[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Rules and Regulations]
[Pages 3416-3417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1085]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 090218199-91223-02]
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: Final rule.

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SUMMARY: This final rule revises identification requirements for U.S. 
vessels that fish for pelagic management unit species in the western 
and central Pacific Ocean. Each vessel is required to display its 
International Telecommunication Union Radio Call Sign (IRCS) or, if an 
IRCS has not been assigned, its official number preceded by the 
characters ``USA ''. This rule makes Federal vessel identification 
requirements consistent with international requirements.

DATES: This final rule is effective February 22, 2010.

ADDRESSES: 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 William L. Robinson, NMFS, 1601 
Kapiolani Blvd. 1110, Honolulu, HI 96814, e-mailed to [email protected], or faxed 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/.
    This final rule revises the vessel identification requirements at 
50 CFR Sec.  665 to make them consistent with international 
requirements. Currently, each fishing vessel is required to display its 
official number (United States Coast Guard documentation or other 
registration number) on 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.
    New international rules require each vessel that fishes on the high 
seas in the Area of the Convention on the Conservation and Management 
of Highly Migratory Fish Stocks in the

[[Page 3417]]

Western and Central Pacific Ocean (Convention) to display its IRCS on 
the port and starboard sides of the hull or superstructure, and on a 
deck surface. If an IRCS has not been assigned, the vessel must display 
its official number preceded by the characters ``USA'' and a hyphen 
(i.e., ``USA-'').
    U.S. vessels fishing for pelagic species on the high seas of the 
Convention area would be required to display the international vessel 
markings (IRCS or USA-official number). A pelagic vessel that fishes 
only within the U.S. Exclusive Economic Zone (EEZ), or on the high seas 
outside the Convention Area, would have the option to display either 
the international markings or official number.
    On July 17, 2009, NMFS published a proposed rule and request for 
public comment on the vessel identification requirements (74 FR 34707). 
The comment period for the proposed rule ended on August 3, 2009, and 
NMFS did not receive any comments.
    This final rule modifies only the manner in which federally-
permitted pelagic fishing vessels are identified, and does not change 
vessel operations or other aspects of pelagic fisheries. Additional 
background information on this final rule may be found in the preamble 
to the proposed rule, and is not repeated here.

Changes From the Proposed Rule

    NMFS made one administrative clarification to the final rule for 
consistency with a change implemented by a recent, separately published 
final rule in which NMFS restructured western Pacific fishing 
regulations. In that rule, former Sec.  665.21, relating to pelagic 
fishing permits, was redesignated as Sec.  665.801. This final rule 
updates the regulatory text to be consistent with the above change.

Classification

    The Regional Administrator, Pacific Islands Region, NMFS, 
determined that this action is necessary for the conservation and 
management of western and central Pacific high seas pelagic fisheries, 
and that it is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA), and which has been 
approved by the Office of Management and Budget (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: January 14, 2010.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 665 is amended as 
follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

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

0
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.  665.801 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.  665.801 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 Subparts B through E 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 in precious 
coral fisheries 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. 2010-1085 Filed 1-20-10; 8:45 am]
BILLING CODE 3510-22-S