Rule2023-09966
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fish Aggregating Device Design Requirements in Purse Seine Fisheries, IMO Number Requirements, and Bycatch Restrictions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2023
Effective
June 12, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act), NMFS issues this final rule establishing fish aggregating device (FAD) design requirements, International Maritime Organization (IMO) number requirements, and bycatch restrictions for sharks and rays. This action is necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.
Full Text
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<title>Federal Register, Volume 88 Issue 92 (Friday, May 12, 2023)</title>
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[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30671-30679]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09966]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230504-0121]
RIN 0648-BI79
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Fish Aggregating Device Design
Requirements in Purse Seine Fisheries, IMO Number Requirements, and
Bycatch Restrictions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Under authority of the Western and Central Pacific Fisheries
Convention Implementation Act (WCPFC Implementation Act), NMFS issues
this final rule establishing fish aggregating device (FAD) design
requirements, International Maritime Organization (IMO) number
requirements, and bycatch restrictions for sharks and rays. This action
is necessary to satisfy the obligations of the United States under the
Convention on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (Convention), to which
it is a Contracting Party.
DATES: This rule is effective on June 12, 2023.
ADDRESSES: Copies of supporting documents prepared for this final rule,
including the regulatory impact review (RIR), as well as the proposed
rule (86 FR 55790, October 7, 2021), are available via the Federal e-
rulemaking Portal, at <a href="http://www.regulations.gov">www.regulations.gov</a> (search for Docket ID NOAA-
NMFS-2021-0068). Those documents are also available from NMFS at the
following address: Sarah Malloy, Acting Regional Administrator, NMFS,
Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176,
Honolulu, HI 96818.
A final regulatory flexibility analysis (FRFA) prepared under
authority of the Regulatory Flexibility Act is included in the
Classification section of the SUPPLEMENTARY INFORMATION section of this
document.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted to PIRO at the address listed above and to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2021, NMFS published a proposed rule in the Federal
Register (86 FR 55790) proposing to establish FAD design requirements,
IMO number requirements, and bycatch restrictions for sharks and rays.
The 30-day public comment period for the proposed rule closed on
November 8, 2021.
This final rule is issued under the authority of the WCPFC
Implementation Act (16 U.S.C. 6901 et seq.), which authorizes the
Secretary of Commerce, in consultation with the Secretary of State and
the Secretary of the Department in which the United States Coast Guard
is operating (currently the Department of Homeland Security), to
promulgate such regulations as may be necessary to carry out the
obligations of the United States under the Convention, including the
decisions of the Commission for the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
(WCPFC or Commission). The WCPFC Implementation Act further provides
that the Secretary of Commerce shall ensure consistency, to the extent
practicable, of fishery management programs administered under the
WCPFC Implementation Act and the Magnuson-Stevens Fishery Conservation
and Management Act (MSA; 16 U.S.C. 1801 et seq.), as well as other
specific laws (see 16 U.S.C. 6905(b)). The Secretary of Commerce has
delegated the authority to promulgate regulations under the WCPFC
Implementation Act to NMFS. A map showing the boundaries of the area of
application of the Convention (Convention Area), which comprises the
majority of the WCPO, can be found on the WCPFC website at:
<a href="http://www.wcpfc.int/doc/convention-area-map">www.wcpfc.int/doc/convention-area-map</a>.
The United States is also a member of the Inter-American Tropical
Tuna Commission (IATTC). The convention areas for IATTC and WCPFC
overlap in the Pacific Ocean waters within a rectangular area bounded
by 50[deg] S latitude, 4[deg] S latitude, 150[deg] W longitude, and
130[deg] W longitude (``overlap area''). The preamble of the proposed
rule provides further detail on United States implementation of WCPFC
and IATTC requirements in the overlap area, which are not repeated
here.
This final rule implements specific provisions of four recent WCPFC
decisions (CMM 2018-01,
[[Page 30672]]
``Conservation and Management Measure for Bigeye, Yellowfin and
Skipjack Tuna in the Western and Central Pacific Ocean''; CMM 2018-06,
``Conservation and Management Measure for WCPFC Record of Fishing
Vessels and Authorisation to Fish''; CMM 2019-04, ``Conservation and
Management Measure for Sharks''; and CMM 2019-05, ``Conservation and
Management Measure on Mobulid Rays''). The preamble to the proposed
rule provides background information on the Convention and the
Commission, the provisions that are being implemented in this rule, and
the basis for the regulations, which is not repeated here.
The Action
The specific elements of the final rule are detailed below.
1. Non-Entangling FAD Requirements
This final rule implements specific FAD design requirements related
to net mesh set forth in paragraph 19 of CMM 2018-01. A more recent
measure, CMM 2021-01, further revises the non-entangling FAD
requirements by prohibiting the use of any mesh net. However, since the
new requirements of CMM 2021-01 go into effect on January 1, 2024, the
requirements of CMM 2018-01 are being implemented now. NMFS will
implement the requirements of CMM 2021-01 in a future rulemaking. Under
this final rule, if the FAD design includes a raft (e.g., flat raft or
rolls of material) and if mesh netting is used as part of the
structure, the mesh netting shall have a stretched mesh size less than
7 cm and the mesh net must be tightly wrapped such that no netting
hangs below the FAD when deployed. Additionally, any netting used in
the subsurface structure of the FAD must be tightly tied into bundles
(``sausages'') or have a stretched mesh size less than 7 cm in a panel
that is weighted on the lower end with at least enough weight to keep
the netting taut in the water column. This element of the final rule
applies to all purse seine vessels used for commercial fishing for
highly migratory species (HMS) on the high seas and in exclusive
economic zones in the Convention Area (excluding the overlap area).
NMFS notes that Paragraph 19 of CMM 2018-01 states that WCPFC members
shall ensure that the specific FAD design requirements apply to any FAD
to be deployed in, or that drifts into, the Convention Area. NMFS
determined that it would be impractical to require vessel owners and
operators to ensure that non-conforming FADs do not drift into the
Convention Area. Thus, the FAD design requirements of this final rule
apply only to FADs that are to be deployed or redeployed (i.e., placed
in the water).
2. IMO Number Requirement
Existing regulations at 50 CFR 300.217(c) apply to all U.S. fishing
vessels (including those participating in the fisheries of the U.S.
Participating Territories) that are used for commercial fishing for
highly migratory fish stocks in the Convention Area either on the high
seas or in waters under the jurisdiction of a foreign nation, and the
gross tonnage of which is at least 100 GRT or 100 GT (gross tons). The
owner of any such fishing vessel is required to ensure that an ``IMO
number'' has been issued for the vessel. The preamble to the proposed
rule provides background information on the IMO ship identification
number scheme and associated instructions, which are not repeated here.
The existing regulations include a process for fishing vessel owners to
request an exemption from NMFS if they are unable to obtain IMO
numbers. When NMFS receives such a request it will review it and assist
the fishing vessel owner as appropriate. If NMFS determines that it is
infeasible or impractical for the fishing vessel owner to comply with
the requirement, NMFS will issue an exemption from the requirement for
a specific or indefinite amount of time. The exemption will become void
if ownership of the fishing vessel changes. Under this final rule, the
existing regulations are revised to include vessels less than 100 GRT
down to a size of 12 meters in overall length (LOA). This element of
the final rule applies to vessels used for commercial fishing for HMS
in the Convention Area, including the overlap area, either on the high
seas or in waters under the jurisdiction of a foreign nation.
3. Revised Purse Seine Restrictions for Oceanic Whitetip Shark and
Silky Shark and Additional Shark Release Requirement for All Vessels
This final rule also implements two specific provisions of CMM
2019-04 (1) an exemption from existing no-retention requirements for
purse seine vessels in specific cases where an oceanic whitetip shark
or silky shark is not seen during fishing operations and are delivered
into the vessel hold; and (2) a requirement for vessels to haul any
incidentally caught sharks alongside the vessel before being cut free
in order to facilitate species identification. The Commission amended
this CMM in December 2022. The revisions that would likely require
regulatory action include provisions that prohibit longline vessels
operating in the Convention Area between 20[deg] North and 20[deg]
South from using wire trace as branch lines and from using shark lines
or branch lines running off of the longline floats or drop lines, and a
requirement for longline vessels to follow certain guidelines when
releasing sharks that are not retained. Both of these provisions become
effective January 1, 2024. NMFS plans to implement the applicable new
requirements in a separate rulemaking.
Existing regulations under 50 CFR 300.226 prohibit the crew,
operator, and owner on all vessels used for commercial fishing for HMS
in the Convention Area from retaining on board, transshipping, storing,
or landing any part or whole carcass of an oceanic whitetip shark or
silky shark that is caught in the Convention Area, unless collected by
an on-board observer. This final rule establishes an exemption for
purse seine fishing vessels in the case of any silky shark or oceanic
whitetip shark that is not seen during the fishing operation and is
unknowingly delivered into the vessel hold and frozen. In such a case,
oceanic whitetip shark and silky shark could be stored and landed, but
the vessel owner or operator would be required to notify the observer
and surrender the whole shark to the responsible government authorities
or discard the shark at the first point of landing or transshipment. In
U.S. ports the responsible government authority is the NOAA Office of
Law Enforcement divisional office nearest to the port. Under this final
rule, it is prohibited to sell or barter oceanic whitetip shark and
silky shark surrendered in this manner, but they could be donated for
purposes of human consumption, consistent with any applicable laws and
policies.
This final rule also establishes a requirement that any shark be
hauled alongside the vessel before being cut free (if on a line or
entangled in a net) in order to facilitate species identification by
the observer on board. This element of the final rule only applies to
vessels on which a WCPFC observer or camera monitoring device are
present on board.
Both of these elements of the final rule apply to all U.S. vessels
used for commercial fishing for HMS on the high seas and in exclusive
economic zones in the Convention Area (excluding the overlap area).
4. Fishing Restrictions for Mobulid Rays
This final rule also implements specific requirements of the
provisions of CMM 2019-05 for mobulid rays, including the following
five elements:
[[Page 30673]]
(1) Owners and operators are prohibited from setting on a mobulid
ray if the animal is sighted prior to a set;
(2) Owners and operators are prohibited from retaining on board,
transshipping, storing, or landing any part or whole carcass of a
mobulid ray;
(3) Owners and operators are required to release any mobulid ray
unharmed, as soon as possible, in a manner that results in the least
possible harm to the individuals captured, taking into consideration
the safety of the crew;
(4) Owners and operators are required to allow observers to collect
biological samples of mobulid rays, if requested to do so by a WCPFC
observer; and
(5) An exemption for purse seine vessels from elements 2 and 3 \1\
in specific cases where a mobulid ray is not seen during fishing
operations and is unknowingly delivered into the vessel hold. In such
cases, a vessel owner or operator will be required to notify the
observer on board, and surrender the whole mobulid ray at the first
point of landing, to the responsible government authorities, or other
competent authority, or discard it. It is prohibited to sell or barter
mobulid rays surrendered in this manner, but they could be donated for
purposes of human consumption, consistent with any applicable laws and
policies.
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\1\ NMFS notes that the preamble to the proposed rule included a
typographical error listing element 1 instead of element 3 for this
exemption.
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The five mobulid ray elements of the final rule apply to U.S.
vessels used for commercial fishing for HMS on the high seas and EEZs
in the Convention Area (excluding the overlap area).
Comments and Responses
NMFS received two comment letters on the proposed rule. One
commenter provided a general statement of support for the proposed
rule. The remaining comments are summarized below, followed by
responses from NMFS.
Comment 1: The American Tunaboat Association (ATA) commented that
all ATA vessels are already in compliance with the FAD design
requirements in the proposed rule, with one exception. The proposed
rule would require that ``all FADs on board or deployed from the vessel
in the Convention Area comply with the design requirement.'' ATA noted
that vessels would be working to retrieve old FADs from the water and
requested that NMFS modify the rule to make clear that the prohibition
would not apply to FADs that have been retrieved for destruction or
recycling and that will not be redeployed.
Response: NMFS has revised the regulatory text from that included
in the proposed rule to clarify that the design requirements only apply
to FADs that are to be deployed (i.e., are to be placed in the water)
in the Convention Area from a vessel, as specified in the CMM. The new
FAD design elements would not apply to FADs that were deployed and in
the water before the effective date of this rule. Although the new FAD
design elements do not apply to FADs that have been retrieved by vessel
owners and operators and are onboard the vessel to be destroyed or
recycled, FADs that have been serviced or retrieved must meet the FAD
design elements before they are re-deployed back into the water.
Comment 2: ATA commented that they recognize the proposed FAD
design requirements are part of a larger transition over time to fully
non-entangling (mesh-free) and eventually biodegradable FADs and they
expressed support for the eventual goal of effective biodegradable
FADs. ATA noted that more work is needed to transition to biodegradable
FADs and recognized that parallel efforts are underway to transition to
fully biodegradable FADs in the interim. However, ATA suggested that
any transition from the current requirements to fully non-entangling
FADs could postpone the transition to biodegradable FADs, and could
significantly increase the cost to vessels over the transition period.
ATA suggested that focus should instead be directed at enhancing
efforts to develop and deploy biodegradable FADs in the short-term.
Response: NMFS acknowledges the comment and notes that the WCPFC
FAD working group is continuing discussion on the use and development
of biodegradable FADs. In December 2021, the WCPFC adopted CMM 2021-01,
which includes modifications to the existing non-entangling FAD design
requirements and obligates Commission Members to implement fully non-
entangling (mesh free) design requirements by January 1, 2024. NMFS
plans to implement the modified design requirements in a separate
rulemaking. Implementation of the modified design requirements is
necessary to satisfy the obligations of the United States under the
Convention.
Comment 3: ATA expressed support for the element of the proposed
rule that would allow a limited exemption for purse seine vessels to
the prohibition on the retention of oceanic whitetip sharks and silky
sharks if a shark is inadvertently brought into the hold of the vessel.
Response: NMFS acknowledges the comment.
Comment 4: ATA sought clarification on the element of the proposed
rule that would require that sharks be hauled alongside a vessel before
being cut free in order to facilitate species identification. ATA
suggested that it would not be practical or safe to bring a purse seine
net to the side of a purse seine vessel in order to cut a shark free
and that this requirement seems more applicable to longline vessels.
ATA noted that the proposed rule correctly acknowledges that for purse
seine vessels, it is expected that in most cases, the shark would be
released after it is brailed from the net and brought on deck. ATA
suggested modifications to the regulation text that would clarify that
a shark must be released as soon as possible once it is brought
alongside or on board the vessel.
Response: The shark release requirements found at 50 CFR 300.226(b)
went into effect on March 23, 2015 (80 FR 8807, Feb. 19, 2015). These
requirements are not being changed in this final rule. Rather, this
final rule simply adds an exemption to the release requirements for
sharks that are not sighted prior to being delivered into a purse seine
vessel hold (50 CFR 300.226(e)). Separately, under this final rule,
NMFS is implementing a new requirement (found at 50 CFR 300.230) to
facilitate species identification for sharks that are incidentally
caught during fishing operations. This regulation clearly states that
the requirement to bring the shark alongside the vessel for
identification purposes only applies to sharks that are ``not brought
on board the fishing vessel,'' and only when observers or electronic
cameras are available. Thus, NMFS does not believe that further
revision to the regulatory text is needed.
Comment 5: ATA commented that the prohibition from setting on a
mobulid ray is a requirement that may occasionally result in a lost
opportunity for a purse seine vessel to make a set and that it will
likely have an economic impact on the fleet. ATA noted, however, that
ATA vessels will already be seeking to minimize the number of mobulid
ray interactions in the purse seine fishery, due to obligations under
the Endangered Species Act and that ATA understands the intent of the
requirement. The remaining elements of the proposed rule related to
mobulid ray interactions are things that ATA members have already
committed to implement.
Response: NMFS acknowledges the potential economic impact that may
result from the prohibition against setting on a mobulid ray. These and
other potential impacts have been
[[Page 30674]]
described in detail by NMFS in the EA and RIR associated with this
rulemaking. Implementation of the prohibition is necessary to satisfy
the obligations of the United States under the Convention.
Comment 6: ATA commented that provisions for both sharks and rays
use language such as ``as soon as possible'' and ``take all reasonable
steps'' and raised concerns that such subjective terms have resulted in
adverse enforcement actions based on determinations from observer
reports in the past. However, ATA stated that it counts on the
reasonable application and fair administration of NMFS enforcement
powers in such cases.
Response: The shark handling and release requirements found at 50
CFR 300.226(b) went into effect on March 23, 2015 (80 FR 8807, February
19, 2015), and NMFS is not modifying those regulations in this final
rule. Rather, this final rule implements new handling and release
requirements for mobulid rays at 50 CFR 300.229(c). These requirements
implement CMM 2019-05, which requires vessels to release mobulid rays
alive and unharmed ``to the extent practicable . . . as soon as
possible.'' Thus, the mobulid ray handling and release regulation
implements language directly from the CMM, and is written to be
consistent with existing regulations on shark handling and release.
Changes From the Proposed Rule
This final rule includes one substantive change to the regulatory
text from the proposed rule. NMFS has revised the regulatory text for
FAD requirements at 50 CFR 300.223(b)(4) to clarify that the FAD design
requirements will only apply to FADs to be deployed or redeployed
(i.e., placed in the water) from a vessel. This final rule also
includes editorial corrections in 50 CFR 300.229(e) so that both uses
of the term WCPFC observer are preceded by the word ``a'', an editorial
correction to 50 CFR 300.229(f) so that the word shark is deleted from
the last sentence, and editorial corrections to 50 CFR 300.226(a) and
(b) so the inadvertent editorial changes made to the existing
regulatory text in the proposed rule are withdrawn.
Classification
The Administrator, Pacific Islands Region, NMFS, has determined
that this action is consistent with the WCPFC Implementation Act and
other applicable laws, subject to further consideration after public
comment.
Coastal Zone Management Act (CZMA)
NMFS determined that this action is consistent to the maximum
extent practicable with the enforceable policies of the approved
coastal management program of American Samoa, the Commonwealth of the
Northern Mariana Islands (CNMI), Guam, and the State of Hawaii. NMFS
submitted determinations to Hawaii, American Samoa, CNMI and Guam on
August 2, 2021, for review by the responsible state and territorial
agencies under section 307 of the CZMA. Hawaii replied by letter dated
August 16, 2021, stating that, because the proposed rule is outside of
the jurisdiction of the Hawaii Coastal Zone Management Program's
enforceable policies, it would not be responding to the consistency
determination. The CNMI replied by letter dated August 31, 2021,
stating that it concurs that the action is consistent with the
enforceable policies of CNMI's coastal management program. Guam replied
by letter dated September 28, 2021, stating that based on the
information provided, it has determined that the action will be
consistent with the enforceable policies of Guam's Coastal Management
Program. No response was received from American Samoa, and thus,
concurrence with the respective consistency determinations is presumed
(15 CFR 930.41).
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act (RFA)
A final regulatory flexibility analysis (FRFA) was prepared, as
required by section 604 of the RFA. The FRFA incorporates the initial
regulatory flexibility analysis (IRFA) prepared for the proposed rule.
The analysis in the IRFA is not repeated here in its entirety. A
description of the action, why it is being considered, and the legal
basis for this action are contained in the SUMMARY section of the
preamble and in other sections of this SUPPLEMENTARY INFORMATION
section of the preamble. The analysis follows:
Significant Issues Raised by Public Comments in Response to the IRFA
NMFS did not receive any comments specifically on the IRFA. One
public comment received on the proposed rule referred to potential
economic impacts of the proposed action; see Comment #5 and NMFS'
response to that comment above.
Description of Small Entities to Which the Rule and Specifications Will
Apply
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide.
This final rule would apply to owners and operators of U.S.
commercial fishing vessels used to fish for HMS in the Convention Area.
This includes vessels in the purse seine, longline, tropical troll
(including those in American Samoa, the CNMI, Guam, and Hawaii), Hawaii
handline, Hawaii pole-and-line, and west coast-based albacore troll
fleets. The estimated number of affected fishing vessels is as follows
based on the number of vessels reported in the 2022 U.S. Annual Report
Part 1 to WCPFC (for the 2021 fishing year): 19 purse seine vessels,
149 longline vessels, 21 albacore troll vessels, and 1,913 tropical
troll and handline vessels. Thus, the total estimated number of vessels
that would be subject to the rule is 2,102. As of January 2023, there
are 14 purse seine vessels with WCPFC Area Endorsements (i.e., vessels
authorized to be used for commercial fishing for HMS on the high seas
in the Convention Area), 13 of which are active. The following analysis
includes 13 vessels as the baseline, even though the total number of
estimated vessels includes the number of 19 purse seine vessels from
Annual Report Part 1.
Based on (limited) financial information about the affected fishing
fleets, and using individual vessels as proxies for individual
businesses, NMFS believes that all the affected fish harvesting
businesses in all the fleets, except the purse seine fleet, are small
entities as defined by the RFA; that is, they are independently owned
and operated and not dominant in their fields of operation, and have
annual receipts of no more than $11.0 million. Within the purse seine
fleet, analysis of revenues for the 13 currently active vessels, by
vessel, for 2019-2021 reveals that average annual per-vessel revenue
was about $8,757,000 (NMFS unpublished data on catches combined with
fish price data from <a href="https://investor.thaiunion.com/raw_material.html">https://investor.thaiunion.com/raw_material.html</a>
accessed on March 22, 2022). Eleven of the active purse seine
[[Page 30675]]
vessels had estimated average annual revenues of less than $11 million,
and thus are considered to be small entities.
Recordkeeping, Reporting, and Other Compliance Requirements
The reporting, recordkeeping and other compliance requirements of
this final rule are described earlier in the preamble. The classes of
small entities subject to the requirements and the expected costs of
complying with the requirements are described above in the
Classification section of this final rule.
As described in the Paperwork Reduction Act (PRA) subsection below,
this final rule contains a revised collection-of-information
requirement subject to review and approval by the Office of Management
and Budget (OMB) under the PRA.
Non-entangling FAD Element: To comply with this element of the
rule, affected vessel owners and operators are required to use specific
materials and design specifications for FADs that are to be deployed
(i.e., are to be placed in the water) in the WCPFC Convention Area.
This element would not establish any new reporting or recordkeeping
requirements (within the meaning of the Paperwork Reduction Act). The
costs of complying with this requirement are described below to the
extent possible.
This element of the rule applies to all purse seine vessels used
for commercial fishing for HMS on the high seas and in exclusive
economic zones in the Convention Area (excluding the overlap area). A
majority of the purse seine vessels are already subject to equivalent
requirements in the eastern Pacific Ocean. NMFS has established
regulations for measures adopted by the IATTC (see 83 FR 15503, April
11, 2018; 83 FR 62732, December 6, 2018), which became effective on
January 1, 2019. Of the 14 purse seine vessels to which this element of
the rule would apply, 13 are currently active on both the WCPFC Record
of Fishing Vessels (RFV) and the IATTC Regional Vessel Register (RVR),
meaning that they are authorized to fish in both the WCPO and the EPO.
It is expected that the owners and operators of purse seine vessels on
both lists would therefore already be responsible for implementing the
FAD design requirements in the EPO, as specified in 50 CFR 300.28(e).
All 13 active purse seine vessels currently on the WCPFC RFV are also
on the International Seafood Sustainability Foundation (ISSF) ProActive
Vessel Register (PVR), and their owners and operators have agreed to
comply with ISSF-adopted conservation measures, which include the use
of non-entangling FADs or lower entanglement risk FADs. The ISSF lower
entanglement risk FADs meet the same design specifications and material
requirements in this element of the rule. Therefore, for the owners and
operators of all purse seine vessels that would be subject to the
requirement, NMFS expects that there would be no change in the
materials they currently use to design FADs.
To the extent that any of those vessels are not already
implementing the design specifications, and for any new purse seine
vessels that enter the fishery, there would likely be some costs
associated with complying with this requirement. However, it is not
possible to predict the costs associated with any certainty, as FAD
designs vary between vessels, and the availability of materials is
expected to vary over time. If specific non-entangling FAD materials
were difficult or costly to obtain (e.g., netting with 7 cm mesh size),
it could affect a vessel's ability to fish on FADs. In cases where
vessels choose to forego fishing on FADs, it could increase operating
costs in the form of increased fuel usage to fish on unassociated
schools of fish instead of fishing on FADs.
Fulfillment of these requirements is not expected to require any
professional skills that the affected vessel owners and operators do
not already possess.
IMO Number Element: This element of the rule requires owners of
fishing vessels less than 100 GRT down to a size of 12 meters LOA to
obtain an IMO number. This requirement is part of a collection of
information subject to approval by OMB under the PRA. The costs of
complying with this requirement are described below to the extent
possible.
This element of the rule applies to vessels used for commercial
fishing for HMS in the Convention Area (including the overlap area),
either on the high seas or in waters under the jurisdiction of a
foreign nation. Existing regulations at 50 CFR 300.217(c) require that
vessels at least 100 GRT obtain an IMO number, so most entities that
would be required to obtain an IMO number already have them. NMFS
estimates that 48 fishing vessels would initially be subject to the
expanded requirement, 45 longline vessels and three troll vessels. NMFS
has established regulations, at 50 CFR 300.22(b)(3)(iii), which
implement similar requirements for vessels fishing on the high seas in
the EPO. NMFS estimates that all but one of the 48 fishing vessels
initially subject to this element of the final rule are already subject
to the IATTC IMO requirements in the EPO. NMFS projects that as fishing
vessels enter the fishery in the future, roughly four per year would be
required to obtain IMO numbers.
The requirement to obtain an IMO number would be a one-time
requirement; once a number is issued for a vessel, the owner of the
vessel would be in compliance for the remainder of the vessel's life,
regardless of changes in ownership. Completing and submitting the
application form (which can be done online and requires no fees) would
take about 30 minutes per applicant, on average. Assuming a value of
labor of approximately $26 per hour and communication costs of about $1
per application, the (one-time) cost to each affected entity would be
about $14. Fulfillment of these requirements is not expected to require
any professional skills that the affected vessel owners and operators
do not already possess.
Shark Element (1): This element of the rule provides an exemption
to existing oceanic whitetip and silky shark prohibitions in the case
where an oceanic whitetip shark or silky shark is not seen during
fishing operations and is unknowingly delivered into the vessel hold
and frozen as part of a purse seine operation. It would not establish
any new reporting and recordkeeping requirements (within the meaning of
the Paperwork Reduction Act). The costs of complying with this
requirement are described below to the extent possible.
This element of the rule applies specifically to U.S. purse seine
vessels used for commercial fishing for HMS on the high seas or in EEZs
within the Convention Area (excluding the overlap area). It is not
expected that these requirements would cause any modification to the
vessels' fishing practices, as the expectation is that they would not
have seen the animal prior to delivering it into the hold. Although
this element would relieve vessel owners and operators from the burden
associated with the existing regulation, qualifying for the exemption
could bring modest costs. If the option of discarding the animal at the
first point of landing or transshipment is taken, no additional costs
would be expected. If the option of surrendering the shark to the
responsible government authority is taken, there could be moderate
costs in terms of crew labor that may be necessary to contact the
authority and surrender the shark. Under either option, the cost would
be offset by the reduced risk of monetary fines that may be associated
with current regulations prohibiting the retention of oceanic whitetip
sharks and silky sharks.
Fulfillment of these requirements is not expected to require any
professional skills that the affected vessel owners and operators do
not already possess.
Shark Element (2): This element of the rule requires that any
incidentally
[[Page 30676]]
caught shark not brought on board be hauled alongside the vessel before
being released in order to facilitate better species identification by
the WCPFC observer on board. It would not establish any new reporting
or recordkeeping requirements (within the meaning of the Paperwork
Reduction Act). The costs of complying with this requirement are
described below to the extent possible.
This element of the rule applies to all U.S. vessels used for
commercial fishing for HMS on the high seas or in EEZs within the
Convention Area (excluding the overlap area); however, it would only
apply to vessels on which an observer or electronic monitoring camera
is present, so for the foreseeable future, it is expected that it would
apply only to purse seine and longline vessels, which currently carry
observers.
For purse seine vessels, NMFS expects that this requirement would
not be frequently applicable. Although an observer would be present on
100 percent of trips, in most cases, the fish would be released only
after it is brailed from the purse seine and brought on deck. As stated
above, NMFS notes that observers on purse seine vessels already
routinely identify sharks that are brailed and brought on board the
vessel. In the infrequent circumstance that the vessel operator and
crew determined that it is possible to release the fish before it is
brought on deck, greater intervention and time on the part of crew
members would be needed to ensure that the observer is able to properly
identify species. To the extent that time could otherwise be put to
productive activities, this could lead to increased costs associated
with labor.
For longline vessels, it is expected that an observer would be
present on about 20 percent of trips for deep-set trips and 100 percent
on shallow-set trips.\2\ In these cases, it is expected that under
current fishing practices, the fish would be released as it is brought
to the side of the vessel, such as by cutting the line or removing the
hook. In these cases, minimal if any costs would be incurred.
---------------------------------------------------------------------------
\2\ Based on average percent observer coverage on Hawaii
longline vessels, 2017-2021.
---------------------------------------------------------------------------
This element of the rule is not expected to require any
professional skills that the affected vessel owners, operators and crew
do not already possess.
Mobulid Ray Element (1): This element of the rule prohibits vessels
from targeting mobulid rays or making a set in instances in which a
mobulid ray is sighted prior to a set. This requirement would not
impose any new reporting or recordkeeping requirements (within the
meaning of the Paperwork Reduction Act). The costs of complying with
this requirement are described below to the extent possible.
This element applies to all U.S. vessels used for commercial
fishing for HMS on the high seas or in the exclusive economic zones in
the Convention Area (excluding the overlap area). U.S. fishing vessels
in the WCPO are not known to intentionally target mobulid rays,
although they are caught incidentally in both the purse seine and
longline fleets and less frequently in the tropical handline and pole-
and-line fleets. It is unknown whether U.S. purse seine vessels
currently intentionally set on mobulid rays. If such a practice does
exist, this element would be expected to impact purse seine vessels by
prohibiting them from setting on a mobulid ray if sighted prior to a
set.
In the event that a mobulid ray is sighted prior to a desired set,
complying with this requirement could cause forgone fishing
opportunities and result in economic losses. It is difficult to project
the frequency of pre-set mobulid ray-sighting events because such
events are not recorded. Historical data on mobulid ray interactions
are available, but interactions are not equivalent to pre-set
sightings. According to anecdotal information from purse seine vessel
operators, a majority of mobulid rays are not seen before the set
commences. Nonetheless, historical mobulid ray interaction rates can
provide an upper bound estimate of the frequency of pre-set mobulid ray
sighting events in the future. Based on unpublished observer data from
the Pacific Islands Forum Fisheries Agency (FFA) observer program
between 2015 and 2019, mobulid ray interactions occur in approximately
3 percent of observed purse seine sets on average in the purse seine
fishery (100 percent of sets were observed in 2015-2019). In those
instances where a mobulid ray is sighted prior to a set, the vessel
operator would have to wait and/or move the vessel to find the next
opportunity to make a set. The consequences in terms of time lost,
distance travelled, and associated costs cannot be projected with any
certainty, but a range of possible outcomes can be foreseen. At worst,
the operator would lose the opportunity to make a set for the remainder
of the day. At best, the operator would find an opportunity to make a
set soon after the event--that is, on the same day, and limited costs
would be incurred. This requirement is not expected to require any
professional skills that the affected vessel owners, operators and crew
do not already possess.
Mobulid Ray Element (2): This element of the rule prohibits vessels
from retaining on board, transshipping, or landing any mobulid ray in
the Convention Area. This requirement would not impose any new
reporting or recordkeeping requirements (within the meaning of the
Paperwork Reduction Act). The costs of complying with this requirement
are described below to the extent possible.
This element of the rule applies to all U.S. vessels used for
commercial fishing for HMS on the high seas or in the EEZs in the
Convention Area (excluding the overlap area). U.S. fishing vessels in
the WCPO are not known to intentionally target mobulid rays, although
they are caught incidentally in both the purse seine and longline
fleets and less frequently in the tropical handline and pole-and-line
fleets. There are no recorded interactions with mobulid rays in the
tropical troll or albacore troll fleets.
Unpublished observer data from the FFA observer program and NOAA's
Pacific Islands Observer program indicate that between 2015 and 2019,
an estimated two mobulid rays were retained per year in the purse seine
fishery, on average, and in the longline fishery, it is estimated that
that less than one mobulid ray was retained per year, on average. The
remainder of the mobulid catch was released alive or discarded dead. In
the tropical handline and pole-and-line fleets, there were no reported
mobulid rays retained between 2015 and 2019. This requirement would
foreclose harvesting businesses' opportunity to retain and sell or
otherwise make use of any species of mobulid ray that may previously
have been retained by U.S. fishing vessels. The consequences in terms
of opportunity loss cannot be projected with any certainty; however,
available data indicate that there is no history of commercial sale of
mobulid rays by U.S. fishing vessels. Additionally, existing
requirements under 50 CFR 300.27 prohibit vessels from retaining on
board, transshipping, storing, landing, or selling any part or whole
carcass of a mobulid ray that is caught in the IATTC Convention Area in
the EPO. For those vessels that fish in both the WCPO and EPO, it is
expected that they would already be responsible for implementing the
retention prohibition requirements included in the EPO.
This element of the rule is not expected to require any
professional skills that the affected vessel owners, operators and crew
do not already possess.
[[Page 30677]]
Mobulid Ray Element (3): This element of the rule requires vessels
to release any mobulid ray caught in the Convention Area as soon as
possible and in a manner that results in as little harm to the animal
as possible, without compromising the safety of any persons. This
requirement would not impose any new reporting or recordkeeping
requirements (within the meaning of the Paperwork Reduction Act). The
costs of complying with this requirement are described below to the
extent possible.
This element of the rule applies to all U.S. vessels used for
commercial fishing for HMS on the high seas or in the EEZs in the
Convention Area (excluding the overlap area). The requirement could
bring costs in the form of reduced efficiency of fishing operations if
vessels were required to change their release/discard practices
relative to current practices.
For purse seine vessels, it is expected that in most cases, the
animal would be released after it is brailed from the purse seine and
brought on deck. In these cases, the labor involved would probably be
little different than current practice for discarded rays. If the
vessel operator and crew determined that it is possible to release the
animal before it is brought on deck, this would likely involve greater
intervention and time on the part of crew members, which would be
costly to the extent that time could otherwise be put to productive
activities.
Existing regulations under 50 CFR 300.27 require that vessels
promptly release any mobulid ray caught in the IATTC Convention Area,
unharmed, and as soon as it is seen in the net or on deck. As noted
above, most of the purse seine vessels registered on the WCPFC RFV are
also registered to fish on the IATTC RFV, and fish in both the WCPO and
the EPO, so it expected that those vessels would already be responsible
for implementing the release requirements in the EPO.
For longline, tropical handline and pole-and-line vessels, it is
expected that the animal would be quickly released as it is brought to
the side of the vessel, such as by cutting the line or removing the
hook. In these cases, minimal if any costs would be incurred.
This element of the rule is not expected to require any
professional skills that the affected vessel owners, operators and crew
do not already possess.
Mobulid Ray Element (4): This element of the rule is a limited
exemption from the mobulid retention prohibition and the mobulid
release requirement in that vessel owners and operators would be
relieved of those requirements in those cases where a WCPFC observer
collects, or requests assistance to collect, a sample of a mobulid ray,
if requested to do so by a WCPFC observer. This requirement would not
impose any new reporting or recordkeeping requirements (within the
meaning of the Paperwork Reduction Act). The costs of complying with
this requirement are described below to the extent possible.
This element of the rule applies to all U.S. vessels used for
commercial fishing for HMS on the high seas or in the EEZs in the
Convention Area (excluding the overlap area). Under existing
regulations, operators and crew of vessels with WCPFC Area Endorsements
are already required to assist WCPFC observers in the collection of
samples. This element of the rule would effectively expand that
requirement--specifically for mobulid rays--to vessels not required to
have WCPFC Area Endorsements. This element may bring additional costs
to fishing businesses because it may require the owner, operator, and
crew to assist the observer in the collection of samples if requested
to do so by the observer. It is not possible to project how often
observers would request assistance in collecting samples. When it does
occur, it is not expected that sample collection would be so disruptive
as to substantially delay or otherwise impact fishing operations, but
the fishing business could bear small costs in terms of crew labor, and
possibly the loss of storage space that could be used for other
purposes. It is not expected to require any professional skills that
the affected vessel owners, operators and crew do not already possess.
Mobulid Ray Element (5): This element of the rule provides a
limited exemption to elements 2 and 3 in specific cases where a mobulid
ray is not seen during fishing operations and is unknowingly delivered
into the vessel hold and frozen. It would not establish any new
reporting and recordkeeping requirements (within the meaning of the
Paperwork Reduction Act). The costs of complying with this requirement
are described below.
This element of the rule applies specifically to U.S. purse seine
vessels used for commercial fishing for HMS on the high seas or in EEZs
within the Convention Area (excluding the overlap area). It is not
expected that these changes would cause any modification to the
vessels' fishing practices, as the expectation is that they would not
have seen the animal prior to delivering it into the hold. Although
this element would relieve vessel owners and operators from the burden
associated with the existing regulation, the steps for discarding or
surrendering the animal could bring modest costs. If the option of
discarding the animal at the first point of landing or transshipment is
taken, no additional costs would be expected. If the option of
surrendering the mobulid ray to the responsible government authority is
taken, there could be moderate costs in terms of crew labor that may be
necessary to contact the authority and surrender the animal. Under
either option, the cost is would be offset by the reduced risk of
monetary fines.
Fulfillment of these requirements is not expected to require any
professional skills that the affected vessel owners and operators do
not already possess.
Disproportionate Impacts
Small entities would not be disproportionately affected relative to
large entities. Nor would there be disproportionate economic impacts
based on home port. As indicted above, there could be disproportionate
impacts according to vessel size for the IMO number requirement.
Duplicating, Overlapping, and Conflicting Federal Regulations
NMFS has not identified any Federal regulations that conflict with
or duplicate these regulations. NMFS has identified several Federal
regulations that overlap with the final rule. These include: the non-
entangling FAD requirements, which overlap with existing EPO
regulations at 50 CFR 300.28(e); the IMO number requirements, which
overlap with existing EPO regulations at 50 CFR 300.22(b)(3)(iii); the
purse seine shark retention requirements, which overlap with existing
EPO regulations at 50 CFR 300.27(f); and the mobulid ray requirements,
which overlap with existing EPO regulations at 50 CFR 300.27(i). The
regulations for the EPO apply when vessels fish in the EPO, including
the area of overlapping jurisdiction between the IATTC and the WCPFC
(overlap area). Aside from the IMO number requirements, the regulations
under this final rule apply in the WCPO, excluding the overlap area.
The revised IMO number requirements in this rule also apply in the
overlap area.
Alternatives to the Final Rule
NMFS has not been able to identify any alternatives that would
minimize any significant economic impact of the final rule on small
entities. NMFS rejected the alternative of taking no action at all
because it would be inconsistent with the United States'
[[Page 30678]]
obligations under the Convention. As a Contracting Party to the
Convention, the United States is required to implement the decisions of
the Commission. Consequently, NMFS has limited discretion as to how to
implement those decisions.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. NMFS has
prepared small entity compliance guides for this rule, and will send
copies of the appropriate guide to holders of permits in the relevant
fisheries. The guide and this final rule also will be available via the
Federal e-rulemaking Portal, at <a href="http://www.regulations.gov">www.regulations.gov</a> (search for ID
NOAA-NMFS-2021-0068) and by request from NMFS PIRO (see ADDRESSES).
Paperwork Reduction Act
This final rule contains one collection-of-information requirement
that has been submitted to the Office of Management and Budget (OMB)
for approval under the Paperwork Reduction Act (PRA), temporary Control
Number 0648-0798. NMFS will merge the collection-of-information
requirement implemented by this final rule with the existing, approved
information collection under OMB Control Number 0648-0595, ``Western
and Central Pacific Fisheries Convention Vessel Information Family of
Forms''. This final rule requires the owners of certain fishing vessels
to ensure that IMO numbers are issued for vessels. This would be a one-
time requirement; no renewals or updates would be required during the
life of a vessel. Public reporting burden for a vessel to acquire an
IMO number is estimated to average approximately 30 minutes per
response. These estimates include the time necessary for reviewing
instructions, searching existing data sources, gathering and
maintaining the necessary data, and compiling, reviewing, and
submitting the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number. All currently approved
collections of information may be viewed at <a href="http://www.cio.noaa.gov/services">http://www.cio.noaa.gov/services</a>_programs/prasubs.html.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Authority: 16 U.S.C. 6901 et seq.
Dated: May 5, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart O--Western and Central Pacific Fisheries for Highly
Migratory Species
0
1. The authority citation for 50 CFR part 300, subpart O, continues to
read as follows:
Authority: 16 U.S.C. 6901 et seq.
0
2. In Sec. 300.217, revise paragraph (c)(2) to read as follows:
Sec. 300.217 Vessel identification.
* * * * *
(c) * * *
(2) The owner of a fishing vessel of the United States used for
commercial fishing for HMS in the Convention Area, either on the high
seas or in waters under the jurisdiction of any nation other than the
United States, shall request and obtain an IMO number for the vessel if
the gross tonnage of the vessel, as indicated on the vessel's current
Certificate of Documentation issued under 46 CFR part 67, is at least
100 GRT or 100 GT ITC, or less than 100 GRT down to a size of 12 meters
in overall length. An IMO number may be requested for a vessel by
following the instructions given by the administrator of the IMO ship
identification number scheme; those instructions are currently
available on the website of IHS Markit at:
<a href="http://www.imonumbers.lrfairplay.com">www.imonumbers.lrfairplay.com</a>.
* * * * *
0
3. In Sec. 300.222, add paragraphs (bbb) through (eee) to read as
follows:
Sec. 300.222 Prohibitions.
* * * * *
(bbb) Fail to comply with the FAD design requirements in Sec.
300.223(b)(4).
(ccc) Fail to comply with the requirements of any exemption under
Sec. 300.226(e).
(ddd) Fail to comply with any of the restrictions, prohibitions or
requirements specified in Sec. 300.229.
(eee) Fail to comply with the handling and release requirements in
Sec. 300.230.
0
4. In Sec. 300.223, add paragraph (b)(4) to read as follows:
Sec. 300.223 Purse seine fishing restrictions.
* * * * *
(b) * * *
(4) FAD design requirements to reduce entanglements. Owners and
operators of fishing vessels of the United States equipped with purse
seine gear shall ensure that all FADs to be deployed (i.e., are to be
placed in the water) from the vessel in the Convention Area comply with
the following design requirements:
(i) Raft. If the FAD design includes a raft (e.g., flat raft or
rolls of material) and if mesh netting is used as part of the structure
of the raft, the mesh netting shall have a stretched mesh size less
than 7 centimeters and the mesh net must be tightly wrapped such that
no netting hangs below the raft when deployed; and
(ii) Subsurface. Any netting used in the subsurface structure of
the FAD must be tightly tied into bundles (``sausages''), or if not
tightly tied into bundles, then must be made of stretched mesh size
less than 7 centimeters and be configured as a panel that is weighted
on the lower end with enough weight to keep the netting vertically taut
in the water column.
* * * * *
0
5. In Sec. 300.226, revise paragraphs (a) and (b) and add paragraph
(e) to read follows:
Sec. 300.226 Oceanic whitetip shark and silky shark.
* * * * *
(a) The crew, operator, and owner and operator of a fishing vessel
of the United States used for commercial fishing for HMS cannot retain
on board, transship, store, or land any part or whole carcass of an
oceanic whitetip shark (Carcharhinus longimanus) or silky shark
(Carcharhinus falciformis) that is caught in the Convention Area unless
subject to the provisions of paragraph (c) or (e) of this section.
(b) The crew, operator, and owner and operator of a fishing vessel
of the United States used for commercial fishing for HMS must release
any oceanic whitetip shark or silky shark that is caught in the
Convention Area as soon as possible after the shark is caught and
brought alongside the vessel, and take
[[Page 30679]]
reasonable steps for its safe release, without compromising the safety
of any persons, unless subject to the provisions of paragraph (c) or
(e) of this section.
* * * * *
(e) Paragraphs (a) and (b) of this section do not apply in the
event that any oceanic whitetip shark or silky shark is not seen by the
crew, operator, or owner of a purse seine vessel, or any WCPFC observer
on board that vessel, prior to being delivered into the vessel hold and
frozen. In such a case, oceanic whitetip shark or silky shark could be
stored and landed, but the vessel owner or operator must notify the on-
board observer and surrender the whole shark to the responsible
government authorities or discard the shark at the first point of
landing or transshipment. In U.S. ports, the responsible government
authority is the NOAA Office of Law Enforcement. Any oceanic whitetip
shark or silky shark surrendered in this manner may not be sold or
bartered, but may be donated for human consumption, consistent with any
applicable laws and policies.
0
6. Add Sec. 300.229 to read as follows:
Sec. 300.229 Mobulid ray restrictions.
The requirements of this section apply in all exclusive economic
zones and all areas of high seas in the Convention Area, excluding the
Overlap Area. For the purpose of this section, mobulid ray is defined
as any ray in the family Mobulidae, which includes manta rays and devil
rays (Mobula spp.).
(a) The owner and operator of a fishing vessel of the United States
used for commercial fishing for HMS cannot set or attempt to set on or
around a mobulid ray if the animal is sighted at any time prior to the
commencement of the set or the attempted set.
(b) The owner and operator of a fishing vessel of the United States
used for commercial fishing for HMS cannot retain on board, transship,
store, or land any part or whole carcass of a mobulid ray, unless
subject to the provisions of paragraphs (d), (e) and (f) of this
section.
(c) The owner and operator of a fishing vessel of the United States
used for commercial fishing for HMS must release any mobulid ray, as
soon as possible, and must ensure that all reasonable steps are taken
to ensure its safe release, without compromising the safety of any
persons, unless subject to the provisions of paragraphs (d), (e) and
(f) of this section.
(d) Paragraphs (b) and (c) of this section do not apply in the
event that a WCPFC observer collects, or requests the assistance of the
vessel crew, operator, or owner in the collection of, samples of a
mobulid ray in the Convention Area.
(e) The crew, operator, and owner of a vessel must allow and assist
a WCPFC observer to collect samples of a mobulid ray in the Convention
Area, if requested to do so by a WCPFC observer.
(f) Paragraphs (b) and (c) of this section do not apply in the
event that a mobulid ray is not seen by the crew, operator, or owner of
a purse seine vessel, or any WCPFC observer on board that vessel, prior
to being delivered into the vessel hold and frozen. In such a case, a
mobulid ray could be stored and landed, but the vessel owner or
operator must notify the on-board observer and surrender the whole ray
to the responsible government authorities or discard the animal at the
first point of landing or transshipment. In U.S. ports, the responsible
government authority is the NOAA Office of Law Enforcement. Any mobulid
ray surrendered in this manner may not be sold or bartered, but may be
donated for human consumption, consistent with any applicable laws and
policies.
0
7. Add Sec. 300.230 to read as follows:
Sec. 300.230 Shark handling and release.
(a) The requirements of paragraph (b) of this section apply to all
fishing vessels of the United States used for commercial fishing for
HMS. The requirements apply in all exclusive economic zones and all
areas of high seas in the Convention Area, excluding the Overlap Area.
The requirements apply only if there is a WCPFC observer or camera
monitoring device on board the fishing vessel.
(b) Prior to releasing any shark that is caught during fishing
operations and not brought on board the fishing vessel, the owner and
operator, without compromising the safety of any persons, shall ensure
that the shark is brought alongside the vessel for identification
purposes.
[FR Doc. 2023-09966 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on May 12, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.