[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Proposed Rules]
[Pages 34624-34627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16787]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 980602143-8143-01; I.D. 040197B]
RIN 0648-AI99


High Seas Fishing Compliance Act

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 issues this proposed rule to implement vessel 
identification and reporting requirements under the High Seas Fishing 
Compliance Act (HSFCA). This rule would require vessels with permits 
issued under the HSFCA to be marked for identification purposes and to 
report their catches and effort when fishing on the high seas. This 
action is necessary to comply with the HSFCA.

DATES: Comments must be received by July 27, 1998.

ADDRESSES: Send comments on the proposed rule and on the collection-of-
information requirements to Gary C.

[[Page 34625]]

Matlock, Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service, 1315 East West Highway, Silver Spring, MD 20910. 
Also send comments on the collection-of-information requirements to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget; Attention: NOAA Desk Officer, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robert A. Dickinson, (301) 713-2337.

SUPPLEMENTARY INFORMATION: The HSFCA (16 U.S.C. 5501 et seq.), among 
other things, implements the United Nations Food and Agriculture 
Organization (FAO) Agreement to Promote Compliance with International 
Conservation and Management Measures by Fishing Vessels on the High 
Seas (Agreement) and requires that U.S. vessels fishing on the high 
seas possess a permit issued under the HSFCA. As used in the HSFCA, the 
term ``high seas'' means the waters beyond the territorial sea or 
exclusive economic zone (or the equivalent) of any nation, to the 
extent that such territorial sea or exclusive economic zone (or the 
equivalent) is recognized by the United States. Additional information 
on the Agreement and the HSFCA is published at 61 FR 11751, March 22, 
1996, and 61 FR 35548, July 5, 1996.
    Regulations at 50 CFR part 300, subpart B, govern permit 
application and issuance procedures under the HSFCA. NMFS is proposing 
to amend these regulations to include provisions for vessel 
identification and reporting requirements.
    Pursuant to guidance contained in the HSFCA, NMFS is attempting to 
minimize duplication of reporting requirements and to ensure that, to 
the extent practicable, the proposed regulations are consistent with 
regulations implementing fishery management plans (FMPs) under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1801 et seq.). Additionally, NMFS proposes to 
ensure that regulations implementing HSFCA vessel identification and 
reporting requirements are, to the extent practicable, consistent with 
regulations implementing other Federal fishery management statutes 
(e.g., regulations implementing the Antarctic Marine Living Resources 
Convention Act).
    The HSFCA prescribes that licensed U.S. vessels operating on the 
high seas be marked (1) in accordance with regulations issued under the 
Magnuson-Stevens Act to implement a FMP, or (2) in accordance with the 
FAO Standard Specifications for the Marking and Identification of 
Fishing Vessels. NMFS proposes that vessels operating on the high seas 
with a permit issued under the HSFCA be considered appropriately marked 
for purposes of identification if marked in accordance with either of 
the preceding manners of marking. NMFS also proposes to consider 
vessels marked in accordance with regulations implementing other 
Federal fishery management statutes as appropriately marked for 
purposes of the HSFCA.
    The HSFCA also prescribes that permit holders be required to report 
their catches on the high seas.
    NMFS has identified three groups of vessel operators that fish, or 
have the potential to fish, on the high seas under the HSFCA. The first 
group consists of vessel operators already required to report their 
catch and effort when on the high seas based on existing reporting 
requirements in regulations under the Magnuson-Stevens Act or other 
Federal fishery management statutes. NMFS proposes to consider such 
operators in compliance with HSFCA reporting requirements if they 
continue to maintain and submit such logs as may be required by 
regulations promulgated under the Magnuson-Stevens Act or other Federal 
fishery management statutes. There will be no requirement for vessels 
already appropriately reporting their catch and effort on the high seas 
to maintain a separate high seas log.
    The second group consists of operators of vessels with HSFCA 
permits that participate in the albacore fishery of the Pacific Ocean. 
Vessel operators in this fishery have had the option of participating 
in a voluntary reporting system to record their catch and effort by 
using the ``U.S. Pacific Albacore Logbook,'' which has been available 
since 1961 through the NMFS Southwest Regional Office and the NMFS 
Southwest Fisheries Science Center. A valuable time series of data on 
the fishery has been amassed over the years. NMFS proposes that the log 
used in the voluntary reporting system be the mandatory log for 
reporting catch and effort on the high seas by all operators of HSFCA-
permitted vessels in the albacore fisheries. This action will maintain 
some continuity of the database developed under the voluntary system 
and will avoid the potential for a duplicative reporting requirement.
    The third group consists of all other operators of vessels licensed 
under the HSFCA who fish on the high seas (i.e., who will not be 
reporting their catch and effort on the high seas based on existing 
regulations or the ``U.S. Pacific Albacore Logbook''). NMFS proposes 
that these vessel operators use gear-specific logs, to be available 
from NMFS Regional Administrators, to report their catch and effort on 
the high seas. These logs will collect the basic information typically 
collected for each gear type. Logs have been prepared to record catches 
on the high seas for the following gear types: Longline/gillnet, purse 
seine, troll/pole and line, trawl, trap, mothership and ``other.'' 
Samples of the logs are available from NMFS (see ADDRESSES). The actual 
logs will be available from the Regional Administrator of the NMFS 
Regional Office from which a vessel's HSFCA permit was issued.
    NMFS also proposes to revise the existing regulations to clarify 
the conditions under which a U.S. vessel is eligible for a permit and 
the scope of permit sanction authority under the HSFCA.
    Operators of U.S. vessels fishing on the high seas are reminded of 
their responsibility under the Marine Mammal Protection Act (MMPA) (16 
U.S.C. 1361 et seq.) to report all incidental injuries and mortalities 
of marine mammals that occur as a result of commercial fishing 
operations. MMPA reporting forms and additional information about the 
MMPA can be obtained through NMFS Regional Offices.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and 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. It is estimated this action will affect approximately 5 
percent of HSFCA permit holders at a total annual cost of $7,600.00. 
Neither the agency standard for ``substantial number of small 
entities'' nor any of the agency criteria for ``significant economic 
impact'' are met. As a result, a regulatory flexibility analysis was 
not prepared.
    This rule contains two collection-of-information requirements 
subject to the Paperwork Reduction Act. These collection-of-information 
requirements have been submitted to the Office of Management and Budget 
for approval.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection-of-information subject to the requirements 
of the Paperwork

[[Page 34626]]

Reduction Act unless that collection-of-information displays a 
currently valid OMB control number.
    The first collection-of-information requirement is the vessel 
marking requirement. The burden of this collection of information is 
estimated to be about 45 minutes per year for each vessel not already 
marked for identification purposes in accordance with the implementing 
regulations of a FMP or Federal fishery management statute. The second 
collection-of-information requirement is the requirement for vessels 
not otherwise required to report high seas catches and effort to report 
such catches and effort. The burden of this collection of information 
is estimated to be an average of 3 minutes per day. Send comments 
regarding these burden estimates or any other aspect of the collection-
of-information, including suggestions for reducing this burden, to Gary 
C. Matlock, NMFS, or to the Office of Information and Regulatory 
Affairs, OMB (see ADDRESSES).
    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 has 
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.

List of Subjects in 50 CFR Part 300

    Exports, Fisheries, Marine resources, Reporting and recordkeeping 
requirements, Treaties.

    Dated: June 18, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 300 is 
proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    1. The authority citation for subpart B continues to read as 
follows:

    Authority: 16 U.S.C. 5501 et seq.

    2. In Sec. 300.13, paragraph (a)(1) introductory text is revised to 
read as follows:


Sec. 300.13  Vessel permits.

    (a) * * *
    (1) Any high seas fishing vessel of the United States is eligible 
to receive a permit under this subpart, unless the vessel was 
previously authorized to be used for fishing on the high seas by a 
foreign nation, and --
* * * * *
    3. In Sec. 300.14, the section heading is revised, and text is 
added to read as follows:


Sec. 300.14  Vessel identification.

    (a) General. A vessel permitted under this subpart must be marked 
for identification purposes in accordance with this section.
    (b) Marking. Vessels must be marked either:
    (1) In accordance with vessel identification requirements specified 
in Federal fishery regulations issued under the Magnuson-Stevens Act or 
under other Federal fishery management statutes; or
    (2) In accordance with the following identification requirements:
    (i) A vessel must be marked with its IRCS, or, if not assigned an 
IRCS, must be marked (in order of priority) with its Federal, state, or 
other documentation number appearing on its high seas fishing permit;
    (ii) The markings must be displayed at all times on the vessel's 
side or superstructure, port and starboard, as well as on a deck;
    (iii) The markings must be placed so that they do not extend below 
the waterline, are not obscured by fishing gear, whether stowed or in 
use, and are clear of flow from scuppers or overboard discharges that 
might damage or discolor the markings;
    (iv) Block lettering and numbering must be used;
    (v) The height of the letters and numbers must be in proportion to 
the size of the vessel as follows: for vessels 25 meters (m) and over 
in length, the height of letters and numbers must be not less than 1.0 
m; for vessels 20 m but less than 25 m in length, the height of letters 
and numbers must be not less than 0.8 m; for vessels 15 m but less than 
20 m in length, the height of letters and numbers must be not less than 
0.6 m; for vessels 12 m but less than 15 m in length, the height of 
letters and numbers must be not less than 0.4 m; for vessels 5 m but 
less than 12 m in length, the height of letters and numbers must be not 
less than 0.3 m; and for vessels under 5 m in length, the height of 
letters and numbers must be not less than 0.1 m;
    (vi) The height of the letters and numbers to be placed on decks 
must be not less than 0.3 m;
    (vii) The length of the hyphen(s), if any, must be half the height 
(h) of the letters and numbers;
    (viii) The width of the stroke for all letters, numbers and hyphens 
must be h/6;
    (ix) The space between letters and/or numbers must not exceed h/4 
nor be less than h/6;
    (x) The space between adjacent letters having sloping sides must 
not exceed h/8 nor be less than h/10;
    (xi) The marks must be white on a black background, or black on a 
white background;
    (xii) The background must extend to provide a border around the 
mark of not less than h/6; and
    (xiii) The marks and the background must be maintained in good 
condition at all times.
    4. In Sec. 300.15, paragraph (c) is added to read as follows:


Sec. 300.15  Prohibitions.

* * * * *
    (c) Use a high seas fishing vessel on the high seas that is not 
marked in accordance with section 300.14.
    5. In Sec. 300.16, the section is revised to read as follows:


Sec. 300.16  Penalties.

    (a) Any person, any high seas fishing vessel, the owner or operator 
of such vessel, or any person who has been issued or has applied for a 
permit, found to be in violation of the Act, this subpart, or any 
permit issued under this subpart will be subject to the civil and 
criminal penalty provisions, permit sanctions, and forfeiture 
provisions prescribed by the Act, 15 CFR part 904 (Civil Procedures), 
and other applicable laws.
    (b) Permits under this subpart may be subject to permit sanctions 
prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other 
applicable laws if any amount in settlement of a civil forfeiture 
imposed on a high seas fishing vessel or other property, or any civil 
penalty or criminal fine imposed on a high seas fishing vessel or on an 
owner or operator of such a vessel or on any other person who has been 
issued or has applied for a permit under any fishery resource statute 
enforced by the Secretary, has not been paid and is overdue.
    6. In Sec. 300.17, the section heading is revised, and text is 
added to read as follows:


Sec. 300.17  Reporting.

    (a) General. The operator of any vessel permitted under this 
subpart must report high seas catch and effort information to the NMFS 
in a manner set by this section. Reports must include: identification 
information for vessel and operator; operator signature;

[[Page 34627]]

crew size; whether an observer is aboard; target species; gear used; 
dates, times, locations, and conditions under which fishing was 
conducted; species and amounts of fish retained and discarded; and 
details of any interactions with sea turtles or birds.
    (b) Reporting options. (1) For the following fisheries, a permit 
holder must maintain and submit the listed reporting forms to the 
appropriate address and in accordance with the time limits required by 
the relevant regulations:
    (i) Antarctic--CCAMLR Logbook (50 CFR 300.107);
    (ii) Atlantic--Fishing Vessel Log Reports (50 CFR 648.7(b));
    (iii) Atlantic Pelagic Longline--Longline Logbook (50 CFR 630.5);
    (iv) Atlantic Purse Seine--Purse Seine Logbook (50 CFR 285.54);
    (v) Pacific Pelagic Longline--Longline Logbook (50 CFR 660.14(a));
    (vi) Eastern Pacific Purse Seine--IATTC Logbook (50 CFR 300.22); or
    (vii) Western Pacific Purse Seine--South Pacific Tuna Treaty 
Logbook (50 CFR 300.34).
    (2) For the albacore troll fisheries in the North and South 
Pacific, a permit holder must report high seas catch and effort by 
maintaining and submitting the log provided by the Regional 
Administrator, Southwest Region, NMFS.
    (3) For other fisheries, a permit holder must report high seas 
catch and effort by maintaining and submitting records, specific to the 
fishing gear being used, on forms provided by the Regional 
Administrator of the NMFS Region which issued the permit holder's HSFCA 
permit.
    (c) Confidentiality of statistics. Information submitted pursuant 
to this subpart will be treated in accordance with the provisions of 50 
CFR part 600 of this title.
[FR Doc. 98-16787 Filed 6-24-98; 8:45 am]
BILLING CODE 3510-22-F