Proposed Rule2024-15654
International Fisheries; Pacific Tuna Fisheries; Fish Aggregating Device Design and Reporting Requirements in the Eastern Pacific Ocean
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
July 19, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations under the Tuna Conventions Act of 1950 (TCA), as amended, to implement two resolutions adopted at the 101st meeting of the Inter-American Tropical Tuna Commission (IATTC) in August 2023. These resolutions include Resolution C-23-03 ("Amendment to Resolution C-99-07 on Fish Aggregating Devices") and Resolution C- 23-04 ("On the Design and Biodegradability of Drifting Fish Aggregating Devices (DFADs) in the IATTC Area of Competence"). The proposed rule would modify regulations for the design of fish aggregating devices (FADs) in the eastern Pacific Ocean (EPO) to require non-entangling and biodegradable materials. Furthermore, the proposed rule would require that data related to the recovery of FADs for the purpose of final disposal or recycling in the EPO be collected by vessel owners and operators, and submitted to the IATTC, unless that information is already collected and submitted to the IATTC by an observer.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 139 (Friday, July 19, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Proposed Rules]
[Pages 58698-58702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15654]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No 240703-0185]
RIN 0648-BM70
International Fisheries; Pacific Tuna Fisheries; Fish Aggregating
Device Design and Reporting 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.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations under the Tuna Conventions Act of
1950 (TCA), as amended, to implement two resolutions adopted at the
101st meeting of the Inter-American Tropical Tuna Commission (IATTC) in
August 2023. These resolutions include Resolution C-23-03 (``Amendment
to Resolution C-99-07 on Fish Aggregating Devices'') and Resolution C-
23-04 (``On the Design and Biodegradability of Drifting Fish
Aggregating Devices (DFADs) in the IATTC Area of Competence''). The
proposed rule would modify regulations for the design of fish
aggregating devices (FADs) in the eastern Pacific Ocean (EPO) to
require non-entangling and biodegradable materials. Furthermore, the
proposed rule would require that data related to the recovery of FADs
for the purpose of final disposal or recycling in the EPO be collected
by vessel owners and operators, and submitted to the IATTC, unless that
information is already collected and submitted to the IATTC by an
observer.
DATES: Comments on the proposed rule and supporting documents must be
submitted in writing by August 19, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2023-0147">https://www.regulations.gov/docket/NOAA-NMFS-2023-0147</a>. You may
submit comments on this document, identified by NOAA-NMFS-2023-0147, 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 enter ``NOAA-NMFS-2023-0147'' 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 Tyler Lawson, NMFS West
Coast Region Portland Office, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232. Include the identifier ``NOAA-NMFS-2023-0147'' 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 supporting documents that were prepared for this proposed
rule, including the regulatory impact review are available via the
Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, docket NOAA-
NMFS-2023-0147, or by contacting Tyler Lawson (see address above, and
other contact information in FOR FURTHER INFORMATION CONTACT).
Send comments on aspects of the collection of information to Tyler
Lawson (address above), by email to <a href="/cdn-cgi/l/email-protection#246b6d76657b775146494d57574d4b4a644b49460a414b540a434b52"><span class="__cf_email__" data-cfemail="b1fef8e3f0eee2c4d3dcd8c2c2d8dedff1dedcd39fd4dec19fd6dec7">[email protected]</span></a>, or by
fax to (202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Tyler Lawson, NMFS West Coast Region,
(503) 230-5421, <a href="/cdn-cgi/l/email-protection#3c484550594e12505d4b4f53527c52535d5d125b534a"><span class="__cf_email__" data-cfemail="2f5b56434a5d01434e585c40416f41404e4e01484059">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
under the 1949 Convention for the Establishment of an Inter-American
Tropical Tuna Commission (1949 Convention). In 2003, the IATTC updated
the 1949 Convention through the adoption of the Convention for the
Strengthening of the IATTC Established by the 1949 Convention between
the United States of America and the Republic of Costa Rica (Antigua
Convention). The Antigua Convention entered into force in 2010. The
United States acceded to the Antigua
[[Page 58699]]
Convention on February 24, 2016. The full text of the Antigua
Convention is available at: <a href="https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf">https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf</a>.
The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC facilitates scientific research, as well as
the conservation and management, of tuna and tuna-like species in the
IATTC Convention Area. The IATTC Convention Area is defined as waters
of the EPO within the area bounded by the west coast of the Americas
and by 50[deg] N latitude, 150[deg] W longitude, and 50[deg] S
latitude. The IATTC maintains a scientific research and fishery
monitoring program and regularly assesses the status of tuna, sharks,
and billfish stocks in the IATTC Convention Area to determine
appropriate catch limits and other measures deemed necessary to promote
sustainable fisheries and prevent the overexploitation of these stocks.
International Obligations of the United States Under the Antigua
Convention
As a party to the Antigua Convention and a member of the IATTC, the
United States is legally bound to implement decisions of the IATTC
under the TCA, as amended (16 U.S.C. 951 et seq.). The TCA directs the
Secretary of Commerce, in consultation with the Secretary of State and,
with respect to enforcement measures, the U.S. Coast Guard, to
promulgate such regulations as may be necessary to carry out the United
States' obligations under the Antigua Convention, including
recommendations and decisions adopted by the IATTC. The authority of
the Secretary of Commerce to promulgate such regulations has been
delegated to NMFS.
IATTC Resolutions on Fish Aggregating Devices
The 101st Meeting of the IATTC was held in Victoria, Canada, in
August 2023. At this meeting, the IATTC adopted Resolutions C-23-03 and
C-23-04.
Resolution C-23-03 amends Resolution C-99-07 and continues to
recommend that tender vessels remain prohibited, while clarifying that
vessels may engage in FAD recovery activities that are limited to the
collection of FADs for final disposal, but not for maintenance or
adjustment. If FADs are recovered for final disposal or recycling, the
resolution requires that all associated information on FAD recovery
activities be reported to the IATTC Secretariat. The resolution
encourages the initiation of recovery programs for FADs through
cooperative initiatives among fishing vessels and other vessels
implementing recovery projects in the IATTC Convention Area.
Resolution C-23-04 contains new measures regarding materials that
can be used in FADs that are deployed or redeployed in the IATTC
Convention Area. These include biodegradable and non-entangling
materials which would be phased in between 2025 and 2029. Beginning on
January 1, 2025, purse seine vessel owners and operators are required
to meet non-entangling design requirements for FADs and the use of mesh
nets will be prohibited for any part of a FAD. Resolution C-23-04
defines ``non-entangling FAD'' as ``a FAD that does not include any
netting materials for any part of the FAD including both the surface
structure (e.g., raft) and subsurface structure (e.g., tail).''
Beginning on January 1, 2026, purse seine vessel owners and operators
are required to begin using biodegradable materials in either the
surface or subsurface portion of FADs. By January 1, 2029, both the
surface and subsurface portion of the FAD must be composed of
biodegradable materials. Resolution C-23-04 defines ``biodegradable''
as ``non-synthetic materials and/or bio- based alternatives that are
consistent with international standards for materials that are
biodegradable in marine environments. The components resulting from the
degradation of these materials should not be damaging to the marine and
coastal ecosystems or include heavy metals or plastics in their
composition.''
Proposed Regulations for Fish Aggregating Devices
This proposed rule would be implemented under the TCA (16 U.S.C.
951 et seq.) and proposes changes to part 300, subpart C of title 50 of
the Code of Federal Regulations (CFR). This proposed rule would
implement provisions in Resolutions C-23-03 and C-23-04 that would: (1)
clarify that vessels may engage in the recovery of FADs for final
disposal or recycling and implement reporting requirements for
recovered FADs, while continuing to prohibit tender vessels; (2)
specify requirements for non-entangling FADs starting on January 1,
2025; and (3) specify requirements to phase in biodegradable FAD
components starting on January 1, 2026.
Recovery of FADs for Final Disposal or Recycling
The proposed rule would implement the provisions of Resolution C-
23-03 by clarifying what are considered allowable FAD recovery
activities by vessels and by implementing disposal and reporting
requirements for recovered FADs in the IATTC Convention Area.
Cooperative initiatives and recovery projects are encouraged in the
resolution; however, they are not intended to be the focus of the
proposed rule or to be a formal NMFS program. Rather, the proposed rule
is meant to clarify that vessels may volunteer to engage in recovery
activities and to describe the permissible parameters of such
activities. While tender vessels \1\ are still prohibited in the IATTC
Convention Area (see 50 CFR 300.24(c) and 50 CFR 300.25(b)), the
proposed rule would clarify that U.S. vessel owners and operators may
recover FADs, provided the recovery activities are limited to
collecting FADs for final disposal or recycling in port and do not
include any type of maintenance, adjustment, or deployment.
---------------------------------------------------------------------------
\1\ A tender vessel is ``a vessel that does not engage in purse
seine fishing but tends to FADs in support of tuna fishing
operations'' (50 CFR 300.21).
---------------------------------------------------------------------------
Tuna purse seine vessels that recover FADs are still allowed to
deploy and maintain FADs when engaged in normal fishing operations, but
other vessels engaged in FAD recovery are prohibited from deploying or
maintaining FADs. Purse seine vessels that interact with FADs must
continue to comply with the requirements in 50 CFR 300.22 (c)(1).
The proposed rule would also implement a reporting requirement for
information associated with all FADs recovered by vessel owners and
operators in the IATTC Convention Area, unless that information is
already reported by an observer. These data would be reported to the
IATTC scientific staff for analysis using a format and address provided
by NMFS. Because this information is already collected and reported to
the IATTC by observers, if a vessel has an observer onboard, FAD
recovery data would not need to be separately collected and reported by
the vessel owners and operators.
FAD Design Requirements
The proposed rule would also implement the provisions of Resolution
C-23-04 by amending regulations at 50 CFR 300.28 to require non-
entangling and biodegradable materials. Since January 1, 2019, the
IATTC and the United States have required ``less entangling'' FAD
designs which allow a raft with mesh netting, if that mesh size is less
than 7 centimeters and tightly wrapped such that no netting hangs below
the FAD when deployed (see 50 CFR 300.28(g)(1)). Additionally, existing
regulations stipulate that any netting used in the subsurface structure
of the
[[Page 58700]]
FAD must be tightly tied into bundles (i.e., sausages) or have
stretched mesh size less than 7 centimeters in a panel that is weighted
on the lower end with at least enough weight to keep the netting taut
in the water column (see 50 CFR 300.28(g)(2)).
The proposed rule would amend the existing regulations on FAD
design to prohibit the use of mesh net from any part of the FAD and
require all materials to be non-entangling beginning on January 1,
2025. A definition of ``non-entangling FAD,'' consistent with the
definition adopted by the IATTC, would be included at 50 CFR 300.21 as
follows: ``Non-entangling FAD means a FAD that does not include any
netting materials for any part of the FAD including both the surface
structure (e.g., raft) and subsurface structure (e.g., tail).''
Additionally, beginning on January 1, 2026, the proposed rule would
implement a phased approach requiring FADs to be made out of
biodegradable materials. As discussed in more detail in the next
paragraphs, purse seine vessel owners and operators would be required
to begin using biodegradable materials in either the surface or
subsurface portion of FADs beginning on January 1, 2026, and would be
required to use biodegradable materials in both the surface and
subsurface portion of the FAD beginning on January 1, 2029. A
definition of ``biodegradable,'' consistent with the definition adopted
by the IATTC, would be included at 50 CFR 300.21 as follows:
Biodegradable means non-synthetic materials and/or bio-based
alternatives that are consistent with approved international
standards for materials that are biodegradable in marine
environments. The components resulting from the degradation of these
materials should not be damaging to the marine and coastal
ecosystems or include heavy metals or plastics in their composition.
Examples of non-synthetic biodegradable materials include plant-
based materials such as cotton, jute, manila hemp (abaca), bamboo,
and natural rubber; and animal-based materials such as leather,
wool, and lard. The approved international standards are ASTM D6691,
ASTM D7881, and TUV Austria.
NMFS seeks comments on additional materials that could be
authorized as biodegradable. In the future, if the members of the IATTC
approve other standards, NMFS will revise the definition accordingly to
include them.
By January 1, 2026, the proposed rule would require all FADs
deployed or redeployed in the IATTC Convention Area to be designed and
constructed according to one of three sets of specifications. Under
option one, the surface part of the FAD must be made of fully
biodegradable materials, except for flotation components, but the
subsurface part may contain non-biodegradable materials (e.g.,
synthetic raffia, metallic frame, plastic floats, nylon ropes). Under
option two, the subsurface part of the FAD must be made of fully
biodegradable materials, but the surface part and any flotation
components may be made of non-biodegradable materials. Under option
three, the surface part, except for flotation components, and
subsurface part must both be made of fully biodegradable materials. All
three options would allow for plastic-based flotation components (e.g.,
plastic buoys, foam, purse-seine corks). The third option would allow
an exception for satellite buoys that are attached to FADs to track
them and for nylon ropes, which can be used exclusively to strengthen
the structure of the floating or underwater component of the FAD.
By January 1, 2029, the proposed rule would require all FADs
deployed or redeployed in the IATTC Convention Area to be designed and
constructed such that the surface part and subsurface part are both
made of fully biodegradable materials, except that any flotation
component on the surface part may still be made of non-biodegradable
materials. The exceptions for satellite buoys and nylon ropes discussed
in the previous paragraph would continue to apply.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the TCA and other applicable laws, subject to
further consideration after public comment.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Paperwork Reduction Act
This proposed rule contains changes to the collection of
information requirement for the purposes of the Paperwork Reduction Act
of 1995 (PRA). NMFS is amending the supporting statement for the ``West
Coast Region Pacific Tuna Fisheries Logbook, Fish Aggregating Device
Form, and Observer Safety Reporting,'' Office of Management and
Business (OMB) PRA requirements (OMB Control No. 0648-0148) to include
the data collection requirements for U.S. vessel owners and operators
to report information on recovered FADs to the IATTC if that
information is not already collected and submitted to the IATTC by an
observer onboard the vessel. Current FAD reporting requirements under
that collection of information would continue to apply.
NMFS estimates that the public reporting burden for the collection
of information for recovered FADs will average 5 minutes per form,
including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
Under existing regulations at 50 CFR 300.22(c), vessel owners and
operators that do not have an observer onboard are required to report
detailed information on any interaction or activity with a deployed
FAD, including information about the design of the FAD. NMFS estimates
that the public reporting burden for this existing collection of
information for FAD design will not change if the proposed changes to
FAD design requirements are implemented.
NMFS is requesting public comment on the addition of the FAD
recovery program data collection to the PRA package, including whether
the paperwork would unnecessarily burden any vessel owners and
operators. Public comment is sought regarding: (1) 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; (2) the accuracy of the
burden estimate; (3) ways to enhance the quality, utility, and clarity
of the information to be collected; and, (4) ways to minimize the
burden of the collection of information, including through the use of
automated collection techniques or other forms of information
technology. See ADDRESSES section above for information on where to
send comments on these or any other aspects of the collection of
information.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved NOAA
collections of information may be viewed at: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
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 (SBA) that this proposed rule, if adopted, would not
have a significant economic
[[Page 58701]]
impact on a substantial number of small entities. The rationale for the
certification is provided in the following paragraphs.
The U.S. SBA defines a ``small business'' (or ``small entity'') as
one with annual revenue that meets or is below an established size
standard. For RFA purposes only, NMFS has established a small business
size standard of $11 million in annual gross receipts for businesses,
including their affiliates, whose primary industry is commercial
fishing (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 in light of 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. purse seine vessels affected by this action
are considered large, and some are small businesses. Non-fishing
vessels may also engage in these voluntary FAD recovery activities.
NMFS is aware of one non-governmental organization engaging in this
activity in the western Pacific Ocean but is not aware of non-fishing
vessels engaged in this activity in the IATTC Convention Area. Given
the lack of information on these non-fishing vessels, NMFS is unable to
evaluate if these entities are a small or large business. NMFS plans to
reevaluate engagement of non-fishing vessels in FAD recovery programs
in the future if more data become available on these activities.
U.S. Purse Seine Vessels Fishing in the IATTC Convention Area
There are two components to the U.S. tuna purse seine fishery in
the EPO: (1) large purse seine vessels (i.e., size class 6; greater
than 363 metric tons (mt) carrying capacity) that typically are based
in the western and central Pacific Ocean (WCPO); and (2) coastal purse
seine vessels with smaller fish hold volumes (i.e., size class 2-3;
between 46 and 181 mt carrying capacity) that are based out of
California. The proposed regulations would apply only to vessels that
recover FADs in the IATTC Convention Area. To date, NMFS is only aware
of large purse seine vessels being potentially interested in engaging
in this activity in the EPO.
As of February 2024, the U.S. has 15 large purse seine vessels (all
size class 6) registered to fish in the IATTC Convention Area. These
large purse seine vessels target skipjack tuna by fishing on FADs and
also fish on unassociated sets of schooling tuna. They also catch and
retain yellowfin and bigeye tuna.
Currently, there are 15 active large U.S. purse seine vessels on
the IATTC Regional Vessel Register authorized to fish in the EPO.
Thirteen of these vessels also have Western and Central Pacific
Fisheries Commission (WCPFC) Area Endorsements. WCPFC Area Endorsements
are NMFS-issued authorizations required for a vessel to fish
commercially for highly migratory species on the high seas in the WCPFC
Convention Area as defined at 50 CFR 300.211. NMFS used cannery data
from the IATTC and Regional Purse Seine Logbook (RPL) data from Pacific
Islands Fisheries Science Center to estimate fish landings in both the
EPO and WCPO for the vessels that fished in both the IATTC and WCPFC
Convention Areas within a year.
Because neither gross receipts nor ex-vessel price information
specific to individual fishing vessels are available to NMFS, NMFS
applied regional price data--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.
Using this approach, NMFS estimates that among the affected
vessels, the range in average annual per-vessel receipts in 2021-2023
was $500,000 to $13.4 million with an average of approximately $9.5
million. Ten of the active purse seine vessels had estimated average
annual receipts of less than $11 million, and thus are considered to be
small entities. The remaining five are considered large businesses.
Economic Impacts
The expected economic effects of the proposed action are discussed
in detail in the following paragraphs.
FAD recovery: Resolution C-23-03 encourages the commencement of
recovery programs for FADs among fishing vessels and other vessels
implementing recovery projects in the IATTC Convention Area. The
proposed rule would establish reporting requirements for FAD recoveries
if they occur. Because it is not mandatory to participate in the
recovery of a FAD, any potential costs of recovering FADs are optional
for U.S. vessels. For fishing vessel owners and operators opting to
take part, the recovery operations could occur on fishing trips and
would not necessarily need to be a separate trip to recover a FAD. As
stated previously, non-fishing vessels may also engage in voluntary FAD
recovery activities, but NMFS does not have enough information on what
types of vessels may do this to include in this analysis. For vessel
owners or operators that choose to participate in the recovery of FADs,
the reporting requirements are similar to existing requirements of 50
CFR 300.22 (c) and are not expected to reduce the profitability of the
fishery.
Non-entangling and biodegradable FAD design: As described earlier
in this preamble, the use of non-entangling and biodegradable materials
would be required for FADs deployed or redeployed in the IATTC
Convention Area beginning on January 1, 2025 and on January 1, 2026,
respectively.
Given the differences in the designs and materials used by each
vessel for FADs, there is variation in costs. The availability of
supplies can also vary and can have an impact on the cost. Some owners
and operators of U.S. purse seine vessels have been experimenting with
non-entangling and biodegradable FAD designs for several years and are
already familiar with costs and construction of non-entangling and
biodegradable FADs. During the IATTC's seventh meeting of the ad hoc
working group on FADs in 2023, the IATTC scientific staff presented
data on trials of non-entangling and biodegradable FAD prototypes
paired with traditional FADs. The trials found the average catch rate
for non-entangling and biodegradable FAD prototypes were comparable to
traditional FADs, suggesting no substantial change in attracting target
stocks. Furthermore, the IATTC trials showed that the lifespan (i.e.,
the ``operational'' life) of traditional FADs and non-entangling and
biodegradable prototypes were similar. At the 2019 IATTC FAD working
group meeting, the International Seafood Sustainability Foundation
(ISSF) presented and reported that the range of costs for non-
entangling biodegradable FADs ranged from $180 to $450 depending on the
design. In comparison, ISSF reported traditional FADs currently being
used range from $250 to $900. Replacing and redeploying FADs is
considered routine by large purse seine vessels, regardless of design
type. NMFS does not expect the transition to the proposed FAD designs
to reduce profitability of the fishery.
No disproportionate impacts between small and large businesses are
expected. The proposed action to impose restrictions on FAD designs is
not
[[Page 58702]]
expected to change the fishing behavior of the U.S. fleet.
In summary, the proposed action is not expected to substantially
change the typical fishing practices of affected vessels. Any impact to
the income of U.S. vessels is expected to be minor. Therefore, NMFS has
determined that the action is not expected to have a significant
economic impact on a substantial number of small entities, or a
disproportionate economic impact on the small entities relative to the
large entities. Given these conclusions, an Initial Regulatory
Flexibility Analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: July 11, 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. Amend Sec. 300.21 by adding definitions, in alphabetical order, for
``biodegradable'' and ``non-entangling FAD'' to read as follows:
Sec. 300.21 Definitions.
* * * * *
Biodegradable means non-synthetic materials and/or bio-based
alternatives that are consistent with approved international standards
for materials that are biodegradable in marine environments. The
components resulting from the degradation of these materials should not
be damaging to the marine and coastal ecosystems or include heavy
metals or plastics in their composition. Examples of non-synthetic
materials include plant-based materials such as cotton, jute, Manila
hemp (abaca), bamboo, and natural rubber; and animal-based materials
such as leather, wool, and lard. The approved international standards
are ASTM D6691, ASTM D7881, and TUV Austria.
* * * * *
Non-entangling FAD means a FAD that does not include any netting
materials for any part of the FAD including both the surface structure
(e.g., raft) and subsurface structure (e.g., tail).
* * * * *
0
3. Amend Sec. 300.22 by adding paragraph (c)(5) to read as follows:
Sec. 300.22 Recordkeeping and reporting requirements.
* * * * *
(c) * * *
(5) Reporting on recovered FADs. U.S. vessel owners and operators
must report information on FADs that are recovered for disposal or
recycling to the IATTC, unless that information is already reported to
the IATTC by an observer. This information must be reported using a
format and address provided by the HMS Branch. The owner and operator
must ensure that the form is submitted within 30 days of each recovery
to the address specified by the HMS Branch.
* * * * *
0
4. Amend Sec. 300.24 by adding paragraphs (rr) and (ss) to read as
follows:
Sec. 300.24 Prohibitions.
* * * * *
(rr) Except for tuna purse seine vessels, when recovering FADs,
performing maintenance and adjustments on deployed FADs, or deploying a
FAD.
(ss) Deploy or redeploy a FAD in the IATTC Convention Area that
fails to comply with the FAD design requirements in Sec. 300.28(g) and
(h).
0
5. Amend Sec. 300.28 by revising the introductory text of paragraph
(f), by adding paragraph (f)(3), by revising paragraph (g), and by
adding paragraph (h) to read as follows:
Sec. 300.28 FAD restrictions.
* * * * *
(f) Restrictions on FAD deployments, removals, and recovery.
* * * * *
(3) U.S. vessel owners and operators may recover FADs for final
disposal or recycling. Recovery activities must be limited to the
collection of FADs for final disposal or recycling and may not include
any type of maintenance or adjustment on deployed FADs.
(g) Non-entangling FAD materials. Beginning January 1, 2025, U.S.
purse seine vessel owners and operators must ensure that the design and
construction of any FAD to be deployed or redeployed (i.e., placed in
the water) in the IATTC Convention Area uses only non-entangling FAD
materials.
(h) Biodegradable FAD materials. In addition to complying with the
requirement to use non-entangling materials specified in paragraph (g)
of this section, vessel owners and operators must ensure that the
design and construction of any FAD to be deployed or redeployed in the
IATTC Convention Area meets the following specifications:
(1) Beginning January 1, 2026, all FADs deployed or redeployed in
the IATTC Convention Area must be designed and constructed according to
one of the following sets of specifications:
(i) The surface part of the FAD must be made of fully biodegradable
materials, except for flotation components (e.g., plastic buoys, foam,
purse-seine corks), whereas the subsurface part of the FAD may contain
non-biodegradable materials (e.g., synthetic raffia, metallic frame,
plastic floats, nylon ropes); or
(ii) The subsurface part of the FAD must be made of fully
biodegradable materials, whereas the surface part and any flotation
components (e.g., plastic buoys, foam, purse-seine corks) of the FAD
may contain non-biodegradable materials (e.g., synthetic raffia,
metallic frame, plastic floats, nylon ropes); or
(iii) The surface part, except for flotation components (e.g.,
plastic buoys, foam, purse-seine corks), and subsurface part must be
made of fully biodegradable materials. Non-biodegradable materials, in
particular nylon ropes, can be used exclusively to strengthen the
structure of the floating or underwater component of the FAD.
(2) Beginning on January 1, 2029, all FADs deployed or redeployed
in the IATTC Convention Area must be made of fully biodegradable
materials, except for flotation components (e.g., plastic buoys, foam,
purse seine corks), which may be made of non-biodegradable material.
Non-biodegradable materials, in particular nylon ropes, can be used
exclusively to strengthen the structure of the floating or underwater
component of the FAD.
(3) Restrictions on biodegradable FAD materials set forth in
paragraphs (h)(1) and (2) of this section do not apply to satellite
buoys that are attached to FADs in order to track them.
[FR Doc. 2024-15654 Filed 7-18-24; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 19, 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.