may allocate a prohibitions and their start and end
under this section, as needed to Commission-mandated limit among dates. The start date of the prohibitions
implement Commission conservation particular sectors or groups of fishing may not be earlier than 7 days after the
and management measures, such as to vessels of the United States, such as for date of filing for public inspection at the
determine the vessels to which a vessels that use different types of fishing Office of the Federal Register the notice
specified limit applies or to attribute gear. In other words, the Pacific Islands to be published under paragraph (g) of
catch or fishing effort against a specified Regional Administrator may specify this section. The prohibited activities
limit, all fishing activity of a fishing separate limits for different sectors or may include, but are not limited to,
vessel of the United States, including its groups of fishing vessels even when not possessing, retaining on board,
catch and fishing effort, is, for the required to do so under the transshipping, landing, or selling
purpose of this section, considered part Commission’s conservation and specific types and/or sizes of fish or
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of a fishery of the United States except management measures. other living marine resources, and
as follows: (2) The Pacific Islands Regional fishing with specified gear types or
(1) Except as provided in paragraphs Administrator may not, under this methods in specified areas. The Pacific
(d)(2) and (d)(3) of this section, if catch framework, allocate a Commission- Islands Regional Administrator may,
is landed in American Samoa, Guam, or mandated limit among individual based on revised estimates or
the Commonwealth of the Northern fishing vessels of the United States. In projections of catch or fishing effort
Mariana Islands, the catch and other words, the Pacific Islands with respect to specified limits, rescind
associated fishing effort are considered Regional Administrator may not, under or modify the prohibitions specified

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$43704 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules under this section. The Pacific Islands notice of any such rescissions or Regional Administrator will publish modifications in the Federal Register. [FR Doc. 2015–18050 Filed 7–22–15; 8:45 am] BILLING CODE 3510–22–P mstockstill on DSK4VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 19:18 Jul 22, 2015 Jkt 235001 PO 00000 Frm 00068 Fmt 4702 Sfmt 9990 E:\FR\FM\23JYP1.SGM 23JYP1$
Document Created: 2015-12-15 12:53:35
Document Modified: 2015-12-15 12:53:35
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; proposed specifications.
Dates		Comments on the proposed rule or proposed specifications must be submitted in writing by August 7, 2015.
Contact		Tom Graham, NMFS PIRO, 808-725-5032.
FR Citation		80 FR 43694
RIN Number		0648-BE84
CFR Associated		Administrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties
80 FR 43694 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort and Catch Limits and Other Restrictions and Requirements

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 141 (July 23, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
