[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Rules and Regulations]
[Pages 31531-31536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12517]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300 and 600

[Docket No. 040423129-4165-02; I.D. 041404D]
RIN 0648-AQ22


International Fisheries Regulations; Pacific Tuna Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement the 1981 Treaty Between 
the Government of the United States of America and the Government of 
Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges 
(Treaty) as authorized by recently passed legislation. This final rule 
establishes vessel marking, record keeping, and reporting requirements 
for U.S. albacore tuna fishing vessel operators and vessel marking and 
reporting requirements for Canadian albacore tuna fishing vessel 
operators fishing under the Treaty. The intended effect of this final 
rule is to allow the United States to carry out its obligations under 
the Treaty by limiting fishing by both U.S. and Canadian vessels as 
provided for in the Treaty.

DATES: Effective June 1, 2004.

ADDRESSES: Copies of the environmental assessment/regulatory impact 
review/final regulatory flexibility analysis (EA/RIR/FRFA) are 
available from Svein Fougner at the NMFS address. Comments regarding 
the burden-hour estimates or other aspects of the collection-of-
information requirements contained in this final rule may be submitted 
in writing to Svein Fougner, Assistant Administrator for Sustainable 
Fisheries, NMFS, Southwest Region and to David Rostker, OMB, by e-mail 
at [email protected], or by facsimile (Fax) to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Svein Fougner, Sustainable Fisheries 
Division, Southwest Region, NMFS, 562-980-4030; fax: 562-980-4047; and 
email: [email protected].

SUPPLEMENTARY INFORMATION: The Treaty, as amended in 2002, establishes 
a number of obligations of the Parties (the United States and Canada) 
to control reciprocal fishing in the waters of one Party by vessels of 
the other Party as well as reciprocal port privileges. The proposed 
rule (69 FR 23715, April 30, 2004) provided substantial information on 
the history of the Treaty and that information will not be repeated 
here. The Treaty permits fishing vessels of one Party to fish for 
albacore tuna in waters under the fisheries jurisdiction of the other 
Party seaward of 12 nautical miles from the baseline from which the 
territorial sea is measured (hereafter generally referred to as 
``waters''). The Treaty originally allowed for unlimited fishing for 
albacore tuna by vessels of each Party in waters of the other Party. In 
response to U.S. industry concerns about the increase in fishing effort 
by Canadian vessels in U.S. waters beginning in 1998, the Departments 
of State (DOS), supported by the National Marine Fisheries Service, 
initiated technical discussions which led to negotiations with Canada 
and ultimately agreement to amend the Treaty to establish controls over 
reciprocal fishing. Agreement to amend the Treaty was reached on April 
24, 2002. The U.S. Senate has given its advice and consent to the 
Treaty amendments, and Congress enacted H.R. 2584 (Public Law 108-219) 
on March 29, 2004, to authorize the Secretary of Commerce to issue 
regulations to implement the amended Treaty. The President signed H.R. 
2584 into law on April 13, 2004.
    The amendment to Article 1 (b) of the Treaty allows for the United 
States and Canada to establish a mutually agreed upon fisheries 
limitation regime applicable to each Party's vessels fishing for 
albacore in the other Party's waters. Pursuant to that provision, the 
United States and Canada agreed to an initial 3-year regime that 
reduces reciprocal fishing effort each year until a level is reached in 
year three that is slightly above the pre-1998 average. Annex C of the 
Treaty also provides for a further reduced level of fishing after the 
3-year period if the Parties are not able to reach agreement on a 
subsequent regime.
    The specific actions that are called for under the Treaty and being 
implemented through this final rule are:

Vessel Lists

    As under the original Treaty, the United States and Canada will 
annually exchange lists of fishing vessels which may fish for albacore 
tuna in each other's waters under the Treaty.

Vessel Marking

    U.S. and Canadian vessels must have their name and vessel 
identification marking prominently displayed where they will be clearly 
visible both from the air and from a surface vessel.

Hail-in and Hail-out

    The operators of U.S. and Canadian albacore fishing vessels must 
report to designated reporting offices at least 24 hours prior to 
entering the waters of the other nation to fish under the Treaty.

Recordkeeping

    Operators of U.S. and Canadian vessels must keep accurate logbook 
records of catch and effort while fishing under the Treaty and must 
submit those logbooks to their respective fishery agencies.

Information Exchange

    The United States and Canada will annually monitor the amount of 
fishing and the weight of albacore tuna caught by their respective 
vessels in waters under the fisheries jurisdiction of the other Party, 
and will annually exchange this information.

Annual Treaty Consultations

    The United States and Canada will consult annually to review the 
information exchanged on the albacore tuna fisheries; on their 
respective conservation and management measures for albacore tuna; and 
on implementation of internationally agreed conservation and management 
measures applicable to the Parties related to fisheries covered under 
the Treaty.

[[Page 31532]]

Notification of Management Laws and Regulations

    The United States and Canada will notify one another of the 
conservation and management laws and regulations applicable to vessels 
fishing in each other's waters.

Limitation of Fishing Effort

    Annex C of the Treaty established a 3-year regime which limits the 
level of fishing that vessels of one Party can conduct in fishing for 
albacore tuna in the other Party's waters, beginning on June 1 of the 
first year of implementation of the limitation program. The limit can 
be exercised in terms of either the maximum number of vessels that can 
fish under the Treaty for up to 4 months each in a year; or the maximum 
number of fishing months that vessels can conduct in a year without a 
limit on the number of vessels that can participate in the year (i.e., 
vessel fishing months). The United States will administer the effort 
limit in terms of vessel fishing months. This is administratively the 
simplest approach and provides maximum flexibility to U.S. vessels to 
engage in fishing in Canadian waters if the fish are there. During the 
first year, the limit on fishing by U.S. vessels in Canadian waters 
will be 680 vessel fishing months; during the second year, the limit 
will be 560 vessel fishing months; and during the third year, the limit 
will be 500 vessel fishing months. There is provision for a ``carry 
over'' of unused fishing in a subsequent year.
    The Treaty does not affect rights of U.S. vessels, including 
fishing vessels, to transit Canadian waters. However, Canadian hail-in 
requirements will continue to apply to transiting vessels, and with 
respect to albacore fishing vessels, fishing gear must be stowed in an 
unfishable condition to prevent the vessel from being considered to be 
``fishing'' under the Treaty.

Extension or Adjustment of Fishing Limits

    Prior to the expiration of this 3-year effort limitation program, 
the United States and Canada will consult to consider a new limitation 
program or extension of this program for 1 or more years.
    The intent of this program is to ensure that neither Party receives 
disproportionate benefits from the fishing opportunities provided by 
the Treaty and that neither Party's fishermen will be disadvantaged 
relative to the other Party's fishermen under the Treaty.
    To carry out this agreement, NMFS establishes the following 
requirements for U.S. albacore fishing vessel owners and operators:
    1. Vessel List. The owner of any albacore fishing vessel who wants 
that vessel to be on the list of U.S. vessels eligible to fish for 
albacore tuna in Canadian waters under the Treaty must provide to NMFS 
the vessel name, the vessel registration number (U.S. Coast Guard 
documentation number or, if not documented, the state registration 
number), the home port, and the captain or operator's name. A vessel is 
not eligible to fish for albacore tuna in Canadian waters if it is not 
on the U.S. vessel list for at least 7 days prior to engaging in 
fishing for albacore tuna in Canadian waters. Each list is only valid 
for a single calendar year.
    2. Vessel Marking. A U.S. vessel eligible to fish for albacore tuna 
in Canadian waters must be marked with the name and vessel 
identification marking prominently displayed where they will be clearly 
visible both from the air and from a surface vessel. The letter ``U'' 
must be painted or otherwise securely affixed to the vessel and be 
positioned at the end of each appearance on the vessel of its U.S. 
Coast Guard Documentation number (or if not documented, the state 
registration number) in the same height and size as the numerals. 
Regulations at 50 CFR 660.704 implementing the Fishery Management Plan 
for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) 
establish vessel marking size requirements relative to the size of the 
vessel involved; the U would be the same size as the numerals for each 
vessel under those regulations.
    3. Logbook Reports. The owner of a U.S. albacore fishing vessel is 
responsible for ensuring that a logbook of catch and effort covering 
fishing under the Treaty is maintained and submitted to the Southwest 
Region, NMFS, within 15 days of the end of the trip if the vessel re-
enters U.S. waters or enters the Canadian territorial sea or other 
Canadian waters in which fishing is not permitted or a Canadian port 
having notified NMFS of its intent to stop fishing; or within 7 days of 
landing fish if the vessel entered the high seas after exiting the 
Canadian exclusive economic zone (EEZ). NMFS will provide the logbook 
form upon being advised of the owner's request to be placed on the list 
of eligible vessels as described above.
    4. Hail-in/Hail-out Reports. The operator of a U.S. vessel eligible 
to fish for albacore tuna in Canadian waters must report to an office 
designated by NMFS at least 24 hours prior to entering Canadian waters 
to fish under the Treaty and at least 24 hours prior to returning to 
U.S. waters or exiting Canadian waters and entering the high seas. NMFS 
has contracted for a call-in system to support U.S. reporting 
requirements. Reports will be acceptable through single sideband radio, 
landline and cell telephone, fax, and email. NMFS will provide detailed 
information to U.S. vessel operators of the appropriate times for 
reporting and the contractor contact points (phone numbers, radio 
frequencies, and email addresses) to all owners or operators identified 
on the list of eligible vessels.
    NMFS and the U.S. Coast Guard will use all available means to 
inform fishers of closures of the fishery in Canadian waters in a 
timely manner. This will include use of Notice to Mariners, a hotline 
on current information relative to fishing limits, fax notices, and 
internet and web page notices. A closure notice also will be published 
in the Federal Register. Other means may be developed with the industry 
in the future.
    This final rule also adds a new Sec.  600.530 to the foreign 
fishing regulations at 50 CFR part 600 subpart F. This will reinforce 
Canadian regulations to govern the activity of Canadian vessels and 
ensure adequate ability to enforce the regulations and prosecute 
violations. In this context, it should be noted that Public Law 108-219 
authorizes fishing by vessels from Canada in waters under the fisheries 
jurisdiction of the United Statesmore than 12 nautical miles from the 
baseline from which the territorial sea is measured, notwithstanding 
the prohibitions at 50 CFR part 600, subpart F.
    The DOS has concurred with issuance of this final rule, as required 
by Public Law 108-219.

Changes From the Proposed Rule

    Three changes were made from the proposed rule. In Sec.  300.175, 
the language is clarified to require that U.S. vessels planning to fish 
in waters under Canadian jurisdiction must file a hail-in report to the 
Reporting Office at least 24 hours prior to engaging in fishing in such 
waters. Similarly, in Sec.  600.530(e) and (f) Canadian vessels must 
file reports 24 hours prior to their entry and exit from the U.S. EEZ. 
These changes make this final rule consistent with the Canadian 
regulations. A time frame was not specified in the proposed rule.
    This final rule adds a new Sec.  600.525 to part 600, subpart F, to 
clarify that fishing by vessels of Canada is regulated only under 
Sec. Sec.  600.525 and 600.530 and not by the other sections of subpart 
F. This makes clear that the reporting and recordkeeping requirements 
and other

[[Page 31533]]

provisions of subpart F do not apply to Canadian vessels fishing under 
the Treaty. The proposed rule had been unclear on this point.

Comments and Responses

    Comment: NMFS received one set of comments on the proposed rule. 
Those comments criticized NMFS for allowing profiteering and rapacious 
fishermen to destroy U.S. fishery resources; and proposed that no 
Canadian fishing be allowed in U.S. waters nor U.S. fishing in Canadian 
waters; that the fisheries be reduced by 50 percent this year and 10 
percent each year thereafter; that the allowed levels of fishing are 
far too high; that marine protected areas be established; and that the 
logbook requirement is a joke because there is no enforcement. No other 
comments were received.
    Response: None of the comments specifically addressed the actions 
addressed by this rule, and no changes have been made in this final 
rule as a result of the comments. The United States is obliged to allow 
fishing by Canadian vessels consistent with the Treaty.

Classification

    NMFS prepared a FRFA that describes the economic impact this final 
rule will have on small entities. The FRFA is available from NMFS (see 
ADDRESSES). A summary of the FRFA follows.
    This final rule is not expected to have significant effects on U.S. 
vessels that are active in the troll albacore fishery off the West 
Coast and on the high seas, all of which are considered small entities. 
About 800 vessels made landings of albacore into U.S. ports or 
transshipped albacore to foreign ports in 2003, with a total estimated 
catch of just under 15,000 metric tons (mt). Average annual U.S. 
albacore catches have been about 12,000 mt for the past 10 years. The 
amount of fishing in Canadian waters has been quite low; NMFS estimates 
that between 1 and 2 percent of total U.S. fishing effort (estimated at 
about 25,000 days per year) has been conducted in Canadian waters 
thepast 10 years. The Treaty limitations are not expected to affect 
either the amount of fishing by U.S. vessels or their albacore catches 
in future years off the West Coast, in Canadian waters, or on the high 
seas. There are no catch limits under the Treaty or these implementing 
regulations. If Canadian fishing in U.S. waters declines through the 
effort limitation regime, there maybe less competition on fishing 
grounds in U.S. waters, but it does not appear (though it is not 
certain) that there would be any effects on U.S. vessels' effort or 
catches or on subsequent revenues and profits in the fishery.
    The principal impacts of this final rule are reporting burdens (see 
following discussion of Paperwork Reduction Act burdens). Those owners 
who choose to have their vessels participate in fishing in Canadian 
waters under the Treaty would incur the costs associated with having 
the vessel name placed on the U.S. vessel list provided to Canada; 
reporting to NOAA Fisheries designated offices prior to entering 
Canadian waters to fish and prior to exiting Canadian waters; 
maintaining and submitting a logbook report on fishing in Canadian 
waters; and marking the vessels in accordance with the requirements. 
The total annual cost of these actions is estimated to be less than 
$100 per vessel owner. In any year, it is likely that U.S. vessels' 
fishing in Canadian waters will be far below the U.S. limit (average of 
580 vessel months per year for the first 3 years) as albacore migrate 
into Canadian waters in relatively few years and for only a short time 
(less than two months) in those years.
    The effect of this final rule is distinguished from the likely 
impacts of the fishing limits under the Treaty. That is, under these 
limits, there will be lower risk of levels of Canadian fishing in U.S. 
waters at levels that would create problems for U.S. vessels, such as 
crowding on the grounds or preemption of catch. Thus, the Treaty limits 
may have beneficial impacts on U.S. vessels' catch per unit effort, 
total catch and total revenue in the future, all other things being 
equal. In turn, it is conceivable that failure to implement this final 
rule would result in further delay in implementing the Treaty fishing 
limits such that U.S. vessel owners would be disadvantaged by unlimited 
Canadian fishing in U.S. waters. Under those circumstances, however, 
there would likely be pressure to terminate the Treaty and foreclose 
the future option of U.S. fishing in Canadian waters to ensure that 
there would not beunlimited Canadian fishing in U.S. waters. This final 
rule is not expected to result in any increase or decrease in average 
fishing time, catch per unit effort, total catch and revenue, or costs 
other than the administrative costs identified above. Thus, there will 
be very little impact (if any) on profits of the vessel owners involved 
from this final rule.
    NMFS considered a number of alternatives to the specific actions 
related to vessel lists, vessel identification and marking, hail-in and 
hail-out reports, and logbooks. The differences between those options 
were relatively slight and the economic impacts were small. The 
requirements selected were felt to best balance between the need for 
good information to carry out U.S. obligations and the need to minimize 
the burden on U.S. and Canadian vessel operators and owners. With 
respect to the reciprocal fishing limit, however, there were 
substantially different choices and NMFS considered the following 
alternatives to the proposed approach: (a) to establish a U.S. limited 
entry program by which to carry out the U.S. effort limitation regime 
using ``vessel years'' as the operating limit; and (b) to establish 
monthly effort limits (i.e., one-fifth of the annual limit each month 
in the months of June through October each year) to implement the 
effort limitation regime on a vessel month basis.
    The former would be administratively more complex than the proposed 
approach. It would require establishing either a lottery by which 
eligible vessels might be selected or criteria (e.g., prior 
participation) by which the requisite number of vessels would be 
identified as being eligible to fish in the year; issuing specific 
licenses or permits for fishing under the Treaty to those vessels; and 
then evaluating the effects and effectiveness of the program and 
possibly refining it the next year.
    The latter would also be more complex and less flexible than the 
proposed approach. It could support enforcement of the program by 
ensuring that there would not be an excessive flood of vessels into 
Canadian waters in any one month. However, it also would increase the 
potential that the U.S. would not be able to carry out as much fishing 
as legally permitted under the Treaty, since unused vessel months in 
one month would not carry over to the following month (which is the 
practical effect of the proposed approach).
    Thus the proposed action was chosen for administrative ease, 
maximum flexibility to the fleet, and ability to enforce and administer 
at relatively low cost.
    Neither of the alternatives (nor this final rule) would be likely 
to substantially affect the fishing effort and catch and revenue of the 
U.S. albacore fishery. As noted above, U.S. vessels have not fished 
extensively in Canadian waters for many years, and the U.S. fleet is 
not expected to fish at levels permitted under the Treaty. Thus, the 
form of the limitation used should not result in changes in fishing 
effort, catches or revenue.
    This final rule establishes reporting burdens subject to the 
Paperwork Reduction Act (PRA). The vessel

[[Page 31534]]

marking requirement consists of adding the letter ``U'' after the 
vessel marking number required under regulations at 50 CFR 660.704 if 
the vessel enters Canadian waters. This is estimated to take 5 minutes 
per vessel.
    It is expected that all of the U.S. vessels that would fish under 
the Treaty are subject to the HMS FMP and/or the High Seas Fishing 
Compliance Act, both of which require vessel marking, and the added 
cost (adding the letter U) under this final rule is minimal. Given the 
limits of the amended Treaty, the maximum number of times the added 
burden would occur in the 3-year period is 1,740 vessel crossings, or 
580 per year, with a burden of 48.33 hours annualized.
    This final rule requires that vessel owners or operators take 
action each year to be sure that their vessels are on the list of 
vessels eligible to fish in Canadian waters under the Treaty. This can 
be done with a 5 minute phone call. Although it is highly unlikely, it 
is assumed for estimating the reporting burden that 700 vessels will 
get on the list (this is about 90 percent of the number of vessels that 
actually landed albacore into a West Coast port in 2003); under this 
assumption, the total fleet burden is 58.33 hours. It should be noted 
that there is no cost to get on the list; therefore, it is expected 
that many will choose to get on the list just in case an opportunity to 
fish in Canadian waters arises during the year. This final rule also 
requires U.S. vessels to report border crossings to and from Canadian 
waters. Assuming a round trip for the maximum of 580 vessels (assuming 
that every vessel fishes only 1 month toward the U.S. limit), and with 
each call taking an average of 5 minutes, this imposes a burden of 
96.67 hours. Finally, this final rule imposes a logbook reporting 
requirement for U.S. vessels fishing under the Treaty in Canadian 
waters. Under the limits of the Treaty, U.S. vessels will be limited to 
an average of no more than 580 vessel months per year (over 3 years).
    Assuming full fishing each month (i.e., up to 30 days per month) 
and 1 logbook page per day (at 5 minutes per page), the reporting 
burden will be 2.5 hours per vessel per month or a fleet total of 1,450 
hours per year. It is estimated that 50 percent of these vessels 
already participate in a voluntary albacore fishery logbook program, so 
the net new burden for which PRA approval has been requested is 725 
hours.
    Most years there will be much less fishing under the Treaty than 
the level on which this estimate is based. However, assuming full 
participation, the total new reporting burden for the fleet is 928.33 
hours per year for the first 3 year period of fishing limits. There are 
no significant capital or equipment costs associated with this 
reporting burden. NMFS is working with the albacore fishery to evaluate 
the potential of electronic recordkeeping and reporting for this 
fishery. This could reduce the collection burden in the future. An 
emergency PRA clearance request was approved by the Office of 
Management and Budget (OMB) so this final rule could be published by 
the target effective date.
    Public comment is sought regarding whether these proposed 
collections of information are 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 information 
technology. Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to, Svein Fougner, Assistant 
Administrator for Sustainable Fisheries, NMFS, Southwest Region (SEE 
ADDRESSES) and by e-mail to [email protected], or facsimile 
(fax) to202-395-7285.
    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 
requirement of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Administrative Procedure Act

    The Assistant Administrator for Fisheries finds good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of this 
final rule. This final rule must be made effective by June 1, 2004 (the 
start of the Pacific albacore tuna fishing year), as the Parties to the 
Treaty agreed to implement the Amended Treaty by that date. The 
legislation (H.R. 2584)ratifying the Amended Treaty was signed into law 
on April 13, 2004. NMFS published a proposed rule to implement the 
Amended Treaty in the Federal Register on April 30, 2004. As the 
comment period for the rule ended on May 17, 2004, NMFS has 
insufficient time to provide 30 days to delay the effectiveness of this 
rule prior to June 1, 2004. Failure to have the rule in effect that 
date would mean that the U.S. and Canada could not exchange diplomatic 
notes confirming that all administrative steps for Treaty 
implementation had been taken. Failure to do so would delay for another 
full fishing year (i.e., until 2005) the implementation of the 
reciprocal fishing limit regime that is very important to the U.S. 
albacore fishing fleet. The Parties agreed that the Treaty would not go 
into effect during the fishing year (i.e., after June 1). Without this 
limitation program, Canadian vessels could once again fish without 
limits in U.S. waters to the likely disadvantage of U.S. vessels. The 
limitation regime is intended to allow a fair opportunity for each 
nation's vessels to participate in fishing on the common stock, but 
Canadian fishing vessels have enjoyed much greater benefit under the 
Treaty than U.S. vessels in recent years. NOAA has prepared an 
information package for almost 1,100 U.S. vessel owners and operators 
about the new restrictions imposed by this final rule and the proposed 
rule was posted on the internet and sent to industry advisors for 
distribution to fishers. No U.S. vessel is expected to fish under the 
Treaty in the first several weeks after June 1, 2004, providing 
additional time to distribute this information to the industry. NOAA 
has been advised that Canadian vessel owners and operators have also 
been informed that the requirement to report prior to border crossings 
will be a condition of their licenses to fish in U.S. waters.

List of Subjects

50 CFR Part 300
    Fisheries, High seas fishing, International agreements, Permits, 
Reporting and recordkeeping requirements.
50 CFR Part 600
    Administrative practice and procedure, Confidential business 
information, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics.

    Dated: May 27, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 300 is amended as 
follows:

[[Page 31535]]

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. A new Subpart L is added to read as follows:

Subpart L--Pacific Albacore Tuna Fisheries

Sec.
300.170 Purpose and scope.
300.171 Definitions.
300.172 Vessel list.
300.173 Vessel identification.
300.174 Logbook reports.
300.175 Hail-in and hail-out reports.
300.176 Prohibitions.

    Authority: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C. 
1821 note).

Subpart L--Pacific Albacore Tuna Fisheries


Sec.  300.170  Purpose and scope.

    The regulations in this subpart govern fishing by U.S. vessels in 
waters under the fisheries jurisdiction of Canada pursuant to the 1981 
Treaty Between the Government of the United States of America and the 
Government of Canada on Pacific Coast Albacore Tuna Vessels and Port 
Privileges as amended in 2002. Regulations governing fishing by 
Canadian vessels in waters under the fisheries jurisdiction of the 
United States pursuant to this Treaty as amended in 2002 are found at 
Sec.  600.530 of chapter VI of this title.


Sec.  300.171  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act and Sec.  600.10 of Chapter VI of this 
title, the terms used in this subpart have the following meanings:
    Fishing under the Treaty as amended in 2002 means to engage in 
fishing for albacore tuna in waters under the fisheries jurisdiction of 
Canada seaward of 12 nautical miles from the baseline from which the 
territorial sea is measured.
    Regional Administrator means the Regional Administrator, Southwest 
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
    Reporting Office means the office designated by the Regional 
Administrator to take hail-in and hail-out reports from U.S. and 
Canadian vessel operators.
    Treaty means the 1981 Treaty Between the Government of the United 
States of America and the Government of Canada on Pacific Coast 
Albacore Tuna Vessels and Port Privileges as amended in 2002.


Sec.  300.172  Vessel list.

    The ``vessel list'' is the list of U.S. vessels that are authorized 
to fish under the Treaty as amended in 2002. Only a vessel on the list 
for at least 7 days may engage in fishing in Canadian waters under the 
Treaty as amended in 2002. At least 7 (seven) days prior to the first 
day on which any fishing in Canadian waters may begin, the owner of any 
U.S. vessel that wishes to be eligible to fish for albacore tuna under 
the Treaty as amended in 2002 must provide the Regional Administrator 
or his designee with the vessel name, the owner's name and address, 
phone number where the owner can be reached, the U.S. Coast Guard 
documentation number (or state registration number if not documented), 
and vessel operator (if different from the owner) and his or her 
address and phone number. NMFS will then place the vessel on the vessel 
list.


Sec.  300.173  Vessel identification.

    A U.S. vessel fishing under the Treaty as amended in 2002 must be 
marked with its name and vessel identification prominently displayed 
where they will be clearly visible both from the air and from a surface 
vessel. Vessel identification means the U.S. Coast Guard Documentation 
number (or if not documented, the state registration number) followed 
by the letter U in the same height and size as the numerals. Numerals 
and the letter U must meet thesize requirements of Sec.  660.704 of 
chapter VI of this title.


Sec.  300.174  Logbook reports.

    The owner of any U.S. vessel that fishes for albacore tuna in 
Canadian waters under the Treaty as amended in 2002 must maintain and 
submit to the Regional Administrator a logbook of catch and effort of 
such fishing. The logbook form will be provided to the vessel owner as 
soon as practicable after the request to be placed on the list of 
vessels. The logbook must be submitted to the Regional Administrator 
within 15 days of the end of a trip, regardless of whether the trip 
ends by reentry to U.S. waters or entry to Canada's territorial sea, 
other Canadian waters in which fishing is not permitted, or a Canadian 
port. If the departure is due to exit to the high seas, the vessel 
operator must submit the logbook within 7 days of its next landing.


Sec.  300.175  Hail-in and hail-out reports.

    (a) The operator of any U.S. vessel that wishes to engage in 
fishing in waters under the fisheries jurisdiction of Canada must file 
a hail-in report to the Reporting Office at least 24 hours prior to 
engaging in fishing in such waters.
    (b) The operator of a U.S. vessel that has been fishing under the 
Treaty as amended in 2002 must file a hail-out report to the Reporting 
Office within 24 hours of departing waters under the fisheries 
jurisdiction of Canada.


Sec.  300.176  Prohibitions.

    It is prohibited for the owner or operator of a U.S. fishing vessel 
to:
    (a) Engage in fishing in waters under the fisheries jurisdiction of 
Canada if:
    (1) The vessel has not been on the list of fisheries pursuant to 
Sec.  300.172 for at least 7 days;
    (2) The vessel is not clearly marked as required under Sec.  
300.173;
    (3) The vessel operator has not filed a hail-in report with the 
Reporting Office as required under Sec.  300.175(a); or
    (4) The Regional Administrator has announced that the U.S. limit on 
fishing under the Treaty as amended in 2002 has been reached.
    (b) Fail to maintain and submit logbook records of catch and effort 
statistics as required under Sec.  300.174;
    (c) Fail to report an exit from waters under the fisheries 
jurisdiction of Canada as required by Sec.  300.175(b).

0
For the reasons set out in the preamble, 50 CFR part 600 subpart F is 
amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
2. The authority citation for part 600 continues to read as follows:

    Authority: 5 U.S.C 561 and 16 U.S.C. 1801 et seq.

0
3. A new Sec.  600.525 is added to subpart F to read as follows:


Sec.  600.525  Applicability of Subpart F to Canadian Albacore Fishing 
Vessels off the West Coast.

    Fishing by vessels of Canada under the 1981 Treaty Between the 
Government of the United States of America and the Government of Canada 
on Pacific Coast Albacore Tuna Vessels and Port Privileges is regulated 
only under this section and Sec.  600.530 of this subpart F, and is 
exempt from any other requirements of this subpart F. Regulations 
governing fishing by U.S. vessels in waters under the fisheries 
jurisdiction of the Canada more than 12 nautical miles from the 
baseline from which the territorial sea is measured are found at 
Sec. Sec.  300.170-300.176 of chapter II of this title.

0
4. A new Sec.  600.530 is added to subpart F to read as follows:


Sec.  600.530  Pacific albacore fishery.

    (a) Purpose and scope. This section regulates fishing by Canadian 
vessels

[[Page 31536]]

under the 1981 Treaty Between the Government of the United States of 
America and the Government of Canada on Pacific Coast Albacore Tuna 
Vessels and Port Privileges as amended in 2002. Notwithstanding any 
other provision of this subpart F, fishing vessels of Canada may be 
authorized to fish in waters under the fisheries jurisdiction of the 
United States more than 12 nautical miles from the baseline from which 
the territorial sea is measured in accordance with the Treaty and this 
section, pursuant to Public Law 108-219 (118 Stat. 616; 16 U.S.C. 1821 
note).
    (b) Definitions. In addition to the definitions in the Magnuson-
Stevens Fishery Conservation and Management Act and Sec.  600.10, the 
terms used in this subpart have the following meanings:
    Fishing under the Treaty as amended in 2002 means to engage in 
fishing for albacore tuna in waters under the fisheries jurisdiction of 
the United States seaward of 12 nautical miles from the baseline from 
which the territorial sea is measured.
    Regional Administrator means the Regional Administrator, Southwest 
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
    Reporting Office means the office designated by the Regional 
Administrator to take hail-in and hail-out reports from U.S. and 
Canadian vessel operators.
    Treaty means the 1981 Treaty Between the Government of the United 
States of America and the Government of Canada on Pacific Coast 
Albacore Tuna Vessels and Port Privileges as amended in 2002.
    (c) Vessel list. A Canadian vessel is not eligible to fish for 
albacore in U.S. waters under the Treaty as amended in 2002 unless the 
vessel is on the list provided to NMFS by the Government of Canada of 
vessels authorized by Canada to fish under the Treaty as amended in 
2002.
    (d) Vessel identification. A Canadian vessel fishing under the 
Treaty as amended in 2002 must clearly display its Canadian vessel 
registration number followed by the letter C in the same height and 
size as the numerals, consistent with Canadian vessel marking 
requirements.
    (e)Hail-in reports. The operator of a Canadian Vessel eligible to 
fish for albacore in U.S. waters under the Treaty as amended in 2002 
must file a hail-in report with the Reporting Office at least 24 hours 
prior to beginning any such fishing.
    (f) Hail-out Reports. The operator of a Canadian vessel that has 
been fishing in U.S. waters under the Treaty as amended in 2002 must 
file a hail-out report with the Reporting Office at least 24 hours 
prior to exiting from U.S. waters.
    (g) Prohibitions. It is prohibited for the operator of a Canadian 
vessel to engage in fishing in U.S. waters if the vessel:
    (1) Is not on the vessel list in paragraph (c) of this section;
    (2) Has not filed a hail-in report to advise of an intent to fish 
under the Treaty as amended in 2002 prior to engaging in such fishing; 
or
    (3) Is not clearly marked in accordance with paragraph (d) of this 
section.
[FR Doc. 04-12517 Filed 5-28-04; 4:20 pm]
BILLING CODE 3510-22-S