[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Rules and Regulations]
[Pages 13-16]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34738]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 980602143-8309-02; I.D. 040197B]
RIN 0648-AI99


High Seas Fishing Compliance Act; Vessel Identification and 
Reporting Requirements; OMB Control Numbers

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement vessel identification 
and reporting requirements under the High Seas Fishing Compliance Act 
(HSFCA). This rule requires vessels possessing 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: Effective February 3, 1999.

ADDRESSES: Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 
01930-2298; Southeast Region, NMFS, 9721 Executive Center Drive, N., 
St. Petersburg, FL 33702; Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213; Northwest Region, NMFS, 7600 
Sand Point Way, NE., BIN C15700, Bldg. 1, Seattle, WA 98115; Alaska 
Region, NMFS, 709 West Ninth Street, Suite 401, P.O. Box 21668, Juneau, 
AK 99802.

FOR FURTHER INFORMATION CONTACT: Robert A. Dickinson, (301) 713-2276.

SUPPLEMENTARY INFORMATION: The HSFCA (16 U.S.C. 5501 et seq.) 
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). 
The HSFCA requires U.S. vessels fishing on the high seas to 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

[[Page 14]]

FR 35548, July 5, 1996. Regulations at 50 CFR part 300, subpart B 
govern permit application and issuance procedures under the HSFCA.
    The HSFCA also prescribes that licensed U.S. vessels operating on 
the high seas be marked for identification purposes and report their 
catches on the high seas. A proposed rule to implement vessel 
identification and reporting requirements was published at 63 FR 34624, 
June 25, 1998. The proposed rule requested public comments. No comments 
were received.
    NMFS has endeavored to minimize duplication of reporting 
requirements and to ensure that, to the extent practicable, the 
regulations issued by this action 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.) and regulations implementing other Federal fishery 
management statutes (e.g., regulations implementing the Antarctic 
Marine Living Resources Convention Act).
    NMFS proposed to implement vessel identification requirements under 
the HSFCA by considering licensed vessels that are already marked 
according to regulations implementing Federal fishery statutes as being 
appropriately marked for purposes of the HSFCA. For vessels not so 
marked, NMFS proposed to specify identification requirements for 
licensed vessels based on the FAO Standard Specifications for the 
Marking and Identification of Fishing Vessels. The proposed vessel 
identification regulations are adopted as final without change.
    NMFS proposed to implement vessel reporting requirements under the 
HSFCA by considering vessel operators already reporting high seas catch 
and effort in conformity with regulations implementing Federal fishery 
statutes as meeting HSFCA reporting requirements. It was proposed that 
vessel operators not already so reporting be required to meet HSFCA 
reporting requirements by completing gear-specific logs, to be 
available from NMFS Regional Administrators (see ADDRESSES), except 
that vessel operators in the albacore fishery of the Pacific Ocean 
would meet their HSFCA reporting requirements by completing the ``U.S. 
Pacific Albacore Logbook,'' to be available from the NMFS Southwest 
Regional Administrator (see ADDRESSES). The proposed vessel reporting 
regulations are adopted as final without change.
    Sources for listed reporting forms for specified fisheries may be 
found in the applicable implementing regulations; the ``U.S. Pacific 
Albacore Logbook'' may be obtained from the NMFS Southwest Region (see 
ADDRESSES); gear-specific log forms (consisting of forms for the 
following gear types: Longline/gillnet, purse seine, troll/pole and 
line, trawl, trap, mothership and ``other'') may be obtained from the 
NMFS Regional Office (see ADDRESSES) from which a vessel's HSFCA permit 
was issued.
    NMFS also proposed 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. The proposed 
revisions regarding permit eligibility and sanction authority are 
adopted as final without change.
    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 (see ADDRESSES).
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated to 
the Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    This final 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 when this rule was proposed that it 
would not have a significant economic impact on a substantial number of 
small entities. No comments were received regarding this certification. 
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 approved by the Office of Management and Budget 
(OMB). The first collection-of-information requirement pertains to 
vessel identification requirements for vessels not already marked for 
identification purposes in accordance with the implementing regulations 
of a FMP or Federal fishery management statute. The collection of this 
information has been approved under OMB control number 0648-0348. The 
second collection-of-information requirement pertains to reporting of 
catch and effort by those vessels not otherwise required to report high 
seas catches and effort. The collection of this information has been 
approved under OMB control number 0648-0349.
    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 Reduction Act unless that collection-of-information 
displays a currently valid OMB control number.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

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

    Dated: December 24, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 15 CFR Chapter IX and 50 
CFR Chapter III are amended as follows:

15 CFR Chapter IX

PART 902-- NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table is amended by adding in 
the left column under 50 CFR, in numerical order, ``300.14'' and 
``300.17'', and in the right column, in corresponding positions, the 
control numbers ``-0348'' and ``-0349'', as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

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                                             Current OMB control number
 CFR part or section where the information  (All numbers begin with 0648-
     collection requirement is located                    )
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50 CFR
 

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                  *        *        *        *        *
300.14                                      -0348
300.17                                      -0349
 
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50 CFR Chapter III

PART 300--INTERNATIONAL FISHERIES REGULATIONS

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

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

    4. In Sec. 300.13, (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 --
* * * * *
    5. 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 no less than 1.0 
m; for vessels 20 m but less than 25 m in length, the height of letters 
and numbers must be no less than 0.8 m; for vessels 15 m but less than 
20 m in length, the height of letters and numbers must be no less than 
0.6 m; for vessels 12 m but less than 15 m in length, the height of 
letters and numbers must be no less than 0.4 m; for vessels 5 m but 
less than 12 m in length, the height of letters and numbers must be no 
less than 0.3 m; and for vessels under 5 m in length, the height of 
letters and numbers must be no less than 0.1 m;
    (vi) The height of the letters and numbers to be placed on decks 
must be no 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 no less than h/6; and
    (xiii) The marks and the background must be maintained in good 
condition at all times.
    6. 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 Sec. 300.14.
    7. Section 300.16 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.
    8. 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 NMFS in a 
manner set by this section. Reports must include: identification 
information for vessel and operator; operator signature; 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.

[[Page 16]]

    (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. 98-34738 Filed 12-31-98; 8:45 am]
BILLING CODE 3510-22-F