82_FR_52918 82 FR 52700 - International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to 2020

82 FR 52700 - International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to 2020

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range52700-52709
FR Document2017-24606

NMFS proposes regulations under the Tuna Conventions Act to implement provisions included in Resolution C-17-02 (Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean During 2018- 2020), which was adopted at the 92nd Meeting of the Inter-American Tropical Tuna Commission (IATTC or Commission) in July 2017. This proposed rule would implement the C-17-02 management measures for tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) for 2018 to 2020 in the eastern Pacific Ocean (EPO). The proposed rule would impose on purse seine vessels of class sizes 4-6 (carrying capacity greater than 182 metric tons (mt)) fishing for tropical tuna in the EPO: A 72-day closure, a 31-day area closure, and a requirement that-- with some exceptions--all tropical tuna be retained and landed. In addition, this proposed rule would revise the restrictions for force majeure, establish a bigeye tuna catch limit of 750 mt for U.S. longline vessels greater than 24 meters (m) in overall length, and regulate the use of fish aggregating devices (FADs). This proposed rule is necessary for the conservation of tropical tuna stocks in the EPO and for the United States to satisfy its obligations as a member of the IATTC.

Federal Register, Volume 82 Issue 218 (Tuesday, November 14, 2017)
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Proposed Rules]
[Pages 52700-52709]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24606]



[[Page 52700]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170815763-7999-01]
RIN 0648-BH13


International Fisheries; Pacific Tuna Fisheries; Fishing 
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to 
2020

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations under the Tuna Conventions Act to 
implement provisions included in Resolution C-17-02 (Conservation 
Measures for Tropical Tunas in the Eastern Pacific Ocean During 2018-
2020), which was adopted at the 92nd Meeting of the Inter-American 
Tropical Tuna Commission (IATTC or Commission) in July 2017. This 
proposed rule would implement the C-17-02 management measures for 
tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna 
(Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) for 2018 
to 2020 in the eastern Pacific Ocean (EPO). The proposed rule would 
impose on purse seine vessels of class sizes 4-6 (carrying capacity 
greater than 182 metric tons (mt)) fishing for tropical tuna in the 
EPO: A 72-day closure, a 31-day area closure, and a requirement that--
with some exceptions--all tropical tuna be retained and landed. In 
addition, this proposed rule would revise the restrictions for force 
majeure, establish a bigeye tuna catch limit of 750 mt for U.S. 
longline vessels greater than 24 meters (m) in overall length, and 
regulate the use of fish aggregating devices (FADs). This proposed rule 
is necessary for the conservation of tropical tuna stocks in the EPO 
and for the United States to satisfy its obligations as a member of the 
IATTC.

DATES: Comments on the proposed rule and supporting documents must be 
submitted in writing by December 14, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0129, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0129, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Rachael Wadsworth, NMFS 
West Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, 
Long Beach, CA 90802. Include the identifier ``NOAA-NMFS-2017-0129'' in 
the comments.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. 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, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous). Copies of the draft Regulatory Impact Review and 
other supporting documents are available via the Federal eRulemaking 
Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0129, or by 
contacting the Regional Administrator, Barry A. Thom, NMFS West Coast 
Region, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232-1274, 
or [email protected].

FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS at 562-980-
4036.

SUPPLEMENTARY INFORMATION: 

Background on the IATTC

    The United States is a member of the IATTC, which was established 
under the 1949 Convention for the Establishment of an Inter-American 
Tropical Tuna Commission. In 2003, the IATTC adopted the Convention for 
the Strengthening of the IATTC Established by the 1949 Convention 
between the United States of America and the Republic of Costa Rica 
(Antigua Convention). The Antigua Convention entered into force in 
2010. The United States acceded to the Antigua Convention on February 
24, 2016. The full text of the Antigua Convention is available at: 
https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
    The IATTC consists of 21 member nations and five cooperating non-
member nations. It facilitates scientific research into, as well as the 
conservation and management of, tuna and tuna-like species in the IATTC 
Convention Area. The IATTC Convention Area is defined as waters of the 
EPO within the area bounded by the west coast of the Americas and by 
50[deg] N. latitude, 150[deg] W. longitude, and 50[deg] S. latitude. 
The IATTC maintains a scientific research and fishery monitoring 
program and regularly assesses the status of tuna, sharks, and billfish 
stocks in the IATTC Convention Area to determine appropriate catch 
limits and other measures deemed necessary to promote sustainable 
fisheries and prevent the overexploitation of these stocks.

International Obligations of the United States Under the Antigua 
Convention

    As a Party to the Antigua Convention and a member of the IATTC, the 
United States is legally bound to implement decisions of the IATTC. The 
Tuna Conventions Act (16 U.S.C. 951 et seq.) directs the Secretary of 
Commerce, in consultation with the Secretary of State and, with respect 
to enforcement measures, the U.S. Coast Guard, to promulgate such 
regulations as may be necessary to carry out the United States' 
obligations under the Antigua Convention, including recommendations and 
decisions adopted by the IATTC. The authority of the Secretary of 
Commerce to promulgate such regulations has been delegated to NMFS.

IATTC Resolution on Tropical Tuna Conservation for 2018 to 2020

    The IATTC adopted Resolution C-17-02 (Conservation Measures for 
Tropical Tunas in the Eastern Pacific Ocean During 2018-2020 and 
Amendment to Resolution C-17-02) by consensus at its 92nd meeting in 
July 2017, in Mexico City, Mexico. Resolution C-17-02 includes 
provisions to revise Resolution C-17-01 for 2017, and also includes 
provisions for management measures for tropical tuna for 2018 to 2020. 
NMFS implemented 2017-specific measures in a separate rulemaking that 
published on September 29, 2017 (82 FR 45514). This proposed rule 
focuses on the tuna conservation measures for 2018 to 2020.
    The intent of this Resolution is to manage fishing activities for 
tropical tuna stocks in the EPO and to address the recent increases in 
the purse seine fishing capacity in the IATTC Convention Area, which 
has the

[[Page 52701]]

potential to reduce production from tuna resources in the future if 
regulations are not implemented. Resolution C-17-02 includes provisions 
for purse seine and longline vessels fishing for tropical tunas in the 
IATTC Convention Area that apply from 2018 to 2020 and are described in 
more detail in the following paragraphs.
    Resolution C-17-02 includes three provisions that were in effect 
for 2017 and that apply to purse seine vessels of class sizes 4-6 
fishing for tropical tuna in the EPO. First, the Resolution C-17-02 
maintains the requirement that each vessel must cease fishing for 72 
days during one of the following two periods: July 29 to October 8, or 
from November 9 to January 19 of the following year. Second, the 
Resolution maintains the closure for purse seine vessels within the 
area of 96[deg] and 110[deg] W. and between 4[deg] N. and 3[deg] S. 
from 0000 hours on October 9 to 2400 hours on November 8. And third, 
the Resolution maintains the requirement that all tropical tuna be 
retained on board and landed, except fish considered unfit for human 
consumption for reasons other than size, as well as an exception on the 
final set of a trip, when there may be insufficient well space 
remaining to accommodate all the tuna caught in that set.
    Resolution C-17-02 also revises provisions related to purse seine 
vessels requesting an exemption due to force majeure. The Commission 
previously defined force majeure in Resolutions C-13-01 and C-17-01 as 
a purse seine vessel that is disabled by mechanical and/or structural 
failure, fire and explosions. Resolution C-17-02 narrows the definition 
to situations where a vessel is disabled in the course of ``fishing 
operations.'' The revised definition would exclude situations where a 
vessel was rendered inoperable while not at sea, e.g., fire in a 
shipyard, and situations where a vessel was in transit for purposes 
other than fishing operations. For situations where the Commission has 
approved an exemption due to force majeure, Resolution C-17-02 changes 
the number of days the purse seine vessel would need to observe the 72-
day closure period from 30 days, as was in C-17-01, to 40 days. The 
reduced closure period could either be observed in the year the force 
majeure event occurred, or if the vessel already observed a 72-day 
closure period in the year the event occurred, the vessel could observe 
the reduced closure period the following year. The proposed action 
would also require that all class 4-6 purse seine vessels granted an 
exemption due to force majeure carry an observer.
    Resolution C-17-02 removes two measures for 2018 to 2020 that were 
in effect for 2017. The provisions for 2018 to 2020 do not include the 
exception for allowing a purse seine vessel with a dolphin mortality 
limit to fish for 10 days during the closure period. The Commission had 
adopted this exception as a new measure for only 2017. In addition, 
Resolution C-17-02 removes a long standing provision that allowed purse 
seine vessels of class size 4 (i.e., vessels with a carrying capacity 
between 182 and 272 mt) to make a single fishing trip of up to 30 days 
during the closure period, provided that any such vessel carries an 
observer.
    Resolution C-17-02 also increases the U.S. annual catch limit for 
bigeye tuna in the IATTC Convention Area from 500 mt to 750 mt for 
longline vessels greater than 24 m in overall length. In addition, 
Resolution C-17-02 regulates for the first time the practice of IATTC 
members and cooperating non-members (CPCs) transferring longline catch 
limits for bigeye tuna. The previous IATTC resolutions on tropical tuna 
did not address transfers of longline catch. A few IATTC members 
reportedly transferred portions of their catch limits to other IATTC 
members, but there were no formal procedures for such transfers in the 
resolutions. The Commission adopted provisions to regulate any transfer 
to improve transparency and to increase the information collected about 
such transfers. Resolution C-17-02 specifies that no more than 30 
percent of a CPCs catch limit may be transferred. Furthermore, a 
transfer may not be made retroactively to cover an overage of a catch 
limit for bigeye tuna and may not be retransferred to any other CPC. 
Ten days in advance of any transfer, both CPCs involved in a transfer 
must notify the IATTC (either separately or jointly). All notifications 
of a transfer of any catch limit must specify the tonnage to be 
transferred and the year in which the transfer will occur. Each CPC 
that receives a transfer would be responsible for management of the 
transferred catch limit, including monitoring and monthly reporting of 
catch.
    Resolution C-17-02 also includes several new provisions on purse 
seine vessels fishing with FADs in the IATTC Convention Area. NMFS 
interprets the Resolution as differentiating between ``active FADs''--
defined as a FAD that it is deployed at sea, starts transmitting its 
location, and is being tracked by the vessel--and non-active FADs that 
do not have equipment capable of transmitting their location. As 
explained herein, the Resolution includes requirements that apply 
solely to active FADs (i.e., active FAD limits per vessel and monthly 
reporting), and requirements that apply to both active and non-active 
FADs (e.g., deployment restrictions, removal restrictions, and 
materials to reduce entanglements). For long-term planning purposes, 
NMFS is seeking public comment on whether the industry needs the 
flexibility to continue deploying non-active FADs in the IATTC 
Convention Area or whether NMFS should prohibit the deployment of non-
active FADs to facilitate monitoring of, and reporting on, FADs that 
have tracking equipment. The Resolution specifies that an active FAD 
may be activated only while it is onboard a purse seine vessel. The 
Resolution limits the number of active FADs that each purse seine 
vessel may have at any one time in the IATTC Convention Area: Class 6 
vessels (1,200 cubic meters well volume and greater) may have up to 450 
FADs; class 6 vessels (less than 1,200 cubic meters), up to 300 FADs; 
class 4-5 vessels, up to 120 FADs; class 1-3 vessels, up to 70 FADs.
    To ensure compliance with the active FAD limits, the Resolution 
requires reporting on active FADs for each vessel in the IATTC 
Convention Area. The Resolution instructs the IATTC scientific staff 
and IATTC Permanent Working Group on FADs to develop, at the latest by 
November 30, 2017, guidance on the reporting of active FAD data in 
accordance with the Resolution. Vessel owners and operators must ensure 
that daily information on all active FADs in the IATTC Convention Area 
is recorded and the information must be reported at monthly intervals 
to the IATTC. To ensure confidentiality on any location information, 
these reports may be submitted with a time delay of at least 60 days 
but no later than 90 days.
    The Resolution also includes restrictions on all FAD deployments 
and recovery in the IATTC Convention Area. The Resolution provides that 
purse seine vessels of class size 4-6 must ensure that FADs are not 
deployed during a period of 15 days prior to the start of the selected 
72-day closure period. In addition, the Resolution provides that class 
6 purse seine vessels (greater than 363 mt carrying capacity) must 
recover (i.e., meaning remove from the water), within 15 days prior to 
the start of the selected closure period, a number of FADs equal to the 
number of FADs set upon during that same period.
    In addition, the Resolution imposes design standards for all FADs 
to reduce the entanglement of marine life, e.g., sharks and turtles, 
with FADs. Specifically vessel owners and operators are required to 
ensure that, as of January

[[Page 52702]]

1, 2019, all FADs are designed and deployed based on the principles set 
out in paragraphs 1 and 2 of Annex II in Resolution C-16-01 (Amendment 
of Resolution C-15-03 on the Collection and Analyses of Data on Fish-
Aggregating Devices). These paragraphs describe materials that can be 
used for both the surface and subsurface structure of the FAD.

Proposed Regulations--Tuna Conservation Measures for 2018 to 2020

    This proposed rule would implement the provisions of Resolution C-
17-02 as described above. These proposed regulations would apply to 
U.S. commercial fishing vessels that are used to fish for tropical tuna 
stocks in the IATTC Convention Area. These proposed regulations would 
apply from 2018 to 2020. Per Resolution C-17-02, the proposed 
regulations would maintain three existing U.S. regulations for purse 
seine vessels, revise several existing regulations for both purse seine 
and longline vessels, and add several new regulations on transferring 
longline catch limits and FAD management. The proposed new regulations 
are further described below.
    As described previously, there are several new provisions on 
transfers of bigeye catch limits for longline vessels. NMFS and U.S. 
Department of State would be responsible for arranging any transfers of 
a bigeye tuna catch limit for the United States with another IATTC CPC. 
Currently, the IATTC CPCs with which the United States could conduct a 
transfer, per paragraph 16 of Resolution C-17-02, include China, Japan, 
South Korea, and Chinese Taipei. NMFS would ensure that the total catch 
limit transferred either to the United States or from the United States 
would not exceed 30 percent of the catch limit designated to those CPCs 
or the United States by the IATTC. In addition, these transfers would 
not be allowed to be made to retroactively cover an overage of a U.S. 
catch limit for bigeye tuna. The United States would not be allowed to 
retransfer any of the transferred catch limit it receives from another 
CPC to another CPC.
    Per requirements of the Resolution, NMFS will notify the IATTC of 
the transfer 10 days in advance, either separately or with the other 
CPC transferring catch. The notification would specify the tonnage to 
be transferred and the year in which the transfer would occur. NMFS 
will be responsible for the management of the transferred catch limit, 
including monitoring and monthly reporting of catch.
    If the United States engages in a transfer of a bigeye tuna catch 
limit with another IATTC member, NMFS would publish a notice in the 
Federal Register announcing the new catch limit that is available to 
U.S. commercial fishing vessels that are over 24 meters in overall 
length. All restrictions described in 50 CFR 300.25 paragraphs (a)(1) 
and (a)(3) through (a)(4) would continue to apply.
    In addition, the proposed regulations include several new 
restrictions on FADs in the IATTC Convention Area. The proposed 
regulations define the term ``Active FAD'' as a fish aggregating device 
that is equipped with gear capable of tracking location, such as radio 
or satellite buoys. An Active FAD would be considered active unless/
until the tracking equipment is removed and the vessel owner or 
operator notifies NMFS Highly Migratory Species (HMS) Branch that this 
vessel is no longer active (i.e., deactivated). With respect to limits 
on the number of Active FADs, all class 6 U.S. purse seine vessels on 
the IATTC Regional Vessel Register have a well volume of 1,200 m\3\ or 
more. Therefore, these U.S. purse seine vessels would have a limit of 
450 active FADs per vessel at any one time.
    The proposed regulations would also require reporting on Active 
FADs in the IATTC Convention Area. U.S. vessels owners and operators 
would be required to maintain daily information on all Active FADs for 
each vessel in the IATTC Convention Area and report this information 
monthly to the address specified by NMFS HMS Branch. NMFS will 
distribute any guidance or templates developed by the IATTC FAD Working 
Group prior to the effective date of the final rule. These reports 
would be required to be submitted no later than 90 days after the month 
covered by the report. For example, reports covering the month of 
January 2018 could be submitted on or before May 1, 2018.
    The proposed regulations also clarify that the reporting on FAD 
interactions, which is already required by regulations at 50 CFR 
300.25(i), must be submitted within 30 days of each landing or 
transshipment of tuna or tuna-like species.
    In addition, the proposed regulations include restrictions on FAD 
deployments and removals in the IATTC Convention Area. The proposed 
regulations specify that U.S. vessel owners, operators, and crew of 
purse seine vessels of class size 4-6 must ensure that FADs are not 
deployed during a period of 15 days prior to the start of the 72-day 
closure period selected by the vessel per 50 CFR 300.25(e)(1). In 
addition, the proposed regulations specify that U.S. vessel owners, 
operators, and crew of purse seine vessels of class size 6 (greater 
than 363 mt carrying capacity) must recover (i.e., remove from the 
water) a number of FADs equal to the number of FADs set upon by the 
vessel during the 15 days prior to the start of the closure period 
selected by the vessel per 50 CFR 300.25(e)(1).
    As described previously, Resolution C-17-02 includes broadly worded 
restrictions on the use of entangling material on FADs. In order to 
establish clear standards for FAD designs that meet the requirements of 
Resolution C-17-02, NMFS proposes to provide two options to meet the 
Resolution restrictions by following guidance developed by the 
International Seafood Sustainability Foundation (ISSF) in 2015 
(available at: https://iss-foundation.org/knowledge-tools/guides-best-practices/non-entangling-fads/download-info/issf-guide-for-non-entangling-fads/). According to the ISSF Guide for Non-Entangling FADs 
(ISSF Guide), there are materials that range from highest risk of 
entanglement to lowest risk (i.e., ``Biodegradable and Non-Entangling 
FADs''). This range of options is illustrated in Figure 1.

[[Page 52703]]

[GRAPHIC] [TIFF OMITTED] TP14NO17.002

    The proposed regulations would require that, no later than January 
1, 2019, all FADs onboard or deployed by U.S. purse seine vessel owners 
and operators in the IATTC Convention Area are consistent with either 
the ``Lower Entanglement Risk FADs'' or ``Non-Entangling FADs'' as 
described in the ISSF Guide (i.e., the two diagrams in the middle of 
Figure 1). For clarification, the diagrams in Figure 1 show bamboo 
rafts and bamboo hanging materials, which are not specific material 
requirements in the proposed regulations. As shown in the ISSF Guide 
(diagram farthest to the left in Figure 1), the ``Highest Entanglement 
Risk FADs'' include the use of large mesh netting (i.e., greater than 7 
centimeters (cm) or 2.5 inches (in)) that covers the raft and/or is 
hanging below the raft. Therefore, the use of these materials would be 
prohibited on FADs that are deployed on or after January 1, 2019, in 
the IATTC Convention Area. The diagram on the far right in Figure 1 
uses biodegradable materials, and would be a permissible sub-
alternative to the ``Non-Entangling FADs'' option.
    The proposed regulations provide two options for vessel owners and 
operators and identifies materials that are acceptable in both the 
surface component of the FAD (e.g., raft) and subsurface component of 
the FAD (e.g., hanging material). If FADs are constructed in a manner 
consistent with either of these two options, this would meet the 
requirements of the proposed regulations.
    To meet the requirements of the Non-Entangling FADs (see diagram 
third from left in Figure 1), the FAD would be required to be free from 
netting, and the raft would either not be covered at all or only 
covered with shade cloth or canvas. The subsurface structure would be 
made with ropes, canvas, or nylon sheets. Although biodegradable 
material is not required under Resolution C-17-02 or these proposed 
regulations, this option is presented for the purposes of discussion 
and to solicit public feedback. To meet the requirements of the Non-
Entangling FAD plus the biodegradable option for a FAD (see diagram 
furthest to the right in Figure 1), the FAD would be constructed in the 
same manner as the previously described Non-Entangling FAD and the 
material would only include biodegradable materials. NMFS is 
considering definitions for biodegradable, but examples of 
biodegradable materials could include non-plastic and non-metal 
materials, as well as natural materials such as bamboo, palm leaves, 
coconut fiber or sisal fiber.
    Alternatively, the ``Lower Entanglement Risk FADs'' (see diagram 
second from the left in Figure 1) would require that if netting is used 
for either the surface or subsurface components that only small mesh 
would be used (i.e., 7 cm/2.5 in or less stretched mesh). If the raft 
is covered and small mesh netting is used, it must be tightly wrapped 
around the raft to avoid loose hanging netting. Any other covering must 
be comprised of shade cloth or canvas. Any small mesh netting used in 
the subsurface structure must be tightly tied into bundles 
(``sausages''), or formed into a panel that is weighted so as to keep 
it taut.
    In addition, NMFS is soliciting the public for information on 
additional materials or configurations that have been demonstrated to 
reduce or avoid entanglements when used in FAD construction. Taking 
into account enforceability, NMFS will evaluate this input and consider 
including it in the final rule. NMFS acknowledges that additional 
materials may be recognized in the future that are effective at 
reducing or avoiding entanglement. Therefore, NMFS will update these 
regulations as appropriate.

[[Page 52704]]

Classification

    After consultation with the Department of State and Homeland 
Security, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the Tuna Conventions Act of 1950, as 
amended, and other applicable laws, subject to further consideration 
after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS is amending the supporting statement for the West Coast Region 
Pacific Tuna Fisheries Logbook and Fish Aggregating Device Form, Office 
of Management and Business (OMB) Paperwork Reduction Act (PRA) 
requirements (OMB Control No. 0648-0148) to include the data collection 
requirements for FADs as described in the preamble. NMFS estimates that 
the public reporting burden for this collection of information will 
average 3 minutes per form, including time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
NMFS requests any comments on the addition of the FAD data collection 
form to the PRA package, including whether the paperwork would 
unnecessarily burden any vessel owners and operators. Public comment is 
sought regarding: Whether this proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; the 
accuracy of the burden estimate; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information, including through the use 
of automated collection techniques or other forms of information 
technology. Send comments on these or any other aspects of the 
collection of information to the ADDRESSES above, and by email to 
[email protected], or fax to (202) 395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the 
Chief Counsel for Regulation of the Department of Commerce certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
that this proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The 
rationale for the certification is provided in the following 
paragraphs.
    As described in the SUPPLEMENTARY INFORMATION section, the proposed 
regulations would implement IATTC Resolution C-17-02, which would 
establish regulations for U.S. commercial fishing vessels fishing for 
tropical tuna in the IATTC Convention Area as detailed above. The 
objectives of the proposed action are: (1) To manage U.S. fishing 
activities for tropical tuna in the EPO for the benefit of maximizing 
harvests while avoiding overfishing, and (2) fulfilling the 
international obligations of the United States as a member of the 
IATTC.
    The absence of the proposed rule action would allow U.S. fisheries 
to target tropical tuna stocks in the IATTC Convention Area without 
restrictions (except for existing permit requirements). This may 
contribute to overfishing conditions of tuna resources. Managing stocks 
at or above levels able to produce maximum sustainable yield is 
intended to benefit both the stocks and the fisheries in the EPO by 
allowing the production of the stocks to be maintained at levels where 
the largest catch can be taken overtime. Alternatively, the 
implementation of Resolution C-17-02 will result in the sharing of 
sustainable benefits from Pacific tuna fishery resources among the 
IATTC CPC countries. The entities directly affected by the actions of 
this proposed rule are: (1) U.S. purse seine vessels that fish for tuna 
or tuna-like species in the IATTC Convention Area, and (2) U.S. 
longline vessels greater than 24 meters in overall length that catch 
bigeye tuna in the IATTC Convention Area.
    The United States Small Business Administration (SBA) defines a 
``small business'' (or ``small entities'') as one with annual revenue 
that meets or is below an established size standard. On December 29, 
2015, NMFS issued a final rule establishing a small business size 
standard of $11 million in annual gross receipts for all businesses 
primarily engaged in the commercial fishing industry (NAICS 11411) for 
Regulatory Flexibility Act (RFA) compliance purposes only (80 FR 81194, 
December 29, 2015). The $11 million standard became effective on July 
1, 2016, and is to be used in place of the U.S. SBA current standards 
of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 
114111), shellfish (NAICS 114112), and other marine fishing (NAICS 
114119) sectors of the U.S. commercial fishing industry in all NMFS 
rules subject to the RFA after July 1, 2016. Id. at 81194. The new 
standard results in fewer commercial finfish businesses being 
considered small.
    NMFS prepared analyses for this regulatory action in light of the 
new size standard. All of the entities directly regulated by this 
regulatory action are commercial finfish fishing businesses. Under the 
new size standards, the U.S. purse seine vessels this action applies to 
are considered large and small businesses. The longline vessels this 
action applies to are considered to be small businesses.
    There are two components to the U.S. tuna purse seine fishery in 
the EPO: (1) Large purse seine vessels of class size 6 that typically 
have been based in the western and central Pacific Ocean (WCPO), and 
(2) coastal purse seine vessels with smaller fish hold volumes (size 
class 2-3; between 46-181 mt carrying capacity) that are based on the 
U.S. West Coast. Although Resolution C-17-02 and the proposed 
regulations include restrictions for class size 4-5 (182-363 mt 
carrying capacity) purse seine vessels, there are no (nor have there 
been in the past ten years) any U.S. vessels of class sizes 4-5 
registered to fish in the IATTC Convention Area. Therefore, the 
proposed regulations for class size 4-5 purse seine vessels are not 
expected to have any impact to U.S. vessel owners or operators.
    As of September 2017, there are 17 class size 6 purse seine vessels 
registered to fish in the IATTC Convention Area. The number of U.S. 
size class 6 purse seine vessels on the IATTC Regional Vessel Register 
has increased substantially in the past two years due to previous 
uncertainty in the negotiations regarding the South Pacific Tuna Treaty 
and the interest expressed by vessel owners that typically fish in the 
WCPO in relocating to the EPO. From 2005 through 2014, three or fewer 
class 6 purse seine vessels fished in the Convention Area. In 2015 and 
2016, fifteen and eighteen vessels fished in the Convention Area, 
respectively.
    The U.S. class size 6 purse seine vessels target skipjack tuna by 
fishing on floating objects and unassociated sets; they also catch and 
retain yellowfin and bigeye tuna. Since at least 2005, the observer 
coverage rate on class size 6 vessels in the EPO has been 100 percent. 
In addition, one U.S. class 6 purse seine vessel has permission to fish 
on dolphins in 2017 and may be eligible to fish on dolphins in the 
future; but, this vessel could also fish on floating

[[Page 52705]]

objects and unassociated sets as it has done in the past. Previous to 
2017, no U.S. purse seine vessel had fished on dolphins in over 10 
years and NMFS does not yet have any catch data for this fishing 
activity.
    For large purse seine vessels that fished exclusively in the EPO in 
2015 and 2016, ex-vessel price information is not available to NMFS 
because these vessels did not land on the U.S. West Coast, and the 
cannery receipts are not available through the IATTC. However, 
estimates for large purse seine vessels based in the WCPO that fish in 
both the EPO and WCPO may be used as a proxy for U.S. large purse seine 
vessels. The number of these U.S. purse seine vessels is approximated 
by the number with Western and Central Pacific Fisheries Commission 
(WCPFC) Area Endorsements, which are the NMFS-issued authorizations 
required for a vessel to fish commercially for highly migratory species 
(HMS) on the high seas in the WCPFC Convention Area. As of October 
2017, the number of purse seine vessels with WCPFC Area Endorsements 
was 37.
    Based on (limited) financial information about the affected fishing 
fleets, and using individual vessels as proxies for individual 
businesses, NMFS believes that over half of the vessels in the purse 
seine fleet are small entities as defined by the RFA; that is, they are 
independently owned and operated and not dominant in their fields of 
operation, and have annual receipts of no more than $11 million. Within 
the purse seine fleet, analysis of average revenue, by vessel, for the 
three years of 2014-2016 reveals that average fleet revenue was 
$10,201,962; 22 participating vessels qualified as small entities with 
their average of the most recent three years of vessel revenue for 
which data is available of less than $11 million.
    As of September 2017, the IATTC Regional Vessel Register lists 158 
U.S. longline vessels that have the option to fish in the IATTC 
Convention Area, 37 of which are large-scale longline vessels (i.e., 
greater than 24 m in overall length). The majority of these longline 
vessels have Hawaii Longline Limited Access Permits (issued under 50 
CFR 665.13). Under the Hawaii longline limited access program, no more 
than 164 permits may be issued. The Hawaii longline fisheries include a 
tuna-targeting (including bigeye tuna) deep-set fishery and swordfish-
targeting shallow set fishery. Since at least 2008, the observer 
coverage rates on shallow-set and deep-set longline vessels in the EPO 
have been a minimum of 100 and 20 percent, respectively. U.S. longline 
vessels fishing in the EPO have reached the 500 mt catch limit for 
bigeye tuna in 2013 to 2015 and in 2017.
    In addition, there are U.S. longline vessels based on the U.S. West 
Coast, some of which operate under the Pacific HMS permit and high seas 
permits. U.S. West Coast-based longline vessels operating under the 
Pacific HMS permit fish primarily in the EPO and are currently 
restricted to fishing with deep-set longline gear outside of the U.S. 
West Coast EEZ. There have been fewer than three U.S. West Coast-based 
vessels operating under the HMS permit since 2005; therefore, landings 
and ex-vessel revenue are confidential. However, the number of Hawaii-
permitted longline vessels that have landed in U.S. West Coast ports 
has increased from one vessel in 2006 to 18 vessels in 2016. In 2016, 
928 mt of HMS (excluding striped marlin, pelagic thresher shark, and 
bigeye thresher shark) were landed into West Coast ports by Hawaii 
permitted longline vessels with total ex-vessel revenue of about $5.4 
million. The average ex-vessel revenue for each vessel is approximately 
$302,222. This is well below the $11 million threshold for finfish 
harvesting businesses.

Economic Impacts

    The proposed action is not expected to have a significant adverse 
economic impact on either the profitability of a substantial number of 
small entities or a disproportional economic effect on small entities 
relative to large entities. Under the new size standards, the entities 
impacted by the action related to purse seine vessels are considered 
large and small business, and the entities impacted by the action 
related to longline vessels are considered small business. However, 
disproportional economic effects between small and large businesses are 
not expected. Several proposed measures for 2018-2020 would maintain 
regulations that have been in place for years for tropical tuna 
management in the IATTC Convention Area; therefore, these actions are 
routine for the purse seine and longline fisheries. The proposed 
changes to the 2017 regulations include removing two regulations, 
revising two regulations, and adding several new regulations. These 
changes and the expected economic effects are discussed in more detail 
below.
    Exception for dolphin fishing vessels: This proposed action would 
remove the exception that allowed vessels with DMLs to fish for ten 
days during the 72-day closure period. The Commission had adopted this 
temporary exemption for 2017 to provide additional flexibility to the 
DML vessels based on negotiations at the July 2017 IATTC meeting. As 
described above, only one U.S. purse seine vessel has a DML for 2017. 
It is currently unknown if the vessel will use this exemption in place 
for 2017. The exemption provided an optional additional economic 
benefit to DML vessels in 2017. Although removing this exemption may 
reduce the profitability of this particular vessel, the economic 
impacts are not expected to be substantial. Furthermore, the vessel 
would now be subject to the same restrictions as the other U.S. purse 
seine vessels that fish on FADs and unassociated sets and are subject 
to a 72-day closure. Therefore, no disproportionate impacts between 
small and large businesses are expected.
    Exception for class 4 vessels: The proposed action to remove the 
regulation that allows purse seine vessels of class size 4 to make a 
single fishing trip of up to 30 days during the closure period is not 
expected to have any impact on U.S. purse seine vessels because there 
are no U.S. purse seine vessels of class size 4 registered to fish in 
the IATTC Convention Area.
    Force Majeure: The proposed action would narrow the definition of 
force majeure to situations where a vessel is disabled at sea (except 
while transiting between ports on a trip during which no fishing 
operations occur). The proposed action would change the number of days 
the vessel would need to observe the 72-day closure from 30 days, as 
was in Resolution C-17-01, to 40 days, and would allow a reduced 
closure period to be observed the year following the force majeure 
event. The proposed action would also require that all class 4-6 purse 
seine vessels granted an exemption due to force majeure carry an 
observer. Because all class 6 U.S. purse seine vessels already carry 
observers under the requirements of the Agreement on the International 
Dolphin Conservation Program (AIDCP) and there are no class 4-5 U.S. 
purse seine vessels, this requirement will not impose additional 
restrictions on U.S. purse seine vessel owners or operators. The 
revised definition would exclude situations when something happened to 
the vessel while not at sea, e.g., if the vessel caught on fire in a 
shipyard. Since 2013, when the force majeure provisions first went into 
effect, the United States has requested force majeure exemptions three 
times, one of which was for a situation that would be excluded under 
the current definition. Because force majeure events are rare and 
unpredictable, it is difficult to speculate future situations where a 
U.S. vessel would need to request force majeure. However, based on the

[[Page 52706]]

previous types of force majeure requests, the economic impacts are 
expected to be minor or none. The economic effects from reducing the 
number of days the vessel would need to observe the closure and 
allowing more flexibility in the year in which to observe a reduced 
closure period would have a positive economic impact for vessels that 
are granted an exemption due to force majeure. Nonetheless, this 
proposed measure is expected to provide some relief to purse seiners 
that experience an unforeseen circumstance and would otherwise have 
fewer days in a calendar year in which to fish.
    Catch Limit: The proposed action maintains a bigeye tuna catch 
limit for longline vessels greater than 24 m in overall length; 
however, the proposed action included an increase from 500 to 750 mt 
specifically for the United States. The total allocated catch limits 
for IATTC members specified in the Resolution is 55,131 mt. The 
increase in U.S. catch limit of 250 mt represents 0.45 percent increase 
of the total catch limit. The IATTC staff estimated that this increase 
represents less than a 0.8 percent increase in fishing mortality for 
the EPO stock of bigeye tuna, which is currently estimated to not be 
experiencing overfishing or to be overfished. This increase may allow 
for additional flexibility and fishing opportunity for the U.S. 
longline fleet. Longline bigeye tuna catch limits have been in place 
since 2009 (Resolution C-09-01), and extending and increasing the U.S. 
catch limit would likely increase the profitability of the fishery. The 
proposed action is not expected to require any additional compliance 
effort or expense by affected vessels.
    Transfer of catch limit: The proposed action also specifies the 
terms under which the U.S. could transfer (e.g., receive or provide) 
bigeye tuna catch limit for longline vessels greater than 24 m. 
Although a few IATTC members reportedly transferred portions of their 
catch limits to other IATTC members in the past, there were no formal 
procedures for such transfers in the resolutions. To date, the United 
States has never engaged in transfers of bigeye tuna catch limits. The 
United States has no intention of providing any of its catch limit to 
another IATTC CPC. If there ever was a circumstance in the future where 
this would be considered (e.g., if the U.S. longline fleet was no 
longer in fishing in the IATTC Convention Area), NMFS would evaluate 
the economic impacts of doing this through a separate economic 
analysis. It is more likely, although there is no plan for doing so at 
this time, that NMFS would receive a transfer of catch limit from 
another CPC in 2018 to 2020. If the United States did receive a 
transferred catch limit, it would be managed by NMFS the same way as 
the 750 mt catch limit is proposed to be managed by publishing the 
temporary increase in the catch limit in the Federal Register and 
monitoring the catch through logbooks. An increased catch limit would 
result in an economic benefit to the fishery and increased 
profitability. Because all affected longline vessels are considered 
small business, no disproportionate impacts between small and large 
entities of longline vessels would occur.
    Fish Aggregating Devices (FADs): With respect to limits on Active 
FADs, all large U.S. purse seine vessels on the IATTC Regional Vessel 
Register have a well volume of 1,200 m\3\ or more. Therefore, a limit 
of 450 Active FADs per large U.S. purse seine vessel at any one time 
would apply. According to information compiled by IATTC scientific 
staff from 2013-2015, most purse seine vessels fishing in the IATTC 
Convention Area deploy 300 or less FADs within a year (https://www.iattc.org/Meetings/Meetings2016/Oct/Pdfs/_English/IATTC-90-INF-B-Add-1-Alternative-management-measures.pdf). Although it is unknown how 
many Active FADs each U.S. purse seine vessel maintains at any given 
time, according to discussions between NMFS and U.S. industry 
representatives, it is not more than 450 FADs. Because this measure is 
not expected to reduce the number of Active FADs any U.S. purse seine 
vessel has in the water, this proposed rule is not expected to reduce 
the profitability of the fishery and no disproportionate impacts 
between small and large businesses are expected. In addition, although 
there is an additional reporting requirement for Active FADs, vessel 
operators are already expected to be collecting the necessary 
information and this is not expected to reduce profitability.
    As described previously, the proposed action would prohibit FAD 
deployment 15 days in advance of the selected closure period. For those 
U.S. purse seine operators that typically deploy FADs before the 
closure period, this restriction could result in adjustments in fishing 
practices. For example, vessel operators that typically deploy FADs 
during that time period might choose to deploy more FADs at earlier 
dates before the closure or choose to deploy fewer FADs overall. In 
addition, the proposed action would require purse seine vessels to 
remove, within 15 days prior to the start of the selected closure 
period, a number of FADs equal to the number of FADs set upon by the 
vessel during that same period. Vessel operators that typically set on 
FADs fifteen days prior to the closure period may choose to adjust 
their fishing practices to not set on FADs, or to set on fewer FADs, 
within 15 days prior to the start of the selected closure period to 
avoid or reduce the number of FADs to remove. If vessel owners or 
operators make one set per day, they would need to remove 15 FADs to 
comply with this proposed regulation. For those vessel owners that 
remove FADs to comply with this regulation, it would be expected that 
they would pick up the FAD after making the set and there would be an 
additional time burden for vessel operators and crew to pull the FAD(s) 
out of the water. These proposed restrictions on FAD deployments and 
removals would not restrict the number of FADs in the water, but could 
change the amount of time vessel operators or crew engage in activities 
with FADs on the water. Thus, these measures are not expected to reduce 
the overall profitability of the fishery. Because all U.S. purse seine 
vessels fishing with FADs would be impacted in a similar manner, no 
disproportionate impacts between small and large businesses are 
expected.
    The proposed action includes a range of options to comply with the 
restrictions on entangling materials on FADs in the IATTC Convention 
Area. Although information compiled by ISSF showed that the majority of 
the U.S. purse seine fleet currently use materials on FADs that have a 
high risk of entanglement (e.g., hanging nets), according to 
discussions between industry representatives and NMFS, the purse seine 
fleet in the Pacific Ocean is in the process of transitioning to 
materials that do not have the highest risk of entanglement. This is a 
result of coordination between ISSF and U.S. industry and is expected 
to become effective in March 2018. Although there will likely be costs 
associated with this transition, which will vary depending on the 
materials available to the vessel and which materials the vessel uses, 
these measures are not expected to reduce the profitability of the 
fishery. Because all U.S. purse seine vessels fishing with FADs would 
be impacted in a similar manner, no disproportionate impacts between 
small and large businesses are expected. In addition, the effective 
date for this proposed action is January 1, 2019, which provides 
additional time for compliance with this measure.
    With these additional restrictions on FADs, U.S. purse seine 
vessels will continue to have the option to fish on

[[Page 52707]]

unassociated sets throughout the IATTC Convention Area. In addition, 
depending on the level of flexibility for FAD regulations in the WCPO, 
U.S. purse seine vessels could also fish in the Area of Overlap without 
the IATTC restrictions on FADs. However, the other regulations in the 
Area of Overlap still apply, such as carrying an IATTC and WCPFC 
approved observer and being listed on the IATTC Regional Vessel 
Register per NMFS regulations published in 50 CFR 300.21 (definition of 
the Convention Area). The current regulations for the Area of Overlap 
could also change in the future.
    In summary, the proposed action is not expected to substantially 
change the typical fishing practices of affected vessels. In addition, 
any impact to the income of U.S. vessels is expected to be minor. 
Therefore, NMFS has determined that the action is neither expected to 
have a significant economic impact on a substantial number of small 
entities nor to have a disproportional economic impact on the small 
entities relative to the large entities. Given these conclusions, an 
Initial Regulatory Flexibility Analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 300

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

    Dated: November 8, 2017.
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, subpart 
C, is proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS


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

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

0
2. In Sec.  300.21, add a definition of ``Active FAD'' in alphabetical 
order and revise the definition for ``Force majeure'' to read as 
follows:


Sec.  300.21  Definitions.

* * * * *
    Active FAD means, a fish aggregating device that is equipped with 
gear capable of tracking location, such as radio or satellite buoys. A 
FAD with this equipment shall be considered an Active FAD unless/until 
the equipment is removed and the vessel owner or operator notifies the 
HMS Branch that the FAD is no longer active (i.e., deactivated).
* * * * *
    Force majeure means, for the purpose of Sec.  300.25, a situation 
in which a vessel at sea, except while transiting between ports on a 
trip during which no fishing operations occur, is disabled by 
mechanical and/or structural failure, fire or explosion.
* * * * *
0
3. In Sec.  300.22, the section heading and the paragraph heading for 
paragraph (a) are revised, and paragraph (a)(3) is added to read as 
follows:


Sec.  300.22   Recordkeeping and reporting requirements.

    (a) Logbooks and FAD data reporting.
* * * * *
    (3) FAD data reporting for purse seine vessels. (i) Reporting on 
FAD interactions: U.S. vessel owners and operators must ensure that any 
interaction or activity with a FAD is reported using a standard format 
provided by the HMS Branch. The owner and operator shall ensure that 
the form is submitted within 30 days of each landing or transshipment 
of tuna or tuna-like species to the address specified by the HMS 
Branch.
    (ii) Reporting on active FADs: U.S. vessels owners and operators 
must record or maintain daily information on all Active FADs in the 
IATTC Convention Area in the format provided by the HMS Branch. The HMS 
Branch will distribute a template describing the information to report. 
This information must be reported for each calendar month for which 
Active FADs are deployed in the Convention Area, and submitted to the 
address specified by the HMS Branch. These reports must be submitted no 
later than 90 days after the month covered by the report.
* * * * *
0
4. In Sec.  300.24, revise paragraphs (m), (n), (ee), and (ff), and add 
paragraphs (ii) through (nn) to read as follows:


Sec.  300.24   Prohibitions.

* * * * *
    (m) Fail to stow gear as required in Sec.  300.25(a)(4)(iv) or 
(e)(6).
    (n) Use a fishing vessel of class size 4-6 to fish with purse seine 
gear in the Convention Area in contravention of Sec.  300.25(e)(1), 
(e)(2), (e)(5) or (e)(6).
* * * * *
    (ee) Fail to ensure characters of a unique code are marked 
indelibly on a FAD deployed or modified on or after January 1, 2017, in 
accordance with Sec.  300.28(a)(2).
    (ff) Fail to record or report data on FADs as required in Sec.  
300.22(a)(3).
* * * * *
    (ii) Activate the transmission equipment attached to a FAD in a 
location other than on a purse seine vessel at sea as required in Sec.  
300.28(b).
    (jj) Fail to turn on the tracking equipment for an Active FAD 
before deploying at sea as required in Sec.  300.28(b).
    (kk) Have more Active FADs than specified in Sec.  300.28(c) in the 
IATTC Convention Area at any one time.
    (ll) Deploy a FAD in the IATTC Convention Area during a period of 
15 days prior to the start of the selected closure period in 
contravention of Sec.  300.28(d)(1).
    (mm) Fail to remove from the water a number of FADs in the IATTC 
Convention Area equal to the number of FADs set upon by the vessel 
during the 15 days prior to the start of the selected closure period as 
required in Sec.  300.28(d)(2).
    (nn) Deploy, or have onboard a vessel, a FAD in the IATTC 
Convention Area with non-authorized materials as required at Sec.  
300.28(e).
0
5. In Sec.  300.25:
0
a. Revise paragraphs (a)(1) and (2);
0
b. Add paragraph (a)(5);
0
c. Revise paragraphs (e)(1) through (3), and (e)(4)(ii);
0
d. Add paragraphs (e)(4)(iii) and (iv); and
0
e. Revise paragraphs (e)(5) and (6).
    The additions and revisions read as follows:


Sec.  300.25  Fisheries management.

    (a) * * *
    (1) Fishing seasons for all tuna species begin on 0000 hours 
Coordinated Universal Time (UTC) January 1 and end either on 2400 hours 
UTC December 31 or when NMFS closes the fishery for a specific species.
    (2) For the calendar years 2018, 2019, 2020, there is a limit of 
750 metric tons of bigeye tuna that may be caught by longline gear in 
the Convention Area by U.S. commercial fishing vessels that are over 24 
meters in overall length. The catch limit within a calendar year is 
subject to increase if the United States receives a transfer of catch 
limit from another IATTC member or cooperating non-member, per 
paragraph (a)(5) of this section.
* * * * *
    (5) If the United States engages in a transfer of a bigeye tuna 
catch limit with another IATTC member or cooperating non-member, NMFS 
will publish a notice in the Federal Register announcing the new catch 
limit that is

[[Page 52708]]

available to U.S. commercial fishing vessels that are over 24 meters in 
overall length. All restrictions described in paragraphs (a)(1) and 
(a)(3) through (a)(4) of this section will continue to apply.
* * * * *
    (e) Purse seine closures. (1) A commercial purse seine fishing 
vessel of the United States that is of class size 4-6 (more than 182 
metric tons carrying capacity) may not be used to fish with purse seine 
gear in the Convention Area for 72 days in each of the years 2018, 
2019, and 2020 during one of the following two periods:
    (i) From 0000 hours Coordinated Universal Time (UTC) July 29, to 
2400 hours UTC October 8, or
    (ii) From 0000 hours UTC November 9 to 2400 hours UTC January 19 of 
the following year.
    (2) A vessel owner, manager, or association representative of a 
vessel that is subject to the requirements of paragraph (e)(1) of this 
section must provide written notification to the Regional Administrator 
declaring to which one of the two closure periods identified in 
paragraph (e)(1) of this section his or her vessel will adhere in that 
year. This written notification must be submitted by fax at (562) 980-
4047 or email at [email protected] and must be 
received no later than July 1 prior to the first closure period within 
a calendar year. The written notification must include the vessel name 
and registration number, the closure dates that will be adhered to by 
that vessel, and the vessel owner or managing owner's name, signature, 
business address, and business telephone number.
    (3) If written notification is not submitted per paragraph (e)(2) 
of this section for a vessel subject to the requirements under 
paragraph (e)(1) of this section, that vessel must adhere to the second 
closure period under paragraph (e)(1)(ii) of this section.
* * * * *
    (4) * * *
    (ii) If the request for an exemption due to force majeure is 
accepted by the IATTC, the vessel must observe a closure period of 40 
consecutive days in the same year during which the force majeure event 
occurred, in one of the two closure periods described in paragraph 
(e)(1) of this section.
    (iii) If the request for an exemption due to force majeure is 
accepted by the IATTC and the vessel has already observed a closure 
period described in paragraph (e)(1) of this section in the same year 
during which the force majeure event occurred, the vessel must observe 
a closure period of 40 consecutive days the following year the force 
majeure event occurred, in one of the two closure periods described in 
paragraph (e)(1) of this section.
    (iv) Any purse seine vessel for which a force majeure request is 
accepted by the IATTC, must carry an observer aboard authorized 
pursuant to the International Agreement on the International Dolphin 
Conservation Program.
    (5) A fishing vessel of the United States of class size 4-6 (more 
than 182 metric tons carrying capacity) may not be used from 0000 hours 
on October 9 to 2400 hours on November 8 in 2017 to fish with purse 
seine gear within the area bounded at the east and west by 96[deg] and 
110[deg] W. longitude and bounded at the north and south by 4[deg] N. 
and 3[deg] S. latitude.
    (6) At all times while a vessel is in a time/area closed period 
established under paragraphs (e)(1) or (e)(5) of this section, unless 
fishing under exceptions established under paragraphs (e)(4) of this 
section, the fishing gear of the vessel must be stowed in a manner as 
not to be readily available for fishing. In particular, the boom must 
be lowered as far as possible so that the vessel cannot be used for 
fishing, but so that the skiff is accessible for use in emergency 
situations; the helicopter, if any, must be tied down; and launches 
must be secured.
* * * * *
0
5. Add Sec.  300.28 to Subpart C to read as follows:


Sec.  300.28  Fish aggregating device restrictions.

    (a) FAD identification requirements for purse seine vessels. (1) 
For each FAD deployed or modified on or after January 1, 2017, in the 
IATTC Convention Area, the vessel owner or operator must either: Obtain 
a unique code from HMS Branch; or use an existing unique identifier 
associated with the FAD (e.g., the manufacturer identification code for 
the attached buoy).
    (2) U.S. purse seine vessel owners and operators shall ensure the 
characters of the unique code or unique identifier be marked indelibly 
at least five centimeters in height on the upper portion of the 
attached radio or satellite buoy in a location that does not cover the 
solar cells used to power the equipment. For FADs without attached 
radio or satellite buoys, the characters shall be on the uppermost or 
emergent top portion of the FAD. The vessel owner or operator shall 
ensure the marking is visible at all times during daylight. In 
circumstances where the on-board observer is unable to view the code, 
the captain or crew shall assist the observer (e.g., by providing the 
FAD identification code to the observer).
    (b) Activating FADs for purse seine vessels. A vessel owner, 
operator, or crew shall deploy an Active FAD only while at sea and the 
tracking equipment must be turned on while the FAD is onboard the 
vessel and before being deployed in the water.
    (c) Restrictions on Active FADs for purse seine vessels. U.S. 
vessel owners and operators of purse-seine vessels with the following 
well volume (m\3\) or fish hold capacity (mt) must not have more than 
the following number of Active FADs per vessel in the IATTC Convention 
Area at any one time:

------------------------------------------------------------------------
                                                                  Active
         Well  volume (m\3\)           Carrying  capacity  (mt)    FAD
                                                                  limit
------------------------------------------------------------------------
1,200 or more.......................  1,408 or more............      450
435-1,199...........................  510-1,407................      300
213-425.............................  182-363..................      120
0-212...............................  0-181....................       70
------------------------------------------------------------------------

    (d) Restrictions on FAD deployments and removals. (1) U.S. vessel 
owners, operators, and crew of purse seine vessels of class size 4-6 
(more than 182 metric tons carrying capacity) must not deploy a FAD 
during a period of 15 days prior to the start of the selected closure 
period described in Sec.  300.25(e)(1).
    (2) U.S. vessel owners, operators, and crew of purse seine vessels 
of class size 6 (greater than 363 metric tons carrying capacity) must 
remove from the water a number of FADs equal to the number of FADs set 
upon by the vessel during the 15 days prior to the start of the closure 
period selected by the vessel per Sec.  300.25(e)(1).
    (e) FAD design to reduce entanglements. No later than January 1, 
2019, all FADs onboard or deployed by U.S. vessel owners, operators, or 
crew, must comply with the surface (e.g., raft) and subsurface 
component terms of either paragraph (e)(1)(i) or (e)(1)(ii) of this 
section. The use of netting with a mesh size greater than 7 
centimeters/2.5 inches stretched mesh is prohibited on all parts of a 
FAD.
    (1) Non-Entangling FADs must not include netting on any parts of 
the FAD, and the raft must either not be covered or covered with shade 
cloth or canvas. The subsurface structure must be made with ropes, 
canvas, or nylon sheets (diagram on the right in Figure 1 to paragraph 
(e)(2)).
    (2) Lower Entanglement Risk FADs may use small mesh netting (mesh 
may not exceed 7 centimeters/2.5 when stretched) for either the surface 
or subsurface components. If the raft is

[[Page 52709]]

covered and small mesh netting is used, it must be tightly wrapped 
around the raft with no loose netting hanging from it. Any other 
covering on the raft must be comprised of shade cloth or canvas. Any 
small mesh netting used in the subsurface structure must be tightly 
tied into bundles (``sausages''), or formed into a panel that is 
weighted so as to keep it taut (diagram on the left in Figure 1 to 
paragraph (e)(2)).
[GRAPHIC] [TIFF OMITTED] TP14NO17.003

[FR Doc. 2017-24606 Filed 11-13-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                    52700               Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules

                                                    DEPARTMENT OF COMMERCE                                  http://www.regulations.gov/                           PDFFiles2/Antigua_Convention_Jun_
                                                                                                            #!docketDetail;D=NOAA-NMFS-2017-                      2003.pdf.
                                                    National Oceanic and Atmospheric                        0129, click the ‘‘Comment Now!’’ icon,                   The IATTC consists of 21 member
                                                    Administration                                          complete the required fields, and enter               nations and five cooperating non-
                                                                                                            or attach your comments.                              member nations. It facilitates scientific
                                                    50 CFR Part 300                                            • Mail: Submit written comments to                 research into, as well as the
                                                                                                            Rachael Wadsworth, NMFS West Coast                    conservation and management of, tuna
                                                    [Docket No. 170815763–7999–01]
                                                                                                            Region Long Beach Office, 501 W.                      and tuna-like species in the IATTC
                                                    RIN 0648–BH13                                           Ocean Blvd., Suite 4200, Long Beach,                  Convention Area. The IATTC
                                                                                                            CA 90802. Include the identifier                      Convention Area is defined as waters of
                                                    International Fisheries; Pacific Tuna                                                                         the EPO within the area bounded by the
                                                    Fisheries; Fishing Restrictions for                     ‘‘NOAA–NMFS–2017–0129’’ in the
                                                                                                            comments.                                             west coast of the Americas and by 50°
                                                    Tropical Tuna in the Eastern Pacific                                                                          N. latitude, 150° W. longitude, and 50°
                                                    Ocean for 2018 to 2020                                     Instructions: Comments must be
                                                                                                                                                                  S. latitude. The IATTC maintains a
                                                                                                            submitted by one of the above methods
                                                    AGENCY:  National Marine Fisheries                                                                            scientific research and fishery
                                                                                                            to ensure they are received,
                                                    Service (NMFS), National Oceanic and                                                                          monitoring program and regularly
                                                                                                            documented, and considered by NMFS.
                                                    Atmospheric Administration (NOAA),                                                                            assesses the status of tuna, sharks, and
                                                                                                            Comments sent by any other method, to
                                                    Commerce.                                                                                                     billfish stocks in the IATTC Convention
                                                                                                            any other address or individual, or
                                                    ACTION: Proposed rule; request for
                                                                                                                                                                  Area to determine appropriate catch
                                                                                                            received after the end of the comment
                                                                                                                                                                  limits and other measures deemed
                                                    comments.                                               period, may not be considered. All
                                                                                                                                                                  necessary to promote sustainable
                                                                                                            comments received are a part of the                   fisheries and prevent the
                                                    SUMMARY:   NMFS proposes regulations                    public record and will generally be
                                                    under the Tuna Conventions Act to                                                                             overexploitation of these stocks.
                                                                                                            posted for public viewing on
                                                    implement provisions included in                        www.regulations.gov without change.                   International Obligations of the United
                                                    Resolution C–17–02 (Conservation                        All personal identifying information                  States Under the Antigua Convention
                                                    Measures for Tropical Tunas in the                      (e.g., name, address, etc.) submitted
                                                    Eastern Pacific Ocean During 2018–                                                                              As a Party to the Antigua Convention
                                                                                                            voluntarily by the sender will be                     and a member of the IATTC, the United
                                                    2020), which was adopted at the 92nd                    publicly accessible. Do not submit
                                                    Meeting of the Inter-American Tropical                                                                        States is legally bound to implement
                                                                                                            confidential business information, or                 decisions of the IATTC. The Tuna
                                                    Tuna Commission (IATTC or                               otherwise sensitive or protected
                                                    Commission) in July 2017. This                                                                                Conventions Act (16 U.S.C. 951 et seq.)
                                                                                                            information. NMFS will accept                         directs the Secretary of Commerce, in
                                                    proposed rule would implement the C–                    anonymous comments (enter ‘‘N/A’’ in
                                                    17–02 management measures for                                                                                 consultation with the Secretary of State
                                                                                                            the required fields if you wish to remain             and, with respect to enforcement
                                                    tropical tuna (i.e., bigeye tuna (Thunnus               anonymous). Copies of the draft
                                                    obesus), yellowfin tuna (Thunnus                                                                              measures, the U.S. Coast Guard, to
                                                                                                            Regulatory Impact Review and other                    promulgate such regulations as may be
                                                    albacares), and skipjack tuna                           supporting documents are available via
                                                    (Katsuwonus pelamis)) for 2018 to 2020                                                                        necessary to carry out the United States’
                                                                                                            the Federal eRulemaking Portal: http://               obligations under the Antigua
                                                    in the eastern Pacific Ocean (EPO). The                 www.regulations.gov, docket NOAA–
                                                    proposed rule would impose on purse                                                                           Convention, including
                                                                                                            NMFS–2017–0129, or by contacting the                  recommendations and decisions
                                                    seine vessels of class sizes 4–6 (carrying              Regional Administrator, Barry A. Thom,
                                                    capacity greater than 182 metric tons                                                                         adopted by the IATTC. The authority of
                                                                                                            NMFS West Coast Region, 1201 NE                       the Secretary of Commerce to
                                                    (mt)) fishing for tropical tuna in the                  Lloyd Boulevard, Suite 1100, Portland,
                                                    EPO: A 72-day closure, a 31-day area                                                                          promulgate such regulations has been
                                                                                                            OR 97232–1274, or                                     delegated to NMFS.
                                                    closure, and a requirement that—with                    RegionalAdministrator.WCRHMS@
                                                    some exceptions—all tropical tuna be                    noaa.gov.                                             IATTC Resolution on Tropical Tuna
                                                    retained and landed. In addition, this                                                                        Conservation for 2018 to 2020
                                                    proposed rule would revise the                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                     The IATTC adopted Resolution C–17–
                                                    restrictions for force majeure, establish               Rachael Wadsworth, NMFS at 562–980–
                                                                                                                                                                  02 (Conservation Measures for Tropical
                                                    a bigeye tuna catch limit of 750 mt for                 4036.
                                                                                                                                                                  Tunas in the Eastern Pacific Ocean
                                                    U.S. longline vessels greater than 24                   SUPPLEMENTARY INFORMATION:                            During 2018–2020 and Amendment to
                                                    meters (m) in overall length, and                                                                             Resolution C–17–02) by consensus at its
                                                    regulate the use of fish aggregating                    Background on the IATTC
                                                                                                                                                                  92nd meeting in July 2017, in Mexico
                                                    devices (FADs). This proposed rule is                     The United States is a member of the                City, Mexico. Resolution C–17–02
                                                    necessary for the conservation of                       IATTC, which was established under                    includes provisions to revise Resolution
                                                    tropical tuna stocks in the EPO and for                 the 1949 Convention for the                           C–17–01 for 2017, and also includes
                                                    the United States to satisfy its                        Establishment of an Inter-American                    provisions for management measures for
                                                    obligations as a member of the IATTC.                   Tropical Tuna Commission. In 2003, the                tropical tuna for 2018 to 2020. NMFS
                                                    DATES: Comments on the proposed rule                    IATTC adopted the Convention for the                  implemented 2017-specific measures in
                                                    and supporting documents must be                        Strengthening of the IATTC Established                a separate rulemaking that published on
                                                    submitted in writing by December 14,                    by the 1949 Convention between the                    September 29, 2017 (82 FR 45514). This
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    2017.                                                   United States of America and the                      proposed rule focuses on the tuna
                                                    ADDRESSES: You may submit comments                      Republic of Costa Rica (Antigua                       conservation measures for 2018 to 2020.
                                                    on this document, identified by NOAA–                   Convention). The Antigua Convention                      The intent of this Resolution is to
                                                    NMFS–2017–0129, by any of the                           entered into force in 2010. The United                manage fishing activities for tropical
                                                    following methods:                                      States acceded to the Antigua                         tuna stocks in the EPO and to address
                                                      • Electronic Submission: Submit all                   Convention on February 24, 2016. The                  the recent increases in the purse seine
                                                    electronic public comments via the                      full text of the Antigua Convention is                fishing capacity in the IATTC
                                                    Federal e-Rulemaking Portal. Go to                      available at: https://www.iattc.org/                  Convention Area, which has the


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                                                                        Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules                                           52701

                                                    potential to reduce production from                        Resolution C–17–02 removes two                     and monthly reporting), and
                                                    tuna resources in the future if                         measures for 2018 to 2020 that were in                requirements that apply to both active
                                                    regulations are not implemented.                        effect for 2017. The provisions for 2018              and non-active FADs (e.g., deployment
                                                    Resolution C–17–02 includes provisions                  to 2020 do not include the exception for              restrictions, removal restrictions, and
                                                    for purse seine and longline vessels                    allowing a purse seine vessel with a                  materials to reduce entanglements). For
                                                    fishing for tropical tunas in the IATTC                 dolphin mortality limit to fish for 10                long-term planning purposes, NMFS is
                                                    Convention Area that apply from 2018                    days during the closure period. The                   seeking public comment on whether the
                                                    to 2020 and are described in more detail                Commission had adopted this exception                 industry needs the flexibility to
                                                    in the following paragraphs.                            as a new measure for only 2017. In                    continue deploying non-active FADs in
                                                       Resolution C–17–02 includes three                    addition, Resolution C–17–02 removes a                the IATTC Convention Area or whether
                                                    provisions that were in effect for 2017                 long standing provision that allowed                  NMFS should prohibit the deployment
                                                    and that apply to purse seine vessels of                purse seine vessels of class size 4 (i.e.,            of non-active FADs to facilitate
                                                    class sizes 4–6 fishing for tropical tuna               vessels with a carrying capacity between              monitoring of, and reporting on, FADs
                                                    in the EPO. First, the Resolution C–17–                 182 and 272 mt) to make a single fishing              that have tracking equipment. The
                                                    02 maintains the requirement that each                  trip of up to 30 days during the closure              Resolution specifies that an active FAD
                                                    vessel must cease fishing for 72 days                   period, provided that any such vessel                 may be activated only while it is
                                                    during one of the following two periods:                carries an observer.                                  onboard a purse seine vessel. The
                                                    July 29 to October 8, or from November                     Resolution C–17–02 also increases the              Resolution limits the number of active
                                                    9 to January 19 of the following year.                  U.S. annual catch limit for bigeye tuna               FADs that each purse seine vessel may
                                                    Second, the Resolution maintains the                    in the IATTC Convention Area from 500                 have at any one time in the IATTC
                                                    closure for purse seine vessels within                  mt to 750 mt for longline vessels greater             Convention Area: Class 6 vessels (1,200
                                                    the area of 96° and 110° W. and between                 than 24 m in overall length. In addition,             cubic meters well volume and greater)
                                                    4° N. and 3° S. from 0000 hours on                      Resolution C–17–02 regulates for the                  may have up to 450 FADs; class 6
                                                    October 9 to 2400 hours on November                     first time the practice of IATTC                      vessels (less than 1,200 cubic meters),
                                                    8. And third, the Resolution maintains                  members and cooperating non-members                   up to 300 FADs; class 4–5 vessels, up to
                                                    the requirement that all tropical tuna be               (CPCs) transferring longline catch limits             120 FADs; class 1–3 vessels, up to 70
                                                    retained on board and landed, except                    for bigeye tuna. The previous IATTC                   FADs.
                                                    fish considered unfit for human                         resolutions on tropical tuna did not                     To ensure compliance with the active
                                                    consumption for reasons other than size,                address transfers of longline catch. A                FAD limits, the Resolution requires
                                                    as well as an exception on the final set                few IATTC members reportedly                          reporting on active FADs for each vessel
                                                    of a trip, when there may be insufficient               transferred portions of their catch limits            in the IATTC Convention Area. The
                                                    well space remaining to accommodate                     to other IATTC members, but there were                Resolution instructs the IATTC
                                                    all the tuna caught in that set.                        no formal procedures for such transfers               scientific staff and IATTC Permanent
                                                       Resolution C–17–02 also revises                      in the resolutions. The Commission                    Working Group on FADs to develop, at
                                                    provisions related to purse seine vessels               adopted provisions to regulate any                    the latest by November 30, 2017,
                                                    requesting an exemption due to force                    transfer to improve transparency and to               guidance on the reporting of active FAD
                                                    majeure. The Commission previously                      increase the information collected about              data in accordance with the Resolution.
                                                    defined force majeure in Resolutions C–                 such transfers. Resolution C–17–02                    Vessel owners and operators must
                                                    13–01 and C–17–01 as a purse seine                      specifies that no more than 30 percent                ensure that daily information on all
                                                    vessel that is disabled by mechanical                   of a CPCs catch limit may be transferred.             active FADs in the IATTC Convention
                                                    and/or structural failure, fire and                     Furthermore, a transfer may not be                    Area is recorded and the information
                                                    explosions. Resolution C–17–02                          made retroactively to cover an overage                must be reported at monthly intervals to
                                                    narrows the definition to situations                    of a catch limit for bigeye tuna and may              the IATTC. To ensure confidentiality on
                                                    where a vessel is disabled in the course                not be retransferred to any other CPC.                any location information, these reports
                                                    of ‘‘fishing operations.’’ The revised                  Ten days in advance of any transfer,                  may be submitted with a time delay of
                                                    definition would exclude situations                     both CPCs involved in a transfer must                 at least 60 days but no later than 90
                                                    where a vessel was rendered inoperable                  notify the IATTC (either separately or                days.
                                                    while not at sea, e.g., fire in a shipyard,             jointly). All notifications of a transfer of             The Resolution also includes
                                                    and situations where a vessel was in                    any catch limit must specify the tonnage              restrictions on all FAD deployments and
                                                    transit for purposes other than fishing                 to be transferred and the year in which               recovery in the IATTC Convention Area.
                                                    operations. For situations where the                    the transfer will occur. Each CPC that                The Resolution provides that purse
                                                    Commission has approved an                              receives a transfer would be responsible              seine vessels of class size 4–6 must
                                                    exemption due to force majeure,                         for management of the transferred catch               ensure that FADs are not deployed
                                                    Resolution C–17–02 changes the                          limit, including monitoring and                       during a period of 15 days prior to the
                                                    number of days the purse seine vessel                   monthly reporting of catch.                           start of the selected 72-day closure
                                                    would need to observe the 72-day                           Resolution C–17–02 also includes                   period. In addition, the Resolution
                                                    closure period from 30 days, as was in                  several new provisions on purse seine                 provides that class 6 purse seine vessels
                                                    C–17–01, to 40 days. The reduced                        vessels fishing with FADs in the IATTC                (greater than 363 mt carrying capacity)
                                                    closure period could either be observed                 Convention Area. NMFS interprets the                  must recover (i.e., meaning remove from
                                                    in the year the force majeure event                     Resolution as differentiating between                 the water), within 15 days prior to the
                                                    occurred, or if the vessel already                      ‘‘active FADs’’—defined as a FAD that                 start of the selected closure period, a
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                                                    observed a 72-day closure period in the                 it is deployed at sea, starts transmitting            number of FADs equal to the number of
                                                    year the event occurred, the vessel                     its location, and is being tracked by the             FADs set upon during that same period.
                                                    could observe the reduced closure                       vessel—and non-active FADs that do                       In addition, the Resolution imposes
                                                    period the following year. The proposed                 not have equipment capable of                         design standards for all FADs to reduce
                                                    action would also require that all class                transmitting their location. As explained             the entanglement of marine life, e.g.,
                                                    4–6 purse seine vessels granted an                      herein, the Resolution includes                       sharks and turtles, with FADs.
                                                    exemption due to force majeure carry an                 requirements that apply solely to active              Specifically vessel owners and operators
                                                    observer.                                               FADs (i.e., active FAD limits per vessel              are required to ensure that, as of January


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                                                    52702               Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules

                                                    1, 2019, all FADs are designed and                         Per requirements of the Resolution,                later than 90 days after the month
                                                    deployed based on the principles set out                NMFS will notify the IATTC of the                     covered by the report. For example,
                                                    in paragraphs 1 and 2 of Annex II in                    transfer 10 days in advance, either                   reports covering the month of January
                                                    Resolution C–16–01 (Amendment of                        separately or with the other CPC                      2018 could be submitted on or before
                                                    Resolution C–15–03 on the Collection                    transferring catch. The notification                  May 1, 2018.
                                                    and Analyses of Data on Fish-                           would specify the tonnage to be                          The proposed regulations also clarify
                                                    Aggregating Devices). These paragraphs                  transferred and the year in which the                 that the reporting on FAD interactions,
                                                    describe materials that can be used for                 transfer would occur. NMFS will be                    which is already required by regulations
                                                    both the surface and subsurface                         responsible for the management of the                 at 50 CFR 300.25(i), must be submitted
                                                    structure of the FAD.                                   transferred catch limit, including                    within 30 days of each landing or
                                                                                                            monitoring and monthly reporting of                   transshipment of tuna or tuna-like
                                                    Proposed Regulations—Tuna                               catch.
                                                    Conservation Measures for 2018 to 2020                                                                        species.
                                                                                                               If the United States engages in a                     In addition, the proposed regulations
                                                       This proposed rule would implement                   transfer of a bigeye tuna catch limit with            include restrictions on FAD
                                                    the provisions of Resolution C–17–02 as                 another IATTC member, NMFS would                      deployments and removals in the
                                                    described above. These proposed                         publish a notice in the Federal Register              IATTC Convention Area. The proposed
                                                    regulations would apply to U.S.                         announcing the new catch limit that is                regulations specify that U.S. vessel
                                                    commercial fishing vessels that are used                available to U.S. commercial fishing                  owners, operators, and crew of purse
                                                    to fish for tropical tuna stocks in the                 vessels that are over 24 meters in overall
                                                                                                                                                                  seine vessels of class size 4–6 must
                                                    IATTC Convention Area. These                            length. All restrictions described in 50
                                                                                                                                                                  ensure that FADs are not deployed
                                                    proposed regulations would apply from                   CFR 300.25 paragraphs (a)(1) and (a)(3)
                                                                                                                                                                  during a period of 15 days prior to the
                                                    2018 to 2020. Per Resolution C–17–02,                   through (a)(4) would continue to apply.
                                                                                                               In addition, the proposed regulations              start of the 72-day closure period
                                                    the proposed regulations would                                                                                selected by the vessel per 50 CFR
                                                                                                            include several new restrictions on
                                                    maintain three existing U.S. regulations                                                                      300.25(e)(1). In addition, the proposed
                                                                                                            FADs in the IATTC Convention Area.
                                                    for purse seine vessels, revise several                                                                       regulations specify that U.S. vessel
                                                                                                            The proposed regulations define the
                                                    existing regulations for both purse seine                                                                     owners, operators, and crew of purse
                                                                                                            term ‘‘Active FAD’’ as a fish aggregating
                                                    and longline vessels, and add several                                                                         seine vessels of class size 6 (greater than
                                                                                                            device that is equipped with gear
                                                    new regulations on transferring longline                                                                      363 mt carrying capacity) must recover
                                                                                                            capable of tracking location, such as
                                                    catch limits and FAD management. The                                                                          (i.e., remove from the water) a number
                                                                                                            radio or satellite buoys. An Active FAD
                                                    proposed new regulations are further                                                                          of FADs equal to the number of FADs
                                                                                                            would be considered active unless/until
                                                    described below.                                        the tracking equipment is removed and                 set upon by the vessel during the 15
                                                       As described previously, there are                   the vessel owner or operator notifies                 days prior to the start of the closure
                                                    several new provisions on transfers of                  NMFS Highly Migratory Species (HMS)                   period selected by the vessel per 50 CFR
                                                    bigeye catch limits for longline vessels.               Branch that this vessel is no longer                  300.25(e)(1).
                                                    NMFS and U.S. Department of State                       active (i.e., deactivated). With respect to              As described previously, Resolution
                                                    would be responsible for arranging any                  limits on the number of Active FADs, all              C–17–02 includes broadly worded
                                                    transfers of a bigeye tuna catch limit for              class 6 U.S. purse seine vessels on the               restrictions on the use of entangling
                                                    the United States with another IATTC                    IATTC Regional Vessel Register have a                 material on FADs. In order to establish
                                                    CPC. Currently, the IATTC CPCs with                     well volume of 1,200 m3 or more.                      clear standards for FAD designs that
                                                    which the United States could conduct                   Therefore, these U.S. purse seine vessels             meet the requirements of Resolution C–
                                                    a transfer, per paragraph 16 of                         would have a limit of 450 active FADs                 17–02, NMFS proposes to provide two
                                                    Resolution C–17–02, include China,                      per vessel at any one time.                           options to meet the Resolution
                                                    Japan, South Korea, and Chinese Taipei.                    The proposed regulations would also                restrictions by following guidance
                                                    NMFS would ensure that the total catch                  require reporting on Active FADs in the               developed by the International Seafood
                                                    limit transferred either to the United                  IATTC Convention Area. U.S. vessels                   Sustainability Foundation (ISSF) in
                                                    States or from the United States would                  owners and operators would be required                2015 (available at: https://iss-
                                                    not exceed 30 percent of the catch limit                to maintain daily information on all                  foundation.org/knowledge-tools/guides-
                                                    designated to those CPCs or the United                  Active FADs for each vessel in the                    best-practices/non-entangling-fads/
                                                    States by the IATTC. In addition, these                 IATTC Convention Area and report this                 download-info/issf-guide-for-non-
                                                    transfers would not be allowed to be                    information monthly to the address                    entangling-fads/). According to the ISSF
                                                    made to retroactively cover an overage                  specified by NMFS HMS Branch. NMFS                    Guide for Non-Entangling FADs (ISSF
                                                    of a U.S. catch limit for bigeye tuna. The              will distribute any guidance or                       Guide), there are materials that range
                                                    United States would not be allowed to                   templates developed by the IATTC FAD                  from highest risk of entanglement to
                                                    retransfer any of the transferred catch                 Working Group prior to the effective                  lowest risk (i.e., ‘‘Biodegradable and
                                                    limit it receives from another CPC to                   date of the final rule. These reports                 Non-Entangling FADs’’). This range of
                                                    another CPC.                                            would be required to be submitted no                  options is illustrated in Figure 1.
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                                                                        Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules                                            52703




                                                       The proposed regulations would                       subsurface component of the FAD (e.g.,                bamboo, palm leaves, coconut fiber or
                                                    require that, no later than January 1,                  hanging material). If FADs are                        sisal fiber.
                                                    2019, all FADs onboard or deployed by                   constructed in a manner consistent with                  Alternatively, the ‘‘Lower
                                                    U.S. purse seine vessel owners and                      either of these two options, this would               Entanglement Risk FADs’’ (see diagram
                                                    operators in the IATTC Convention Area                  meet the requirements of the proposed                 second from the left in Figure 1) would
                                                    are consistent with either the ‘‘Lower                  regulations.                                          require that if netting is used for either
                                                    Entanglement Risk FADs’’ or ‘‘Non-                                                                            the surface or subsurface components
                                                                                                               To meet the requirements of the Non-
                                                    Entangling FADs’’ as described in the                                                                         that only small mesh would be used
                                                                                                            Entangling FADs (see diagram third
                                                    ISSF Guide (i.e., the two diagrams in the                                                                     (i.e., 7 cm/2.5 in or less stretched mesh).
                                                                                                            from left in Figure 1), the FAD would be
                                                    middle of Figure 1). For clarification,                                                                       If the raft is covered and small mesh
                                                                                                            required to be free from netting, and the
                                                    the diagrams in Figure 1 show bamboo
                                                                                                            raft would either not be covered at all               netting is used, it must be tightly
                                                    rafts and bamboo hanging materials,
                                                                                                            or only covered with shade cloth or                   wrapped around the raft to avoid loose
                                                    which are not specific material
                                                                                                            canvas. The subsurface structure would                hanging netting. Any other covering
                                                    requirements in the proposed
                                                                                                            be made with ropes, canvas, or nylon                  must be comprised of shade cloth or
                                                    regulations. As shown in the ISSF Guide
                                                                                                            sheets. Although biodegradable material               canvas. Any small mesh netting used in
                                                    (diagram farthest to the left in Figure 1),
                                                                                                            is not required under Resolution C–17–                the subsurface structure must be tightly
                                                    the ‘‘Highest Entanglement Risk FADs’’
                                                                                                            02 or these proposed regulations, this                tied into bundles (‘‘sausages’’), or
                                                    include the use of large mesh netting
                                                                                                            option is presented for the purposes of               formed into a panel that is weighted so
                                                    (i.e., greater than 7 centimeters (cm) or
                                                                                                            discussion and to solicit public                      as to keep it taut.
                                                    2.5 inches (in)) that covers the raft and/
                                                    or is hanging below the raft. Therefore,                feedback. To meet the requirements of                    In addition, NMFS is soliciting the
                                                    the use of these materials would be                     the Non-Entangling FAD plus the                       public for information on additional
                                                    prohibited on FADs that are deployed                    biodegradable option for a FAD (see                   materials or configurations that have
                                                    on or after January 1, 2019, in the                     diagram furthest to the right in Figure               been demonstrated to reduce or avoid
                                                    IATTC Convention Area. The diagram                      1), the FAD would be constructed in the               entanglements when used in FAD
                                                    on the far right in Figure 1 uses                       same manner as the previously                         construction. Taking into account
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    biodegradable materials, and would be a                 described Non-Entangling FAD and the                  enforceability, NMFS will evaluate this
                                                    permissible sub-alternative to the ‘‘Non-               material would only include                           input and consider including it in the
                                                    Entangling FADs’’ option.                               biodegradable materials. NMFS is                      final rule. NMFS acknowledges that
                                                       The proposed regulations provide two                 considering definitions for                           additional materials may be recognized
                                                    options for vessel owners and operators                 biodegradable, but examples of                        in the future that are effective at
                                                    and identifies materials that are                       biodegradable materials could include                 reducing or avoiding entanglement.
                                                    acceptable in both the surface                          non-plastic and non-metal materials, as               Therefore, NMFS will update these
                                                                                                                                                                                                                EP14NO17.002</GPH>




                                                    component of the FAD (e.g., raft) and                   well as natural materials such as                     regulations as appropriate.


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                                                    52704               Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules

                                                    Classification                                          for Regulation of the Department of                   (NAICS 114111), shellfish (NAICS
                                                      After consultation with the                           Commerce certified to the Chief Counsel               114112), and other marine fishing
                                                    Department of State and Homeland                        for Advocacy of the Small Business                    (NAICS 114119) sectors of the U.S.
                                                    Security, the NMFS Assistant                            Administration that this proposed rule,               commercial fishing industry in all
                                                    Administrator has determined that this                  if adopted, would not have a significant              NMFS rules subject to the RFA after July
                                                    proposed rule is consistent with the                    economic impact on a substantial                      1, 2016. Id. at 81194. The new standard
                                                    Tuna Conventions Act of 1950, as                        number of small entities. The rationale               results in fewer commercial finfish
                                                    amended, and other applicable laws,                     for the certification is provided in the              businesses being considered small.
                                                                                                            following paragraphs.                                    NMFS prepared analyses for this
                                                    subject to further consideration after
                                                                                                               As described in the SUPPLEMENTARY                  regulatory action in light of the new size
                                                    public comment.
                                                                                                            INFORMATION section, the proposed                     standard. All of the entities directly
                                                      This proposed rule has been
                                                                                                            regulations would implement IATTC                     regulated by this regulatory action are
                                                    determined to be not significant for
                                                                                                            Resolution C–17–02, which would                       commercial finfish fishing businesses.
                                                    purposes of Executive Order 12866.
                                                                                                            establish regulations for U.S.                        Under the new size standards, the U.S.
                                                      NMFS is amending the supporting
                                                                                                            commercial fishing vessels fishing for                purse seine vessels this action applies to
                                                    statement for the West Coast Region
                                                                                                            tropical tuna in the IATTC Convention                 are considered large and small
                                                    Pacific Tuna Fisheries Logbook and Fish
                                                                                                            Area as detailed above. The objectives of             businesses. The longline vessels this
                                                    Aggregating Device Form, Office of
                                                                                                            the proposed action are: (1) To manage                action applies to are considered to be
                                                    Management and Business (OMB)
                                                                                                            U.S. fishing activities for tropical tuna             small businesses.
                                                    Paperwork Reduction Act (PRA)                                                                                    There are two components to the U.S.
                                                                                                            in the EPO for the benefit of maximizing
                                                    requirements (OMB Control No. 0648–                                                                           tuna purse seine fishery in the EPO: (1)
                                                                                                            harvests while avoiding overfishing, and
                                                    0148) to include the data collection                    (2) fulfilling the international                      Large purse seine vessels of class size 6
                                                    requirements for FADs as described in                   obligations of the United States as a                 that typically have been based in the
                                                    the preamble. NMFS estimates that the                   member of the IATTC.                                  western and central Pacific Ocean
                                                    public reporting burden for this                           The absence of the proposed rule                   (WCPO), and (2) coastal purse seine
                                                    collection of information will average 3                action would allow U.S. fisheries to                  vessels with smaller fish hold volumes
                                                    minutes per form, including time for                    target tropical tuna stocks in the IATTC              (size class 2–3; between 46–181 mt
                                                    reviewing instructions, searching                       Convention Area without restrictions                  carrying capacity) that are based on the
                                                    existing data sources, gathering and                    (except for existing permit                           U.S. West Coast. Although Resolution
                                                    maintaining the data needed, and                        requirements). This may contribute to                 C–17–02 and the proposed regulations
                                                    completing and reviewing the collection                 overfishing conditions of tuna                        include restrictions for class size 4–5
                                                    of information. NMFS requests any                       resources. Managing stocks at or above                (182–363 mt carrying capacity) purse
                                                    comments on the addition of the FAD                     levels able to produce maximum                        seine vessels, there are no (nor have
                                                    data collection form to the PRA package,                sustainable yield is intended to benefit              there been in the past ten years) any
                                                    including whether the paperwork would                   both the stocks and the fisheries in the              U.S. vessels of class sizes 4–5 registered
                                                    unnecessarily burden any vessel owners                  EPO by allowing the production of the                 to fish in the IATTC Convention Area.
                                                    and operators. Public comment is                        stocks to be maintained at levels where               Therefore, the proposed regulations for
                                                    sought regarding: Whether this                          the largest catch can be taken overtime.              class size 4–5 purse seine vessels are not
                                                    proposed collection of information is                   Alternatively, the implementation of                  expected to have any impact to U.S.
                                                    necessary for the proper performance of                 Resolution C–17–02 will result in the                 vessel owners or operators.
                                                    the functions of the agency, including                  sharing of sustainable benefits from                     As of September 2017, there are 17
                                                    whether the information shall have                      Pacific tuna fishery resources among the              class size 6 purse seine vessels
                                                    practical utility; the accuracy of the                  IATTC CPC countries. The entities                     registered to fish in the IATTC
                                                    burden estimate; ways to enhance the                    directly affected by the actions of this              Convention Area. The number of U.S.
                                                    quality, utility, and clarity of the                    proposed rule are: (1) U.S. purse seine               size class 6 purse seine vessels on the
                                                    information to be collected; and ways to                vessels that fish for tuna or tuna-like               IATTC Regional Vessel Register has
                                                    minimize the burden of the collection of                species in the IATTC Convention Area,                 increased substantially in the past two
                                                    information, including through the use                  and (2) U.S. longline vessels greater                 years due to previous uncertainty in the
                                                    of automated collection techniques or                   than 24 meters in overall length that                 negotiations regarding the South Pacific
                                                    other forms of information technology.                  catch bigeye tuna in the IATTC                        Tuna Treaty and the interest expressed
                                                    Send comments on these or any other                     Convention Area.                                      by vessel owners that typically fish in
                                                    aspects of the collection of information                   The United States Small Business                   the WCPO in relocating to the EPO.
                                                    to the ADDRESSES above, and by email to                 Administration (SBA) defines a ‘‘small                From 2005 through 2014, three or fewer
                                                    OIRA_Submission@omb.eop.gov, or fax                     business’’ (or ‘‘small entities’’) as one             class 6 purse seine vessels fished in the
                                                    to (202) 395–5806.                                      with annual revenue that meets or is                  Convention Area. In 2015 and 2016,
                                                      Notwithstanding any other provision                   below an established size standard. On                fifteen and eighteen vessels fished in the
                                                    of the law, no person is required to                    December 29, 2015, NMFS issued a final                Convention Area, respectively.
                                                    respond to, nor shall any person be                     rule establishing a small business size                  The U.S. class size 6 purse seine
                                                    subject to a penalty for failure to comply              standard of $11 million in annual gross               vessels target skipjack tuna by fishing
                                                    with, a collection of information subject               receipts for all businesses primarily                 on floating objects and unassociated
                                                    to the requirements of the PRA, unless                  engaged in the commercial fishing                     sets; they also catch and retain
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    that collection of information displays a               industry (NAICS 11411) for Regulatory                 yellowfin and bigeye tuna. Since at least
                                                    currently valid OMB Control Number.                     Flexibility Act (RFA) compliance                      2005, the observer coverage rate on class
                                                    All currently approved NOAA                             purposes only (80 FR 81194, December                  size 6 vessels in the EPO has been 100
                                                    collections of information may be                       29, 2015). The $11 million standard                   percent. In addition, one U.S. class 6
                                                    viewed at: http://www.cio.noaa.gov/                     became effective on July 1, 2016, and is              purse seine vessel has permission to fish
                                                    services_programs/prasubs.html.                         to be used in place of the U.S. SBA                   on dolphins in 2017 and may be eligible
                                                      Pursuant to the Regulatory Flexibility                current standards of $20.5 million, $5.5              to fish on dolphins in the future; but,
                                                    Act, 5 U.S.C. 605(b), the Chief Counsel                 million, and $7.5 million for the finfish             this vessel could also fish on floating


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                                                                        Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules                                             52705

                                                    objects and unassociated sets as it has                 vessels fishing in the EPO have reached               negotiations at the July 2017 IATTC
                                                    done in the past. Previous to 2017, no                  the 500 mt catch limit for bigeye tuna                meeting. As described above, only one
                                                    U.S. purse seine vessel had fished on                   in 2013 to 2015 and in 2017.                          U.S. purse seine vessel has a DML for
                                                    dolphins in over 10 years and NMFS                         In addition, there are U.S. longline               2017. It is currently unknown if the
                                                    does not yet have any catch data for this               vessels based on the U.S. West Coast,                 vessel will use this exemption in place
                                                    fishing activity.                                       some of which operate under the Pacific               for 2017. The exemption provided an
                                                       For large purse seine vessels that                   HMS permit and high seas permits. U.S.                optional additional economic benefit to
                                                    fished exclusively in the EPO in 2015                   West Coast-based longline vessels                     DML vessels in 2017. Although
                                                    and 2016, ex-vessel price information is                operating under the Pacific HMS permit                removing this exemption may reduce
                                                    not available to NMFS because these                     fish primarily in the EPO and are                     the profitability of this particular vessel,
                                                    vessels did not land on the U.S. West                   currently restricted to fishing with deep-            the economic impacts are not expected
                                                    Coast, and the cannery receipts are not                 set longline gear outside of the U.S.                 to be substantial. Furthermore, the
                                                    available through the IATTC. However,                   West Coast EEZ. There have been fewer                 vessel would now be subject to the same
                                                    estimates for large purse seine vessels                 than three U.S. West Coast-based vessels              restrictions as the other U.S. purse seine
                                                    based in the WCPO that fish in both the                 operating under the HMS permit since                  vessels that fish on FADs and
                                                    EPO and WCPO may be used as a proxy                     2005; therefore, landings and ex-vessel               unassociated sets and are subject to a
                                                    for U.S. large purse seine vessels. The                 revenue are confidential. However, the                72-day closure. Therefore, no
                                                    number of these U.S. purse seine vessels                number of Hawaii-permitted longline                   disproportionate impacts between small
                                                    is approximated by the number with                      vessels that have landed in U.S. West                 and large businesses are expected.
                                                    Western and Central Pacific Fisheries                   Coast ports has increased from one                       Exception for class 4 vessels: The
                                                    Commission (WCPFC) Area                                 vessel in 2006 to 18 vessels in 2016. In              proposed action to remove the
                                                    Endorsements, which are the NMFS-                       2016, 928 mt of HMS (excluding striped                regulation that allows purse seine
                                                    issued authorizations required for a                    marlin, pelagic thresher shark, and                   vessels of class size 4 to make a single
                                                    vessel to fish commercially for highly                  bigeye thresher shark) were landed into               fishing trip of up to 30 days during the
                                                    migratory species (HMS) on the high                     West Coast ports by Hawaii permitted                  closure period is not expected to have
                                                    seas in the WCPFC Convention Area. As                   longline vessels with total ex-vessel                 any impact on U.S. purse seine vessels
                                                    of October 2017, the number of purse                    revenue of about $5.4 million. The                    because there are no U.S. purse seine
                                                    seine vessels with WCPFC Area                           average ex-vessel revenue for each                    vessels of class size 4 registered to fish
                                                    Endorsements was 37.                                    vessel is approximately $302,222. This                in the IATTC Convention Area.
                                                       Based on (limited) financial                         is well below the $11 million threshold                  Force Majeure: The proposed action
                                                    information about the affected fishing                  for finfish harvesting businesses.                    would narrow the definition of force
                                                    fleets, and using individual vessels as                                                                       majeure to situations where a vessel is
                                                    proxies for individual businesses,                      Economic Impacts                                      disabled at sea (except while transiting
                                                    NMFS believes that over half of the                       The proposed action is not expected                 between ports on a trip during which no
                                                    vessels in the purse seine fleet are small              to have a significant adverse economic                fishing operations occur). The proposed
                                                    entities as defined by the RFA; that is,                impact on either the profitability of a               action would change the number of days
                                                    they are independently owned and                        substantial number of small entities or               the vessel would need to observe the 72-
                                                    operated and not dominant in their                      a disproportional economic effect on                  day closure from 30 days, as was in
                                                    fields of operation, and have annual                    small entities relative to large entities.            Resolution C–17–01, to 40 days, and
                                                    receipts of no more than $11 million.                   Under the new size standards, the                     would allow a reduced closure period to
                                                    Within the purse seine fleet, analysis of               entities impacted by the action related               be observed the year following the force
                                                    average revenue, by vessel, for the three               to purse seine vessels are considered                 majeure event. The proposed action
                                                    years of 2014–2016 reveals that average                 large and small business, and the                     would also require that all class 4–6
                                                    fleet revenue was $10,201,962; 22                       entities impacted by the action related               purse seine vessels granted an
                                                    participating vessels qualified as small                to longline vessels are considered small              exemption due to force majeure carry an
                                                    entities with their average of the most                 business. However, disproportional                    observer. Because all class 6 U.S. purse
                                                    recent three years of vessel revenue for                economic effects between small and                    seine vessels already carry observers
                                                    which data is available of less than $11                large businesses are not expected.                    under the requirements of the
                                                    million.                                                Several proposed measures for 2018–                   Agreement on the International Dolphin
                                                       As of September 2017, the IATTC                      2020 would maintain regulations that                  Conservation Program (AIDCP) and
                                                    Regional Vessel Register lists 158 U.S.                 have been in place for years for tropical             there are no class 4–5 U.S. purse seine
                                                    longline vessels that have the option to                tuna management in the IATTC                          vessels, this requirement will not
                                                    fish in the IATTC Convention Area, 37                   Convention Area; therefore, these                     impose additional restrictions on U.S.
                                                    of which are large-scale longline vessels               actions are routine for the purse seine               purse seine vessel owners or operators.
                                                    (i.e., greater than 24 m in overall length).            and longline fisheries. The proposed                  The revised definition would exclude
                                                    The majority of these longline vessels                  changes to the 2017 regulations include               situations when something happened to
                                                    have Hawaii Longline Limited Access                     removing two regulations, revising two                the vessel while not at sea, e.g., if the
                                                    Permits (issued under 50 CFR 665.13).                   regulations, and adding several new                   vessel caught on fire in a shipyard.
                                                    Under the Hawaii longline limited                       regulations. These changes and the                    Since 2013, when the force majeure
                                                    access program, no more than 164                        expected economic effects are discussed               provisions first went into effect, the
                                                    permits may be issued. The Hawaii                       in more detail below.                                 United States has requested force
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    longline fisheries include a tuna-                        Exception for dolphin fishing vessels:              majeure exemptions three times, one of
                                                    targeting (including bigeye tuna) deep-                 This proposed action would remove the                 which was for a situation that would be
                                                    set fishery and swordfish-targeting                     exception that allowed vessels with                   excluded under the current definition.
                                                    shallow set fishery. Since at least 2008,               DMLs to fish for ten days during the 72-              Because force majeure events are rare
                                                    the observer coverage rates on shallow-                 day closure period. The Commission                    and unpredictable, it is difficult to
                                                    set and deep-set longline vessels in the                had adopted this temporary exemption                  speculate future situations where a U.S.
                                                    EPO have been a minimum of 100 and                      for 2017 to provide additional flexibility            vessel would need to request force
                                                    20 percent, respectively. U.S. longline                 to the DML vessels based on                           majeure. However, based on the


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                                                    52706               Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules

                                                    previous types of force majeure                         catch limit from another CPC in 2018 to               number of FADs set upon by the vessel
                                                    requests, the economic impacts are                      2020. If the United States did receive a              during that same period. Vessel
                                                    expected to be minor or none. The                       transferred catch limit, it would be                  operators that typically set on FADs
                                                    economic effects from reducing the                      managed by NMFS the same way as the                   fifteen days prior to the closure period
                                                    number of days the vessel would need                    750 mt catch limit is proposed to be                  may choose to adjust their fishing
                                                    to observe the closure and allowing                     managed by publishing the temporary                   practices to not set on FADs, or to set
                                                    more flexibility in the year in which to                increase in the catch limit in the                    on fewer FADs, within 15 days prior to
                                                    observe a reduced closure period would                  Federal Register and monitoring the                   the start of the selected closure period
                                                    have a positive economic impact for                     catch through logbooks. An increased                  to avoid or reduce the number of FADs
                                                    vessels that are granted an exemption                   catch limit would result in an economic               to remove. If vessel owners or operators
                                                    due to force majeure. Nonetheless, this                 benefit to the fishery and increased                  make one set per day, they would need
                                                    proposed measure is expected to                         profitability. Because all affected                   to remove 15 FADs to comply with this
                                                    provide some relief to purse seiners that               longline vessels are considered small                 proposed regulation. For those vessel
                                                    experience an unforeseen circumstance                   business, no disproportionate impacts                 owners that remove FADs to comply
                                                    and would otherwise have fewer days in                  between small and large entities of                   with this regulation, it would be
                                                    a calendar year in which to fish.                       longline vessels would occur.                         expected that they would pick up the
                                                       Catch Limit: The proposed action                        Fish Aggregating Devices (FADs):                   FAD after making the set and there
                                                    maintains a bigeye tuna catch limit for                 With respect to limits on Active FADs,                would be an additional time burden for
                                                    longline vessels greater than 24 m in                   all large U.S. purse seine vessels on the             vessel operators and crew to pull the
                                                    overall length; however, the proposed                   IATTC Regional Vessel Register have a                 FAD(s) out of the water. These proposed
                                                    action included an increase from 500 to                 well volume of 1,200 m3 or more.                      restrictions on FAD deployments and
                                                    750 mt specifically for the United                      Therefore, a limit of 450 Active FADs                 removals would not restrict the number
                                                    States. The total allocated catch limits                per large U.S. purse seine vessel at any              of FADs in the water, but could change
                                                    for IATTC members specified in the                      one time would apply. According to                    the amount of time vessel operators or
                                                    Resolution is 55,131 mt. The increase in                information compiled by IATTC                         crew engage in activities with FADs on
                                                    U.S. catch limit of 250 mt represents                   scientific staff from 2013–2015, most                 the water. Thus, these measures are not
                                                    0.45 percent increase of the total catch                purse seine vessels fishing in the IATTC              expected to reduce the overall
                                                    limit. The IATTC staff estimated that                   Convention Area deploy 300 or less                    profitability of the fishery. Because all
                                                    this increase represents less than a 0.8                FADs within a year (https://                          U.S. purse seine vessels fishing with
                                                    percent increase in fishing mortality for               www.iattc.org/Meetings/Meetings2016/                  FADs would be impacted in a similar
                                                    the EPO stock of bigeye tuna, which is                  Oct/Pdfs/_English/IATTC-90-INF-B-                     manner, no disproportionate impacts
                                                    currently estimated to not be                           Add-1-Alternative-management-                         between small and large businesses are
                                                    experiencing overfishing or to be                       measures.pdf). Although it is unknown                 expected.
                                                    overfished. This increase may allow for                 how many Active FADs each U.S. purse                     The proposed action includes a range
                                                    additional flexibility and fishing                      seine vessel maintains at any given                   of options to comply with the
                                                    opportunity for the U.S. longline fleet.                time, according to discussions between                restrictions on entangling materials on
                                                    Longline bigeye tuna catch limits have                  NMFS and U.S. industry                                FADs in the IATTC Convention Area.
                                                    been in place since 2009 (Resolution C–                 representatives, it is not more than 450              Although information compiled by ISSF
                                                    09–01), and extending and increasing                    FADs. Because this measure is not                     showed that the majority of the U.S.
                                                    the U.S. catch limit would likely                       expected to reduce the number of Active               purse seine fleet currently use materials
                                                    increase the profitability of the fishery.              FADs any U.S. purse seine vessel has in               on FADs that have a high risk of
                                                    The proposed action is not expected to                  the water, this proposed rule is not                  entanglement (e.g., hanging nets),
                                                    require any additional compliance effort                expected to reduce the profitability of               according to discussions between
                                                    or expense by affected vessels.                         the fishery and no disproportionate                   industry representatives and NMFS, the
                                                       Transfer of catch limit: The proposed                impacts between small and large                       purse seine fleet in the Pacific Ocean is
                                                    action also specifies the terms under                   businesses are expected. In addition,                 in the process of transitioning to
                                                    which the U.S. could transfer (e.g.,                    although there is an additional reporting             materials that do not have the highest
                                                    receive or provide) bigeye tuna catch                   requirement for Active FADs, vessel                   risk of entanglement. This is a result of
                                                    limit for longline vessels greater than 24              operators are already expected to be                  coordination between ISSF and U.S.
                                                    m. Although a few IATTC members                         collecting the necessary information and              industry and is expected to become
                                                    reportedly transferred portions of their                this is not expected to reduce                        effective in March 2018. Although there
                                                    catch limits to other IATTC members in                  profitability.                                        will likely be costs associated with this
                                                    the past, there were no formal                             As described previously, the proposed              transition, which will vary depending
                                                    procedures for such transfers in the                    action would prohibit FAD deployment                  on the materials available to the vessel
                                                    resolutions. To date, the United States                 15 days in advance of the selected                    and which materials the vessel uses,
                                                    has never engaged in transfers of bigeye                closure period. For those U.S. purse                  these measures are not expected to
                                                    tuna catch limits. The United States has                seine operators that typically deploy                 reduce the profitability of the fishery.
                                                    no intention of providing any of its                    FADs before the closure period, this                  Because all U.S. purse seine vessels
                                                    catch limit to another IATTC CPC. If                    restriction could result in adjustments               fishing with FADs would be impacted
                                                    there ever was a circumstance in the                    in fishing practices. For example, vessel             in a similar manner, no disproportionate
                                                    future where this would be considered                   operators that typically deploy FADs                  impacts between small and large
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    (e.g., if the U.S. longline fleet was no                during that time period might choose to               businesses are expected. In addition, the
                                                    longer in fishing in the IATTC                          deploy more FADs at earlier dates                     effective date for this proposed action is
                                                    Convention Area), NMFS would                            before the closure or choose to deploy                January 1, 2019, which provides
                                                    evaluate the economic impacts of doing                  fewer FADs overall. In addition, the                  additional time for compliance with this
                                                    this through a separate economic                        proposed action would require purse                   measure.
                                                    analysis. It is more likely, although                   seine vessels to remove, within 15 days                  With these additional restrictions on
                                                    there is no plan for doing so at this time,             prior to the start of the selected closure            FADs, U.S. purse seine vessels will
                                                    that NMFS would receive a transfer of                   period, a number of FADs equal to the                 continue to have the option to fish on


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                                                                        Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules                                            52707

                                                    unassociated sets throughout the IATTC                  the FAD is no longer active (i.e.,                      (ff) Fail to record or report data on
                                                    Convention Area. In addition,                           deactivated).                                         FADs as required in § 300.22(a)(3).
                                                    depending on the level of flexibility for               *     *     *      *    *                             *      *     *     *     *
                                                    FAD regulations in the WCPO, U.S.                          Force majeure means, for the purpose                 (ii) Activate the transmission
                                                    purse seine vessels could also fish in the              of § 300.25, a situation in which a vessel            equipment attached to a FAD in a
                                                    Area of Overlap without the IATTC                       at sea, except while transiting between               location other than on a purse seine
                                                    restrictions on FADs. However, the                      ports on a trip during which no fishing               vessel at sea as required in § 300.28(b).
                                                    other regulations in the Area of Overlap                                                                        (jj) Fail to turn on the tracking
                                                                                                            operations occur, is disabled by
                                                    still apply, such as carrying an IATTC                                                                        equipment for an Active FAD before
                                                                                                            mechanical and/or structural failure,
                                                    and WCPFC approved observer and                                                                               deploying at sea as required in
                                                                                                            fire or explosion.
                                                    being listed on the IATTC Regional                                                                            § 300.28(b).
                                                    Vessel Register per NMFS regulations                    *     *     *      *    *
                                                                                                                                                                    (kk) Have more Active FADs than
                                                    published in 50 CFR 300.21 (definition                  ■ 3. In § 300.22, the section heading and
                                                                                                                                                                  specified in § 300.28(c) in the IATTC
                                                    of the Convention Area). The current                    the paragraph heading for paragraph (a)               Convention Area at any one time.
                                                    regulations for the Area of Overlap                     are revised, and paragraph (a)(3) is                    (ll) Deploy a FAD in the IATTC
                                                    could also change in the future.                        added to read as follows:                             Convention Area during a period of 15
                                                       In summary, the proposed action is                                                                         days prior to the start of the selected
                                                    not expected to substantially change the                § 300.22 Recordkeeping and reporting
                                                                                                            requirements.                                         closure period in contravention of
                                                    typical fishing practices of affected                                                                         § 300.28(d)(1).
                                                    vessels. In addition, any impact to the                   (a) Logbooks and FAD data reporting.
                                                                                                                                                                    (mm) Fail to remove from the water a
                                                    income of U.S. vessels is expected to be                *       *    *      *    *                            number of FADs in the IATTC
                                                    minor. Therefore, NMFS has determined                     (3) FAD data reporting for purse seine              Convention Area equal to the number of
                                                    that the action is neither expected to                  vessels. (i) Reporting on FAD                         FADs set upon by the vessel during the
                                                    have a significant economic impact on                   interactions: U.S. vessel owners and                  15 days prior to the start of the selected
                                                    a substantial number of small entities                  operators must ensure that any                        closure period as required in
                                                    nor to have a disproportional economic                  interaction or activity with a FAD is                 § 300.28(d)(2).
                                                    impact on the small entities relative to                reported using a standard format                        (nn) Deploy, or have onboard a vessel,
                                                    the large entities. Given these                         provided by the HMS Branch. The                       a FAD in the IATTC Convention Area
                                                    conclusions, an Initial Regulatory                      owner and operator shall ensure that the              with non-authorized materials as
                                                    Flexibility Analysis is not required and                form is submitted within 30 days of                   required at § 300.28(e).
                                                    none has been prepared.                                 each landing or transshipment of tuna                 ■ 5. In § 300.25:
                                                    List of Subjects in 50 CFR Part 300                     or tuna-like species to the address                   ■ a. Revise paragraphs (a)(1) and (2);
                                                      Administrative practice and                           specified by the HMS Branch.                          ■ b. Add paragraph (a)(5);
                                                    procedure, Fish, Fisheries, Fishing,                       (ii) Reporting on active FADs: U.S.                ■ c. Revise paragraphs (e)(1) through (3),
                                                    Marine resources, Reporting and                         vessels owners and operators must                     and (e)(4)(ii);
                                                    recordkeeping requirements, Treaties.                   record or maintain daily information on               ■ d. Add paragraphs (e)(4)(iii) and (iv);
                                                                                                            all Active FADs in the IATTC                          and
                                                      Dated: November 8, 2017.
                                                                                                            Convention Area in the format provided                ■ e. Revise paragraphs (e)(5) and (6).
                                                    Samuel D. Rauch III,                                                                                            The additions and revisions read as
                                                                                                            by the HMS Branch. The HMS Branch
                                                    Deputy Assistant Administrator for                      will distribute a template describing the             follows:
                                                    Regulatory Programs, National Marine
                                                                                                            information to report. This information
                                                    Fisheries Service.                                                                                            § 300.25   Fisheries management.
                                                                                                            must be reported for each calendar
                                                       For the reasons set out in the                       month for which Active FADs are                          (a) * * *
                                                    preamble, 50 CFR part 300, subpart C,                   deployed in the Convention Area, and                     (1) Fishing seasons for all tuna species
                                                    is proposed to be amended as follows:                   submitted to the address specified by                 begin on 0000 hours Coordinated
                                                                                                            the HMS Branch. These reports must be                 Universal Time (UTC) January 1 and
                                                    PART 300—INTERNATIONAL                                  submitted no later than 90 days after the             end either on 2400 hours UTC
                                                    FISHERIES REGULATIONS                                   month covered by the report.                          December 31 or when NMFS closes the
                                                                                                            *       *    *      *    *                            fishery for a specific species.
                                                    ■ 1. The authority citation for 50 CFR                                                                           (2) For the calendar years 2018, 2019,
                                                    part 300, subpart C, continues to read as               ■ 4. In § 300.24, revise paragraphs (m),
                                                                                                                                                                  2020, there is a limit of 750 metric tons
                                                    follows:                                                (n), (ee), and (ff), and add paragraphs (ii)          of bigeye tuna that may be caught by
                                                                                                            through (nn) to read as follows:                      longline gear in the Convention Area by
                                                        Authority: 16 U.S.C. 951 et seq.
                                                                                                            § 300.24    Prohibitions.                             U.S. commercial fishing vessels that are
                                                    ■ 2. In § 300.21, add a definition of
                                                                                                            *     *     *     *      *                            over 24 meters in overall length. The
                                                    ‘‘Active FAD’’ in alphabetical order and
                                                                                                                                                                  catch limit within a calendar year is
                                                    revise the definition for ‘‘Force                         (m) Fail to stow gear as required in                subject to increase if the United States
                                                    majeure’’ to read as follows:                           § 300.25(a)(4)(iv) or (e)(6).                         receives a transfer of catch limit from
                                                    § 300.21    Definitions.                                  (n) Use a fishing vessel of class size              another IATTC member or cooperating
                                                                                                            4–6 to fish with purse seine gear in the              non-member, per paragraph (a)(5) of this
                                                    *     *     *     *    *
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                                                       Active FAD means, a fish aggregating                 Convention Area in contravention of                   section.
                                                    device that is equipped with gear                       § 300.25(e)(1), (e)(2), (e)(5) or (e)(6).             *      *      *    *    *
                                                    capable of tracking location, such as                   *     *     *     *      *                               (5) If the United States engages in a
                                                    radio or satellite buoys. A FAD with this                 (ee) Fail to ensure characters of a                 transfer of a bigeye tuna catch limit with
                                                    equipment shall be considered an                        unique code are marked indelibly on a                 another IATTC member or cooperating
                                                    Active FAD unless/until the equipment                   FAD deployed or modified on or after                  non-member, NMFS will publish a
                                                    is removed and the vessel owner or                      January 1, 2017, in accordance with                   notice in the Federal Register
                                                    operator notifies the HMS Branch that                   § 300.28(a)(2).                                       announcing the new catch limit that is


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                                                    52708               Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules

                                                    available to U.S. commercial fishing                    observe a closure period of 40                        on-board observer is unable to view the
                                                    vessels that are over 24 meters in overall              consecutive days the following year the               code, the captain or crew shall assist the
                                                    length. All restrictions described in                   force majeure event occurred, in one of               observer (e.g., by providing the FAD
                                                    paragraphs (a)(1) and (a)(3) through                    the two closure periods described in                  identification code to the observer).
                                                    (a)(4) of this section will continue to                 paragraph (e)(1) of this section.                        (b) Activating FADs for purse seine
                                                    apply.                                                     (iv) Any purse seine vessel for which              vessels. A vessel owner, operator, or
                                                    *       *     *     *     *                             a force majeure request is accepted by                crew shall deploy an Active FAD only
                                                       (e) Purse seine closures. (1) A                      the IATTC, must carry an observer                     while at sea and the tracking equipment
                                                    commercial purse seine fishing vessel of                aboard authorized pursuant to the                     must be turned on while the FAD is
                                                    the United States that is of class size 4–              International Agreement on the                        onboard the vessel and before being
                                                    6 (more than 182 metric tons carrying                   International Dolphin Conservation                    deployed in the water.
                                                    capacity) may not be used to fish with                  Program.                                                 (c) Restrictions on Active FADs for
                                                    purse seine gear in the Convention Area                    (5) A fishing vessel of the United                 purse seine vessels. U.S. vessel owners
                                                    for 72 days in each of the years 2018,                  States of class size 4–6 (more than 182               and operators of purse-seine vessels
                                                                                                            metric tons carrying capacity) may not                with the following well volume (m3) or
                                                    2019, and 2020 during one of the
                                                                                                            be used from 0000 hours on October 9                  fish hold capacity (mt) must not have
                                                    following two periods:
                                                       (i) From 0000 hours Coordinated                      to 2400 hours on November 8 in 2017                   more than the following number of
                                                                                                            to fish with purse seine gear within the              Active FADs per vessel in the IATTC
                                                    Universal Time (UTC) July 29, to 2400
                                                                                                            area bounded at the east and west by 96°              Convention Area at any one time:
                                                    hours UTC October 8, or
                                                       (ii) From 0000 hours UTC November                    and 110° W. longitude and bounded at
                                                                                                            the north and south by 4° N. and 3° S.                          Well                  Carrying           Active
                                                    9 to 2400 hours UTC January 19 of the                                                                                  volume                 capacity            FAD
                                                                                                            latitude.
                                                    following year.                                                                                                         (m3)                    (mt)              limit
                                                                                                               (6) At all times while a vessel is in a
                                                       (2) A vessel owner, manager, or
                                                                                                            time/area closed period established                   1,200 or more ......        1,408 or more             450
                                                    association representative of a vessel
                                                                                                            under paragraphs (e)(1) or (e)(5) of this             435–1,199 ............      510–1,407 .......         300
                                                    that is subject to the requirements of
                                                                                                            section, unless fishing under exceptions              213–425 ...............     182–363 ..........        120
                                                    paragraph (e)(1) of this section must
                                                                                                            established under paragraphs (e)(4) of                0–212 ...................   0–181 ..............       70
                                                    provide written notification to the
                                                                                                            this section, the fishing gear of the
                                                    Regional Administrator declaring to                                                                              (d) Restrictions on FAD deployments
                                                                                                            vessel must be stowed in a manner as
                                                    which one of the two closure periods                                                                          and removals. (1) U.S. vessel owners,
                                                                                                            not to be readily available for fishing. In
                                                    identified in paragraph (e)(1) of this                                                                        operators, and crew of purse seine
                                                                                                            particular, the boom must be lowered as
                                                    section his or her vessel will adhere in                                                                      vessels of class size 4–6 (more than 182
                                                                                                            far as possible so that the vessel cannot
                                                    that year. This written notification must                                                                     metric tons carrying capacity) must not
                                                                                                            be used for fishing, but so that the skiff
                                                    be submitted by fax at (562) 980–4047                                                                         deploy a FAD during a period of 15 days
                                                                                                            is accessible for use in emergency
                                                    or email at RegionalAdministrator.                                                                            prior to the start of the selected closure
                                                                                                            situations; the helicopter, if any, must
                                                    WCRHMS@noaa.gov and must be                                                                                   period described in § 300.25(e)(1).
                                                                                                            be tied down; and launches must be
                                                    received no later than July 1 prior to the                                                                       (2) U.S. vessel owners, operators, and
                                                                                                            secured.
                                                    first closure period within a calendar                                                                        crew of purse seine vessels of class size
                                                    year. The written notification must                     *      *     *     *    *
                                                                                                            ■ 5. Add § 300.28 to Subpart C to read                6 (greater than 363 metric tons carrying
                                                    include the vessel name and registration                                                                      capacity) must remove from the water a
                                                    number, the closure dates that will be                  as follows:
                                                                                                                                                                  number of FADs equal to the number of
                                                    adhered to by that vessel, and the vessel               § 300.28 Fish aggregating device                      FADs set upon by the vessel during the
                                                    owner or managing owner’s name,                         restrictions.                                         15 days prior to the start of the closure
                                                    signature, business address, and                          (a) FAD identification requirements                 period selected by the vessel per
                                                    business telephone number.                              for purse seine vessels. (1) For each FAD             § 300.25(e)(1).
                                                       (3) If written notification is not                   deployed or modified on or after                         (e) FAD design to reduce
                                                    submitted per paragraph (e)(2) of this                  January 1, 2017, in the IATTC                         entanglements. No later than January 1,
                                                    section for a vessel subject to the                     Convention Area, the vessel owner or                  2019, all FADs onboard or deployed by
                                                    requirements under paragraph (e)(1) of                  operator must either: Obtain a unique                 U.S. vessel owners, operators, or crew,
                                                    this section, that vessel must adhere to                code from HMS Branch; or use an                       must comply with the surface (e.g., raft)
                                                    the second closure period under                         existing unique identifier associated                 and subsurface component terms of
                                                    paragraph (e)(1)(ii) of this section.                   with the FAD (e.g., the manufacturer                  either paragraph (e)(1)(i) or (e)(1)(ii) of
                                                    *       *      *    *     *                             identification code for the attached                  this section. The use of netting with a
                                                       (4) * * *                                            buoy).                                                mesh size greater than 7 centimeters/2.5
                                                       (ii) If the request for an exemption                   (2) U.S. purse seine vessel owners and              inches stretched mesh is prohibited on
                                                    due to force majeure is accepted by the                 operators shall ensure the characters of              all parts of a FAD.
                                                    IATTC, the vessel must observe a                        the unique code or unique identifier be                  (1) Non-Entangling FADs must not
                                                    closure period of 40 consecutive days in                marked indelibly at least five                        include netting on any parts of the FAD,
                                                    the same year during which the force                    centimeters in height on the upper                    and the raft must either not be covered
                                                    majeure event occurred, in one of the                   portion of the attached radio or satellite            or covered with shade cloth or canvas.
                                                    two closure periods described in                        buoy in a location that does not cover                The subsurface structure must be made
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    paragraph (e)(1) of this section.                       the solar cells used to power the                     with ropes, canvas, or nylon sheets
                                                       (iii) If the request for an exemption                equipment. For FADs without attached                  (diagram on the right in Figure 1 to
                                                    due to force majeure is accepted by the                 radio or satellite buoys, the characters              paragraph (e)(2)).
                                                    IATTC and the vessel has already                        shall be on the uppermost or emergent                    (2) Lower Entanglement Risk FADs
                                                    observed a closure period described in                  top portion of the FAD. The vessel                    may use small mesh netting (mesh may
                                                    paragraph (e)(1) of this section in the                 owner or operator shall ensure the                    not exceed 7 centimeters/2.5 when
                                                    same year during which the force                        marking is visible at all times during                stretched) for either the surface or
                                                    majeure event occurred, the vessel must                 daylight. In circumstances where the                  subsurface components. If the raft is


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                                                                        Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules                                           52709

                                                    covered and small mesh netting is used,                 be comprised of shade cloth or canvas.                into a panel that is weighted so as to
                                                    it must be tightly wrapped around the                   Any small mesh netting used in the                    keep it taut (diagram on the left in
                                                    raft with no loose netting hanging from                 subsurface structure must be tightly tied             Figure 1 to paragraph (e)(2)).
                                                    it. Any other covering on the raft must                 into bundles (‘‘sausages’’), or formed




                                                    [FR Doc. 2017–24606 Filed 11–13–17; 8:45 am]
                                                    BILLING CODE 3510–22–P
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Document Created: 2018-10-25 10:32:59
Document Modified: 2018-10-25 10:32:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments on the proposed rule and supporting documents must be submitted in writing by December 14, 2017.
ContactRachael Wadsworth, NMFS at 562-980- 4036.
FR Citation82 FR 52700 
RIN Number0648-BH13
CFR AssociatedAdministrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

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