[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Proposed Rules]
[Pages 34707-34709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17073]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 090218199-91091-01]
RIN 0648-AX38


Fisheries in the Western Pacific; Pelagic Fisheries; Vessel 
Identification Requirements

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 proposes to revise identification requirements for U.S. 
vessels that fish for pelagic management unit species on the high seas 
of the central and western Pacific. The new measures would require 
vessels to display their International Telecommunication Union Radio 
Call Sign (IRCS). If an IRCS has not been assigned to the vessel, the 
vessel would be required to display its official number, preceded by 
the characters ``USA ''. The intent of this proposed rule is to make 
existing Federal vessel identification requirements conform with other 
regulations being proposed to implement international requirements.

DATES: Comments on the proposed rule must be received by August 3, 
2009.

ADDRESSES: Comments on this proposed rule, identified by 0648-AX38, may 
be sent to either of the following addresses:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
     Mail: William L. Robinson, Regional Administrator, NMFS, 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, 
Honolulu, HI 96814-4700.
    Instructions: All comments received are a part of the public record 
and will generally be posted to www.regulations.gov without change. All 
personal identifying information (e.g., name, address, etc.) submitted 
voluntarily by the sender may be publicly accessible. Do not submit 
confidential business information, or otherwise sensitive or protected 
information. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word or Excel, 
WordPerfect, or Adobe PDF file formats only.

[[Page 34708]]

    The Western Pacific Fishery Management Council (Council) prepared a 
regulatory amendment that contains background information on the issue, 
analyses of biological and economic impacts, and proposed changes to 
the regulations. Copies of the regulatory amendment are available from 
www.regulations.gov, and from the Council, 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, 
www.wpcouncil.org.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to William L. Robinson (see ADDRESSES) 
and by e-mail to [email protected], or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries, 
NMFS PIR, 808-944-2108.

SUPPLEMENTARY INFORMATION: This Federal Register document is also 
accessible at www.gpoaccess.gov/fr/.
    The Commission for the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) 
was established under the Convention on the Conservation and Management 
of Highly Migratory Fish Stocks in the Western and Central Pacific 
Ocean (Convention). The Convention's objective is to ensure, through 
effective management, the long-term conservation and sustainable use of 
highly migratory fish stocks in the western and central Pacific Ocean, 
including measures to manage and conserve tunas and to minimize impacts 
on protected resources, such as sea turtles and seabirds. The 
Convention Area includes waters around Hawaii, American Samoa, Guam, 
the Northern Marianas Islands, and U.S. Pacific remote island areas. 
Thus, it encompasses the operational areas of U.S. purse seine, pelagic 
longline, and troll and handline fisheries, as well as local pelagic 
fisheries.
    Under the Convention, vessels that are authorized to fish on the 
high seas in the Convention Area are required to be identified in 
accordance with the Standard Specifications for the Marking and 
Identification of Fishing Vessels of the Food and Agriculture 
Organization of the United Nations. NMFS is in the process of 
implementing those standards in new requirements for U.S. fishing 
vessels under the authority of the Western and Central Pacific 
Fisheries Convention Implementation Act (WCPFCIA, Public Law 109 479, 
Sec 501, et seq., and codified at 16 U.S.C. 6901 et seq.). On May 22, 
2009, NMFS published a proposed rule in the Federal Register (74 FR 
23965), seeking public comment on pending vessel identification 
requirements. Specifically, U.S. vessels used for commercial fishing 
for pelagic management unit species (i.e., highly migratory species) on 
the high seas with a NMFS-issued Western and Central Pacific Fisheries 
Commission Area Endorsement would be required to display its IRCS on 
the port and starboard sides of the hull or superstructure and deck 
surface. If an IRCS has not been assigned, the vessel must display its 
official number (i.e., USCG documentation number or other registration 
number) preceded by the characters ``USA'' and a hyphen (i.e., ``USA-
''). Only these markings would be allowed on the hull or 
superstructure, apart from the vessel's name and hailing port.
    This proposed rule would be consistent with the proposed 
requirements under the WCPFCIA by revising existing western Pacific 
vessel identification regulations at Title 50, Code of Federal 
Regulations (50 CFR 665.16). United States vessels that are issued a 
permit under 50 CFR 665.21, i.e., longline, troll & handline, and squid 
jig vessels, and that fish for pelagic management unit species highly 
migratory species) in the high seas of the Convention Area would be 
required to display vessel markings as described above. Vessels that 
fish for pelagic species only within the U.S. Exclusive Economic Zone 
(EEZ) or on the high seas outside the Convention Area would have the 
option to be marked pursuant to the vessel identification requirements 
being proposed under the WCPFCIA, or maintain markings pursuant to 
existing vessel identification requirements. The proposed rule would 
modify only the manner in which federally-permitted pelagic fishing 
vessels are marked with their official numbers, and does not modify 
vessel operations or other aspects of the pelagic fisheries.
    To be considered, comments on this proposed rule must be received 
by August 3, 2009, not postmarked or otherwise transmitted by that 
date.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the vessel identification regulatory amendment, 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS analyzed this proposed rule under the National Environmental 
Policy Act, 42 U.S.C. 4321 et seq., and NOAA Administrative Order 216-
6, and concluded that there are no factors that would limit the use of 
a categorical exclusion under sections 5.05 and 6.03.c.3.(i) of that 
order. Therefore, this proposed rule is categorically excluded from 
further environmental consideration because the proposed actions are 
administrative in nature and do not have the potential to individually 
or cumulatively pose significant impacts to the quality of the human 
environment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.

    The Council and NMFS are proposing to revise western Pacific 
vessel identification regulations by requiring U.S. vessels that 
fish for pelagic species on the high seas of the western and central 
Pacific to be marked with the vessel's IRCS. The revisions will also 
provide that if an IRCS has not been assigned to the vessel, the 
marking will consist of the vessel's official number, preceded by 
the characters ``USA-.'' Vessels that fish for pelagic species only 
within the EEZ or on the high seas outside the Western and Central 
Pacific Fisheries Convention Area would have the option to either 
apply the high seas markings or maintain markings pursuant to 
existing requirements.
    The intent of the proposed action is to bring the existing 
vessel identification requirements at 50 CFR 665.16 into conformity 
with international vessel identification requirements agreed to by 
the WCPFC, as they would be applied in a separate proposed action, 
for U.S. vessels fishing for pelagic species on the high seas in the 
Convention Area. The United States, as a Contracting Party to the 
Convention, will soon be implementing the vessel identification 
requirements under the Convention. This action will result in a 
consistent set of identification requirements applicable to United 
States vessels fishing in the EEZ and on the high seas within the 
Convention Area. The proposed rule affects only the manner in which 
Federally-permitted fishing vessels are marked with their official 
number, and does not modify vessel operations or other aspects of 
the fishery.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble to this 
proposed rule. All vessels having the potential to participate in 
this fishery are

[[Page 34709]]

considered to be small entities under the current Small Business 
Administration definition of small fish-harvesting businesses (gross 
receipts not in excess of $4 million).
    There are up to 230 longline, pole-and-line, and troll and 
handline vessels that could be affected by this rulemaking. The 
estimated one-time cost for the required marking for each of 230 
vessels would be up to $100. Estimated 2006 average gross revenues 
per vessel for the Hawaii- and American Samoa-based longline 
fisheries were approximately $300,000. Therefore, the cost of vessel 
marking for those vessels represents far less than one percent of 
gross revenues per vessel. The remaining affected vessels, including 
other longline, pole-and-line, and troll and handline vessels, would 
most likely have a higher cost-to-gross revenue percentage. However, 
it is unlikely that any of the percentages would exceed three 
percent (which would translate to $3,300 in annual revenues).
    This proposed action contains no fishery management controls 
that affect the operations of the fishery, other than vessel 
identification. Thus, significant impacts to the profitability of a 
substantial number of small entities are not anticipated. This rule 
does not duplicate, overlap, or conflict with other Federal rules. 
There are no disproportionate economic impacts from this rule based 
on home port, gear type, or relative vessel size.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. Sec.  605(b), NMFS has determined that this rule will not 
have a significant economic impact on a substantial number of small 
entities based on the pre-existing status of pelagic fisheries of 
the central and western Pacific.

    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This proposed rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA), and which has been 
approved by OMB under control number 0648-0360. The one-time public 
reporting burden for vessel identification requirements is estimated at 
45 minutes and $100 in supplies per vessel. This includes the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to William L. Robinson (see 
ADDRESSES) and by e-mail to [email protected], or fax to 202-
395-7285.
    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.

List of Subjects in 50 CFR Part 665

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Vessel identification, Western and central Pacific.

    Dated: July 13, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 665 is 
proposed to be amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

    1. The authority citation for part 665 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  665.16, revise paragraphs (a) and (b) to read as 
follows:


Sec.  665.16  Vessel identification.

    (a) Applicability. Each fishing vessel subject to this part, except 
those identified in paragraph (e) of this section, must be marked for 
identification purposes, as follows:
    (1) A vessel that is registered for use with a valid permit issued 
under Sec.  665.21 and used to fish on the high seas within the 
Convention Area as defined in Sec.  300.211 of this title must be 
marked in accordance with the requirements at Sec. Sec.  300.14 and 
300.217 of this title.
    (2) A vessel that is registered for use with a valid permit issued 
under Sec.  665.21 of this part and not used to fish on the high seas 
within the Convention Area must be marked in accordance with either:
    (i) Sections 300.14 and 300.217 of this title, or
    (ii) Paragraph (b) of this section.
    (3) A vessel that is registered for use with a valid permit issued 
under Sec. Sec.  665.41, 665.61, 665.81, or 665.602 of this part must 
be marked in accordance with paragraph (b) of this section.
    (b) Identification. Each vessel subject to this section must be 
marked as follows:
    (1) The vessel's official number must be affixed to the port and 
starboard sides of the deckhouse or hull, and on an appropriate weather 
deck, so as to be visible from enforcement vessels and aircraft. 
Marking must be legible and of a color that contrasts with the 
background.
    (2) For fishing and receiving vessels of 65 ft (19.8 m) LOA or 
longer, the official number must be displayed in block Arabic numerals 
at least 18 inches (45.7 cm) in height, except that vessels subject to 
Sec.  665.81 that are 65 ft (19.8 m) LOA or longer must be marked in 
block Arabic numerals at least 14 inches (35.6 cm) in height.
    (3) For all other vessels, the official number must be displayed in 
block Arabic numerals at least 10 inches (25.4 cm) in height.
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[FR Doc. E9-17073 Filed 7-16-09; 8:45 am]
BILLING CODE 3510-22-S