Proposed Rule2022-06345
International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna and Silky Shark in the Eastern Pacific Ocean for 2022 and Beyond
Primary source
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Published
March 28, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations under the Tuna Conventions Act (TCA) of 1950, as amended, to implement Resolution C-21-04 (Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean During 2022- 2024) and Resolution C-21-06 (Conservation Measures for Shark Species, with Special Emphasis on the Silky Shark (Carcharhinus Falciformis), for the Years 2022 and 2023), which were adopted at the Resumed 98th Meeting of the Inter-American Tropical Tuna Commission (IATTC) in October 2021. This proposed rule implements the C-21-04 fishing management measures for tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). The fishing restrictions would apply to purse seine vessels of class sizes 4-6 (carrying capacity of 182 metric tons (mt) or greater) and longline vessels greater than 24 meters (m) in overall length that fish for tropical tuna in the EPO. To implement Resolution C-21-06, which extended the previous IATTC resolution on silky shark for 2 years, NMFS is proposing for existing regulations on silky shark to continue in effect with no proposed amendments. This proposed rule is necessary for the conservation of tropical tuna stocks and silky shark in the EPO and for the United States to satisfy its obligations as a member of the IATTC.
Full Text
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<title>Federal Register, Volume 87 Issue 59 (Monday, March 28, 2022)</title>
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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17248-17261]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06345]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220321-0075]
RIN 0648-BK84
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for Tropical Tuna and Silky Shark in the Eastern Pacific
Ocean for 2022 and Beyond
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 17249]]
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations under the Tuna Conventions Act (TCA)
of 1950, as amended, to implement Resolution C-21-04 (Conservation
Measures for Tropical Tunas in the Eastern Pacific Ocean During 2022-
2024) and Resolution C-21-06 (Conservation Measures for Shark Species,
with Special Emphasis on the Silky Shark (Carcharhinus Falciformis),
for the Years 2022 and 2023), which were adopted at the Resumed 98th
Meeting of the Inter-American Tropical Tuna Commission (IATTC) in
October 2021. This proposed rule implements the C-21-04 fishing
management measures for tropical tuna (i.e., bigeye tuna (Thunnus
obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna
(Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). The fishing
restrictions would apply to purse seine vessels of class sizes 4-6
(carrying capacity of 182 metric tons (mt) or greater) and longline
vessels greater than 24 meters (m) in overall length that fish for
tropical tuna in the EPO. To implement Resolution C-21-06, which
extended the previous IATTC resolution on silky shark for 2 years, NMFS
is proposing for existing regulations on silky shark to continue in
effect with no proposed amendments. This proposed rule is necessary for
the conservation of tropical tuna stocks and silky shark 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 April 27, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0136, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2021-0136'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> 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-2021-0136'' 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
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 supporting documents that were prepared for this proposed
rule, including the regulatory impact review (RIR) are available via
the Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>, docket
NOAA-NMFS-2021-0136, or contact Rachael Wadsworth, NMFS WCR SFD, NMFS
West Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200,
Long Beach, CA 90802, or <a href="/cdn-cgi/l/email-protection#207763720e686d73604e4f41410e474f56"><span class="__cf_email__" data-cfemail="4f180c1d6107021c0f21202e2e61282039">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS WCR, at (206)
561-3457.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
under the 1949 Convention for the Establishment of an Inter-American
Tropical Tuna Commission (1949 Convention). In 2003, the IATTC updated
the 1949 Convention through the adoption of the Convention for the
Strengthening of the IATTC Established by the 1949 Convention between
the United States of America and the Republic of Costa Rica (Antigua
Convention). The Antigua Convention entered into force in 2010. The
United States acceded to the Antigua Convention on February 24, 2016.
The full text of the Antigua Convention is available at: <a href="https://www.iattc.org/PDFFiles/IATTC-Instruments/_English/IATTC_Antigua_Convention%20Jun%202003.pdf">https://www.iattc.org/PDFFiles/IATTC-Instruments/_English/IATTC_Antigua_Convention%20Jun%202003.pdf</a>.
The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC facilitates scientific research, 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
under the Tuna Conventions Act of 1950, as amended, 16 U.S.C. 951 et
seq. (Pub. L. 114-81) (TCA). The TCA directs the Secretary of Commerce,
in consultation with the Secretary of State and, with respect to
enforcement measures, the U.S. Coast Guard, to promulgate such
regulations as may be necessary to carry out the United States'
obligations under the Antigua Convention, including recommendations and
decisions adopted by the IATTC. The authority of the Secretary of
Commerce to promulgate such regulations has been delegated to NMFS.
IATTC Resolutions on Tropical Tuna Conservation and Silky Shark
The IATTC held multiple annual meetings, virtually, in June,
August, and October 2021. The IATTC ultimately adopted a new tropical
tuna Resolution, Resolution C-21-04 (Conservation Measures for Tropical
Tunas in the Eastern Pacific Ocean During 2022-2024), at the Resumed
98th Meeting of the IATTC in October 2021. The IATTC also adopted
Resolution C-21-06 (Conservation Measures for Shark Species, with
Special Emphasis on the Silky Shark (Carcharhinus Falciformis), for the
Years 2022 and 2023). This Resolution is a two-year extension of the
previous resolution on silky shark, which was set to expire at the end
of the 2021 calendar year.
Many of the provisions of the newly adopted Resolution C-21-04 are
identical in content to those contained in the previous IATTC
resolutions on tropical tuna management that were in place from 2018-
2021 (C-20-06; Tropical Tunas Conservation in the EPO during 2021,
pursuant to RES C-20-05; and C-17-02; Multiannual Program for the
Conservation of Tuna in the Eastern Pacific Ocean During 2018-2020).
Resolution C-21-04 continues to include provisions for a 72-day EPO
fishing closure period for purse seine vessels, exemptions from that
closure period due to force majeure, a 31-day time/area EPO fishing
closure period for purse seine vessels, catch limits of bigeye tuna
caught in the EPO for longline vessels greater than 24 m in
[[Page 17250]]
overall length, catch limit transfer requirements for bigeye tuna, a
requirement that all tropical tuna be retained and landed (with some
exceptions), and restrictions on the use and design of fish aggregating
devices (FADs).
In addition to the existing measures, Resolution C-21-04 contains
new measures not included in previous tropical tuna resolutions. These
include a system of additional closure days for purse seine vessels
that exceed an annual catch level of 1,200 mt for bigeye tuna and
amendments to provisions related to force majeure exemptions from the
72-day closure period requirement. The Resolution also includes several
new restrictions on FADs that include a gradual reduction in the number
of active FADs allowed, additional reporting requirements for satellite
buoys including activations and deactivations, and specification of
circumstances where activations and deactivations are allowed. The
Resolution also includes requirements for reporting cannery data and
Vessel Monitoring Systems (VMS) data to the IATTC.
Proposed Regulations
This proposed rule would be implemented under the TCA (16 U.S.C.
951 et seq.) and proposes changes to part 300, subpart C of title 50 of
the Code of Federal Regulations (CFR). Although Resolutions C-21-04 and
C-21-06 are in effect through 2024 and 2023 respectively, NMFS does not
intend for the proposed regulations to expire concurrently with the
Resolutions. Instead, because the IATTC will likely continue to adopt
similar conservation and management measures upon expiration of those
resolutions, and to avoid a lapse in the management of the fishery that
may occur between expiration of the proposed regulations and
implementation of new measures adopted by the IATTC, the proposed
regulations would remain in effect until they are amended or replaced.
The TCA gives NMFS the authority to . . . promulgate such
regulations as may be necessary to carry out the United States
international obligations under the Convention and this chapter,
including recommendations and decisions adopted by the Commission. 16
U.S.C. 955(a). In past years, NMFS has implemented IATTC resolutions
for specific calendar years, and this approach has led to lapses in
management in the affected fisheries in subsequent years. Given the
time-consuming nature of the U.S. domestic rulemaking process, combined
with the increasingly frequent delayed adoption of IATTC resolutions,
implementing domestic measures that do not expire until new measures
are in place is necessary to carry out the United States' international
obligations under the Antigua Convention and the TCA because it will
ensure there is no lapse in management of the tropical tuna fishery or
silky shark measures in the EPO.
Thus, unless a date is specified in the text of the regulation, the
proposed regulations would remain in effect until they are amended or
replaced. NMFS does intend to publish proposed and final rules to
implement new resolutions adopted by the IATTC as expeditiously as
possible; however, this approach would allow existing regulations to
remain in force and prevent any lapse in regulatory coverage caused by
expirations. Because the IATTC adopted Resolution C-21-04 as a three-
year conservation and management measure (2022-2024), the supporting
analyses for this rule (discussed later in the Classification section)
cover a three-year time period, with the understanding that these
analyses would need to be supplemented should the measures remain in
effect for more than three years. Likewise, the supporting analyses for
Resolution C-21-06, which was adopted as a two-year conservation
measure (2022-2023), cover a two-year period, with the understanding
that these analyses would also need to be supplemented should the
measures remain in effect for more than two years.
Tuna Conservation Measures for 2022 and Beyond
The proposed rule would implement the provisions of Resolution C-
21-04 and applies to U.S. commercial fishing vessels using purse seine
and longline gear to catch tropical tuna in the IATTC Convention Area.
Several provisions included in Resolution C-21-04 do not need to be
implemented through this proposed rule because they were already
codified in regulations and are not set to expire. The continuing and
new tropical tuna provisions are described below.
First, this proposed rule would maintain a 750 mt catch limit on
bigeye tuna caught by longline vessels greater than 24 m in overall
length in the IATTC Convention Area (50 CFR 300.25(a)(2)). Second, the
proposed rule would maintain the prohibition on purse seine vessels of
class size 4 to 6 (i.e., vessels with a carrying capacity greater than
182 mt) from fishing for tropical tuna in the IATTC Convention Area for
a period of 72 days (50 CFR 300.25(e)(1)). Specifically, vessels will
continue to be prohibited from fishing in the EPO for 72 days during
one of the following two periods: (1) From July 29 to October 8; or (2)
from November 9 to January 19 of the following year (50 CFR
300.25(e)(1)(i) and (ii)). Third, the proposed rule would maintain a
closure period (i.e., Corralito closure) for the purse seine fishery
for tropical tuna 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 (50 CFR 300.25(e)(5)). The three regulations described in
this paragraph would be amended by this proposed rule solely to specify
that they apply beyond the 2021 calendar year and would no longer be
linked to specific years in the regulations. Due to the addition of new
requirements in Sec. 300.25(e) (discussed later in this section), the
closure requirement described in Sec. 300.25(e)(5) would also be moved
to Sec. 300.25(e)(6).
This proposed rule would also continue, for 2022 and beyond,
several other regulations that were in effect in 2021 but that did not
specify in the regulatory text the calendar years to which they apply.
Therefore, under this proposed rule, those regulations would continue
to be in effect with no changes or with minor clarifying revisions, as
indicated below:
<bullet> Provisions related to transferring longline catch limits
for bigeye tuna between IATTC members (50 CFR 300.25(a)(5)).
<bullet> Provisions related to selection of a 72-day closure period
(50 CFR 300.25(e)(2) and (3)). Due to the addition of new regulations
in Sec. 300.25(e), these provisions would be moved from Sec.
300.25(e)(2) and (3) to Sec. 300.25(e)(3) and (4), and they would also
include minor non-substantive clarifying revisions.
<bullet> Provisions related to exemptions from the 72-day closure
period requirement due to force majeure (50 CFR 300.25(e)(4)). Due to
the addition of new requirements in Sec. 300.25(e), these provisions
would be moved from Sec. 300.25(e)(4) to Sec. 300.25(e)(5). The
regulation would also include non-substantive revisions intended to
clarify eligibility for a force majeure exemption.
<bullet> Requirements related to stowing gear during time/area
closure periods (50 CFR 300.25(e)(6)). Due to the addition of new
requirements in Sec. 300.25(e), this requirement would be moved from
Sec. 300.25(e)(6) to Sec. 300.25(e)(7).
<bullet> A requirement for all tropical tuna to be retained on
board and landed (with certain exceptions) (50 CFR 300.27(a)).
[[Page 17251]]
<bullet> A number of restrictions related to FADs for purse seine
vessels in the IATTC Convention Area (50 CFR 300.22(a)(3); 50 CFR
300.28). Due to proposed changes to Sec. 300.22, the FAD restrictions
in Sec. 300.22(a)(3) would be moved to Sec. 300.22(c). The regulation
would include some non-substantive revisions intended to clarify the
existing reporting requirements for Active FADs.
<bullet> The prohibitions against failing to comply with gear-
stowing restrictions, retention requirements, and FAD-related
restrictions (50 CFR 300.24(e), (f), (m), (nn), (oo), and (pp)).
This proposed rule would implement several new fishing restrictions
on purse seine vessels, in accordance with Resolution C-21-04. The new
restrictions include a system of additional closure days for class 4-6
purse seine vessels that exceed specified annual catch levels for
bigeye tuna (see proposed 50 CFR 300.25(e)(2)). These catch levels
would begin at 1,200 mt of bigeye tuna with 10 additional closure days
and would increase incrementally by 300 mt and 3 additional closure
days beyond that level. In 2023 and 2024, U.S. purse seine vessels that
exceed a certain annual catch level of bigeye tuna would be required to
increase the number of closure days they observe in the following year,
as specified in Table 1.
Table 1--Bigeye Tuna Catch Levels and Corresponding Additional Closure
Days
------------------------------------------------------------------------
Additional
Catch level (mt) exceeded closure days
observed
------------------------------------------------------------------------
1,200................................................... 10
1,500................................................... 13
1,800................................................... 16
2,100................................................... 19
2,400................................................... 22
------------------------------------------------------------------------
In addition, the proposed rule would implement minor revisions to
force majeure exemptions from the 72-day closure period requirement to
clarify when to submit information to NMFS and that the exemption does
not apply to the additional closure days (see proposed 50 CFR
300.25(e)(5)(i)-(vi)).
The proposed rule would also implement several new restrictions on
FADs. These include proposed changes to 50 CFR 300.28(c) to provide for
a gradual reduction in the number of active FADs allowed from 2022 to
2024 and beyond, additional reporting requirements for satellite buoys,
including specific information about activations and deactivations, in
proposed 50 CFR 300.22(c)(3), and (4), and specification of
circumstances where activations and deactivations are allowed in the
proposed changes to 50 CFR 300.28(d) and (e). The proposed rule would
also implement new requirements for vessel owners or operators to
report cannery data directly to the IATTC, and to also make the data
available to NMFS upon request, no later than 10 days after completion
of unloading and the last day of grading by size (see proposed 50 CFR
300.22(d)). Cannery data reported to NMFS would be treated as
confidential in accordance with NOAA Administrative Order 216-100 for
confidential fisheries data, and data provided from NMFS to IATTC or
directly to IATTC from vessel owners or operators would be kept
confidential according to IATTC confidentiality standards. Further
instructions about reporting would be included in a compliance guide
available with the final rule. The proposed changes to 50 CFR 300.21
would add definitions for ``activation of a satellite buoy,''
``deactivation of a satellite buoy,'' ``reactivation of a satellite
buoy,'' ``signal loss,'' and would revise the ``Active FAD''
definition. The corresponding prohibitions listed in proposed 50 CFR
300.24 are also updated accordingly. Finally, this action also notifies
the public that, consistent with the VMS reporting requirements
specified in paragraph 25 of Resolution C-21-04 and beginning on
January 1, 2023. NMFS would report VMS data, which vessels are
currently required to submit under 50 CFR 300.26, to the IATTC. VMS
data reported from NMFS to the IATTC would be kept confidential
according to IATTC confidentiality standards.
In addition to implementing the measures in the tropical tuna
resolution, the proposed rule would also slightly reorganize 50 CFR
part 300, subpart C and clarify existing regulations pertaining to the
IATTC Regional Vessel Register (RVR). Specifically, the regulations in
50 CFR 300.23, ``Persons and vessels exempted,'' would be moved to 50
CFR 300.20, ``Purpose and scope,'' and the regulations pertaining to
the RVR, currently found in 50 CFR 300.22(b), would be moved to 50 CFR
300.23, which would be renamed ``IATTC Regional Vessel Register.'' This
change is intended to provide easier access to the RVR regulations. The
RVR regulations in 50 CFR 300.23 would also include some minor
housekeeping edits for clarifying purposes.
Silky Shark Regulations
The IATTC also extended existing conservation measures for silky
shark without change (see Resolution C-21-06). Therefore, under this
proposed rule the silky shark regulations in 50 CFR 300.27 (e) and (f)
would continue to be in effect without change. Those regulations
prohibit U.S. purse seine and longline vessels from retaining on board,
transshipping, storing, or landing any part or whole carcass of a silky
shark, with the exception of silky shark caught by purse seine that is
not seen during fishing operations and is delivered into the vessel
hold. Even though the text of those regulations will remain unchanged,
NMFS is proposing to change the title of Sec. 300.27(e) to make clear
that paragraph applies to both purse seine and longline vessels.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the TCA 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.
This proposed rule includes changes to collection of information
requirements for purposes of the Paperwork Reduction Act of 1995. The
existing collection of information requirements for longline vessels
would continue to apply under OMB Control Number 0648-0214 (Pacific
Islands Region Logbook Family of Forms). NMFS is amending the
supporting statement for the West Coast Region Pacific Tuna Fisheries
Logbook, Fish Aggregating Device Form, and Observer Safety Reporting,
Office of Management and Business (OMB) Paperwork Reduction Act (PRA)
requirements (OMB Control No. 0648-0148) to include the new data
collection requirements for deactivations and reactivations of
satellite buoys associated with FADs and for cannery data as described
in the preamble. NMFS estimates that the public reporting burden for
the collection of information for satellite buoys associated with FADs
will average 3 minutes per form and average 5 minutes for cannery data,
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 buoy and
cannery data collection 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
[[Page 17252]]
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 <a href="/cdn-cgi/l/email-protection#226d6b70637d7157404f4b51514b4d4c624d4f400c474d520c454d54"><span class="__cf_email__" data-cfemail="fdb2b4afbca2ae889f90948e8e949293bd92909fd398928dd39a928b">[email protected]</span></a>, or
fax to (202) 395-5806.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved NOAA
collections of information may be viewed at: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
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.
The action proposed would implement provisions of Resolution C-21-
04 and C-21-06. This action would apply to U.S. commercial fishing
vessels using longline and purse seine gear and fishing for tropical
tuna stocks in the IATTC Convention Area. There are three objectives of
the proposed action: (1) Manage U.S. fishing activities for tropical
tuna in the EPO for the benefit of maximizing harvests while avoiding
overfishing, (2) maintain mitigation measures for silky shark, and (3)
fulfill the international obligations of the United States as a member
of the IATTC.
As described under ``Proposed Regulations'' several regulations are
already in place and would not be substantively amended through this
rulemaking. Without the proposed action, U.S. fisheries would be
allowed to target tropical tuna in the Convention Area without
restrictions (except for existing permit requirements). This may
contribute to overfishing conditions of tuna resources and fewer
conservation measures for silk sharks. 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 for the
production of the stocks to be maintained at levels where the largest
catch can be taken over time. The implementation of Resolution C-21-04
and C-21-06 through the proposed action will result in the sharing of
sustainable benefits from Pacific tuna fishery resources among the
IATTC member and cooperating non-member 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.
For Regulatory Flexibility Act (RFA) compliance purposes only, 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) (80 FR 81194, Dec. 29,
2015). The $11 million standard became effective on July 1, 2016 and
replaced previous U.S. Small Business Administration small business
standards 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.
NMFS prepared analyses for this regulatory action based on these
size standards. All of the entities directly regulated by this
regulatory action are commercial finfish fishing businesses. Under
these size standards, the U.S. purse seine vessels regulated by this
action include both large and small businesses. The longline vessels
this action applies to are considered to be small businesses.
U.S. Purse Seine Vessels Fishing in the IATTC Convention Area
There are two components to the U.S. tuna purse seine fishery in
the EPO: (1) Large purse seine vessels (class size 6; greater than 363
mt carrying capacity) 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-
21-04 and the proposed regulations include restrictions for class size
4-5 (182-363 mt carrying capacity) purse seine vessels, there are
currently no U.S. vessels of class sizes 4-5 registered to fish in the
IATTC Convention Area, nor have there been in the past ten years.
Therefore, the proposed regulations for class size 4-5 purse seine
vessels are not expected to have any impact on U.S. vessel owners or
operators.
As of January 2022, there are 15 class size 6 U.S. purse seine
vessels registered to fish in the IATTC Convention Area. From 2005
through 2014, three or fewer class 6 purse seine vessels fished in the
Convention Area. From 2015 and onward, more than three purse seine
vessels fished in the Convention Area. 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. In addition, one U.S. class 6 purse seine vessel has permission
to fish on dolphins in 2022 and may be eligible to fish on dolphins in
the future. This vessel could also fish on floating objects and
unassociated sets as it has done in the past. Prior to 2017, no U.S.
purse seine vessel had fished on dolphins in over 10 years.
For large purse seine vessels that fished exclusively in the EPO,
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, Regional Purse Seine
Logbook (RPL) data from NMFS' Pacific Islands Fisheries Science Center
(PIFSC), and observer data from the IATTC may be used as a proxy for
fish landings by large U.S. purse seiners, in lieu of cannery receipts.
Because neither gross receipts nor ex-vessel price information specific
to individual fishing vessels are available to NMFS, NMFS applied
indicative regional cannery prices--as approximations of ex-vessel
prices--to annual catches of individual vessels obtained from RPLs and
IATTC observer data, to estimate the vessels' annual receipts.
Indicative regional cannery prices are available through 2020
(developed by the Pacific Islands Forum Fisheries Agency; available at
<a href="https://www.ffa.int/node/425">https://www.ffa.int/node/425</a>). NMFS estimated vessels' annual receipts
during 2019-2020. Using this approach, NMFS estimates that, among the
affected vessels, the range in annual average receipts in 2019-2020 was
$400,000 to $15 million with an average of approximately $8 million.
NMFS estimates the number of affected U.S. purse seine vessels
using 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 January
2021, the number of U.S. purse seine vessels with WCPFC Area
Endorsements was 14. Based on limited financial information about the
[[Page 17253]]
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 considered to be small entities for purposes
of 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.
U.S. Longline Vessels That Fish in the IATTC Convention Area
As of January 2021, the IATTC Regional Vessel Register lists 149
U.S. longline vessels that have the option to fish in the IATTC
Convention Area, 35 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. Additionally, there are U.S. longline
vessels based on the U.S. West Coast, some of which operate under the
Pacific Highly Migratory Species (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
exclusive economic zone.
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 information is not disclosed. 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 12 vessels in 2020. In
2020, 837 mt of HMS (excluding striped marlin, pelagic thresher shark,
and bigeye thresher shark) were landed in West Coast ports by Hawaii
permitted longline vessels with a total ex-vessel revenue of about $4.7
million. The average ex-vessel revenue for each vessel is approximately
$393,000. 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 the profitability of a substantial number of small
entities or a disproportionate economic effect on small entities
relative to large entities. The entities impacted by the action related
to purse seine vessels are considered to include both large and small
businesses, and the entities impacted by the action related to longline
vessels are considered to be small businesses. All of the measures in
the Resolution on silky shark have been in place for years and
therefore make no changes to current requirements. The majority of the
provisions in the tropical tuna Resolution maintain purse seine
regulations that have been in place for years and are therefore routine
for the purse seine fleet. However, as described above, there are some
new provisions included in the new tropical tuna Resolution. The
proposed changes to the 2022 regulations to implement these new
provisions, and the expected economic effects of these changes, are
discussed in detail below.
Additional closure days: The proposed action would add 10 closure
days for purse seine vessels that catch more than 1,200 mt of bigeye
tuna, and would add 3 additional closure days for every additional 300
mt caught beyond the 1,200 mt. In reviewing catch levels for U.S. purse
seine vessels from 2017-2020, only one U.S. vessel caught more than
1,200 mt in a single year. Thus, it is not expected that many, if any,
U.S. vessels will need to adhere to additional closure days. For
vessels that may need to observe additional closure days, the majority
of vessels have the option to fish in the WCPO, pending closures in the
WCPFC Convention Area.
FAD limits and buoy restrictions: With respect to limits on active
FADs, all large U.S. purse seine vessels currently on the IATTC
Regional Vessel Register have a well volume of 1,200 m\3\ or more.
Therefore, the limits of 400 and 340 active FADs per large U.S. purse
seine vessel would apply in 2022 and beyond, respectively. According to
2018-2020 purse seine effort data provided by IATTC scientific staff,
the average number of active FADs per U.S. vessel is approximately 90
and the maximum number per vessel is 271. Thus, these proposed
regulations are not expected to reduce the number of active FADs any
U.S. purse seine vessel has in the water. As a result, these measures
are not expected to reduce the profitability of the fishery, and no
disproportionate impacts between small and large businesses are
expected. The proposed action to impose restrictions on buoy
deactivations and reactivations are not expected to change the fishing
behavior of the U.S. fleet. In addition, although there are additional
reporting requirements for active FADs, deactivations, and
reactivations, vessel operators are already expected to be collecting
the necessary information from satellite companies as part of current
operations, and therefore reporting this additional information is not
expected to impose an additional burden that would reduce
profitability.
Reporting requirements: The proposed action would also implement
requirements for reporting cannery data to the IATTC and making data
available to NMFS upon request, as well as requirements for NMFS to
report VMS data to the IATTC beginning in 2023. Cannery data is already
collected by purse seine vessel owners as a part of current operations.
Vessel owners would not need to change any reporting requirements for
VMS data because data is already provided to NMFS and NMFS would
provide to IATTC. Therefore, neither of these reporting requirements
are expected to reduce the profitability of the fishery or have
disproportionate impacts between small and large businesses.
Force Majeure: The proposed action would make minor revisions to
force majeure regulations for consistency with the Resolution and for
clarification purposes. For example, the revisions would clarify that
U.S. vessel managers send NMFS requests ``no later than 20 calendar
days after the end of the period of inactivity due to force majeure,''
versus the existing ``within 20 calendar days after the vessel has been
unable to proceed to sea for 72 days.'' This would give vessels more
flexibility, consistent with the Resolution, on the timing of when they
submit their requests. The proposed action would also make minor edits
such as updating contact information for force majeure requests and
clarifying that force majeure does not apply to additional closure days
for exceeding bigeye tuna catch levels. Since 2013, when the force
majeure provisions first went into effect, the United States has
requested force majeure exemptions five times. Because U.S. 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. The economic effects from these revisions would likely be
positive for vessels that are granted an exemption due to force
majeure, as the proposed measure is expected to provide relief to U.S.
purse seine vessels that experience an unforeseen circumstance and
would otherwise fish fewer days in a calendar year.
Silky shark: Under the proposed action, existing silky shark
regulations would continue to be in effect without change. The existing
regulations prohibit retention on longline vessels and purse seine
vessels, with an exception for silky shark that is not seen during
fishing operations and is
[[Page 17254]]
delivered into the vessel hold. U.S. longline vessels fishing in the
IATTC Convention Area, whether under the Hawaii Longline Limited Access
Permit or the Pacific HMS permit, do not target silky shark and all
those caught incidentally, are released. For purse seine vessels, the
proposed action would continue to allow exemptions for silky shark not
seen during fishing operations and delivered into the vessel hold. In
these situations, the silky shark may be stored on board and landed,
but the vessel owner or operator must surrender the whole silky shark
to the responsible government authority present at the point of
landing. If the governmental authorities are unavailable, the whole
silky shark surrendered must not be sold or bartered but must be
donated for purposes of domestic human consumption. It is not expected
that the proposed rule would change the vessels' fishing practices, due
to the continuation of existing regulations. The proposed action is not
expected to reduce profitability; thus, compliance with this measure is
not expected to impose negative economic impacts on U.S. longline
vessels fishing in the IATTC Convention Area.
In summary, the proposed action is not expected to substantially
change the typical fishing practices of affected vessels. Any impact to
the income of U.S. vessels is expected to be minor. Therefore, NMFS has
determined that the action is not expected to have a significant
economic impact on a substantial number of small entities, or a
disproportionate economic impact on the small entities relative to the
large entities. Therefore, 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: March 22, 2022.
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. Revise Sec. 300.20 to read as follows:
Sec. 300.20 Purpose and scope.
(a) The regulations in this subpart are issued under the authority
of the Tuna Conventions Act of 1950, as amended, (Act) and apply to
persons and vessels subject to the jurisdiction of the United States.
The regulations implement recommendations and other decisions of the
Inter-American Tropical Tuna Commission (IATTC) for the conservation
and management of stocks of tunas and tuna-like species and other
species of fish taken by vessels fishing for tunas and tuna-like
species in the IATTC Convention Area. The Secretary of Commerce, in
consultation with the Secretary of State and, with respect to
enforcement measures, the U.S. Coast Guard, may promulgate such
regulations as may be necessary to carry out the U.S. international
obligations under the Convention for the Establishment of an Inter-
American Tropical Tuna Commission (Convention), the Convention for the
Strengthening of the Inter-American Tropical Tuna Commission
Established by the 1949 Convention between the United States of America
and the Republic of Costa Rica (Antigua Convention), and the Act,
including recommendations and other decisions adopted by the IATTC.
(b) This subpart does not apply to:
(1) any person or vessel authorized by the IATTC, the Assistant
Administrator, or any state of the United States to engage in fishing
for research purposes; or
(2) any person or vessel engaged in sport fishing for personal use.
0
3. Amend Sec. 300.21 by revising ``Active FAD'' and ``Fish aggregating
device (FAD)'' and adding definitions, in alphabetical order, for
``Activation of a satellite buoy,'' ``Deactivation of a satellite
buoy,'' ``Reactivation of a satellite buoy,'' ``Satellite buoy,'' and
``Signal loss,'' to read as follows:
Sec. 300.21 Definitions.
* * * * *
Active FAD means a FAD deployed at sea where activation of the
satellite buoy has occurred and the satellite buoy is transmitting its
location and is being tracked by the vessel owner or operator. A FAD
shall be considered an Active FAD unless/until the vessel owner or
operator is no longer tracking its location and the vessel owner or
operator notifies the IATTC that the FAD is deactivated.
Activation of a satellite buoy means the act of initializing
network service for receiving the satellite buoy's position. Activation
is done by the buoy supplier company at the request of the vessel owner
or manager. Following activation, the vessel owner pays for the
communication service. The buoy can be transmitting or not, depending
if it has been switched on.
* * * * *
Deactivation of a satellite buoy means the act of canceling network
service for receiving the satellite buoy's position. Deactivation is
done by the buoy supplier company at the request of the vessel owner or
manager. Following deactivation, the communication service is no longer
paid for and the buoy stops transmitting.
* * * * *
Fish aggregating device (FAD) means anchored, drifting, floating or
submerged objects deployed and/or tracked by vessels, including through
the use of radio and/or satellite buoys, for the purpose of aggregating
target tuna species for purse-seine fishing operations.
* * * * *
Reactivation of a satellite buoy means the act of re-initializing
network service for transmission of a satellite buoy's position after
deactivation. The procedure is the same as the one to be followed for
activation of a satellite buoy.
* * * * *
Satellite buoy means a buoy that uses a satellite network service
to indicate its geographical position and is compliant with
requirements in Sec. 300.28(a) of this section to be clearly marked
with a unique identification code.
* * * * *
Signal loss means the situation in which, without any intervention
of the owner, operator, or manager, a satellite buoy cannot be located
by the owner on a monitoring device. The main causes of signal loss are
buoy retrieved by another vessel or person (at-sea or on-shore), FAD
sinking, and buoy failure.
* * * * *
0
4. Revise Sec. 300.22 to read as follows:
Sec. 300.22 Recordkeeping and reporting requirements.
(a) Logbooks--(1) General logbook reporting. The master or other
person in charge of a commercial fishing vessel or commercial passenger
fishing vessel (CPFV) authorized to fish for tuna and tuna-like species
in the Convention Area, or a person authorized in writing to serve as
the agent for either person, must keep an accurate log of operations
conducted from the fishing vessel.
(2) Longline and other non-purse seine logbooks. Maintaining and
submitting any logbook required by existing state or federal regulation
will
[[Page 17255]]
be sufficient to comply with paragraph (a)(1) of this section.
(3) Purse seine logbooks. For purse seine vessels greater than 400
st (362.8 mt) carrying capacity that are authorized to purse seine for
tuna in the Convention Area, the log must include for each day the
date, noon position (stated in latitude and longitude or in relation to
known physical features), and the tonnage of fish on board, by species.
The record and bridge log maintained and submitted at the request of
the IATTC will be sufficient to comply with this paragraph (a)(3) and
with paragraph (a)(1) of this section, provided the items of
information specified by the IATTC are accurately entered in the log.
For purse seine vessels of 400 st (362.8 mt) carrying capacity or less,
maintaining and submitting any logbook required by existing state or
federal regulation will be sufficient to comply with paragraph (a)(1)
of this section.
(b) Whale shark encirclement reporting. The owner and operator of a
purse seine fishing vessel of the United States that encircles a whale
shark (Rhincodon typus) while commercially fishing in the Convention
Area must ensure that the incident is recorded on the log that is
required by paragraphs (a)(1) and (a)(3) of this section. The log must
include the following information: The number of individual whale
sharks with which the vessel interacted, details of how and why the
encirclement happened, where it occurred, steps taken to ensure safe
release, and an assessment of the life status of the whale shark upon
release (including whether the animal was released alive, but
subsequently died), as may be further specified by NMFS.
(c) FAD reporting--(1) Reporting on FAD interactions. U.S. purse
seine vessel operators must provide the observer with the FAD
identification code and, as appropriate, the other information in the
FAD interaction standard format provided by the HMS Branch. U.S. vessel
owners and operators, without an observer onboard, must ensure that any
interaction or activity with a FAD is reported using a FAD interaction
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.
(2) Reporting on Active FADs. U.S. vessel owners and operators must
record or maintain daily information on buoy location and acoustic data
for all Active FADs that have been deployed in the water in the IATTC
Convention Area and report that information to the IATTC, using a
format and address provided by the HMS Branch. Daily information on
buoy location must include date, time, buoy identifier, latitude,
longitude, IMO number, and speed. Daily acoustic data will vary
depending on the buoy company, but must include company, buoy
identifier, latitude, longitude, date, time, and available layers of
data. Further instructions on reporting data specific for different
buoys companies are available in a compliance guide. This information
must be submitted for each calendar month no later than 90 days after
the month covered by the report.
(3) Deactivation of Active FADs. U.S. vessel owners and operators
must report any deactivation of a satellite buoy, including the reason
for deactivation, date, latitude, longitude, buoy identifier, and
speed. This information must be reported to the IATTC, using a format
and address provided by the HMS Branch. This information must be
submitted for each calendar month no later than 90 days after the month
covered by the report.
(4) Reactivation of Active FADs. U.S. vessel owners and operators
must report any remote reactivation of a satellite buoy, including the
reason for remote reactivation, date, latitude, longitude, buoy
identifier, speed. This information must be reported to the IATTC,
using a format and address provided by the HMS Branch. This information
must be submitted for each calendar month no later than 90 days after
the month covered by the report.
(d) Cannery reporting. U.S. vessel owners and operators must report
processing plant data for fish caught in the IATTC Convention Area to
the IATTC, and also make the data available to NMFS upon request, no
later than 10 days after completion of unloading and the last day of
grading by size. Instructions for reporting are available in a
compliance guide.
0
5. Revise Sec. 300.23 to read as follows:
Sec. 300.23 IATTC Regional Vessel Register.
(a) IATTC Regional Vessel Register (Vessel Register). The Vessel
Register shall include, consistent with resolutions of the IATTC, all
commercial fishing vessels and CPFVs authorized to fish for tuna and
tuna-like species in the Convention Area. Except as provided under
paragraph (a)(1) of this section, tuna purse seine vessels must be
listed on the Vessel Register and categorized as active under paragraph
(c)(2) of this section in order to fish for tuna and tuna-like species
in the Convention Area.
(1) Exception from requirement for inclusion on the Vessel
Register. Once per year, a vessel that is permitted and authorized
under an alternative international tuna purse seine fisheries
management regime in the Pacific Ocean may exercise an option to fish
with purse seine gear to target tuna in the Convention Area without the
vessel's capacity counted towards the cumulative carrying capacity
described under paragraph (c)(1)(i) of this section. This exception is
for a single fishing trip that does not exceed 90 days in duration. At
any time during the calendar year, a vessel exercising this exception
shall follow the procedures, where applicable, described in paragraph
(c) of this section. No more than 32 of such trips are allowed each
calendar year. After the commencement of the 32nd such trip, the
Regional Administrator shall announce, in the Federal Register and by
other appropriate means, that no more such trips are allowed for the
remainder of the calendar year. Under Sec. 216.24(b)(6)(iii)(C) of
this title, vessel assessment fees must be paid for vessels exercising
this option.
(2) Requirements for inclusion of purse seine vessels on the Vessel
Register. Inclusion on the tuna purse seine portion of the Vessel
Register is valid through December 31 of each year. New tuna purse
seine vessels may be added to the Vessel Register at any time to
replace those previously removed by the Regional Administrator,
provided that the total capacity of the replacement vessel or vessels
does not exceed that of the tuna purse seine vessel or vessels being
replaced.
(b) Vessel information to be collected for the Vessel Register.
(1) Required information. Information on each commercial fishing
vessel or CPFV authorized to use purse seine, longline, drift gillnet,
harpoon, troll, rod and reel, or pole and line fishing gear to fish for
tuna and tuna-like species in the Convention Area for sale shall be
collected by the Regional Administrator to conform to IATTC resolutions
governing the Vessel Register. This information initially includes, but
is not limited to, the vessel name and registration number; the name
and business address of the owner(s) and managing owner(s); a
photograph of the vessel with the registration number legible; previous
vessel name(s) and previous flag (if known and if any); port of
registry; International Radio Call Sign; IMO number (if applicable);
vessel length, beam, and moulded depth; gross tonnage, fish hold
capacity in cubic meters, and carrying capacity in metric tons and
cubic meters; engine
[[Page 17256]]
horsepower; date and place where built; and type of fishing method or
methods used. The required information shall be collected as part of
existing information collections as described in this and other parts
of the CFR.
(2) IMO numbers. For the purpose of this section, an ``IMO number''
is the unique six or seven digit number issued for a vessel under the
ship identification number scheme adopted by the International Maritime
Organization (IMO) and managed by the entity identified by the IMO
(currently IHS Maritime) and is also known as a Lloyd's Register
number.
(3) Requirements for IMO numbers. The owner of a fishing vessel of
the United States used for commercial fishing for tuna and tuna-like
species in the IATTC Convention Area shall ensure that an IMO number
has been issued for the vessel if the vessel's Certificate of
Documentation issued under 46 CFR part 67 indicates that the vessel's
total internal volume is 100 gross register tons or greater or 100
gross tonnage or greater. In addition, the owner of a fishing vessel of
the United States engaging in fishing activities for tuna or tuna-like
species in the IATTC Convention Area, and for which a high seas fishing
permit under Sec. 300.333 is required, shall ensure that an IMO number
has been issued for the vessel if the vessel's total internal volume is
less than 100 gross registered tons or less than 100 gross tons, but
equal to or greater than 12 meters in overall length, as indicated in
the vessel's Certificate of Documentation issued under 46 CFR part 67
or State documentation. A vessel owner may request that an IMO number
be issued for a vessel by following the instructions given by the
administrator of the IMO ship identification number scheme; those
instructions are currently available on the website of IHS Markit,
<a href="https://imonumbers.lrfairplay.com/">https://imonumbers.lrfairplay.com/</a>.
(4) Request for exemption. In the event that a fishing vessel
owner, after following the instructions given by the designated manager
of the IMO ship identification number scheme, is unable to ensure that
an IMO number is issued for the fishing vessel, the fishing vessel
owner may request an exemption from the requirement from the Regional
Administrator. The request must be sent by mail to NMFS HMS Branch,
West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802,
or by email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7e091d0c5016130d3e10111f1f50191108">[email protected]</a>, and must include the vessel's name,
the vessel's official number, a description of the steps taken to
request an IMO number, and a description of any responses from the
administrator of the IMO ship identification number scheme.
(5) Exemption process. Upon receipt of a request for an exemption
under paragraph (b)(4) of this section, the Regional Administrator
will, to the extent they determine appropriate, assist the fishing
vessel owner in requesting an IMO number. If the Regional Administrator
determines that the fishing vessel owner has followed all appropriate
procedures and yet is unable to obtain an IMO number for the fishing
vessel, they will issue an exemption from the requirements of paragraph
(b)(3) of this section for the vessel and its owner and notify the
owner of the exemption. The Regional Administrator may limit the
duration of the exemption. The Regional Administrator may rescind an
exemption at any time. If an exemption is rescinded, the fishing vessel
owner must comply with the requirements of paragraph (b)(3) of this
section within 30 days of being notified of the rescission. If the
ownership of a fishing vessel changes, an exemption issued to the
former fishing vessel owner becomes void.
(c) Purse seine Vessel Register listing. For a tuna purse seine
vessel to be listed on the Vessel Register and to be categorized as
either ``active'' or ``inactive'' in the following calendar year, the
vessel owner or managing owner must submit to the Regional
Administrator the required permit applications, written notifications,
and fees as described under Sec. 216.24(b) of this title and under
paragraphs (c)(2) and (3) of this section as well as payment of the
vessel assessment fee, where applicable, to the IATTC.
(1) Restrictions for purse seine vessels. The following
restrictions apply:
(i) The cumulative carrying capacity of all tuna purse seine
vessels on the Vessel Register may not exceed 31,866 cubic meters in a
given year; and
(ii) A purse seine vessel in excess of 400 st (362.8 mt) carrying
capacity may not be added to active status on the Vessel Register
unless the captain of the vessel has obtained a valid operator permit
under Sec. 216.24(b)(2) of this title.
(2) Active status for purse seine vessels. As early as August 1 of
each year, vessel owners or managing owners may request that a purse
seine vessel qualified to be listed on the Vessel Register under
paragraph (a)(2) of this section be categorized as active for the
following calendar year. To request a purse seine vessel in excess of
400 st (362.8 mt) carrying capacity be listed on the Vessel Register
and be categorized as active, the vessel owner or managing owner must
submit to the Regional Administrator the vessel permit application and
payment of the permit application fee and submit to the IATTC payment
of the vessel assessment fee.
(i) To request a purse seine vessel of 400 st (362.8 mt) carrying
capacity or less be listed on the Vessel Register and be categorized as
active, the vessel owner or managing owner must submit to the HMS
Branch written notification including, but not limited to, a vessel
photograph, the vessel information as described under paragraph (b) of
this section, and the owner or managing owner's signature, business
email address, and business telephone and fax numbers. If a purse seine
vessel of 400 st (362.8 mt) carrying capacity or less is required by
the Agreement on the IDCP to carry an observer, the vessel owner or
managing owner must also submit payment of the vessel assessment fee to
the IATTC.
(ii) The Regional Administrator must receive the vessel permit
application or written notification and payment of the permit
application fee and payment confirmation of the vessel assessment fee
no later than September 15 for vessels for which a DML was requested
for the following year and no later than November 30 for vessels for
which a DML was not requested for the following year. Submission of the
vessel permit application or written notification and payment of the
vessel assessment fee and permit application fee will be interpreted by
the Regional Administrator as a request for a vessel to be categorized
as active.
(3) Inactive status for purse seine vessels.
(i) From August 1 through November 30 of each year, vessel owners
or managing owners may request that purse seine vessels qualified to be
listed on the Vessel Register under paragraph (a)(2) of this section be
categorized as inactive for the following calendar year. To request a
purse seine vessel in excess of 400 st (362.8 mt) carrying capacity be
listed on the Vessel Register and categorized as inactive for the
following calendar year, the vessel owner or managing owner must submit
to the IATTC payment of the associated vessel assessment fee. Payment
of the vessel assessment fee consistent with inactive status will be
interpreted by the Regional Administrator as a request for the vessel
to be categorized as inactive.
(ii) To request a tuna purse seine vessel of 400 st (362.8 mt)
carrying capacity or less be listed on the Vessel Register and
categorized as inactive for the following calendar year, the vessel
owner or managing owner must submit to the HMS Branch a written
notification including, but not limited to, the vessel name and
registration number and the vessel owner or
[[Page 17257]]
managing owner's name, signature, business address, business email
address, and business telephone and fax numbers. Payment of the vessel
assessment fee is not required for vessels of 400 st (362.8 mt)
carrying capacity or less to be categorized as inactive.
(iii) At any time during the year, a vessel owner or managing owner
may request that a tuna purse seine vessel qualified to be listed on
the Vessel Register under paragraph (a)(2) of this section be
categorized as inactive for the remainder of the calendar year,
provided the cumulative carrying capacity described in (c)(1)(i) of
this section is not exceeded. To request a purse seine vessel in excess
of 400 st (362.8 mt) carrying capacity be listed on the Vessel Register
and categorized as inactive for the remainder of the calendar year, the
vessel owner or managing owner must submit to the IATTC payment of the
associated vessel assessment fee. To request a tuna purse seine vessel
of 400 st (362.8 mt) carrying capacity or less be listed on the Vessel
Register and categorized as inactive for the remainder of the calendar
year, the vessel owner or managing owner must submit to the HMS Branch
written notification as described in (c)(3)(i) of this section. Payment
of the vessel assessment fee is not required for such vessels.
(iv) The vessel owner or managing owner of a purse seine vessel
listed as active on the Vessel Register that has sunk may request the
vessel be listed as sunk and categorized as inactive on the Vessel
Register. To request the vessel be listed as sunk and categorized as
inactive on the Vessel Register, the vessel owner or managing owner
must submit to the HMS Branch written notification within 30 days of
the vessel's sinking. Written notification shall include, but is not
limited to, the vessel name, date of sinking, registration number, the
vessel owner or managing owner's name, signature, business address,
business email address, and business telephone and fax numbers. For
subsequent calendar years, vessel assessment fee payment shall be made
as described in paragraph (c)(3) of this section.
(v) A vessel listed as inactive or sunk on the Vessel Register for
more than two consecutive calendar years after January 21, 2020,
requesting active status will be prioritized according to the hierarchy
under paragraph (e) of this section. A vessel listed as inactive or
sunk on the Vessel Register for more than two consecutive calendar
years after January 21, 2020, will be removed from the Vessel Register
as described in paragraph (f)(9) of this section.
(d) Frivolous requests for purse seine vessels on the Vessel
Register.
(1) Except as described under paragraph (d)(2) of this section,
requests for active status under paragraph (c)(2) of this section will
be considered frivolous if, for a vessel categorized as active on the
Vessel Register in a given calendar year:
(i) Less than 20 percent of the vessel's total landings, by weight,
in that same year is comprised of tuna harvested by purse seine in the
Convention Area; or
(ii) The vessel did not fish for tuna at all in the Convention Area
in that same year.
(2) Requests described under paragraph (d)(1) of this section will
not be considered frivolous requests if:
(i) The vessel's catch pattern fell within the criteria described
in paragraph (d)(1) of this section as a result of force majeure or
other extraordinary circumstances as determined by the Regional
Administrator; or
(ii) The vessel's carrying capacity is 400 st (362.8 mt) or less
and there was at least one documented landing of tuna caught by the
vessel in the Convention Area in the calendar year prior to the year in
which the request is made and through November 15 of the year of the
request, unless the vessel was not able to make a landing as a result
of force majeure or other extraordinary circumstances as determined by
the Regional Administrator.
(iii) The vessel was listed as inactive before January 21, 2020,
and has not been listed as inactive for more than two consecutive
calendar years since January 21, 2020.
(e) Listing hierarchy for purse seine vessels on the Vessel
Register. Requests for active status and inactive status will be
prioritized according to the following hierarchy:
(1) Requests received for replacement vessels with a carrying
capacity equal to or less than a vessel removed from the Vessel
Register under a request described in paragraph (j) of this section;
(2) Requests received for vessels that were categorized as active
in the previous year, unless the request was determined to be frivolous
by the Regional Administrator under paragraph (c)(2) of this section;
(3) Requests received for vessels that were categorized as inactive
under paragraph (c)(3) of this section in the previous year, unless
that vessel has been listed as inactive or sunk under paragraph (c)(3)
of this section for more than 2 consecutive calendar years after
January 21, 2020;
(4) Requests for vessels not described in paragraphs (e)(1) through
(3) of this section, and requests, if applicable, by replacement
vessels for the portion of the carrying capacity greater than the
amount authorized to the vessel that was replaced under paragraph (j)
of this section, will be prioritized on a first-come, first-served
basis according to the date and time of receipt, provided that the
associated vessel assessment fee is paid by the applicable deadline
described in Sec. 216.24(b)(6)(iii) of this title; and
(5) Requests received from owners or managing owners of vessels
that were determined by the Regional Administrator to have made a
frivolous request for active status under paragraph (d) of this section
or that have been listed as inactive or sunk as described in paragraph
(c)(3) of this section for more than two consecutive calendar years
after January 21, 2020.
(f) Removal from the Vessel Register. A vessel may be removed from
the Vessel Register by the Regional Administrator under any of the
following circumstances:
(1) The vessel has sunk and the vessel owner or managing owner has
not submitted written notification as described in paragraph (c)(3)(iv)
of this section.
(2) By written request of the vessel's owner or managing owner.
(3) Following a final agency action on a permit sanction for a
violation.
(4) For failure to pay a penalty or for default on a penalty
payment agreement resulting from a final agency action for a violation.
(5) The U.S. Maritime Administration or the U.S. Coast Guard
notifies NMFS that:
(i) The owner has submitted an application for transfer of the
vessel to foreign registry and flag; or
(ii) The documentation for the vessel has been or will be deleted
for any reason.
(6) The vessel does not have a valid state registration or U.S.
Coast Guard certificate of documentation.
(7) For tuna purse seine vessels, by written notification from the
owner or managing owner of the intent to transfer the vessel to foreign
registry and flag, as described in paragraph (i) of this section.
(8) For tuna purse seine vessels, the request for active status on
the Vessel Register has been determined to be a frivolous request.
(9) For tuna purse seine vessels, the vessel has been listed as
inactive or sunk on the Vessel Register for more
[[Page 17258]]
than two consecutive calendar years after January 21, 2020.
(g) Process for removal from the Vessel Register. When a vessel is
removed from the Vessel Register under paragraph (f) of this section,
the Regional Administrator shall promptly notify the vessel owner in
writing of the removal and the reasons therefore. For a removal from
the Vessel Register under Sec. 300.30(f)(3), the Regional
Administrator will not accept a request to reinstate the vessel to the
Vessel Register for the term of the permit sanction. For a removal from
the Vessel Register under Sec. 300.30(f)(4), the Regional
Administrator will not accept a request to reinstate the vessel to the
Vessel Register until such time as payment is made on the penalty or
penalty agreement, or such other duration as NOAA and the vessel owner
may agree upon.
(h) Procedures for replacing purse seine vessels removed from the
Vessel Register.
(1) A purse seine vessel that was previously listed on the Vessel
Register, but not included for a given year or years, may be added back
to the Vessel Register and categorized as inactive at any time during
the year, provided the cumulative carrying capacity described in
(c)(1)(i) of this section is not exceeded. The owner or managing owner
of a purse seine vessel of more than 400 st (362.8 mt) carrying
capacity must pay the vessel assessment fee associated with inactive
status. The owner or managing owner of a purse seine vessel of 400 st
(362.8 mt) carrying capacity or less must submit written notification
as described in paragraph (c)(3) of this section.
(2) A purse seine vessel may be added to the Vessel Register and
categorized as active in order to replace a vessel or vessels removed
from active or inactive status under paragraph (f) of this section,
provided the total carrying capacity described in (c)(1)(i) of this
section is not exceeded and the owner submits a complete request under
paragraph (h)(4) of this section.
(3) Notification of available capacity after a purse seine vessel
has been removed from the Vessel Register will be conducted as follows:
(i) After a purse seine vessel categorized as active or inactive is
removed from the Vessel Register, the Regional Administrator will
notify owners or managing owners of vessels eligible for, but not
included on, the Vessel Register that replacement capacity is available
on the active or inactive list of the Vessel Register.
(ii) When a purse seine vessel categorized as active or inactive on
the Vessel Register has been removed from the Vessel Register under the
procedures described in paragraph (j) of this section, the Regional
Administrator will not make available the capacity of the vessel
removed from the Vessel Register, and will reserve that capacity for a
replacement vessel for a period of 2 years from the date of
notification described in (j)(4) of this section. The replacement
vessel will be eligible to be listed as active on the Vessel Register
at the same carrying capacity or less as that of the vessel it is
replacing. If the replacement vessel has a carrying capacity greater
than the vessel being replaced, the vessel owner or managing owner may
request additional carrying capacity allocated to the vessel in
accordance with paragraph (e)(4) of this section. If additional
carrying capacity is not available, the replacement vessel must reduce
its carrying capacity to no more than the previously authorized
carrying capacity amount for the vessel being replaced by complying
with the protocol for sealing wells adopted by the IATTC, prior to it
being listed as active on the Vessel Register. Such a vessel may apply
for additional carrying capacity as it becomes available under the
procedures described in (e)(4) of this section.
(4) Vessel owners or managing owners may request a purse seine
vessel of 400 st (362.8 mt) carrying capacity or less be categorized as
active to replace a vessel or vessels removed from the Vessel Register
by submitting to the HMS Branch written notification as described in
paragraph (c)(2) of this section and, only if the vessel is required by
the Agreement on the IDCP to carry an observer, payment of the vessel
assessment fee to the IATTC within 10 business days after submission of
the written notification. The replacement vessel will be eligible to be
categorized as active on the Vessel Register at the same carrying
capacity or less as that of the vessel or vessels it is replacing. If
the replacement vessel has a carrying capacity greater than the vessel
being replaced, the vessel owner or managing owner may request
additional carrying capacity allocated to the vessel in accordance with
paragraph (e)(4) of this section. If additional carrying capacity is
not available, the replacement vessel must reduce its capacity to no
more than the previously authorized carrying capacity for the vessel or
vessels being replaced by complying with the protocol for sealing wells
adopted by the IATTC, prior to it being listed as active on the Vessel
Register. Such a vessel may apply for additional carrying capacity as
it becomes available. Payments received will be subject to a 10 percent
surcharge for vessels that were listed as active on the Vessel Register
in the previous calendar year, but not listed as inactive at the
beginning of the calendar year for which active status was requested.
(5) Vessel owners or managing owners may request a purse seine
vessel in excess of 400 st (362.8 mt) carrying capacity be categorized
as active to replace a vessel or vessels removed from the Vessel
Register by submitting to the Regional Administrator the vessel permit
application as described under Sec. 216.24(b) of this title and
payment of the vessel assessment fee to the IATTC and payment of the
permit application fee to the Regional Administrator within 10 business
days after submission of the vessel permit application for the
replacement vessel. The replacement vessel will be eligible to be
categorized as active on the Vessel Register at the same carrying
capacity as that of the vessel or vessels it is replacing. If the
replacement vessel has a carrying capacity greater than the vessel
being replaced, the vessel owner or managing owner may request
additional carrying capacity allocated to the vessel in accordance with
paragraph (e)(4) of this section. If additional carrying capacity is
not available, the replacement vessel must reduce its carrying capacity
to no more than the previously authorized carrying capacity for the
vessel or vessels being replaced by complying with the protocol for
sealing wells adopted by the IATTC, prior to it being listed as active
on the Vessel Register. Such a vessel may apply for additional carrying
capacity as it becomes available. The replacement vessel will also only
be eligible to be categorized as active on the Vessel Register if the
captain of the replacement vessel possesses an operator permit under
Sec. 216.24(b) of this title. Payments received will be subject to a
10 percent surcharge for vessels that were listed as active on the
Vessel Register in the previous calendar year, but not listed as
inactive at the beginning of the calendar year for which active status
was requested.
(6) The Regional Administrator will forward requests to replace
vessels removed from the Vessel Register within 15 days of receiving
each request.
(i) Transfers of purse seine vessels to a foreign registry and
flag. The owner or managing owner of a purse seine vessel listed on the
Vessel Register must provide written notification to the Regional
Administrator prior to submitting an application for transfer of the
vessel to foreign registry and flag. Written notification must be
submitted
[[Page 17259]]
to the Regional Administrator at least 10 business days prior to
submission of the application for transfer. The written notification
must include the vessel name and registration number; the expected date
that the application for transfer will be submitted; and the vessel
owner or managing owner's name and signature. Vessels that require
approval by the U.S. Maritime Administration prior to transfer of the
vessel to foreign registry and flag will not be subject to the
notification requirement described in this paragraph.
(j) Aging fleet provision for purse seine vessels.
(1) The vessel owner or managing owner of a purse seine vessel
listed as active or inactive on the Vessel Register may request to
replace the current vessel with a new or used vessel without losing the
vessel's placement in the hierarchy of requests for active status as
described in paragraph (e) of this section. The replacement vessel will
be eligible to be listed as active on the Vessel Register at the same
carrying capacity or less as that of the vessel it is replacing. If the
replacement vessel has a carrying capacity greater than the vessel
being replaced, the vessel owner or managing owner may request
additional carrying capacity be allocated to the vessel in accordance
with paragraph (e)(4) of this section. If additional carrying capacity
is not available at the time the request to be listed as active on the
Vessel Register is received by the Regional Administrator, the
replacement vessel must reduce its carrying capacity to no more than
the previously authorized carrying capacity of the vessel being
replaced by complying with the protocol for sealing wells adopted by
the IATTC, prior to it being listed as active on the Vessel Register.
Such a vessel may apply for additional carrying capacity as it becomes
available under the procedures described in paragraph (e)(4) of this
section. This aging fleet provision may be used only once per vessel by
the vessel owner or managing owner.
(2) A request made under this provision may include a request to
remove the vessel from the Vessel Register. The Regional Administrator
will ensure the amount of carrying capacity equal to or less of the
vessel being replaced will be available for the replacement vessel for
up to 2 years from the date of notification described in paragraph
(j)(4) of this section.
(3) To request a vessel be replaced under this provision, the
vessel owner or managing owner must submit to the HMS Branch written
notification including, but not limited to, the vessel name and
registration number, the vessel owner or managing owner's name,
signature, business address, business email address, and business
telephone and fax numbers, and the expected month and year the
replacement vessel will be ready to fish in the Convention Area.
(4) Within 30 days of receiving each request described in (j)(3) of
this section, the Regional Administrator shall notify the vessel owner
or managing owner in writing whether the request has been accepted or
denied, and the reasons therefore.
0
6. Amend Sec. 300.24 by revising paragraphs (n), (ff), (kk), and (ll)
to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(n) Use a fishing vessel of class size 4-6 to fish with purse seine
gear in the IATTC Convention Area in contravention of Sec. 300.25(e).
* * * * *
(ff) Fail to provide information to an observer or record or report
data on FADs as required in Sec. 300.22(c).
* * * * *
(kk) When deploying a FAD, activate the satellite buoy attached to
a FAD in a location other than on a purse seine vessel at sea as
required in Sec. 300.28(b).
(ll) Fail to activate a satellite buoy before deploying a FAD at
sea as required in Sec. 300.28(b).
* * * * *
0
7. Amend Sec. 300.25 by revising paragraphs (a)(2) and (e) as follows:
Sec. 300.25 Fisheries management.
(a) * * *
(2) 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.
* * * * *
(e) Purse seine closures--(1) 72-day closure. A U.S. commercial
purse seine fishing vessel 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 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) Additional closure days for vessels that exceed bigeye tuna
catch levels. In 2023 and 2024, U.S. purse seine vessels that exceed a
certain annual catch level of bigeye tuna must increase the number of
closure days they observe in the following year, as specified in the
following table.
Table 1 to Paragraph (e)(2)
------------------------------------------------------------------------
Catch level (mt) exceeded Additional closure days observed
------------------------------------------------------------------------
1,200 10
1,500 13
1,800 16
2,100 19
2,400 22
------------------------------------------------------------------------
(i) The additional days of closure must be added to one of the two
closure periods indicated in paragraph (e)(1). For vessels observing
the first closure period, the additional days must be added at the
beginning of the closure period. For vessels observing the second
closure period, the additional days must be added to the end of the
closure period. The HMS Branch will confirm the determination of annual
catch levels for U.S. purse vessels based on information provided by
the IATTC and notify any U.S. vessel that exceeds a given catch level.
(ii) [Reserved]
(3) Choice of closure period. 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 which one of the
two closure periods identified in paragraph (e)(1) of this section
their vessel will observe in that year. This written notification must
be submitted by email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="314652431f595c42715f5e50501f565e47">[email protected]</a> and must be received no later
than May 15 of the relevant calendar year. The written notification
must include the vessel name and registration number, the closure dates
that will be observed by that vessel, and the vessel owner or managing
owner's name, signature, business address, and business telephone
number.
(4) Default closure period. If written notification is not
submitted per paragraph (e)(3) of this section for a vessel subject to
the requirements under paragraph (e)(1) of this section, that vessel
must observe the second closure period under paragraph (e)(1)(ii) of
this section.
(5) Request for exemption due to force majeure. A vessel may
request a reduced closure period if a force majeure event renders the
vessel unable
[[Page 17260]]
to proceed to sea outside one of the two closure periods specified in
paragraph (e)(1) of this section for at least 75 continuous days. A
vessel will only be eligible for an exemption due to force majeure if
the vessel was disabled in the course of fishing operations by
mechanical and/or structural failure, fire, or explosion.
(i) A request for an exemption due to force majeure must be made to
the Highly Migratory Species Branch no later than 20 calendar days
after the end of the period of inactivity due to force majeure. The
request must be made via email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="057266772b6d6876456b6a64642b626a73">[email protected]</a> or by contacting the
HMS Branch. The request must include the name and official number of
the vessel, vessel owner or manager's name and signature, and evidence
to support the request, which may include but is not limited to
photographs, repair bills, certificates of departure from port, and in
the case of a marine casualty, a completed copy of the U.S. Coast Guard
Form CG-2692A (See 46 CFR 4.05-10).
(ii) If accepted by the Sustainable Fisheries Division, the request
for exemption due to force majeure will be forwarded to the IATTC
Director. If declined by the Sustainable Fisheries Division, the
applicant may provide additional information or documentation to the
Sustainable Fisheries Division with a request that the initial decision
be reconsidered by email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f4839786da9c9987b49a9b9595da939b82">[email protected]</a>, or by contacting the HMS
Branch Chief.
(iii) If the request for an exemption due to force majeure is
accepted by the IATTC, the vessel may observe a reduced 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. After a request is accepted by the
IATTC, the vessel owner or manager must specify to the HMS Branch which
40 consecutive days the vessel will observe for their reduced closure
period.
(iv) 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 may observe a
reduced closure period of 40 consecutive days the following year, in
one of the two closure periods described in paragraph (e)(1) of this
section.
(v) An exemption due to force majeure will only apply to the 72-day
closure period required under paragraph (e)(1) of this section. Vessels
that are both granted a reduced 40-day initial closure period due to
force majeure under paragraph (e)(5) and required to observe additional
closure days for exceeding bigeye tuna catch levels under paragraph
(e)(2) must observe the reduced closure period consecutively with the
additional closure days by adding the additional closure days to either
the beginning of the first reduced closure period or the end of the
second reduced closure period.
(vi) 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, unless that vessel has been granted an exemption
from the Regional Administrator.
(6) 31-day area closure. A U.S. fishing vessel 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 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.
(7) Requirement to stow gear. At all times while a vessel is in a
time/area closed period established under paragraphs (e)(1) or (6) of
this section, unless fishing under the exception under paragraph (e)(5)
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
8. Amend Sec. 300.27 by revising paragraph (e) to read as follows:
Sec. 300.27 Incidental catch and tuna retention requirements.
* * * * *
(e) Silky shark restrictions for purse seine and longline vessels.
The crew, operator, and owner of a commercial purse seine or longline
fishing vessel of the United States used to fish for tuna or tuna-like
species is prohibited from retaining on board, transshipping, storing,
or landing any part or whole carcass of a silky shark (Carcharhinus
falciformis) that is caught in the IATTC Convention Area, except as
provided in paragraph (f) of this section.
* * * * *
0
9. Amend Sec. 300.28 by:
0
(a) Revising paragraphs (b) and (c),
0
(b) Redesignating paragraphs (d)-(e) as paragraphs (f)-(g),
0
(c) Adding new paragraphs (d) and (e), and,
0
(d) Revising the introductory text to newly redesignated paragraph (g).
The revisions and additions read as follows:
Sec. 300.28 FAD restrictions.
* * * * *
(b) Activating FADs for purse seine vessels. When deploying a FAD
in the IATTC Convention Area, a vessel owner, operator, or crew must
activate the satellite buoy while the FAD is onboard the purse seine
vessel and before it is 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 in cubic meters (m\3\) must not have more than the
following number of Active FADs per vessel in the IATTC Convention Area
at any one time during the following years.
------------------------------------------------------------------------
Active FAD
Well volume (m\3\) limit
------------------------------------------------------------------------
For 2022 calendar year
------------------------------------------------------------------------
1,200 or more........................................... 400
426-1,199............................................... 270
213-425................................................. 110
0-212................................................... 66
------------------------------------------------------------------------
For 2023 calendar year
------------------------------------------------------------------------
1,200 or more........................................... 340
426-1,199............................................... 255
213-425................................................. 105
0-212................................................... 64
------------------------------------------------------------------------
For 2024 calendar year and beyond
------------------------------------------------------------------------
1,200 or more........................................... 340
426-1,199............................................... 210
213-425................................................. 85
0-212................................................... 50
------------------------------------------------------------------------
(d) Restrictions on satellite buoy deactivations. A vessel owner or
operator that deactivates a satellite buoy attached to a FAD must
comply with the reporting requirements for buoy deactivations in Sec.
300.22 (c)(3) of this subpart. A U.S. vessel owner or operator shall
only deactivate a satellite buoy attached to a FAD that was activated
in the IATTC Convention Area in the following circumstances:
(1) Complete loss of signal reception;
(2) Beaching;
(3) Appropriation of a FAD by a third party;
(4) Temporarily during a selected closure period;
(5) For being outside of the area between the meridians 150[deg] W
and 100[deg] W, and the parallels 8[deg] N and 10[deg]S; the area
between the meridian 100[deg] W and
[[Page 17261]]
the coast of the American continent and the parallels 5[deg] N and
15[deg]S; or
(6) Transfer of ownership.
(e) Restrictions on satellite buoy reactivations. A vessel owner or
operator that reactivates a satellite buoy must comply with the
reporting requirements for satellite buoy reactivations in Sec. 300.22
(c)(4) of this subpart. A U.S. vessel owner or operator shall only
remotely reactivate a satellite buoy at sea that was activated in the
IATTC Convention Area in the following circumstances:
(1) To assist in the recovery of a beached FAD;
(2) After a temporary deactivation during the closure period; or
(3) Transfer of ownership while the FAD is at sea.
* * * * *
(g) FAD design requirements to reduce entanglements. All FADs
onboard or deployed in the IATTC Convention Area by U.S. vessel owners,
operators, or crew, must comply with the following design requirements:
* * * * *
[FR Doc. 2022-06345 Filed 3-25-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 28, 2022.
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