Proposed Rule2024-08702
International Fisheries; Pacific Tuna Fisheries; Safe Handling and Release Practices for Sharks on Longline Vessels and Revision to Vessel Monitoring System Requirements in the Eastern Pacific Ocean
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Published
April 25, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is proposing regulations under the Tuna Conventions Act of 1950, as amended, to implement Resolutions C-23-07 (Conservation Measures for the Protection and Sustainable Management of Sharks) and C-23-11 (On the Establishment of a Vessel Monitoring System) adopted by the Inter-American Tropical Tuna Commission (IATTC) at its meeting in August 2023 in Victoria, Canada. This proposed rule would implement provisions of these Resolutions and would require U.S. longline vessels fishing for tuna or tuna-like species in the eastern Pacific Ocean (EPO) that have incidental shark catch to release sharks by leaving them in the water and cutting the branchline so that less than 1 meter remains on each animal. The proposed rule would also require large vessels fishing for tuna or tuna-like species in the EPO to make manual reports every six hours in the event of a malfunctioning vessel monitoring system (VMS) unit. This action is necessary for the United States to satisfy its obligations as a member of the IATTC.
Full Text
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<title>Federal Register, Volume 89 Issue 81 (Thursday, April 25, 2024)</title>
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[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Proposed Rules]
[Pages 31708-31713]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08702]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240417-0110]
RIN 0648-BM67
International Fisheries; Pacific Tuna Fisheries; Safe Handling
and Release Practices for Sharks on Longline Vessels and Revision to
Vessel Monitoring System Requirements in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS is proposing regulations under the Tuna Conventions
[[Page 31709]]
Act of 1950, as amended, to implement Resolutions C-23-07 (Conservation
Measures for the Protection and Sustainable Management of Sharks) and
C-23-11 (On the Establishment of a Vessel Monitoring System) adopted by
the Inter-American Tropical Tuna Commission (IATTC) at its meeting in
August 2023 in Victoria, Canada. This proposed rule would implement
provisions of these Resolutions and would require U.S. longline vessels
fishing for tuna or tuna-like species in the eastern Pacific Ocean
(EPO) that have incidental shark catch to release sharks by leaving
them in the water and cutting the branchline so that less than 1 meter
remains on each animal. The proposed rule would also require large
vessels fishing for tuna or tuna-like species in the EPO to make manual
reports every six hours in the event of a malfunctioning vessel
monitoring system (VMS) unit. This action is necessary 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 May 28, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0041">https://www.regulations.gov/docket/NOAA-NMFS-2024-0041</a>. You may
submit comments on this document, identified by NOAA-NMFS-2024-0041, by
any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2024-0041 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 Amanda Munro, NMFS West
Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2024-0041'' in the
comments.
Instructions: 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 by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the draft Regulatory Impact Review (RIR) and other
supporting documents are available via the Federal eRulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, docket NOAA-NMFS-2024-0041 or contact the
Highly Migratory Species Branch, Amanda Munro, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802, or <a href="/cdn-cgi/l/email-protection#b1e6f2e39ff9fce2f1dfded0d09fd6dec7"><span class="__cf_email__" data-cfemail="7c2b3f2e5234312f3c12131d1d521b130a">[email protected]</span></a>.
Send comments on the collection of information pursuant to the
Paperwork Reduction Act (PRA) by email to <a href="/cdn-cgi/l/email-protection#115e5843504e4264737c786262787e7f517e7c733f747e613f767e67"><span class="__cf_email__" data-cfemail="216e6873607e7254434c485252484e4f614e4c430f444e510f464e57">[email protected]</span></a>,
or fax to (202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Amanda Munro, NMFS, (619) 407-9284,
<a href="/cdn-cgi/l/email-protection#c283afa3aca6a3ec8fb7acb0ad82acada3a3eca5adb4"><span class="__cf_email__" data-cfemail="d796bab6b9b3b6f99aa2b9a5b897b9b8b6b6f9b0b8a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background on the Inter-American Tropical Tuna Commission
The United States is a member of the IATTC, which was established
in 1949 and operates under 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).
The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC facilitates the conservation, research, and
management of tuna and tuna-like species in the IATTC Convention Area
(Convention Area). The 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, shark, and billfish stocks
in the EPO to determine appropriate catch limits and other measures to
promote sustainable fisheries and prevent overexploitation.
The text of the Antigua Convention can be found here: <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>.
International Obligations of the United States Under the Convention
As a Party to the Antigua Convention and a member of the IATTC, the
United States is legally bound to implement decisions of the IATTC. The
Tuna Conventions Act (TCA), 16 U.S.C. 951 et seq., directs the
Secretary of Commerce, in consultation with the Secretary of State and,
with respect to enforcement measures, the U.S. Coast Guard, to
promulgate such regulations as may be necessary to carry out the United
States' obligations under the Antigua Convention, including
recommendations and decisions adopted by the IATTC. The authority of
the Secretary of Commerce to promulgate such regulations has been
delegated to NMFS. All Resolutions adopted by the IATTC can be found
online: <a href="https://iattc.org/ResolutionsActiveENG.htm">https://iattc.org/ResolutionsActiveENG.htm</a>.
IATTC Resolutions on Sharks and VMS
The IATTC held its 101st Meeting in August 2023 in Victoria,
Canada. During this meeting, the IATTC adopted several resolutions,
including the two that would be implemented by this proposed rule--
IATTC Resolutions C-23-07 (Conservation Measures for the Protection and
Sustainable Management of Sharks) and C-23-11 (On the Establishment of
a Vessel Monitoring System).
IATTC Resolution C-23-07 includes new requirements regarding safe
handling and release procedures for sharks caught by longline vessels.
Paragraph 11(f) of the Resolution includes the requirements to ``leave
the shark in the water, where possible'' and ``use a line cutter to cut
the branchline as close to the hook as possible, and so that less than
1 meter remains on the animal, to the extent practicable.'' It also
includes provisions applicable to all vessels prohibiting shark finning
and requiring sharks be landed with fins naturally attached, which are
already required in the United States by the Shark Conservation Act of
2010.
To ensure that vessel locations and identification numbers remain
available to relevant authorities at a consistent interval even in the
event of a technical failure, IATTC Resolution C-23-11 specifies a
manual reporting requirement in the event of a malfunctioning VMS unit
for vessels above 24 meters (78.74 feet) in length. The Resolution
states in paragraph 4 that ``a fishing vessel with a defective
satellite tracking device shall communicate to the . . . relevant
competent authority at a minimum every 6 hours, reports containing
[vessel identification number, location, date, time, speed, and course]
by appropriate telecommunication means (e.g., radio, web-based
reporting, electronic mail, telefax or telex).''
Proposed Regulations for Sharks
This proposed rule, if adopted, would amend 50 CFR 300.27(k), which
currently contains shark handling and release requirements for purse
seine vessels, to also include shark handling and release requirements
for longline vessels. No changes are proposed to the
[[Page 31710]]
existing requirements for purse seine vessels. Specifically, the
proposed rule would require U.S. longline vessel owners and operators
to leave live, unretained sharks in the water and cut the branchline so
that less than 1 meter of trailing gear remains on the animal. If this
procedure is not possible without compromising the safety of any
persons, the vessel owner or operator would be required to cut the
branchline as close to the hook as possible.
To facilitate the trimming of the branchline to the appropriate
length, longline vessel owners or operators would be required to carry
a line clipper meeting minimum design standards onboard the vessel and
use it to cut branchline. The standards for this line clipper would be
the same as those already required for Hawaii-based longline vessels
(see 50 CFR 665.812(a)(5)), which make up the majority of longline
vessels fishing in the EPO. The standards for the line clipper would
include a protected cutting blade with an edge capable of cutting
monofilament line or braided mainline that is securely fastened to an
extended reach holder of at least 6 feet.
Shark finning (i.e., the practice of removing any fin from the body
of a shark at sea) is prohibited in the United States by the Shark
Conservation Act of 2010, which was implemented by regulations at 50
CFR part 600, subpart N. The statute and regulations also prohibit the
possession, transfer, and landing of any shark fin that is not
naturally attached (i.e., attached to the corresponding shark carcass
through some portion of uncut skin). As part of this rulemaking, NMFS
is proposing to include a cross-reference to these regulations in the
regulations governing EPO tuna fisheries, which are found in 50 CFR
part 300, subpart C. The cross-reference would make clear the
regulations in 50 CFR part 600, subpart N apply to vessel owners and
operators fishing for tuna and tuna-like species in the IATTC
Convention Area.
Proposed Regulations for VMS
Any U.S. commercial fishing vessel that is 24 meters or more in
overall length and engaging in fishing activities for tuna or tuna-like
species in the IATTC Convention Area is already required to have a VMS
unit installed, per regulations at 50 CFR 300.26(b). In the rare event
of a technical failure of a VMS unit while the vessel is at sea, vessel
operators are required to notify NOAA Office of Law Enforcement (OLE)
and follow OLE's instructions (see 50 CFR 300.26(c)(4)(ii)).
This proposed rule would add the requirement of manual reporting in
the event of a malfunctioning VMS unit. NMFS would require vessel
owners and operators to provide manual reports to OLE with specific
information every 6 hours by appropriate telecommunication means such
as radio, email, or telephone. The manual reports would include: the
vessel's identification, the vessel's geographical position (latitude
and longitude) with an error of less than 100 meters at a confidence
level of 98 percent, the date and time of the fixing of the vessel's
position, and the vessel's speed and course. NMFS would require these
reports to continue until the VMS unit issue is resolved or the vessel
is back in port.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act and other applicable
laws, subject to further consideration after public comment.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Paperwork Reduction Act
The VMS section of this proposed rule contains a revision to a
collection-of-information requirement for purposes of the Paperwork
Reduction Act of 1995 (PRA). West Coast Region Vessel Monitoring System
and Pre-Trip Reporting System Requirements, OMB Control Number(s):
0648-0498, would be modified to add the manual reporting requirement in
the event of a technical VMS unit failure. All VMS and pre-trip
reporting requirements under that collection-of-information would
continue to apply.
NMFS estimates that the public reporting burden for the collection
of information for manual VMS reports will average 5 minutes per
report, 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 VMS manual
reporting 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 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#c58a8c97849a96b0a7a8acb6b6acaaab85aaa8a7eba0aab5eba2aab3"><span class="__cf_email__" data-cfemail="723d3b20332d2107101f1b01011b1d1c321d1f105c171d025c151d04">[email protected]</span></a>, or fax to (202) 395-5806.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (RFA), 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 this certification is provided in the following
paragraphs.
Background
This action would apply to U.S. commercial fishing vessels of
several gear types fishing for tuna and tuna-like species in the IATTC
Convention Area. The objectives of the proposed action are: (1) to
reduce post-release mortality of incidentally caught shark species, (2)
ensure vessel locations and identification numbers remain available to
relevant authorities even in the event of a technical VMS unit failure,
and (3) fulfill international obligations of the United States as a
member of the IATTC.
As described under Proposed regulations for sharks and Proposed
regulations for VMS, the proposed rule would require U.S. longline
vessels with incidental catch of sharks to leave the shark in the water
and cut trailing gear, using a specified line clipper, so that less
than 1 meter of trailing gear remains on the animal. It would also
require large vessels fishing for tuna or tuna-like species, in the
event of a malfunctioning VMS unit, to make manual reports every 6
hours of the vessel's identification, date, time, geographical
position, speed, and course. The entities directly affected by the
proposed action are: (1) U.S. vessels greater than 24 meters in overall
length that fish for tuna or tuna-like species in the IATTC Convention
Area, which include purse seine vessels, longline vessels, troll/jig,
and
[[Page 31711]]
multipurpose vessels; and (2) all other U.S. longline vessels fishing
in the IATTC Convention Area.
For RFA purposes only, NMFS has established a small business size
standard of $11 million in annual gross receipts for all businesses,
including their affiliates, primarily engaged in the commercial fishing
industry (see 50 CFR 200.2). This standard applies to all businesses
classified under North American Industry Classification System (NAICS)
code 11411 for commercial fishing, including all businesses classified
as commercial finfish fishing (NAICS 114111), commercial shellfish
fishing (NAICS 114112), and other commercial marine fishing (NAICS
114119) businesses.
NMFS prepared analyses for this regulatory action based on this
size standard. All of the entities directly regulated by this
regulatory action are commercial finfish fishing businesses. Under this
size standard, some U.S. fishing vessels affected by this action are
considered large businesses, while others are small businesses.
Impacts to Longline Vessels From Proposed Regulations on Sharks
The proposed action would implement shark handling and release
requirements for all owners and operators of U.S. longline fishing
vessels fishing in the IATTC Convention Area. To estimate the number of
affected entities, we utilized landings data from the Pacific Islands
Fisheries Science Center (PIFSC), Pacific highly migratory species
(HMS) permits (issued under 50 CFR 660.707), Hawaii longline limited
access permits (issued under 50 CFR 665.13), and high seas fishing
permits (issued under 50 CFR 300.333).
Between 2019 and 2023, an average of 115 U.S. longline vessels
fished for HMS in the IATTC Convention Area. The majority of these
longline vessels have Hawaii longline limited access permits or both
Hawaii and Pacific HMS permits. Three of these longline vessels were
based on the West Coast and operated solely under the Pacific HMS
permit and high seas permit. U.S. West Coast-based longline vessels
operating under the Pacific HMS permit fish primarily in the EPO are
currently restricted to fishing with deep-set longline gear outside of
the U.S. exclusive economic zone (EEZ) and can only make landings on
the U.S. West Coast. Hawaii-based longline vessels fishing in the EPO
as well as the Western Central Pacific Ocean (WCPO) can fish with both
shallow-set and deep-set longline gear outside of the U.S. EEZ and make
landings in Hawaii as well as the West Coast.
According to U.S. logbook and observer data between 2018 and 2023,
longline vessels in the EPO interacted with an average of 16 different
shark species every year, including Smooth hammerhead shark (Sphyrna
zygaena), Shortfin mako shark (Isurus oxyrinchus), Tiger shark
(Galeocerdo cuvier), and others. The vessels caught between 5,191 and
10,799 sharks every year with an average of 7,679 sharks per year. The
majority of these sharks were released alive, with an average of 6,820
sharks (i.e., 89 percent) released alive per year.
The ultimate fate of sharks post-release is often unobserved, so
survivorship is largely unquantified. A growing body of research
suggests that post-release mortality of sharks caught by longline
vessels varies widely, depending on species and other factors. Research
from PIFSC suggests that animals released with a minimum of trailing
fishing gear have the highest rates of survival.
Between 2019 and 2023, longline vessels that fished in the IATTC
Convention Area had average ex-vessel revenues ranging from $197,301 to
$255,985 for total landings, including those in the EPO and WCPO. The
maximum ex-vessel revenue of any longline vessel that fished in the
IATTC Convention Area was well below the $11 million threshold for
finfish harvesting businesses. Therefore, all of the longline vessels
impacted by the proposed rule would be considered small business
entities.
One economic impact of the proposed action to these entities would
be the requirement to carry a specified line clipper to free
incidentally caught sharks. Longline vessels with Hawaii longline
limited access permits are already required to carry line clippers that
meet these same specifications through regulations codified at 50 CFR
665.812. Therefore, it is expected that only the three vessels based on
the West Coast would be required to purchase materials and assemble the
line clipper. Each line clipper costs between $15 and $30 to make.
Another potential economic impact could be a loss of fishing time
due to increased handling and release procedures. The amount of time
lost would likely vary depending on crew experience, weather
conditions, and shark species, among other factors. However, the time
lost is expected to be minimal.
All of these vessels are considered small businesses, so there will
not be a disproportionate impact between small and large businesses as
a result of this requirement.
Impacts to Vessels Over 24 Meters in Length From Proposed Regulations
on VMS
The proposed action would also implement a requirement for manual
reporting in the event of a malfunctioning VMS unit for all owners and
operators of U.S. commercial fishing vessels 24 meters or more in
overall length used to target tuna or tuna-like species in the IATTC
Convention Area. To estimate the number of entities affected by this
portion of the proposed action, we utilized the number of vessels
authorized to fish for HMS in the EPO as a reasonable proxy. The
permits used to estimate the number of affected entities were: Pacific
HMS permits (issued under 50 CFR 660.707) and high seas fishing permits
(issued under 50 CFR 300.333). We obtained revenue data from IATTC,
PIFSC, and SWFSC.
As of January 2024, there were 145 vessels of this size authorized
to fish for HMS in the EPO on the IATTC Regional Vessel Register. These
vessels include purse seine, longline, multipurpose, and troll/jig
vessels.
Purse Seine vessels: As of January 2024, there are 15 U.S. purse
seine vessels larger than 24 meters in length registered to fish in the
IATTC Convention Area. These purse seine vessels target skipjack tuna
by fishing on floating objects and unassociated sets; they also catch
and retain yellowfin and bigeye tuna. Based on the limited financial
information about the affected fishing fleets and using individual
vessels as proxies for individual businesses, NMFS analyzed revenue for
the 15 currently active vessels within the large purse seine fleet by
vessel.
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.
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">https://www.ffa.int</a>). NMFS estimated vessels' annual receipts during
2019-2020. Using this approach, NMFS estimates that among the affected
vessels, the range in annual average
[[Page 31712]]
receipts in 2019-2020 was $400,000 to $15 million with an average of
approximately $8 million.
Based on this limited financial information about the affected
fishing fleets, NMFS believes that over half of the vessels in the
purse seine fleet are small entities as defined by the RFA; that is,
they are independently owned and operated and not dominant in their
fields of operation and have annual receipts of no more than $11
million.
Longline vessels: As stated previously in the previous section of
this RFA discussion, all of the longline vessels that fished in the
IATTC Convention Area between 2019 and 2023, including vessels longer
than 24 meters in length impacted by these proposed VMS provisions,
would be considered small businesses.
Troll/Jig and Multipurpose: North Pacific albacore troll is a West
Coast fishery that historically operates during the summer months,
ranging from Southern California to Canadian waters. Currently, most
vessels are based out of Oregon and Washington, with some vessels based
out of California. Between 2019 and 2023, 43 troll/jig and multipurpose
vessels larger than 24 meters in length made landings on the West
Coast. Among these vessels, average ex-vessel revenue ranged from $48
to $942,686, with an average of $140,860. All of these vessels had
annual revenues less than $11 million and thus are considered to be
small entities.
VMS unit failures: According to NOAA OLE, over the course of 2
years in 2022 and 2023, there were 36.5 VMS unit failures among 1,600
West Coast vessels. Based on these numbers, it is reasonable to
estimate that approximately 1 percent of vessels equipped with VMS will
experience a VMS unit failure at sea in a given year. Therefore, with a
maximum of 145 vessels impacted by the rulemaking, and a 1 percent
failure rate, NMFS conservatively estimates that 1.5 vessels per year
might experience a failure and be impacted by the proposed action, on
average. A failure would require that vessel operator to make a series
of 5-10 minute phone calls or emails every 6 hours until the issue is
resolved. As the cost of a phone call or email is generally less than a
dollar, the economic impact of the new reporting requirements would be
minimal. This impact is the same regardless of the type of vessel
impacted, so impacts between large and small entities are expected to
be the same.
Overall Economic Impacts of Proposed Regulations
In summary, the proposed action, if adopted, 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 provisions related to VMS are considered large and
small businesses, and the entities impacted by the provisions related
to sharks are considered small businesses. The impacts of both
components of the proposed rule are minor and do not have different
impacts on large and small entities. The proposed action, if adopted,
is not expected to substantially change the typical fishing practices
of the affected vessels. Any impact to the income of U.S. vessels is
expected to be minimal.
Therefore, the action is not expected to have a significant
economic impact on a substantial number of small entities. As a result,
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: April 18, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Eastern Pacific Tuna Fisheries
0
1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
0
2. In Sec. 300.24, revise paragraph (z) to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(z) In the event of VMS unit failure or interruption: fail to
repair or replace a VMS unit; fail to notify the Assistant Director,
NOAA Office of Law Enforcement, Pacific Islands Division (or designee)
and follow the instructions provided; fail to manually report as
required in Sec. 300.26(c)(4)(ii); or otherwise fail to act as
provided in Sec. 300.26(c)(4).
* * * * *
0
3. In Sec. 300.26, revise paragraph (c)(4)(ii) to read as follows:
Sec. 300.26 Vessel monitoring system (VMS).
* * * * *
(c) * * *
(4) * * *
(ii) If the vessel is at sea: The vessel owner, operator, or
designee must contact the Assistant Director (AD) of NOAA Office of Law
Enforcement (OLE) by telephone, facsimile, or email at the earliest
opportunity during the AD's business hours and identify the caller and
vessel. The vessel operator must follow the instructions provided by
the AD which could include, but may not be limited to, ceasing fishing,
stowing fishing gear, and/or returning to port. The vessel operator
must also manually report to OLE every 6 hours by appropriate
telecommunication means reports containing: the vessel's
identification, the vessel's geographical position (latitude and
longitude) with an error of less than 100 meters at a confidence level
of 98 percent, the date and time (UTC) of the fixing of the vessel's
position, and the vessel's speed and course. These reports must
continue until the vessel returns to port or the VMS unit is once again
functioning normally. The vessel operator must repair or replace the
VMS unit and ensure it is operable before starting the next trip.
* * * * *
0
4. In Sec. 300.27, revise paragraph (k) and add paragraphs (m) and (n)
to read as follows:
Sec. 300.27 Incidental catch and tuna retention requirements.
* * * * *
(k) Shark handling and release requirements. (1) For purse seine
vessels: the crew, operator, or owner of a U.S. commercial purse seine
fishing vessel must promptly release unharmed, to the extent
practicable, any shark (whether live or dead) caught in the IATTC
Convention Area, as soon as it is seen in the net or on the deck,
without compromising the safety of any persons. If a shark is live when
caught, the crew, operator, or owner must follow these release
procedures:
(i) Sharks must be released out of the purse seine net by directly
releasing the shark from the brailer into the ocean. Sharks that cannot
be released without compromising the safety of persons or the sharks
before being landed on deck must be returned to the water as soon as
possible, either utilizing a ramp from the deck connecting to an
opening on
[[Page 31713]]
the side of the boat or through escape hatches. If ramps or escape
hatches are not available, the sharks must be lowered with a sling or
cargo net, using a crane or similar equipment, if available.
(ii) No shark may be gaffed or hooked, lifted by the head, tail,
gill slits or spiracles, or lifted by using bind wire against or
inserted through the body, and no holes may be punched through the
bodies of sharks (e.g., to pass a cable through for lifting the shark).
(2) For longline vessels: the crew, operator, or owner of a U.S.
commercial longline fishing vessel must promptly release unharmed, to
the extent practicable, any shark (whether live or dead) caught in the
IATTC Convention Area that is not retained, as soon as it is seen on
the line, without compromising the safety of any persons. If a shark is
live when seen on the line, the crew, operator, or owner must follow
these release procedures:
(i) Leave the shark in the water.
(ii) Use a line clipper meeting the minimum design standards in
paragraph (m) of this section to cut the branchline so that less than 1
meter (or 3.3 ft) of line remains on the animal. If this is not
possible without compromising the safety of any persons, cut the
branchline as close to the hook as possible.
* * * * *
(m) Possession and use of required mitigation gear. (1) NMFS has
established minimum design standards for line clippers. At least one
line clipper meeting these design standards must be present onboard any
longline vessel fishing in the IATTC Convention Area. The minimum
design standards are as follows:
(i) The line clipper must have a protected cutting blade. The
cutting blade must be curved, recessed, contained in a holder, or
otherwise afforded some protection to minimize direct contact of the
cutting surface with animals or users of the cutting blade.
(ii) The cutting blade edge must be capable of cutting 2.0-2.1 mm
monofilament line and nylon or polypropylene multi-strand material
commonly known as braided mainline or tarred mainline.
(iii) The line clipper must have an extended reach handle or pole
of at least 6 ft (1.82 m) for the cutting blade.
(iv) The cutting blade must be securely fastened to the extended
reach handle or pole to ensure effective deployment and use.
(2) [Reserved]
(n) Prohibition on shark finning. Vessel owners and operators must
comply with regulations governing the harvest, possession, landing,
purchase, and sale of shark fins found at part 600, subpart N of this
title.
[FR Doc. 2024-08702 Filed 4-24-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 25, 2024.
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.