[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Rules and Regulations]
[Pages 3335-3355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1087]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 070717350-9936-02]
RIN 0648-AV63


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Initial Implementation of the Western and 
Central Pacific Fisheries Convention

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations under authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (WCPFC 
Implementation Act), which authorizes the Secretary of Commerce to 
promulgate regulations needed to carry out the obligations of the 
United States under the Convention on the Conservation and Management 
of Highly Migratory Fish Stocks in the Western and Central Pacific 
Ocean (Convention), including implementing the decisions of the 
Commission for the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (WCPFC). The 
regulations include requirements related to permitting, vessel 
monitoring systems, vessel observers, vessel markings, reporting and 
recordkeeping, at-sea transshipment, and boarding and inspection on the 
high seas, among others. NMFS has determined that this action is 
necessary for the United States to satisfy its international 
obligations under the Convention, to which it is a Contracting Party. 
It will have the effect of requiring that all relevant U.S. fishing 
vessels are operated in conformance with the provisions of the 
Convention.

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

ADDRESSES: Copies of supporting documents that were prepared for this 
final rule, including the regulatory impact review (RIR) and 
environmental assessment (EA), as well as the proposed rule, are 
available via the Federal e-Rulemaking portal, at http://www.regulations.gov. Those documents, and the small entity compliance 
guide prepared for this final rule, are also available from the 
Regional Administrator, NMFS, Pacific Islands Regional Office, 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700. The initial 
regulatory flexibility analysis (IRFA) and final regulatory flexibility 
analysis (FRFA) prepared for this rule are included in the proposed 
rule and this final rule, respectively.
    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 NMFS, Pacific Islands Regional Office 
(see contact information above), and by e-mail to [email protected] or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Regional Office, 808-944-2219.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is also accessible at http://www.gpoaccess.gov/fr.

Background

    On May 22, 2009, NMFS published a proposed rule in the Federal 
Register (74 FR 23965) that would add regulations at 50 CFR part 300, 
subpart O, in order to implement certain provisions of the Convention 
and decisions of the WCPFC. The proposed rule was open to public 
comment through June 22, 2009.
    This final rule is implemented under authority of the WCPFC 
Implementation Act (16 U.S.C. 6901 et seq.), which authorizes the 
Secretary of Commerce, in consultation with the Secretary of State and 
the Secretary of the Department in which the United States Coast Guard 
is operating (currently the Department of Homeland Security), to 
promulgate such regulations as may be necessary to carry out the 
obligations of the United States under the Convention, including the 
decisions of the WCPFC. The authority to promulgate regulations has 
been delegated to NMFS.
    The proposed rule includes additional background information, 
including information on the Convention and the WCPFC, the 
international obligations of the United States under the Convention, 
and the basis for the proposed regulations.

New Requirements

    This final rule establishes the following requirements:

1. Authorization To Fish

    Owners or operators of U.S. vessels used for commercial fishing for 
highly migratory species (HMS) on the high seas in the Convention Area 
will be required to obtain a new NMFS-issued fishing authorization, 
called a ``WCPFC Area Endorsement.'' The definition of fishing will 
include, consistent with its definition under the WCPFC Implementation 
Act, receiving fish from another fishing vessel and bunkering or 
otherwise supplying or supporting a vessel that engages in fishing. 
Thus, carriers that receive HMS from another vessel, vessels that 
bunker vessels used to fish for HMS, and vessels that engage in 
operations at sea directly in support of, or in preparation for, 
fishing or transshipping by other vessels will also be subject to this 
and other requirements of the final rule. This new authorization will 
be issued by the Regional Administrator of NMFS, Pacific Islands 
Region, supplemental to, and as an endorsement on, the permits issued 
under the authority of the High Seas Fishing Compliance Act of 1995 
(HSFCA; 16 U.S.C. 5501 et seq.) (hereafter, ``high seas fishing 
permits;'' see 50 CFR 300.13). The prerequisites to obtaining a WCPFC 
Area Endorsement will be: (1) Having a valid high seas fishing permit 
(or simultaneously applying for one); (2) submitting a complete 
application (see the next item, ``vessel information''); and (3) paying 
the required administrative fee. The application form will be designed 
as a supplement to the application for a high seas fishing permit. The 
WCPFC Area Endorsement will become void upon expiration, suspension, or 
revocation of the underlying high seas fishing permit. The WCPFC Area 
Endorsement is also subject to suspension or revocation independent of 
the high seas fishing permit. Holding a WCPFC Area Endorsement will 
trigger a number of

[[Page 3336]]

other requirements, as described in the elements that follow.

2. Vessel Information

    Vessel owners and operators that apply for WCPFC Area Endorsements 
will be required to submit to NMFS, in their application forms for 
WCPFC Area Endorsements, specified information about the vessel and its 
operator (i.e., the master on board and in charge of the vessel) that 
is not already collected via the high seas fishing permit application. 
This information includes the name and nationality of the vessel 
operator (or operators); all communication types used on the vessel 
(e.g., single sideband radio, voice Inmarsat, fax Inmarsat, e-mail 
Inmarsat, telex Inmarsat, or other type of satellite telephone), along 
with the communication service used and the identifying/contact number 
for each; the fishing methods used or intended to be used; the vessel's 
fish hold capacity, expressed in terms of either cubic meters or short 
tons; and the vessel's refrigeration and freezer capacity, including 
the types of refrigeration and freezer systems on board, the number of 
refrigeration and freezer units of each type, and the total 
refrigerating or freezing capacity of each type of system.
    In addition, a bow-to-stern side-view photograph of the vessel that 
shows the vessel in its current form and appearance and that is no 
older than five years will have to be submitted to NMFS. The photograph 
can be in either paper or electronic format and must meet certain 
minimum specifications in terms of its size and resolution and the 
legibility of the vessel markings. Although the international radio 
call sign assigned to a given vessel is already collected in high seas 
fishing permit applications, an indication of whether or not an 
international radio call sign has been assigned to the vessel, and if 
so, the call sign itself, will have to be submitted to NMFS by 
applicants for WCPFC Area Endorsements. This is because of the 
importance under the Convention of a vessel's international radio call 
sign (e.g., see paragraph below on ``vessel identification'') and NMFS' 
need to verify that the collected information is accurate. WCPFC Area 
Endorsement holders will have to submit to NMFS any subsequent changes 
to the submitted information within 15 days of the change.
    In addition, owners or operators of any U.S. vessel used for 
fishing for HMS in the Convention Area in areas under the jurisdiction 
of any nation other than the United States (i.e., vessels for which a 
WCPFC Area Endorsement will not necessarily be required) will be 
required to submit to NMFS information about the vessel, its owners and 
operators and any fishing authorizations issued by such other nations. 
Specifically, all the information specified in the application for high 
seas fishing permits and in the application for WCPFC Area Endorsements 
will be required, as well as, for each fishing authorization issued by 
a nation or political entity other than the United States, the name of 
the nation or political entity, the name of the issuing authority, the 
authorization type, the period of validity, the specific activities 
authorized, the species for which fishing is authorized, the areas in 
which fishing is authorized, and any unique identifiers assigned to the 
authorization. Copies of any such fishing authorizations will also have 
to be submitted to NMFS. This information will be collected via a new 
form (hereafter, ``Foreign EEZ Form'') designed for this purpose, and 
vessel owners/operators will be required to submit to NMFS any 
subsequent changes to the submitted information within 15 days of the 
change.
    The collected information referred to above will be incorporated by 
NMFS into a record of U.S. fishing vessels authorized to be used for 
commercial fishing for HMS in the Convention Area beyond areas of U.S. 
jurisdiction. In accordance with the Convention, NMFS will keep this 
record updated and share it with the WCPFC, which will combine it with 
the records of its other Members and Cooperating Non-Members and make 
it publicly available via its Web site and other means.

3. Vessel Monitoring System

    Owners and operators of vessels with WCPFC Area Endorsements will 
be required to have installed, activate, carry and operate vessel 
monitoring system (VMS) units (also known as ``mobile transmitting 
units'') that are type-approved by NMFS, and authorize the WCPFC and 
NMFS to receive and relay transmissions (also called ``position 
reports'') from the VMS unit to the WCPFC and to NMFS. The WCPFC and 
NMFS will use the position reports as part of their respective VMS. 
Activation of a VMS unit will be required any time the unit is 
installed or reinstalled, any time the mobile communications service 
provider has changed, and any time directed by NMFS. Activation will 
involve submitting to NMFS a report (``activation report'') via mail, 
facsimile or e-mail with information about the vessel, its owner or 
operator, and the VMS unit, as well as receiving confirmation from NMFS 
that the VMS unit is transmitting position reports properly. The VMS 
unit will have to be turned on and operating (i.e., transmitting 
automated position reports) at all times while the vessel is at sea, 
both inside and outside the Convention Area. The VMS unit may be turned 
off while the vessel is in port, but only if the vessel operator 
notifies NMFS via mail, facsimile or e-mail prior to such shut-down. In 
such cases, NMFS must also be notified when the VMS unit is 
subsequently turned back on (these two types of notifications are 
called ``on/off reports''), and the vessel operator must receive 
confirmation from NMFS that the VMS unit is functioning properly prior 
to leaving port. In the case of failure of the VMS unit while at sea, 
the vessel operator will be required to contact NMFS and follow the 
instructions provided by NMFS, which could include, among other 
actions: Submitting position reports at specified intervals by other 
means, ceasing fishing, stowing fishing gear, and/or returning to port; 
and repairing or replacing the VMS unit and ensuring it is operable 
before starting the next trip. To facilitate communication with 
management and enforcement authorities about the functioning of the VMS 
unit and for other purposes, operators of vessels with WCPFC Area 
Endorsements will be required to carry on board and continuously 
monitor while at sea a two-way communication device capable of real-
time communication with NMFS in Honolulu. For the purpose of submitting 
position reports that might be required in the case of VMS unit 
failure, vessel operators must also carry on board a communication 
device capable of transmitting communications by telephone, facsimile, 
e-mail, or radio to the WCPFC in Pohnpei, Micronesia, while the vessel 
is on the high seas in the Convention Area.
    The vessel owner and operator will be responsible for all costs 
associated with the purchase, installation and maintenance of the VMS 
unit, and for all charges levied by the mobile communications service 
provider as necessary to ensure the transmission of automatic position 
reports to NMFS. However, if the VMS unit is being carried and operated 
in compliance with the requirements in 50 CFR parts 300, 660, or 665 
relating to the installation, carrying, and operation of VMS units, the 
vessel owner and operator will not be responsible for costs that are 
the responsibility of NMFS under those regulations. In addition, the 
vessel owner and operator will not be responsible for the costs of 
transmitting the automatic position reports to the WCPFC.

[[Page 3337]]

    NMFS publishes separately type-approval lists of VMS units. The 
current type-approval lists can be obtained from the NOAA Office of Law 
Enforcement, 8484 Georgia Avenue, Suite 415, Silver Spring, MD 20910; 
by telephone at 888-210-9288; or by fax at 301-427-0049.
    This final rule is worded so as to avoid duplication with other VMS 
requirements, such as those established under the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et seq.) 
and the South Pacific Tuna Act of 1988 (SPTA; 16 U.S.C. 973-973r). 
Compliance with the existing VMS requirements at 50 CFR parts 300, 660, 
and 665 will satisfy this new requirement, provided that the VMS unit 
is type-approved by NMFS specifically for fisheries governed under the 
WCPFC Implementation Act, the VMS unit is operated continuously at all 
times while the vessel is at sea, the vessel owner and operator have 
authorized the WCPFC and NMFS to receive and relay transmissions from 
the VMS unit, and the requirements in case of VMS unit failure are 
followed.

4. Vessel Observer Program

    The operator of a vessel with a WCPFC Area Endorsement will be 
required to accept on board and accommodate observers deployed as part 
of the WCPFC ``Regional Observer Programme'' (WCPFC ROP) on fishing 
trips that are partially or fully in the Convention Area. Such 
observers include persons designated by the WCPFC Secretariat, by the 
United States or by other Members of the WCPFC. Persons will be 
designated as WCPFC observers by the United States or other WCPFC 
Members only if the national or sub-regional observer program that 
deploys such observers has been authorized by the WCPFC to be a part of 
the WCPFC ROP. Once an observer program of NMFS is determined by the 
WCPFC to meet specified minimum standards and incorporated into the 
WCPFC ROP, relevant data collected in the NMFS program will be 
submitted to the WCPFC and maintained and used by the WCPFC as data in 
its larger WCPFC ROP.
    The preamble to the proposed rule inaccurately stated that the 
observer requirements would also apply to vessels used in areas under 
the jurisdiction of another Member of the WCPFC. This final rule 
clarifies that the observer requirements apply only to vessels that 
have, or are required to have, WCPFC Area Endorsements.
    It is anticipated that the NMFS observer program operating out of 
Honolulu, Hawaii, and Pago Pago, American Samoa, will be among the 
first national observer programs to be authorized to be part of the 
WCPFC ROP. The NMFS observer program currently has interim 
authorization until July 1, 2012, and full authorization is anticipated 
after a successful audit of the program. Accordingly, NMFS expects 
there to be little, if any, change in the placement of observers on 
vessels in the longline fleets based in Hawaii and American Samoa. The 
WCPFC Secretariat may place an occasional observer as part of an 
auditing process to ensure that national and sub-regional observer 
programs are operating up to WCPFC standards.
    It is also anticipated that U.S. purse seine vessels operating 
under the SPTA will continue to carry observers from the Pacific 
Islands Forum Fisheries Agency (FFA) observer program (a sub-regional 
observer program). If the FFA is unable to provide observers to meet 
increased coverage levels mandated by the WCPFC, those vessels may make 
other arrangements to obtain WCPFC-approved observers.
    The responsibilities of vessel operators and crew members with 
respect to observers will include allowing and assisting observers to 
do the following: embark and disembark at agreed times and places; have 
access to and use of all facilities and equipment on board that are 
necessary to conduct observer duties; remove samples; and carry out all 
duties safely. The vessel operator also will be responsible for 
providing observers, while on board the vessel, with food, 
accommodation and medical facilities of a reasonable standard 
equivalent to those normally available to an officer on board the 
vessel. In the case of longline vessels in the Hawaii and American 
Samoa fleets, however, costs incurred for providing subsistence for 
NMFS observers will be eligible for reimbursement, as currently 
provided at 50 CFR Part 665.

5. Vessel Identification

    Vessels with WCPFC Area Endorsements will be required to be marked 
in accordance with the Convention's requirements, which are based on 
the FAO Standard Specifications for the Marking and Identification of 
Fishing Vessels. Specifically, if assigned an international radio call 
sign (IRCS), the port and starboard sides of a vessel's hull or 
superstructure, as well as a deck, will have to be marked with the 
IRCS; if not assigned an IRCS, they will have to be marked with the 
vessel's official number (i.e., USCG documentation number or state or 
tribal registration number), preceded by the characters ``USA'' and a 
hyphen. In both cases, the specified marking will be the only allowable 
marking on the hull or superstructure apart from the vessel's name and 
hailing port. The markings will have to be placed so that they are 
clear, distinct, uncovered, and unobstructed. Any boats, skiffs, or 
other watercraft that are carried on board the vessel also will have to 
be marked with the same identifier as the fishing vessel. For some 
affected vessels, this marking requirement will conflict with other 
existing vessel marking requirements, such as those at 50 CFR 300.14 
(under the HSFCA; applicable to vessels used for fishing on the high 
seas), 50 CFR 300.173 (under the legislation implementing the U.S.-
Canada Albacore Treaty; applicable to vessels used for fishing under 
that treaty), 50 CFR 660.704 (under the MSA; applicable to vessels in 
West Coast HMS fisheries), and 50 CFR 665.16 (under the MSA; applicable 
to vessels in western Pacific fisheries). Accordingly, with respect to 
the vessel identification requirements at 50 CFR 300.14, this final 
rule will slightly modify those requirements to make them consistent 
with this new requirement. With respect to the vessel identification 
requirements at 50 CFR 665.16, NMFS has issued a proposed rule (74 FR 
34707; July 17, 2009) to revise those requirements such that they do 
not conflict with the requirements of this final rule. NMFS anticipates 
issuing the final rule for that action nearly concurrently with this 
final rule, in which case there will be no conflict. With respect to 
the vessel identification requirements at 50 CFR 300.173 and 660.704, 
no regulatory action to revise those requirements has been undertaken 
to date, so the vessel identification requirements in this final rule 
are written such that they will not apply to fishing vessels subject to 
the requirements of either 50 CFR 300.173 or 660.704 until the 
conflicts have been reconciled and a notice to that effect has been 
published in the Federal Register.

6. Transshipment Restrictions

    Offloading fish from a U.S. purse seine vessel or using a U.S. 
fishing vessel to receive fish from a purse seine vessel at sea in the 
Convention Area will be prohibited. Transshipping at sea is already 
regulated for U.S. purse seine vessels licensed under the SPTA.

7. Reporting and Recordkeeping

    The owner or operator of any U.S. vessel used for commercial 
fishing for HMS anywhere in the Pacific Ocean will be required to 
maintain and submit to NMFS information on fishing effort and catch. 
The final rule was developed to avoid duplication with other effort

[[Page 3338]]

and catch reporting requirements, particularly those established under 
the MSA, the HSFCA, the Tuna Conventions Act of 1950 (16 U.S.C. 951-961 
et seq.), the SPTA, and the implementing legislation for the U.S.-
Canada Albacore Treaty, as well as relevant State reporting 
requirements. Specifically, compliance with other existing reporting 
requirements will satisfy the new reporting requirement established in 
this final rule. The main effect of these new reporting requirements is 
to collect fishing effort and catch information under the authority of 
the WCPFC Implementation Act, which will enable NMFS to meet the 
reporting requirements of the WCPFC in accordance with the Convention 
and the decisions of the WCPFC. Confidentiality of information will be 
protected and handled by NOAA as required under U.S. laws, including 
the WCPFC Implementation Act and the regulations established in this 
final rule (see element 10 below). Once the information is submitted by 
NOAA to the WCPFC, it will be handled in accordance with policies and 
procedures adopted by the WCPFC.

8. Compliance With the Laws of Other Nations

    A vessel with a WCPFC Area Endorsement will be prohibited from 
being used for fishing in areas under the jurisdiction of another 
nation unless it holds any license, permit or authorization that may be 
required by such nation to do so. When a vessel with a WCPFC Area 
Endorsement operates in the Convention Area in areas under the 
jurisdiction of a Member of the WCPFC other than the United States, it 
will have to be operated in compliance with the laws of that Member.
    Additionally, the owner and operator of any U.S. fishing vessel 
used in the Convention Area in an area under the jurisdiction of 
another Member of the WCPFC, if used for fishing for, retaining on 
board or landing HMS, will be required to comply with the relevant laws 
of that Member, including any laws related to the use of VMS units.
    It will be the responsibility of vessel owners and operators to 
ascertain the applicable laws and requirements of WCPFC members.

9. Facilitation of Enforcement and Inspection

    The operator and crew of a vessel with a WCPFC Area Endorsement, 
when in the Convention Area, will be subject to the following 
requirements:
     Carry on board any fishing authorizations issued by 
another nation or political entity, or copies thereof, and make them 
available to specified authorities, depending on the area of 
jurisdiction the vessel is in;
     Continuously monitor the international safety and calling 
radio frequency (156.8 MHz; Channel 16, VHF-FM) and, if equipped to do 
so, the international distress and calling radio frequency (2.182 MHz);
     Carry on board a copy of the International Code of 
Signals; and
     When engaged in transshipment, allow and assist 
transshipment monitors authorized by the WCPFC (if on the high seas) or 
other Members of the WCPFC (if within their areas of jurisdiction) to 
inspect the vessel and gather information and samples.
    In addition, the operator of any U.S. fishing vessel that is used 
for commercial fishing for HMS, when present in the Convention Area in 
an area in which it is not authorized to fish (e.g., on the high seas 
without a valid WCPFC Area Endorsement or in an area under the 
jurisdiction of another nation without an authorization from that 
nation to fish in the area), will be required to stow all fishing gear 
and equipment so such materials are not readily available for fishing.
    Further, the operator of any U.S. fishing vessel (regardless of the 
species for which it is used to fish), when on the high seas in the 
Convention Area, will be required to accept and assist boarding and 
inspection by authorized inspectors of other Contracting Parties to the 
Convention and of fishing entities that have agreed to be bound by the 
regime established by the Convention, provided that such boarding and 
inspection is undertaken in conformance with the WCPFC's adopted 
procedures. At present, Chinese Taipei (Taiwan) is the only fishing 
entity that has agreed to be bound by the regime established by the 
Convention.

10. Confidentiality of Information

    As mandated by the WCPFC Implementation Act, the final rule 
includes procedures designed to preserve the confidentiality of 
information submitted in compliance with the WCPFC Implementation Act 
and its implementing regulations. In accordance with the Convention, 
the procedures allow for the disclosure of confidential information to 
the WCPFC. Once such information is held by the WCPFC, access to the 
information will be governed by the policies and procedures adopted by 
the WCPFC.

Comment and Responses

    Public comments on the proposed rule, organized by subject, are 
summarized below, with responses from NMFS.

Authorization to Fish and Vessel Information

    Comment 1: NMFS proposes to charge $25 (or $5 per year) for the 
WCPFC Area Endorsement. Although this is a small amount relative to 
vessel revenues, NMFS does not provide adequate reasoning of why or how 
this amount will recoup administrative costs, resulting in the 
perception of NMFS attempting to ``nickel and dime'' U.S. fishing 
vessels. NMFS should not charge any fees for WCPFC Area Endorsements, 
but if NMFS insists, then it should describe in the final rule or EA 
how the total amount of monies received from area endorsement 
applications would offset administrative costs.
    Response: NMFS does not agree that an application fee should not be 
charged for WCPFC Area Endorsements. As stated in footnote 63 of the 
EA, the cost estimates for the application fee are based on the 
administrative cost burden incurred by NMFS, which is derived from 
agency practice and experience. The fee has been calculated in 
accordance with the NOAA Finance Handbook to recover the administrative 
costs of administering the permit program for WCPFC Area Endorsements, 
as authorized under section 506 of the WCPFC Implementation Act.
    Comment 2: The new information that will be solicited from vessel 
owners, including nationality of vessel master, vessel communication 
types, type of fishing or method, color photograph of the vessel, and 
carrying capacity, including freezer type, capacity and number, and 
fish hold capacity, could generate confusion regarding the units of 
measurement related to capacity, as well as confusion on the level of 
detail of the required information. NMFS should produce a comprehensive 
compliance guide for vessel owners to follow.
    Response: Clear instructions on the level of detail required, as 
well as the measurement units, will be included in the forms used to 
collect the required information. The requirements are also explained 
in the small entity compliance guide that has been prepared for this 
final rule, available at: http://www.fpir.noaa.gov/IFD/ifd_documents_data.html.
    Comment 3: In 50 CFR 300.212(g) and 300.213(a) the proposed 
regulations call for any changes to vessel information to be reported 
to the NMFS Pacific Islands Regional Administrator within 15 days of 
the change. This requirement would

[[Page 3339]]

be burdensome; 30 days would be much more manageable.
    Response: The proposed 15-day requirement is necessary to satisfy 
the provisions of the Convention and decisions of the WCPFC with 
respect to the obligations of the United States to notify the WCPFC of 
changes to information associated with U.S.-flagged vessels authorized 
to fish in the Convention Area. Furthermore, the proposed 15-day 
requirement is consistent with the existing, related, 15-day 
requirement for changes to application information for permits issued 
under the HSFCA (50 CFR 300.13(g)). The requirement at proposed section 
300.212(g) relates to application information for a WCPFC Area 
Endorsement, which would be issued supplemental to, and as an 
endorsement on, a permit issued under the HSFCA.

Vessel Monitoring System

    Comment 4: The proposed rule includes a requirement in Sec.  
300.219(c)(3)(iii) that prior to leaving port, a vessel owner and 
operator must ``receive verbal or written confirmation from NMFS that 
proper transmissions are being received from the VMS unit.'' The lack 
of availability of staff in the NOAA Office of Law Enforcement, Pacific 
Islands Division (``OLE-PID''), may cause an unreasonable loss of 
fishing time for fishing vessels, which do not operate on a 9 a.m. to 5 
p.m. basis and operate in various time zones. There should be a system 
that allows confirmation of VMS unit operation outside the regular 
office hours of OLE-PID. One suggestion is to allow a vessel to 
contact, and receive confirmation from, a representative of the VMS 
unit manufacturer, after which the vessel could contact and receive 
confirmation from OLE-PID once it opens for business.
    Response: The referenced requirement applies in the case that the 
vessel owner and operator have chosen to shut down the VMS unit while 
at port or otherwise not at sea. NMFS recognizes that the office hours 
of OLE-PID are somewhat constraining, but notes that the owner and 
operator of a fishing vessel need not wait until immediately prior to 
the port departure time to turn on the VMS unit and submit the on/off 
report to NMFS. In order to provide a few additional hours each day for 
these communication purposes, NMFS has made a revision to the final 
rule such that vessel owners and operators may submit the VMS unit on/
off reports to, and receive confirmations from, either OLE-PID or the 
NOAA Office of Law Enforcement's VMS Helpdesk. The contact information 
and business hours for the latter are: telephone: 888-219-9228; e-mail: 
[email protected]; 7 a.m. to 11 p.m., Eastern Time.
    Comment 5: Under the proposed rule, if a VMS unit fails while the 
vessel is at sea, the vessel owner, operator, or designee must contact 
OLE-PID by telephone, facsimile, or e-mail at the earliest opportunity 
during OLE-PID's business hours, identify the caller and vessel, and 
follow the instructions given by OLE-PID, which could include ceasing 
fishing, stowing fishing gear, returning to port, and/or submitting 
periodic position reports at specified intervals by other means. We 
expect that OLE-PID will be reasonable in the instructions it gives in 
these cases.
    Response: In determining what instructions to give to the operator 
of a fishing vessel whose VMS unit has failed while at sea, OLE-PID 
would take into account the specific circumstances of the case, and 
determine the appropriate course of action consistent with this rule.
    Comment 6: Given that albacore troll and baitboats are small, have 
little problems with bycatch, enforcement issues, or gear conflicts, 
land nearly all their fish on the U.S. west coast and document their 
catch in logbooks, and there are few marine protected areas in offshore 
regions where U.S. albacore troll vessels operate, how effective and 
useful will the required VMS data be?
    Response: The United States is obligated, as a Contracting Party to 
the Convention, to implement Article 24 of the Convention, which calls 
for each WCPFC member to require that its fishing vessels used to fish 
for highly migratory fish stocks on the high seas in the Convention 
Area use near real-time satellite position-fixing transmitters while in 
such areas. In addition, NMFS believes that requiring U.S. albacore 
troll vessels to carry VMS units would provide important information 
that will aid in scientific and compliance-related purposes.
    Comment 7: Why is it proposed that the VMS units have to be turned 
on 365 days per year? A declaration of departure and a check to see if 
the VMS unit is on should serve the purpose.
    Response: Under the proposed rule, as well as this final rule, the 
VMS unit can be shut down while the fishing vessel is at port or 
otherwise not at sea, provided that NMFS is notified both in advance of 
the shut-down and upon turning the VMS unit back on, and that prior to 
subsequently leaving port, the vessel owner and operator receive verbal 
or written confirmation from NMFS that proper transmissions are being 
received from the VMS unit.
    Comment 8: If the United States is requiring VMS units under the 
Convention then NOAA should pay for installation as in other fisheries. 
The U.S. albacore fleet is in economic distress and is an important 
component of the coastal rural economy; any new fees at this time would 
be detrimental to the family-owned U.S. albacore fleet and community at 
this time.
    Response: NMFS is indeed requiring that VMS units be carried in 
order to implement the provisions of the Convention, and NMFS 
recognizes that the proposed VMS requirements would bring new costs to 
businesses that operate HMS fishing vessels in the Convention Area. 
NMFS does not agree that the U.S. Government is responsible for 
covering the cost of coming into compliance with this rule, but notes 
that it has conducted an analysis of the impact of this rule on small 
entities, in accordance with the Regulatory Flexibility Act (see IRFA 
and FRFA). In addition, fishermen may be eligible for full or partial 
reimbursement for the required purchase costs of authorized VMS units, 
to the extent appropriations allow. Questions concerning reimbursement 
eligibility can be directed to the NOAA Office of Law Enforcement VMS 
Support Center at 888-219-9228, and further information is available on 
the Web site of the Pacific States Marine Fisheries Commission: http://www.psmfc.org/Vessel_Monitoring_System.
    Comment 9: According to the proposed rule and EA, 73 vessels would 
have to buy, install, and maintain VMS units as well as pay for VMS 
transmission costs. This would cost approximately up to $1,775 [per 
vessel] per year or $7,100 over the course of four years, which is a 
VMS unit's general lifespan. It does not make sense to break out the 
VMS unit cost by year, as the VMS unit itself costs approximately 
$4,000. The EA does not describe whether NMFS has pursued government 
funding to cover these costs for the 73 affected vessels. NMFS should 
find government funding to make this requirement equitable amongst 
fishery participants--the Western Pacific Regional Fishery Management 
Council strongly believes that NMFS should pay for the VMS costs for 
the two longline vessels operating out of the Commonwealth of the 
Northern Mariana Islands (CNMI), as well as for the albacore troll 
fleet. Furthermore, the proposed rule would require albacore trolling 
vessels to continue to transmit their VMS positions while fishing in 
the eastern Pacific Ocean (EPO). This seems particularly onerous and 
costly for this

[[Page 3340]]

fleet, especially since the proposed rule is in response to WCPFC 
measures. The proposed rule would also require that vessel operators 
provide NMFS with a notice when they power down in port and shut off 
power supply to their VMS unit. Vessel operators would also have to 
inform NMFS that they have powered back on and that they are going on a 
fishing trip. As this is not current practice, NMFS will need to 
develop a detailed outreach plan to inform fishery participants.
    Response: With respect to breaking out the VMS unit costs by year, 
NMFS annualized the estimated cost of purchasing and installing a VMS 
unit in order to express expected compliance costs in terms that could 
be compared with, and added to, the compliance costs of other aspects 
of the proposed requirements--that is, in annual terms (the annualized 
cost of a VMS unit that costs $4,000 to purchase and install and that 
has a lifespan of four years would be about $1,000).
    With respect to who should pay the costs of the VMS-related 
requirements, NMFS does not agree that NMFS or the U.S. Government is 
responsible for covering the costs, but notes that vessel owners might 
be eligible for reimbursement for the cost of VMS units under a program 
administered by the NOAA Office of Law Enforcement (for more 
information, see the response to comment 8, above).
    With respect to the costs and burden of having to transmit position 
reports via VMS while a vessel is fishing in the EPO, outside the 
Convention Area, NMFS considered alternatives that would not require 
such reporting (see the IRFA, FRFA, EA, and RIR, particularly 
Alternatives B and C in the latter two). Position reports will cost 
about $1.50 per day, so the annual VMS-related compliance costs of 
Alternative B, which would require position reports to be transmitted 
only while the vessel is on the high seas in the Convention Area, would 
be about $105-$285 less than under the proposed rule for albacore troll 
vessels, depending on where they fish. However, allowing the VMS unit 
to be turned on and off depending on where at sea the vessel is would 
make it more difficult to ensure that position reports are transmitted 
while in the Convention Area, which would reduce the effectiveness of 
the VMS. For that reason, NMFS believes that the benefits of the 
preferred alternative of requiring position reports everywhere at sea 
outweigh the burden.
    With respect to informing fishery participants about these new VMS-
related requirements, NMFS does not intend to prepare an ``outreach 
plan,'' but it has prepared a small entity compliance guide, available 
at http://www.fpir.noaa.gov/IFD/ifd_documents_data.html, for this 
purpose, and NMFS will use various means to reach out to fishery 
participants to ensure they are aware of the new requirements.

Vessel Observer Program

    Comment 10: The Western Pacific Regional Fishery Management Council 
strongly believes that NMFS should pay for the observer costs for the 
two longline vessels operating out of the CNMI, as well as for the 
albacore troll fleet.
    Response: NMFS has analyzed the costs of accommodating observers in 
the IRFA and has assessed its impacts on small entities. NMFS believes 
that these costs are reasonable and properly should be borne by vessels 
that accept the benefits of commercial fishing for HMS in the 
Convention Area.
    Comment 11: The EA is unclear on why alternatives were not 
identified or considered for implementation of the WCPFC observer 
program. The VMS category considered alternatives that would trigger 
VMS requirements if certain temporal and spatial characteristics were 
met. However, similar alternatives were [not] considered for the vessel 
observer program category. The EA does not provide any explanation on 
why NMFS has no discretion in implementing the WCPFC observer program. 
The observer requirements could be especially onerous for U.S. albacore 
fishermen who fish on relatively small vessels, and no reason is 
provided for potentially requiring them to carry observers when they 
may not be fishing in the Convention Area. NMFS should include and 
analyze this alternative that would avoid this situation in the Final 
EA.
    Response: The observer requirements in the rule implement the 
specific requirements of the WCPFC ROP set forth in Article 28 of the 
Convention. The requirements will apply to any U.S. vessel used for 
commercial fishing for HMS on the high seas in the Convention Area 
(i.e., a vessel that has, or that is required to have, a WCPFC Area 
Endorsement). As explained below, NMFS has clarified in this final rule 
that fishing vessels with WCPFC Area Endorsements will be required to 
accept and accommodate observers only on trips that take place 
partially or fully in the Convention Area. The compliance costs for the 
observer requirements have been estimated accordingly, as described in 
the RIR and IRFA and summarized in the EA.
    Chapters 1 and 2 of the EA set forth the discretionary provisions 
of the rule and the alternatives analyzed in the EA, while Appendix I 
of the EA describes the non-discretionary provisions of the rule. NMFS 
characterized the discretionary provisions as those for which 
reasonable and feasible alternatives could be considered and analyzed. 
As discussed in more detail in the response to Comment 27, below, the 
EA discussed the environmental impacts that could be caused by the non-
discretionary provisions of the rule as part of the cumulative impacts 
analysis. The purpose of the rule is for NMFS to develop and promulgate 
domestic fishery regulations to implement the provisions of the 
Convention that are ready for implementation, while the need for the 
rule is to satisfy the obligations of the United States under the 
Convention. Thus, alternatives that would impose requirements on vessel 
owners and operators that would go beyond the requirements specified 
under the Convention would be outside the scope of this rule. 
Correspondingly, alternatives that would impose requirements on vessel 
owners and operators that would be less restrictive than the 
requirements specified under the Convention would not meet the purpose 
of and need for the rule. NMFS did consider alternatives for the VMS 
requirements that would apply on broader temporal and spatial scales 
than the VMS requirements specified in the Convention. However, these 
alternatives were considered primarily in terms of their capability to 
enhance the enforcement of and compliance with the VMS requirements 
specified in the Convention, concerns not applicable to the observer 
requirements. Alternatives to the observer requirements set forth in 
the rule, such as an alternative that would require vessels with WCPFC 
Area Endorsements to carry observers when operating outside of the 
Convention Area, or an alternative that would allow particular vessels 
to operate without observers, would either exceed the scope of the rule 
or not meet the purpose of and need for the rule.
    Comment 12: With respect to the proposed vessel observer 
requirements, a clear list of questions that observers may 
appropriately ask should be developed and provided to vessel 
management, vessel operators, and observers. The proposed rule spells 
out the responsibilities of vessel operators and crew with respect to 
accommodating observers, but little information is provided on the 
expected

[[Page 3341]]

behavior and responsibilities of observers.
    Response: This final rule does not establish any new reporting 
requirements with respect to WCPFC observers.
    With regard to the expected behavior and responsibilities of 
observers, under the WCPFC ROP, WCPFC observers must be trained to 
specified minimum standards, and they are obligated to behave and 
perform in conformance with principles and guidelines specified in the 
WCPFC Conservation and Management Measure for the Regional Observer 
Programme (Conservation and Management Measure 2007-01, available at: 
http://www.wcpfc.int/conservation-and-management-measures). In the case 
that a WCPFC observer is deployed as part of a NMFS observer program, 
NMFS would work to ensure that the observer behaves and performs in 
conformance with those principles and guidelines. If the WCPFC observer 
is deployed under some other program, such as the FFA observer program, 
NMFS would work with the personnel in that program, as well as in the 
WCPFC, to ensure, to the extent possible, that that program's observers 
behave and perform in conformance with the principles and guidelines 
established in the WCPFC ROP.
    Comment 13: In order to provide timely feedback to vessel 
operators, which would improve their observer responsibilities, 
observers should be debriefed at the end of each fishing trip, such as 
by NMFS staff in the presence of the vessel captain.
    Response: NMFS agrees that debriefings are important and should be 
an element of the WCPFC ROP. However, WCPFC observers are not 
necessarily deployed by NMFS or otherwise in the employ of the U.S. 
Government, so NMFS is not able to mandate that observer debriefings 
occur or that vessel captains be allowed to attend such debriefings. 
Instead, such provisions would have to be incorporated into the WCPFC 
ROP, the applicable provisions of which NMFS would then implement as 
needed. As part of U.S. delegations to the WCPFC, NMFS will keep this 
comment under consideration as the WCPFC further develops the WCPFC 
ROP.
    Comment 14: The cost of carrying an observer is estimated in the 
IRFA to cost $20 per day, which, at a 5% coverage rate, would total 
$350 per trip, depending on the length of the trip. But because 
albacore vessels operating west of 150[deg] W. long. would be at sea 
for 25 to 100 days, the cost would be more like $400 to $2,000 per 
trip. These costs should be clarified and a cap of $350 per trip should 
be considered.
    Response: It is stated in the IRFA that at a daily cost of $20, a 
5% coverage rate, and 170 to 350 days at sea per year, the annual (not 
per-trip) cost would be $170 to $350. This is an estimate of average 
annual costs; the cost would be greater in a year in which a vessel was 
required to carry an observer on more than 5% of its sea-days, and the 
cost would be less in a year in which the vessel was required to carry 
an observer on less than 5% of its sea-days. The estimated cost of an 
observed trip 100 days long would indeed be about $2,000, as indicated 
by the commenter. NMFS believes it to be appropriate that vessel owners 
and operators bear the entirety of these costs and that a cap is not 
appropriate.
    Comment 15: Most albacore vessels are small compared to longline 
and purse seine vessels; a typical vessel operating west of 150[deg] W. 
long. would be 50-100 feet in length and have a crew of 2-3 persons; 
most of the vessels in the 50-65-foot range have limited space for 
observers, especially on extended trips.
    Response: NMFS recognizes that some fishing vessels have limited 
space and small crew sizes. If NMFS determines that deploying an 
observer on a particular vessel would compromise the safety of the 
observer or the vessel crew, it would not deploy the observer.
    Comment 16: Considering that albacore troll vessels may be at sea 
for 25 to 100 days at a time and operate in a fishery with virtually no 
environmental or regulatory impacts, how practical is it to carry an 
observer?
    Response: One of the purposes of deploying observers under the 
WCPFC ROP is to gather information that can be used to characterize 
fishing activities and their impacts on living marine resources. As 
more information is gathered and better characterizations are developed 
in a given fishery, such as the albacore troll fishery, NMFS expects 
that the coverage rate in that fishery would be adjusted by the WCPFC 
accordingly.
    Comment 17: Albacore troll vessels operate at least 7-10 days away 
from any harbor and travel at only 7-9 knots; aborting a trip because 
of a health or other problem with an observer would be problematic; who 
would reimburse the vessel for potentially two to three weeks of lost 
time?
    Response: NMFS recognizes that there may be instances in which the 
presence of an observer on board a fishing vessel could influence the 
course of a fishing trip. NMFS, however, believes that these 
occurrences will be rare. Accordingly, the final rule does not include 
any provisions for reimbursing or otherwise compensating vessel owners 
or operators for any losses incurred in such instances.

Vessel Identification

    Comment 18: The proposed vessel identification requirements, which 
in the case of a vessel that has not been assigned an international 
radio call sign require that the vessel's Federal, State or other 
documentation number be preceded by the letters ``USA'', might be a 
problem for some smaller albacore vessels because of space, 
particularly given that under the U.S.-Canada Albacore Treaty U.S. 
vessels are already required to put a ``U'' after the vessel's U.S. 
Coast Guard Documentation number or state registration number.
    Response: The rule specifies minimum heights of the letters and 
numbers to be marked on the vessel that are proportional to the length 
of the vessel. The rule also specifies minimum widths of strokes, 
minimum hyphen lengths, and minimum sizes of the spaces between letters 
and numbers, all of which are expressed in terms of the letter height. 
In other words, the size specifications for the vessel markings 
explicitly take boat length into consideration.
    It should also be noted that the vessel identification requirements 
under the U.S.-Canada Albacore Treaty (at 50 CFR 300.173) conflict with 
the vessel identification requirements established in this rule, and 
because of that, the requirements in this rule will become effective 
only when the requirements at 50 CFR 300.173 have been revised so as to 
remove the conflict.

Transshipment Restrictions

    Comment 19: The proposed rule's prohibition on purse seine 
transshipments at sea is appropriate. However, NMFS should provide 
information on the impact of the proposed rule's prohibition on purse 
seine transshipments at sea and also describe if the U.S. fleet has 
historically transshipped, including the locations of such 
transshipments, in past years.
    Response: As described in the IRFA and RIR, U.S. purse seine 
vessels are already subject to substantial restrictions on at-sea 
transshipments under the SPTA, and U.S. purse seine vessels 
consequently do not, in practice, transship at sea. Accordingly, this 
requirement is not expected to bring a new compliance burden on 
affected fishermen or otherwise cause any impacts on purse seine 
transshipments at sea.

[[Page 3342]]

Reporting and Recordkeeping

    Comment 20: The proposed rule would require any U.S. commercial 
fishing vessel fishing for HMS anywhere in the Pacific Ocean to submit 
catch and effort information to NMFS. The preamble to the proposed rule 
indicates that these reporting requirements are already met by 
reporting requirements established under the MSA, the HSFCA, the Tuna 
Conventions Act of 1950, the SPTA, the implementing legislation for the 
U.S.-Canada Albacore Treaty, as well as relevant State reporting 
requirements. The proposed rule and EA do not include detailed 
information to verify NMFS' indication that this is applicable to 5,000 
vessels, nor do they discuss in detail how NMFS is currently obtaining 
this important information.
    Response: The proposed rule and EA include what NMFS believes to be 
sufficient detail to explain the proposed requirements and their basis 
and to assess their impacts. The rule at 50 CFR 300.218 details the 
specific regulations that contain the applicable catch and effort 
reporting requirements.

Compliance With the Laws of Other Nations

    Comment 21: The proposed rule's requirement for owners and 
operators to comply with laws of other nations is appropriate. However, 
the EA does not provide any current or historical information on the 
number of U.S. vessels that fish in the exclusive economic zones of 
other member nations. To get a better understanding on the issue, the 
Final EA should include this information.
    Response: Annex III, Article 2 of the Convention sets forth the 
specific provisions for complying with national laws that are being 
implemented in this rule. Providing current or historical information 
on the number of U.S. vessels that fish in the exclusive economic zones 
of other WCPFC members in the EA would not provide information relevant 
to the analysis or affect the proposed action. See the IRFA and FRFA 
for estimates of the numbers of vessels and small entities to which 
this requirement will apply.

Facilitation of Enforcement and Inspection

    Comment 22: The proposed rule states that the operator of any U.S. 
fishing vessel must accept and assist boarding and inspection by 
contracting parties of the WCPFC. As there are U.S. vessels that have 
Pacific Remote Island Areas bottomfish, lobster, and troll permits, 
NMFS should provide information to these vessel operators so that they 
are aware of potential boarding and inspection by non U.S. parties. The 
final rule and Final EA should describe this outreach as well as the 
number and type of other U.S. fishing vessels that could be subject to 
non-U.S. boarding and inspection.
    Response: NMFS will endeavor to ensure that all affected U.S. 
fishing vessels are aware of this new requirement, such as by making 
copies of this final rule and its associated small entity compliance 
guide available to affected permit holders.
    Comment 23: In the case of a high seas boarding and inspection of a 
U.S. vessel, NMFS or the U.S. Coast Guard should establish and maintain 
communication with the U.S. vessel during the boarding and inspection 
and should also follow up with the vessel afterwards to ascertain if 
any problems occurred. NMFS should also provide guidelines for U.S. 
vessel operators to follow in the event of a boarding on the high seas 
by a WCPFC member nation.
    Response: U.S. Government entities such as NMFS and the U.S. Coast 
Guard will establish and maintain communications with U.S. vessels as 
required under applicable laws and in accordance with agency policies 
and practices. This rule establishes the requirements with which U.S. 
vessel operators must comply in the event of a boarding and inspection 
undertaken pursuant to WCPFC procedures. These requirements are also 
explained in the small entity compliance guide prepared for this rule, 
available at http://www.fpir.noaa.gov/IFD/ifd_documents_data.html.

Confidentiality of Information

    Comment 24: The proposed rule and the EA offer no details on how 
the proposed procedures regarding the confidentiality of information 
vary or are consistent with current procedures, what specific 
procedures will be followed, or what specific information will be 
protected. Without this information, it is not possible to comment on 
this issue. All information submitted by or collected from vessel 
owners, operators, or crew must be treated as confidential business 
information and not released in any manner that reveals the identities, 
operations, or fishing locations of any individual vessel. Fishing 
operations, locations, and catches are considered to be proprietary 
business information and must be treated as such. Furthermore, the EA 
should discuss the current status of agreements within the WCPFC with 
respect to confidential information.
    Response: NMFS does not believe that any of this further 
information was or is needed in the proposed rule or the EA. The 
procedures established in this rule regarding the confidentiality of 
information are consistent with, and implement, the requirements of the 
WCPFC Implementation Act, specifically section 506(d). The provisions 
of that section are substantially similar to the information 
confidentiality provisions of the MSA. Accordingly, the procedures 
established in this rule are substantially similar to the procedures 
established under the MSA (see 50 CFR part 600, subpart E), but 
tailored to conform to the provisions of the WCPFC Implementation Act. 
With respect to agreements with the WCPFC, there are no bilateral 
agreements between the U.S. Government and the WCPFC with respect to 
confidential information, such as an agreement that would prevent 
public disclosure of the identity or business of any person, as 
referred to in section 506(d)(1)(B) of the WCPFC Implementation Act. 
However, information held by the WCPFC is subject to rules and 
procedures concerning the protection of, access to, and dissemination 
of WCPFC-held data. These rules and procedures are available at: http://www.wcpfc.int/guidelines-procedures-and-regulations.

Other

    Comment 25: The definition of ``fishing'' should not include 
activities that take place in port, such as transshipping. The proposed 
definition, which would include transshipment, could improperly cause 
days in port to be counted against available fishing days.
    Response: The definition of ``fishing'' in the regulations must be 
consistent with the definition in the WCPFC Implementation Act, which 
specifies that ``fishing'' includes transshipment, but only ``at sea.'' 
Accordingly, NMFS has revised the definition of ``fishing'' in the 
final rule to clarify that it includes transshipment, but only at sea.
    Comment 26: Carriers and refueling vessels should not be treated as 
fishing vessels in virtually all ways; the United States should be 
careful to not impose more regulations on these vessels than are 
required; we hope the United States will continue to negotiate 
reasonable working arrangements for these vessels.
    Response: The definition in this rule of ``fishing vessel'' 
includes carriers and bunkering and other support vessels, consistent 
with the definition of ``fishing vessel'' in the WCPFC Implementation 
Act. The scope of the regulations established in this rule as they 
relate to carriers and bunkers is consistent with the provisions of the 
Convention and

[[Page 3343]]

the decisions of the WCPFC. NMFS, as part of U.S. delegations to the 
WCPFC, will continue to promote conservation and management measures 
that include appropriate and reasonable requirements for carriers and 
bunkers.
    Comment 27: Overall, the EA should be improved to discuss the 
impact of the ``non-discretionary'' obligations.
    Response: The EA addressed the ``non-discretionary'' provisions of 
the rule as part of the cumulative impacts analysis, as specified in 
Section 4.2.13 of the EA. The non-discretionary provisions would impose 
a financial burden on fishermen that is minor relative to the total 
gross revenue earned by each fishing vessel. Table 40 of the EA details 
this financial burden. Accordingly, the financial burden of the non-
discretionary provisions in addition to the financial burden imposed on 
fishermen from the discretionary provisions, would enhance the 
likelihood and/or magnitude of the expected environmental impacts of 
the discretionary provisions of the rule (which are detailed in the 
EA), but only slightly so.
    Comment 28: Table 41 of the EA indicates that NMFS contacted the 
Western Pacific Regional Fishery Management Council (Council) for 
information, but the Council has no record of this.
    Response: As indicated in Section 1.3 of the EA, NMFS published a 
Notice of Intent (NOI) to prepare the EA in the Federal Register on 
February 26, 2007. During the time between the publication of the NOI 
and issuance of the EA, NMFS informally discussed the scope and 
contents of the EA with Council staff who have NEPA expertise. Thus, 
NMFS believed it appropriate to list the Council as a party that was 
contacted for information in Table 41 of the EA.
    Comment 29: It is vital to the survival of the U.S. purse seine 
fleet that the United States negotiate measures in regional fisheries 
management organizations (RFMO) that impose a comparable burden on all 
participants in the fishery, and that U.S. fishermen do not bear an 
unfair amount of the conservation burden. Furthermore, it is critical 
to the survival of the U.S. purse seine fleet that domestic regulations 
implementing RFMO measures not be significantly more burdensome on the 
U.S. fleet than those imposed on the fleet's foreign competitors. Also, 
it is the responsibility of the U.S. Government to ensure that other 
governments implement substantially similar rules and regulations, and 
the U.S. Government should promptly give notice to the appropriate RFMO 
of any shortcomings in the regulations and enforcement by other member 
countries of the RFMO.
    Response: This comment does not pertain to the proposed rule 
itself. NMFS, as part of U.S. delegations to the WCPFC and other RFMOs, 
shares the view that all participants in affected fisheries should 
share comparable burdens when seeking to achieve conservation and 
management objectives, and NMFS applies this principle in its role as 
part of U.S. delegations to the WCPFC and other RFMOs. As part of such 
U.S. delegations, NMFS routinely endeavors to determine whether all 
RFMO members are satisfying their obligations to implement the 
decisions of the RFMOs, and to alert the RFMOs, as appropriate, about 
any shortcomings in such implementation.

Changes From the Proposed Rule

    In the proposed regulations, regulatory instruction (3) said that 
``Subpart O, consisting of Sec. Sec.  300.210 through 200.222, is added 
to part 300 to read as follows:'' The instruction was meant to read ``* 
* * consisting of Sec. Sec.  300.210 through 300.222 * * *'' and the 
corresponding instructions in this final rule are corrected 
accordingly.
    The proposed rule that led to this final rule would have 
established a new subpart O in part 300 of title 50 of the Code of 
Federal Regulations, titled ``Western and Central Pacific Fisheries for 
Highly Migratory Species.'' However, on August 4, 2009, after 
publication of that proposed rule, NMFS published in the Federal 
Register a final rule to implement certain decisions of the WCPFC (74 
FR 38544). That final rule (called here the ``WCPFC purse seine rule'') 
established subpart O in part 300 of title 50, including some of the 
definitions and certain other regulations that would have been 
established in the proposed rule for this action. Consequently, the 
regulations in this final rule are written as amendments to the 
sections in subpart O, and since some of the regulations in the 
proposed rule for this action have already been established in the 
WCPFC purse seine rule, they need not be included in this final rule. 
Specifically, the following elements of the regulations in the proposed 
rule for this action are not included in this final rule: Sec.  
300.210, ``Purpose and scope,'' in its entirety; in Sec.  300.211, 
``Definitions,'' the introductory sentence and the definitions for all 
the terms needed in the WCPFC purse seine rule; in Sec.  300.215, 
``Observers,'' all of paragraph (c) except the sentence ``All fishing 
vessels subject to this section must carry a WCPFC observer when 
directed to do so by NMFS'' (which has been further revised--see 
below); and in Sec.  300.222, ``Prohibitions,'' the introductory 
sentence.
    In Sec.  300.211, ``Definitions,'' the definition of ``Fishing'' 
has been revised to clarify that it includes transshipment only if the 
transshipment takes place at sea.
    In Sec.  300.212, ``Vessel permit endorsements,'' the following 
statement has been removed from paragraph (c)(3), which relates to the 
requirement that a photograph of the subject vessel be included with 
the application for a WCPFC Area Endorsement: ``A vessel photograph 
submitted as part of an application for a high seas fishing permit will 
be deemed to satisfy the requirement under this section, provided that 
it clearly shows that the vessel is marked in accordance with the 
vessel identification requirements of Sec.  300.217 and it meets the 
specifications prescribed on the WCPFC Area Endorsement application 
form.'' This statement was included in the proposed rule in 
anticipation that the high seas fishing permit application requirements 
under 50 CFR 300.13 might be revised to require that the applicant 
provide a vessel photograph. The high seas permit application 
requirements have not been revised in that manner, so the statement has 
been removed from this final rule. Also in Sec.  300.212, paragraph (f) 
has been revised to clarify that a WCPFC Area Endorsement shall be void 
whenever the underlying high seas fishing permit is void, ``suspended, 
sanctioned or revoked,'' and ``is also subject to suspension or 
revocation independent of the high seas fishing permit.''
    In Sec.  300.215, ``Observers,'' paragraph (c) has been clarified 
to say that the requirement to carry a WCPFC observer when directed to 
do so by NMFS is limited to fishing trips during which the fishing 
vessel at any time enters or is within the Convention Area.
    In Sec.  300.216, ``Transshipment,'' paragraph (b) has been 
clarified to say that the restrictions apply to transshipments from 
purse seine fishing vessels ``of the United States'' and to 
transshipments from purse seine fishing vessels to fishing vessels ``of 
the United States.''
    In Sec.  300.217, ``Vessel identification,'' a new paragraph (c) 
has been added to say that the section does not apply to fishing 
vessels that are subject to the vessel identification requirements of 
50 CFR 300.173 or 660.704 until conflicts with those requirements are 
reconciled, and only upon publication in the Federal Register of a 
notice or final rule that includes a statement to that effect.

[[Page 3344]]

    In Sec.  300.218, ``Reporting and recordkeeping,'' paragraph (a)(1) 
has been clarified to say that the requirements of the section apply to 
fishing vessels ``of the United States'' used for commercial fishing 
for HMS in the Pacific Ocean.
    In Sec.  300.219, ``Vessel monitoring system,'' paragraph (a) has 
been revised to include the NOAA Office of Law Enforcement's VMS 
Helpdesk as a contact for the purpose of submitting on/off reports. 
Also in Sec.  300.219, several references to ``NMFS'' have been 
replaced by ``the SAC'' in order to clarify that certain communications 
from NMFS can be expected to be received specifically from the SAC, 
which is the Special-Agent-In-Charge, NOAA Office of Law Enforcement, 
Pacific Islands Division, or a designee.
    In Sec.  902.1(b) of title 15 of the Code of Federal Regulations, 
which includes a table listing control numbers issued by the Office of 
Management and Budget (OMB) for collections of information required 
under NOAA regulations, new entries have been added for the OMB control 
numbers approved for the information collections required under 
Sec. Sec.  300.212, 300.213, and 300.219 of title 50 of the Code of 
Federal Regulations.

Delegation of Authority

    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the Under Secretary for Oceans and Atmosphere has delegated authority 
to sign material for publication in the Federal Register to the 
Assistant Administrator for Fisheries, NOAA.

Classification

    The NOAA Assistant Administrator for Fisheries has determined that 
this final rule is consistent with the WCPFC Implementation Act and 
other applicable laws.

National Environmental Policy Act

    NMFS prepared an Environmental Assessment (EA) that discusses the 
expected impacts that implementation of the rule would have on the 
environment. NMFS issued a draft version of the EA for public review 
and comment in conjunction with the proposed rule. Comments on the 
draft EA have been addressed in the preamble to the final rule. The 
final version of the EA is available at http://www.fpir.noaa.gov/IFD/ifd_documents_data.html. NMFS analyzed four action alternatives as 
well as the no-action, or baseline, alternative in the EA. The action 
alternatives include the provisions of the rule that are discretionary 
in nature (i.e., the provisions that allow NMFS discretion in the 
methods and means to implement them), while the other provisions of the 
rule were analyzed as part of the cumulative impacts analysis. The 
primary environmental effect of any of the action alternatives is that 
implementation of the requirements would make it more costly to fish, 
and thus, there could be a disincentive to fish, at least in the area 
of application of the requirements. However, the disincentive to fish 
would be expected to be minor for the majority of affected vessels. At 
most, the disincentive to fish could result in slight decreases in 
longline and/or albacore troll fishing effort on the high seas in the 
area of application of the Convention, and correspondingly slight 
increases in other areas. None of the requirements would directly 
control fishing practices per se, such as how much fishing effort is 
exerted, how much of a given resource may be caught, where fishing may 
take place, what type of fishing gear may be used, or how fishing gear 
may be deployed. None of the action alternatives would authorize or 
open the possibility for a new fishery or expand fishing opportunities. 
None of the action alternatives would be anticipated to result in an 
increase in fishing effort in the area of application of the 
Convention, and none would be expected to result in marked changes in 
fishing patterns anywhere. The non-discretionary provisions of the rule 
analyzed as part of the cumulative impacts analysis would also make it 
more costly to fish, and thus, would enhance the likelihood and/or 
magnitude of the expected impacts of the action alternatives, but only 
slightly so. The contribution to cumulative environmental impacts on 
the affected environment from any of the provisions in the rule would 
be minor. The final rule implements Alternative D, because it would 
achieve what NMFS believes is the best balance between the compliance 
costs that would be imposed on fishermen and the effectiveness of the 
resulting management regime. Based on the analysis in the EA, NMFS has 
determined that there will be no significant impact on the human 
environment as a result of this rule.
    The economic impacts of the rule are addressed in the EA only 
insofar as they are related to impacts to the biophysical environment. 
They are addressed more fully in the RIR, IRFA, and FRFA. A copy of the 
EA is available from NMFS (see ADDRESSES).

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    NMFS prepared a final regulatory flexibility analysis (FRFA) for 
the rule, Initial Implementation of the Western and Central Pacific 
Fisheries Convention. The FRFA incorporates the IRFA prepared for the 
proposed rule (74 FR 23965; May 22, 2009; available from NMFS--see 
ADDRESSES). The analysis provided in the IRFA is not repeated here in 
its entirety.
    The need for, reasons why action by the agency is being considered, 
and the objectives of the action are explained in the preambles to the 
proposed rule and final rule and are not repeated here. There are no 
disproportionate economic impacts between small and large vessels 
resulting from this final rule. Furthermore, there are no 
disproportionate economic impacts from this rule based on vessel size, 
gear, or homeport. The new recordkeeping or reporting requirements in 
this rule, as well as other compliance requirements, are described in 
the IRFA. This final rule is issued under authority of the WCPFC 
Implementation Act.

Description of Small Entities to Which the Rule Will Apply

    This final rule will apply to owners and operators of U.S. vessels 
used for fishing in the Pacific Ocean. Most elements of the proposed 
rule will apply to smaller subsets of that pool of vessels, as shown in 
Table 1. The numbering of the elements in Table 1 corresponds to the 
numbering used in the descriptions earlier in this section of the 
preamble. Table 1 also shows estimates of the numbers of vessels, 
broken down by vessel type where possible, to which each element of the 
rule will apply. Based on available financial information about the 
affected fishing fleets, NMFS believes that with the exception of most 
vessels in the purse seine and carrier and support vessel fleets, 
virtually all the affected vessels are owned by small business entities 
(i.e., they have gross annual receipts of no more than $4.0 million). 
In the purse seine fleet, NMFS believes that as many as 10 of the 
affected vessels are owned by small entities. In the carrier and 
support vessel fleet, NMFS believes that no vessels are owned by small 
entities. The estimated numbers of small entities that will be affected 
by each element of the rule are shown in parentheses in the last column 
of Table 1.

[[Page 3345]]



     Table 1--Descriptions and Numbers of Vessels and Small Entities to Which the Proposed Rule Would Apply
----------------------------------------------------------------------------------------------------------------
                                         Description of
      Element of proposed rule          vessels to which     Estimated number of vessels (and small entities) to
                                      element would apply                 which element would apply
----------------------------------------------------------------------------------------------------------------
1. Authorization to fish...........  Vessels used for       Longline 139 (139).
                                      commercial fishing    Purse seine 40 (10).
                                      for HMS on high seas  Troll 69 (69).
                                      in Convention Area.   Support 5 (0).
                                                            Total 253 (218).
2a. Vessel information--high seas..  Vessels used for       Longline 139 (139).
                                      commercial fishing    Purse seine 40 (10).
                                      for HMS on high seas  Troll 69 (69).
                                      in Convention Area.   Support 5 (0).
                                                            Total 253 (218).
2b. Vessel information--foreign      Vessels used for       Longline, troll, support 20 (20).
 jurisdictions.                       commercial fishing    Purse seine 40 (10).
                                      for HMS in foreign    Total 60 (30).
                                      jurisdictions in
                                      Convention Area.
3. VMS.............................  Vessels used for       Longline 139 (139).
                                      commercial fishing    Purse seine 40 (10).
                                      for HMS on high seas  Troll 69 (69).
                                      in Convention Area.   Support 5 (0).
                                                            Total 253 (218).
4. Vessel observer program.........  Vessels used for       Longline 139 (139).
                                      commercial fishing    Purse seine 40 (10).
                                      for HMS on high seas  Troll 69 (69).
                                      in Convention Area.   Support 5 (0).
                                                            Total 253 (218).
5. Vessel identification...........  Vessels used for       Longline 139 (139).
                                      commercial fishing    Purse seine 40 (10).
                                      for HMS on high seas  Troll 69 (69).
                                      in Convention Area.   Support 5 (0).
                                                            Total 253 (218).
6. Transshipment restrictions......  Purse seine vessels    Longline 0 (0).
                                      used for fishing in   Purse seine 40 (10).
                                      Convention Area and   Troll 0 (0).
                                      vessels used to       Support 5 (0).
                                      receive fish in       Total 45 (10).
                                      Convention Area.
7. Reporting and recordkeeping.....  Vessels used for       Total 5,000 (5,000).
                                      commercial fishing
                                      for HMS in Pacific
                                      Ocean.
8a. Compliance with the laws of      Vessels used for       Longline 139 (139).
 other nations--high seas.            commercial fishing    Purse seine 40 (10).
                                      for HMS on high seas  Troll 69 (69).
                                      in Convention Area.   Support 5 (0).
                                                            Total 253 (218).
8b. Compliance with the laws of      Vessels used for       Longline, troll, support 20 (20).
 other nations--jurisdictions of      commercial fishing    Purse seine 40 (10).
 other WCPFC members.                 for HMS in areas      Total 60 (30).
                                      under the
                                      jurisdiction of
                                      other WCPFC members.
9a. Facilitation of enforcement and  Vessels used for       Longline 139 (139).
 inspection--HMS fishing.             commercial fishing    Purse seine 40 (10).
                                      for HMS in the        Troll 69 (69).
                                      Convention Area on    Support 5 (0).
                                      high seas or in       Total 253 (218).
                                      areas under the
                                      jurisdiction of
                                      other nations.
9b. Facilitation of enforcement and  Fishing vessels used   Longline 139 (139).
 inspection--all fishing.             on high seas in       Purse seine 40 (10).
                                      Convention Area.      Troll 69 (69).
                                                            Support 5 (0).
                                                            Total 253 (218).
10. Confidentiality of information.  None.................  Longline 0 (0).
                                                            Purse seine 0 (0).
                                                            Troll 0 (0).
                                                            Support 0 (0).
                                                            Total 0 (0).
----------------------------------------------------------------------------------------------------------------

Steps Taken To Minimize the Significant Economic Impact on Small 
Entities

    NMFS explored alternatives that would achieve the objective of this 
action (to satisfy the international obligations of the United States 
under the Convention and accomplish the objectives of the WCPFC 
Implementation Act) while minimizing economic impacts on small 
entities. As described in the IRFA, NMFS has limited discretion as to 
how to implement the provisions of the Convention and the decisions of 
the WCPFC. Consequently, NMFS was able to identify alternatives that 
would satisfy the Convention's provisions for only four elements of the 
rule, as identified in the IRFA: Element (1),

[[Page 3346]]

authorization to fish; element (2), vessel information; element (3), 
VMS; and the high seas boarding and inspection component of element 
(9), facilitation of enforcement and inspection. NMFS was not able to 
identify any additional alternatives that would minimize significant 
economic impacts on small entities while satisfying the obligations of 
the United States under the Convention. The alternatives considered in 
the IRFA, and the reasons for preferring one over another, are 
summarized below.
    With respect to element (1), authorization to fish, one alternative 
would be to rely on the existing high seas fishing permit requirement 
under the HSFCA (that requirement applies to the high seas globally, 
not just the high seas in the Convention Area), rather than 
establishing an additional authorization requirement. Although this 
would be less costly to affected small entities than the proposed 
action, this alternative would fail to identify the pool of vessel 
owners and operators interested in fishing on the high seas in the 
Convention Area and subject to all the other Convention-related 
requirements. As a consequence, it would be difficult to conduct 
effective outreach and enforcement activities to achieve a high level 
of compliance with those requirements. For that reason, this 
alternative was rejected. A second alternative would be to create a new 
stand-alone permit (WCPFC Area Permit) that would be required for any 
vessel used for commercial fishing for HMS on the high seas in the 
Convention Area but which, unlike the proposed WCPFC Area Endorsement 
(which would be an endorsement on a high seas fishing permit), would 
not be related in any way to the high seas fishing permit. This would 
be slightly more costly to affected small entities than the WCPFC Area 
Endorsement. For that reason, this alternative was rejected.
    With respect to element (2), vessel information, one alternative 
would be to collect the needed information separately from any permit 
requirement; that is, as a stand-alone requirement for vessel owners to 
submit specified information to NMFS. The cost to affected small 
entities would be about the same as that of the proposed action, but 
because it would not be tied to obtaining a fishing authorization, 
compliance with this alternative would likely be poorer than for the 
proposed action. For that reason, this alternative was rejected. A 
second alternative would be to collect the needed information via the 
application for a WCPFC Area Permit. The cost to affected small 
entities under this alternative would be about the same as that of the 
proposed action, but because the cost of the WCPFC Area Permit 
alternative would be slightly more costly to affected small entities 
than the WCPFC Area Endorsement alternative (see above), this 
alternative was rejected.
    With respect to element (3), VMS, one alternative would be to 
require that VMS units be carried and operated on vessels used for 
commercial fishing for HMS on the high seas in the Convention Area, but 
only when the subject vessel is actually on the high seas in the 
Convention Area. This could be slightly less costly to affected small 
entities because they would be allowed to turn off the VMS unit when 
not on the high seas in the Convention Area, but because vessel 
operators would be allowed to operate in many areas with their VMS 
units disabled, compliance with this alternative while on the high seas 
in the Convention Area would be expected to be lower than under the 
proposed action. That is, it is expected that more vessels would 
operate within the Convention Area more often without operating their 
VMS units. For that reason, this alternative was rejected. A second 
alternative would be to require that VMS units be carried and operated 
on vessels used for commercial fishing for HMS during the entirety of 
any trip that includes the high seas in the Convention Area. Like the 
previous alternative, this could be slightly less costly to affected 
small entities than the proposed action, but for the same reasons cited 
for the previous alternative, compliance with this alternative would 
likely be poorer than for the proposed action. For that reason, this 
alternative was rejected. A third alternative would be to require that 
a VMS unit be carried and operated at all times on any vessel with a 
WCPFC Area Permit. The costs to affected small entities under this 
alternative would be slightly more than under the proposed action. For 
that reason, and because the WCPFC Area Permit alternative would be 
slightly more costly to affected small entities than the WCPFC Area 
Endorsement alternative (see above), this alternative was rejected.
    With respect to the high seas boarding and inspection component of 
element (9), facilitation of enforcement and inspection, one 
alternative would be to require that only operators of vessels used to 
fish for HMS (rather than for any species, as being proposed) on the 
high seas in the Convention Area accept and facilitate boarding and 
inspection by authorized inspectors of other members of the WCPFC. The 
number of affected small entities would be smaller than under the 
proposed action. However, since the inspectors of other members of the 
WCPFC may not be able to readily distinguish U.S. vessels used for 
fishing for HMS (which the WCPFC's boarding and inspection regime is 
designed to target) from other U.S. fishing vessels, an effective 
boarding regime may require that U.S. fishing vessels in the latter 
category accept boarding from inspection vessels of other members of 
the WCPFC in order to verify the fishing vessel's status. By applying 
this requirement to all U.S. fishing vessels, not just those used for 
fishing for HMS, non-HMS U.S. fishing vessels would be more prepared 
for the prospect of being boarded and inspected. As a consequence of 
such preparation, any boardings and inspections of non-HMS U.S. fishing 
vessels would be more likely to be completed quickly and without 
misunderstandings and the potential for conflict. NMFS believes that 
the proposed action would be safer and less costly to small entities 
than the alternative of applying the requirement only to operators of 
vessels used to fish for HMS. For that reason, the alternative of 
applying this requirement to just those vessels used for fishing for 
HMS was rejected.
    The alternative of taking no action at all was rejected because it 
would fail to accomplish the objective of the WCPFC Implementation Act 
or satisfy the international obligations of the United States as a 
Contracting Party to the Convention.
    The selected alternative would satisfy the international 
obligations of the United States as a Contracting Party to the 
Convention and thereby accomplish the objective of the WCPFC 
Implementation Act, and do so with minimal adverse economic impacts on 
small entities, and for these reasons was adopted in the final rule.

Comments and Responses on the IRFA

    NMFS received a number of comments on the proposed rule that 
pertained to information in the IRFA. These were comments 7, 8, 9, 10, 
11, 14, 15, 16, 17, 18, 19, 20, 22, and 23, as presented in a previous 
section of this preamble. These comments, and NMFS' responses, are 
incorporated by reference into this FRFA.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such

[[Page 3347]]

publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. As part of this rulemaking process, a small 
entity compliance guide (the guide) has been prepared. The guide will 
be sent to all holders of relevant fishing permits and licenses. Copies 
of this final rule and the guide are available from NMFS (see 
ADDRESSES) and are available at: http://www.fpir.noaa.gov/IFD/ifd_documents_data.html.

Paperwork Reduction Act

    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). The collection of this 
information has been approved by the Office of Management and Budget 
(OMB) under OMB Control Numbers 0648-0595 (vessel information 
requirements) and 0648-0596 (VMS requirements). The public reporting 
burden for the vessel information requirements is estimated to average 
60 minutes per WCPFC Area Endorsement application, with about one 
application per five years per respondent (i.e., 12 minutes per 
respondent per year, on average); and about 90 minutes per Foreign EEZ 
Form, with about one form per five years per respondent (i.e., 18 
minutes per respondent per year, on average). The public reporting 
burden for the VMS requirements is estimated to average 5 minutes per 
activation report, with about one activation report per two years per 
respondent (i.e., 2.5 minutes per respondent per year, on average); 5 
minutes per on/off report, with about 10 on/off reports per year per 
respondent (i.e., 50 minutes per respondent per year, on average); 4 
hours per VMS unit purchase and installation, with about one purchase 
and installation per four years per respondent (i.e., 1 hour per 
respondent per year, on average); and 1 hour per year per respondent 
for VMS unit maintenance (i.e., 1 hour per respondent per year, on 
average). These estimated burdens include 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 these burden 
estimates or any other aspect of this data information, including 
suggestions for reducing the burden, to NMFS (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.
    Prior notice and opportunity for public comment are not required 
with respect to the revision to the table of OMB control numbers in 15 
CFR 902.1(b) because this action is a rule of agency organization, 
procedure or practice under 5 U.S.C. 553(b)(A).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    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, 15 CFR Chapter IX and 50 CFR 
Chapter III are amended as follows:

15 CFR CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, 
DEPARTMENT OF COMMERCE

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

0
1. The authority citation for part 902 continues to read as follows:

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


0
2. In Sec.  902.1, paragraph (b), the table is amended by adding in the 
left column under 50 CFR, in numerical order, entries for Sec. Sec.  
300.212, 300.213, and 300.219, and, in the right column, in 
corresponding positions, the control numbers ``-0595,'' ``-0595,'' and 
``-0596,'' as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                           Current OMB
                                                         control number
 CFR part or section where the information collection     (all numbers
                requirement is located                  begin with 0648-
                                                                )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
300.212...............................................             -0595
300.213...............................................             -0595
300.219...............................................             -0596
 
                                * * * * *
------------------------------------------------------------------------

50 CFR CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart B--High Seas Fisheries

0
3. The authority citation for 50 CFR part 300, subpart B, continues to 
read as follows:

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


0
4. In Sec.  300.14, paragraph (b)(2)(i) is revised to read as follows:


Sec.  300.14  Vessel identification.

* * * * *
    (b) * * *
    (2) * * *
    (i) A vessel must be marked with its IRCS if it has been assigned 
an IRCS. If an IRCS has not been assigned to the vessel, it must be 
marked (in order of priority) with its Federal, State, or other 
documentation number appearing on its high seas fishing permit and if a 
WCPFC Area Endorsement has been issued for the vessel under Sec.  
300.212, that documentation number must be preceded by the characters 
``USA'' and a hyphen (that is, ``USA-'').
* * * * *

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

0
5. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

    Authority: 16 U.S.C. 6901 et seq.

0
6. In Sec.  300.211, definitions of ``1982 Convention,'' ``Aggregate or 
summary form,'' ``Commercial,'' ``Confidential information,'' 
``Conservation and management measure,'' ``High seas fishing permit,'' 
``Highly migratory species (or HMS),'' ``Marine Fisheries Commission,'' 
``NOAA,'' ``Observer employer/observer provider,'' ``Observer 
information,'' ``Special Agent-In-Charge (or SAC),'' ``Vessel 
monitoring system (or VMS),'' ``VMS unit,'' ``WCPFC Area Endorsement,'' 
``WCPFC inspection vessel,'' ``WCPFC inspector,'' and ``WCPFC 
transshipment monitor'' are added, in alphabetical order, and the 
definition of ``Fishing'' is revised, to read as follows:

[[Page 3348]]

Sec.  300.211  Definitions.

* * * * *
    1982 Convention means the United Nations Convention on the Law of 
the Sea of 10 December 1982.
    Aggregate or summary form means information structured in such a 
way which does not directly or indirectly disclose the identity or 
business of any person who submits such information.
    Commercial, with respect to commercial fishing, means fishing in 
which the fish harvested, either in whole or in part, are intended to 
enter commerce through sale, barter or trade.
* * * * *
    Confidential information means any observer information or any 
information submitted to the Secretary, a State fishery management 
agency, or a Marine Fisheries Commission by any person in compliance 
with any requirement or regulation under the Act or under the Magnuson-
Stevens Fishery Conservation and Management Act.
    Conservation and management measure means those conservation and 
management measures adopted by the Commission pursuant to Article 10 of 
the WCPF Convention.
* * * * *
    Fishing means using any vessel, vehicle, aircraft or hovercraft for 
any of the following activities, or attempting to do so:
    (1) Searching for, catching, taking, or harvesting fish;
    (2) Engaging in any other activity which can reasonably be expected 
to result in the locating, catching, taking, or harvesting of fish for 
any purpose;
    (3) Placing, searching for, or recovering fish aggregating devices 
or associated electronic equipment such as radio beacons;
    (4) Engaging in any operations at sea directly in support of, or in 
preparation for, any of the activities previously described in 
paragraphs (1) through (3) of this definition, including, but not 
limited to, bunkering;
    (5) Engaging in transshipment at sea, either unloading or loading 
fish.
* * * * *
    Highly migratory species (or HMS) means any of the following 
species:

------------------------------------------------------------------------
            Common name                        Scientific name
------------------------------------------------------------------------
Albacore..........................  Thunnus alalunga.
Pacific bluefin tuna..............  Thunnus orientalis.
Southern bluefin tuna.............  Thunnus maccoyii.
Bigeye tuna.......................  Thunnus obesus.
Skipjack tuna.....................  Katsuwonus pelamis.
Yellowfin tuna....................  Thunnus albacares.
Little tuna.......................  Euthynnus affinis.
Frigate mackerel..................  Auxis thazard; Auxis rochei.
Pomfrets..........................  Family Bramidae.
Marlins...........................  Tetrapturus angustirostris;
                                     Tetrapturus audax; Makaira mazara;
                                     Makaira indica; Makaira nigricans.
Sail-fishes.......................  Istiophorus platypterus.
Swordfish.........................  Xiphias gladius.
Dolphinfish.......................  Coryphaena hippurus; Coryphaena
                                     equiselis.
Oceanic sharks....................  Hexanchus griseus; Cetorhinus
                                     maximus; Family Alopiidae;
                                     Rhincodon typus; Family
                                     Carcharhinidae; Family Sphyrnidae;
                                     Family Isuridae (or Lamnidae).
------------------------------------------------------------------------

    High seas fishing permit means a permit issued under Sec.  300.13.
* * * * *
    Marine Fisheries Commission means the Atlantic States Marine 
Fisheries Commission, the Gulf States Marine Fisheries Commission, or 
the Pacific States Marine Fisheries Commission.
* * * * *
    NOAA means the National Oceanic and Atmospheric Administration, 
Department of Commerce.
    Observer employer/observer provider means any person that provides 
observers to fishing vessels, shoreside processors, or stationary 
floating processors under a requirement of the Act or the Magnuson-
Stevens Fishery Conservation and Management Act.
    Observer information means any information collected, observed, 
retrieved, or created by an observer or electronic monitoring system 
pursuant to authorization by the Secretary, or collected as part of a 
cooperative research initiative, including fish harvest or processing 
observations, fish sampling or weighing data, vessel logbook data, 
vessel or processor-specific information (including any safety, 
location, or operating condition observations), and video, audio, 
photographic, or written documents.
* * * * *
    Special Agent-In-Charge (or SAC) means the Special-Agent-In-Charge, 
NOAA Office of Law Enforcement, Pacific Islands Division, or a designee 
(1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814; tel: (808) 203-
2500; facsimile: (808) 203-2599; e-mail: [email protected]).
* * * * *
    Vessel monitoring system (or VMS) means an automated, remote system 
that provides information about a vessel's identity, location and 
activity, for the purposes of routine monitoring, control, surveillance 
and enforcement of area and time restrictions and other fishery 
management measures.
    VMS unit, sometimes known as a ``mobile transmitting unit,'' means 
a transceiver or communications device, including all hardware and 
software, that is carried and operated on a vessel as part of a VMS.
    WCPFC Area Endorsement means the authorization issued by NMFS under 
Sec.  300.212, supplementary to a valid high seas fishing permit and 
expressed as an endorsement to such permit, for a fishing vessel used 
for commercial fishing for highly migratory species on the high seas in 
the Convention Area.
* * * * *
    WCPFC inspection vessel means any vessel that is:
    (1) Authorized by a member of the Commission to be used to 
undertake boarding and inspection of fishing vessels on the high seas 
pursuant to, and in accordance with, Article 26 of the WCPF Convention 
and procedures established by the Commission pursuant thereto;
    (2) Included in the Commission's register of authorized inspection 
vessels and authorities or inspectors, established by the Commission in 
procedures pursuant to Article 26 of the WCPF Convention; and
    (3) Flying the WCPFC inspection flag established by the Commission.
    WCPFC inspector means a person that is authorized by a member of 
the

[[Page 3349]]

Commission to undertake boarding and inspection of fishing vessels on 
the high seas pursuant to, and in accordance with, the boarding and 
inspection procedures adopted by the Commission under Article 26 of the 
WCPF Convention, and referred to therein as a ``duly authorized 
inspector'' or ``authorized inspector.''
* * * * *
    WCPFC transshipment monitor means, with respect to transshipments 
that take place on the high seas, a person authorized by the Commission 
to conduct transshipment monitoring on the high seas, and with respect 
to transshipments that take place in areas under the jurisdiction of a 
member of the Commission other than the United States, a person 
authorized by such member of the Commission to conduct transshipment 
monitoring.

0
7. Section 300.212 is added to read as follows:


Sec.  300.212  Vessel permit endorsements.

    (a) Any fishing vessel of the United States used for commercial 
fishing for HMS on the high seas in the Convention Area must have on 
board a valid high seas fishing permit, or a copy thereof, that has a 
valid WCPFC Area Endorsement, or a copy thereof.
    (b) Eligibility. Only a fishing vessel that has a valid high seas 
fishing permit is eligible to receive a WCPFC Area Endorsement.
    (c) Application. (1) A WCPFC Area Endorsement may be applied for at 
the same time the underlying high seas permit is applied for, or at any 
time thereafter.
    (2) The owner or operator of a high seas fishing vessel may apply 
for a WCPFC Area Endorsement by completing an application form, 
available from the Pacific Islands Regional Administrator, and 
submitting the complete and accurate application, signed by the 
applicant, to the Pacific Islands Regional Administrator, along with 
the required fees.
    (3) The application must be accompanied by a bow-to-stern side-view 
photograph of the vessel in its current form and appearance. The 
photograph must meet the specifications prescribed on the application 
form and clearly show that the vessel is marked in accordance with the 
vessel identification requirements of Sec.  300.217.
    (d) Fees. NMFS will charge a fee to recover the administrative 
expenses of issuance of a WCPFC Area Endorsement. The amount of the fee 
will be determined in accordance with the procedures of the NOAA 
Finance Handbook, available from the Pacific Islands Regional 
Administrator, for determining administrative costs of each special 
product or service. The fee is specified in the application form. The 
appropriate fee must accompany each application. Failure to pay the fee 
will preclude issuance of the WCPFC Area Endorsement. Payment by a 
commercial instrument later determined to be insufficiently funded is 
grounds for invalidating the WCPFC Area Endorsement.
    (e) Issuance. (1) The Pacific Islands Regional Administrator will 
issue a WCPFC Area Endorsement within 30 days of receipt of a complete 
application that meets the requirements of this section and upon 
payment of the appropriate fee.
    (2) If an incomplete or improperly completed application is 
submitted, the Pacific Islands Regional Administrator will notify the 
applicant of such deficiency within 30 days of the date of receipt of 
the application. If the applicant fails to correct the deficiency and 
send a complete and accurate application to the Pacific Islands 
Regional Administrator within 30 days of the date of the notification 
of deficiency, the application will be considered withdrawn and no 
further action will be taken to process the application. Following 
withdrawal, the applicant may at any time submit a new application for 
consideration.
    (f) Validity. A WCPFC Area Endorsement issued under this subpart 
expires upon the expiration of the underlying high seas fishing permit, 
and shall be void whenever the underlying high seas fishing permit is 
void, suspended, sanctioned or revoked. A WCPFC Area Endorsement is 
also subject to suspension or revocation independent of the high seas 
fishing permit. Renewal of a WCPFC Area Endorsement prior to its 
expiration is the responsibility of the WCPFC Area Endorsement holder.
    (g) Change in application information. Any change in the required 
information provided in an approved or pending application for a WCPFC 
Area Endorsement must be reported by the vessel owner or operator to 
the Pacific Islands Regional Administrator in writing within 15 days of 
such change.
    (h) Transfer. A WCPFC Area Endorsement issued under this subpart is 
valid only for the vessel, owner, and high seas fishing permit to which 
it is issued and is not transferable or assignable to another high seas 
fishing permit or to another vessel.
    (i) Display. A valid WCPFC Area Endorsement, or a photocopy or 
facsimile copy thereof, issued under this subpart must be on board the 
vessel and available for inspection by any authorized officer while the 
vessel is at sea and must be available for inspection by any WCPFC 
inspector while the vessel is on the high seas in the Convention Area.


0
8. Section 300.213 is added to read as follows:


Sec.  300.213  Vessel information.

    (a) The owner or operator of any fishing vessel of the United 
States that is used for fishing for HMS in the Convention Area in 
waters under the jurisdiction of any nation other than the United 
States must, prior to the commencement of such fishing, submit to the 
Pacific Islands Regional Administrator information about the vessel and 
its ownership and operation, and the authorized fishing activities, 
including copies of any permits, licenses, or authorizations issued for 
such activities, as specified on forms available from the Pacific 
Islands Regional Administrator. The owner or operator of such a fishing 
vessel must also submit to the Pacific Islands Regional Administrator a 
bow-to-stern side-view photograph of the vessel in its current form and 
appearance, and the photograph must meet the specifications prescribed 
on the application form. If any of the submitted information changes, 
the vessel owner or operator must report the updated information to the 
Pacific Islands Regional Administrator in writing within 15 days of the 
change.
    (b) If any of the information or the vessel photograph required 
under paragraph (a) of this section has been submitted for the subject 
vessel on an application for a high seas fishing permit or an 
application for a WCPFC Area Endorsement, then the requirements of 
paragraph (a) of this section will be deemed satisfied. However, in 
order to satisfy this requirement, the high seas fishing permit or 
WCPFC Area Endorsement must be valid, the information provided must be 
true, accurate and complete, and in the case of a vessel photograph, it 
must meet the specifications prescribed on the form used for the 
purpose of submitting the photograph under this section.


0
9. Section 300.214 is added to read as follows:


Sec.  300.214  Compliance with laws of other nations.

    (a) The owner and operator of a fishing vessel of the United States 
with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is 
required:

[[Page 3350]]

    (1) May not use the vessel for fishing, retaining fish on board, or 
landing fish in areas under the jurisdiction of a nation other than the 
United States unless any license, permit, or other authorization that 
may be required by such other nation for such activity has been issued 
with respect to the vessel.
    (2) Shall, when the vessel is in the Convention Area in areas under 
the jurisdiction of a member of the Commission other than the United 
States, operate the vessel in compliance with, and ensure its crew 
complies with, the applicable national laws of such member.
    (b) The owner and operator of a fishing vessel of the United States 
shall ensure that:
    (1) The vessel is not used for fishing for HMS, retaining HMS on 
board, or landing HMS in the Convention Area in areas under the 
jurisdiction of a nation other than the United States unless any 
license, permit, or other authorization that may be required by such 
other nation for such activity has been issued with respect to the 
vessel.
    (2) If the vessel is used for commercial fishing for HMS, including 
transshipment of HMS, in the Convention Area in areas under the 
jurisdiction of a member of the Commission other than the United 
States, the vessel is operated in compliance with, and the vessel crew 
complies with, the applicable laws of such member, including any laws 
related to carrying vessel observers or the operation of VMS units.
    (c) For the purpose of this section, the meaning of transshipment 
does not include transfers that exclusively involve fish that have been 
previously landed and processed.


0
10. In Sec.  300.215, paragraphs (a), (c), and (d) are revised to read 
as follows:


Sec.  300.215  Observers.

    (a) Applicability. This section applies to any fishing vessel of 
the United States with a WCPFC Area Endorsement or for which a WCPFC 
Area Endorsement is required.
* * * * *
    (c) Accommodating observers. All fishing vessels subject to this 
section must carry, when directed to do so by NMFS, a WCPFC observer on 
fishing trips during which the vessel at any time enters or is within 
the Convention Area. The operator and each member of the crew of the 
fishing vessel shall act in accordance with this paragraph with respect 
to any WCPFC observer.
    (1) The operator and crew shall allow and assist WCPFC observers 
to:
    (i) Embark at a place and time determined by NMFS or otherwise 
agreed to by NMFS and the vessel operator;
    (ii) Have access to and use of all facilities and equipment on 
board as necessary to conduct observer duties, including, but not 
limited to: full access to the bridge, the fish on board, and areas 
which may be used to hold, process, weigh and store fish; full access 
to the vessel's records, including its logs and documentation, for the 
purpose of inspection and copying; access to, and use of, navigational 
equipment, charts and radios; and access to other information relating 
to fishing;
    (iii) Remove samples;
    (iv) Disembark at a place and time determined by NMFS or otherwise 
agreed to by NMFS and the vessel operator; and
    (v) Carry out all duties safely.
    (2) The operator shall provide the WCPFC observer, while on board 
the vessel, with food, accommodation and medical facilities of a 
reasonable standard equivalent to those normally available to an 
officer on board the vessel, at no expense to the WCPFC observer.
    (3) The operator and crew shall not assault, obstruct, resist, 
delay, refuse boarding to, intimidate, harass or interfere with WCPFC 
observers in the performance of their duties, or attempt to do any of 
the same.
    (d) Related observer requirements. Observers deployed by NMFS 
pursuant to regulations issued under other statutory authorities on 
vessels used for commercial fishing for HMS in the Convention Area will 
be deemed by NMFS to have been deployed pursuant to this section.


0
11. Section 300.216 is added to read as follows:


Sec.  300.216  Transshipment.

    (a) Transshipment monitoring. [Reserved]
    (b) Transshipment restrictions. Fish may not be transshipped from a 
purse seine fishing vessel of the United States at sea in the 
Convention Area, and a fishing vessel of the United States may not be 
used to receive a transshipment of fish from a purse seine fishing 
vessel at sea in the Convention Area.

0
12. Section 300.217 is added to read as follows:


Sec.  300.217  Vessel identification.

    (a) General. (1) A fishing vessel must be marked in accordance with 
the requirements of this section in order for a WCPFC Area Endorsement 
to be issued for the fishing vessel.
    (2) Any fishing vessel of the United States with a WCPFC Area 
Endorsement or for which a WCPFC Area Endorsement is required shall be 
marked for identification purposes in accordance with this section, and 
all parts of such markings shall be clear, distinct, uncovered, and 
unobstructed.
    (3) Any boat, skiff, or other watercraft carried on board the 
fishing vessel shall be marked with the same identification markings as 
required under this section for the fishing vessel and shall be marked 
in accordance with this section.
    (b) Marking. (1) Vessels shall be marked in accordance with the 
identification requirements of Sec.  300.14(b)(2), and if an IRCS has 
not been assigned to the vessel, then the Federal, State, or other 
documentation number used in lieu of the IRCS must be preceded by the 
characters ``USA'' and a hyphen (that is, ``USA-'').
    (2) With the exception of the vessel's name and hailing port, the 
marking required in this section shall be the only vessel 
identification mark consisting of letters and numbers to be displayed 
on the hull and superstructure.
    (c) This section will not apply to fishing vessels that are subject 
to the vessel identification requirements of Sec. Sec.  300.173 or 
660.704 of this title until conflicts between the requirements of this 
section and the requirements of those sections are reconciled, and only 
upon publication in the Federal Register of a notice or final rule that 
includes a statement to that effect.


0
13. Section 300.218 is added to read as follows:


Sec.  300.218  Reporting and recordkeeping requirements.

    (a) Fishing reports.--(1) General. The owner or operator of any 
fishing vessel of the United States used for commercial fishing for HMS 
in the Pacific Ocean must maintain and report to NMFS catch and effort 
and other operational information for all such fishing activities. The 
reports must include at a minimum: identification information for the 
vessel; description of fishing gear used; dates, times and locations of 
fishing; and species and amounts of fish retained and discarded.
    (2) Reporting options. Vessel owners and operators shall be deemed 
to meet the recordkeeping and reporting requirements of paragraph 
(a)(1) of this section by satisfying all applicable catch and effort 
reporting requirements as listed below:
    (i) Western Pacific pelagic fisheries. Fishing activities subject 
to the reporting requirements of Sec.  665.14 of this title must be 
maintained and

[[Page 3351]]

reported in the manner specified in that section.
    (ii) West Coast HMS fisheries. Fishing activities subject to the 
reporting requirements of Sec.  660.708(a) of this title must be 
maintained and reported in the manner specified in that section.
    (iii) Pacific tuna fisheries. Fishing activities subject to the 
reporting requirements of Sec.  300.22 must be maintained and reported 
in the manner specified in that section.
    (iv) South Pacific tuna fisheries. Fishing activities subject to 
the reporting requirements of Sec.  300.34(c)(1) must be maintained and 
reported in the manner specified in that section.
    (v) High seas fisheries. Fishing activities subject to the 
reporting requirements of Sec.  300.17(a) must be maintained and 
reported in the manner specified in Sec.  300.17(a) and (b).
    (vi) Canada albacore fisheries. Fishing activities subject to the 
reporting requirements of Sec.  300.174 must be maintained and reported 
in the manner specified in that section.
    (vii) State-regulated fisheries. Catch and effort information for 
fishing activities for which reporting of effort, catch, and/or 
landings is required under State law must be maintained and reported in 
the manner specified under such State law.
    (viii) Other fisheries. All other fishing activities subject to the 
requirement of paragraph (a)(1) of this section must be recorded on 
paper or electronic forms specified or provided by the Pacific Islands 
Regional Administrator. Such forms will specify the information 
required, which may include: Identification information for the vessel; 
description of fishing gear used; dates, times and locations of 
fishing; and species and amounts of fish retained and discarded. All 
information specified by the Pacific Islands Regional Administrator on 
such forms must be recorded on paper or electronically within 24 hours 
of the completion of each fishing day. The information recorded must, 
for each fishing day, include a dated signature of the vessel operator 
or other type of authentication as specified by the Pacific Islands 
Regional Administrator. The vessel operator must, unless otherwise 
specified by the Pacific Islands Regional Administrator, submit the 
information for each fishing day to the Pacific Islands Regional 
Administrator within 72 hours of the first landing or port call after 
the fishing day, and must submit the information in the manner 
specified by the Pacific Islands Regional Administrator.
    (3) Exceptions. (i) Catch and effort information for fishing 
activities that take place in waters under State jurisdiction must be 
maintained and reported only in cases where the reporting of such 
activity is required under State law or under Federal regulations at 
Sec. Sec.  300.22 and 300.34, and Sec. Sec.  660.708 and 665.14 of this 
title.
    (ii) Catch and effort information for fishing activities that take 
place in waters under Federal jurisdiction around American Samoa, Guam 
and the Northern Mariana Islands need not be reported under this 
section unless reporting of such activity is required under regulations 
in chapter VI of this title.
    (b) Transshipment reports. [Reserved]


0
14. Section 300.219 is added to read as follows:


Sec.  300.219  Vessel monitoring system.

    (a) SAC and VMS Helpdesk contact information and business hours. 
The contact information for the SAC for the purpose of this section is: 
1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814; telephone: (808) 
203-2500; facsimile: (808) 203-2599; e-mail: [email protected]. The 
business hours of the SAC for the purpose of this section are: Monday 
through Friday, except Federal holidays, 8 a.m. to 4:30 p.m, Hawaii 
Standard Time. The contact information for the NOAA Office of Law 
Enforcement's VMS Helpdesk for the purpose of this section is: 
telephone: (888) 219-9228; e-mail: [email protected]. The business 
hours of the VMS Helpdesk for the purpose of this section are: Monday 
through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern 
Time.
    (b) Applicability. This section applies to any fishing vessel of 
the United States with a WCPFC Area Endorsement or for which a WCPFC 
Area Endorsement is required.
    (c) Provision of vessel position information--(1) VMS unit 
installation. The vessel owner and operator shall obtain and have 
installed on the fishing vessel, in accordance with instructions 
provided by the SAC and the VMS unit manufacturer, a VMS unit that is 
type-approved by NMFS for fisheries governed under the Act. The vessel 
owner and operator shall authorize the Commission and NMFS to receive 
and relay transmissions from the VMS unit. The vessel owner and 
operator shall arrange for a NMFS-approved mobile communications 
service provider to receive and relay transmissions from the VMS unit 
to NMFS. NMFS makes available lists of type-approved VMS units and 
approved mobile communications service providers.
    (2) VMS unit activation. If the VMS unit has not yet been activated 
as described in this paragraph, or if the VMS unit has been newly 
installed or reinstalled, or if the mobile communications service 
provider has changed since the previous activation, or if directed by 
the SAC, the vessel owner and operator shall, prior to the vessel 
leaving port:
    (i) Turn on the VMS unit to make it operational;
    (ii) Submit a written activation report, via mail, facsimile or e-
mail, to the SAC, that includes: the vessel's name; the vessel's 
official number; the VMS unit manufacturer and identification number; 
and telephone, facsimile or e-mail contact information for the vessel 
owner or operator; and
    (iii) Receive verbal or written confirmation from the SAC that 
proper transmissions are being received from the VMS unit.
    (3) VMS unit operation. The vessel owner and operator shall 
continuously operate the VMS unit at all times, except that the VMS 
unit may be shut down while the vessel is at port or otherwise not at 
sea, provided that the owner and operator:
    (i) Prior to shutting down the VMS unit, report to the SAC or the 
NOAA Office of Law Enforcement's VMS Helpdesk via facsimile or e-mail, 
the following information: the intent to shut down the VMS unit; the 
vessel's name; the vessel's official number; and telephone, facsimile 
or e-mail contact information for the vessel owner or operator; and
    (ii) When turning the VMS unit back on, report to the SAC or the 
NOAA Office of Law Enforcement's VMS Helpdesk, via mail, facsimile or 
e-mail, the following information: that the VMS unit has been turned 
on; the vessel's name; the vessel's official number; and telephone, 
facsimile or e-mail contact information for the vessel owner or 
operator; and
    (iii) Prior to leaving port, receive verbal or written confirmation 
from the SAC that proper transmissions are being received from the VMS 
unit.
    (4) Failure of VMS unit. If the vessel owner or operator becomes 
aware that the VMS unit has become inoperable or that transmission of 
automatic position reports from the VMS unit has been interrupted, or 
if notified by NMFS or the USCG that automatic position reports are not 
being received from the VMS unit or that an inspection of the VMS unit 
has revealed a problem with the performance of the VMS unit, the vessel 
owner and operator shall comply with the following requirements:

[[Page 3352]]

    (i) If the vessel is at port: The vessel owner or operator shall 
repair or replace the VMS unit and ensure it is operable before the 
vessel leaves port.
    (ii) If the vessel is at sea: The vessel owner, operator, or 
designee shall contact the SAC by telephone, facsimile, or e-mail at 
the earliest opportunity during the SAC's business hours and identify 
the caller and vessel. The vessel operator shall follow the 
instructions provided by the SAC, which could include, but are not 
limited to: ceasing fishing, stowing fishing gear, returning to port, 
and/or submitting periodic position reports at specified intervals by 
other means; and, repair or replace the VMS unit and ensure it is 
operable before starting the next trip.
    (5) Related VMS requirements. Installing, carrying and operating a 
VMS unit in compliance with the requirements in part 300 of this title, 
part 660 of this title, or part 665 of this title relating to the 
installation, carrying, and operation of VMS units shall be deemed to 
satisfy the requirements of paragraph (c) of this section, provided 
that the VMS unit is operated continuously and at all times while the 
vessel is at sea, the VMS unit is type-approved by NMFS for fisheries 
governed under the Act, the owner and operator have authorized the 
Commission and NMFS to receive and relay transmissions from the VMS 
unit, and the specific requirements of paragraph (c)(4) of this section 
are complied with. If the VMS unit is owned by NMFS, the requirement 
under paragraph (c)(4) of this section to repair or replace the VMS 
unit will be the responsibility of NMFS, but the vessel owner and 
operator shall be responsible for ensuring that the VMS unit is 
operable before leaving port or starting the next trip.
    (d) Costs. The vessel owner and operator shall be responsible for 
all costs associated with the purchase, installation and maintenance of 
the VMS unit, and for all charges levied by the mobile communications 
service provider as necessary to ensure the transmission of automatic 
position reports to NMFS as required in paragraph (c) of this section. 
However, if the VMS unit is being carried and operated in compliance 
with the requirements in part 300 of this title, part 660 of this 
title, or part 665 of this title relating to the installation, 
carrying, and operation of VMS units, the vessel owner and operator 
shall not be responsible for costs that are the responsibility of NMFS 
under those regulations.
    (e) Tampering. The vessel owner and operator shall ensure that the 
VMS unit is not tampered with, disabled, destroyed, damaged or operated 
improperly, and that its operation is not impeded or interfered with.
    (f) Inspection. The vessel owner and operator shall make the VMS 
unit, including its antenna, connectors and antenna cable, available 
for inspection by authorized officers, by employees of the Commission, 
by persons appointed by the Executive Director of the Commission for 
this purpose, and, when the vessel is on the high seas in the 
Convention Area, by WCPFC inspectors.
    (g) Access to data. The vessel owner and operator shall make the 
vessel's position data obtained from the VMS unit or other means 
immediately and always available for inspection by NOAA personnel, USCG 
personnel, and authorized officers, and shall make the vessel's 
position data for positions on the high seas in the Convention Area 
immediately and always available to WCPFC inspectors and the 
Commission.
    (h) Communication devices. (1) To facilitate communication with 
management and enforcement authorities regarding the functioning of the 
VMS unit and other purposes, the vessel operator shall, while the 
vessel is at sea, carry on board and continuously monitor a two-way 
communication device that is capable of real-time communication with 
the SAC. The VMS unit used to fulfill the requirements of paragraph (c) 
of this section may not be used to satisfy this requirement. If the 
device is anything other than a radio, the contact number for the 
device must be provided to the Pacific Islands Regional Administrator 
on the application form for the WCPFC Area Endorsement in accordance 
with the requirements of Sec.  300.212.
    (2) For the purpose of submitting the position reports that might 
be required in cases of VMS unit failure under paragraph (c)(4)(ii) of 
this section, the vessel operator shall, while the vessel is at sea, 
carry on board a communication device capable of transmitting, while 
the vessel is on the high seas in the Convention Area, communications 
by telephone, facsimile, e-mail, or radio to the Commission, in 
Pohnpei, Micronesia. The VMS unit used to fulfill the requirements of 
paragraph (c) of this section may not be used to satisfy this 
requirement. The same communication device may be able to satisfy the 
requirements of both this paragraph and paragraph (h)(1) of this 
section.


0
15. Section 300.220 is added to read as follows:


Sec.  300.220  Confidentiality of information.

    (a) Types of information covered. NOAA is authorized under the Act 
and other statutes to collect and maintain information. This section 
applies to confidential information collected under authority of the 
Act.
    (b) Collection and maintenance of information--(1) General. (i) Any 
information required to be submitted to the Secretary, a State fishery 
management agency, or a Marine Fisheries Commission under the Act shall 
be provided to the Assistant Administrator.
    (ii) Any observer information collected under the Act shall be 
provided to the Assistant Administrator.
    (iii) Appropriate safeguards as specified by NOAA Administrative 
Order (NAO) 216-100 or other NOAA/NMFS internal procedures, apply to 
the collection and maintenance of any information collected pursuant to 
paragraphs (b)(1) or (b)(2) of this section, whether separated from 
identifying particulars or not, so as to ensure their confidentiality. 
Information submitted to the Secretary in compliance with this subpart 
shall not be disclosed except as authorized herein or by other law or 
regulation.
    (2) Collection agreements with States or Marine Fisheries 
Commissions. (i) The Assistant Administrator may enter into an 
agreement with a State or a Marine Fisheries Commission authorizing the 
State or Marine Fisheries Commission to collect information on behalf 
of the Secretary.
    (ii) To enter into a cooperative collection agreement with a State 
or a Marine Fisheries Commission, NMFS must ensure that:
    (A) The State has authority to protect the information from 
disclosure in a manner at least as protective as these regulations.
    (B) The Marine Fisheries Commission has enacted policies and 
procedures to protect the information from public disclosure.
    (3) Collection services by observer employer/observer provider. The 
Assistant Administrator shall make the following determinations before 
issuing a permit or letting a contract or grant to an organization that 
provides observer services:
    (i) That the observer employer/observer provider has enacted 
policies and procedures to protect the information from public 
disclosure;
    (ii) That the observer employer/observer provider has entered into 
an agreement with the Assistant Administrator that prohibits public 
disclosure and specifies penalties for such disclosure; and

[[Page 3353]]

    (iii) That the observer employer/observer provider requires each 
observer to sign an agreement with NOAA/NMFS that prohibits public 
disclosure of observer information and specifies penalties for such 
disclosure.
    (c) Access to information--(1) General. This section establishes 
procedures intended to manage, preserve, and protect the 
confidentiality of information submitted in compliance with the Act and 
its implementing regulations. This section applies to those persons and 
organizations deemed eligible to access confidential information 
subject to the terms and conditions described in this section and the 
Act. All other persons requesting access to confidential information 
should follow the procedures set forth in the Freedom of Information 
Act, 5 U.S.C. 552, 15 CFR parts 15 and 903, NAO 205-14, and Department 
of Commerce Administrative Orders 205-12 and 205-14, as applicable. 
Persons eligible to access confidential information under this section 
shall submit to NMFS a written request with the following information:
    (i) The specific types of information requested;
    (ii) The relevance of the information to requirements of the Act;
    (iii) The duration of time that access will be required: 
continuous, infrequent, or one-time; and
    (iv) An explanation of why the availability of information in 
aggregate or summary form from other sources would not satisfy the 
requested needs.
    (2) Federal employees. Confidential information will only be 
accessible to the following:
    (i) Federal employees who are responsible for administering, 
implementing, or enforcing the Act. Such persons are exempt from the 
provisions of paragraph (c)(1) of this section.
    (ii) NMFS employees responsible for the collection, processing, and 
storage of the information or performing research that requires access 
to confidential information. Such persons are exempt from the 
provisions of paragraph (c)(1) of this section.
    (iii) Other NOAA employees on a demonstrable need-to-know basis.
    (iv) Persons that need access to confidential information to 
perform functions authorized under a Federal contract, cooperative 
agreement, or grant awarded by NOAA/NMFS.
    (3) Commission. (i) Confidential information will be subject to 
disclosure to the Commission, but only if:
    (A) The information is required to be submitted to the Commission 
under the requirements of the WCPF Convention or the decisions of the 
Commission;
    (B) The provision of such information is in accord with the 
requirements of the Act, the WCPF Convention, and the decisions of the 
Commission, including any procedures, policies, or practices adopted by 
the Commission relating to the receipt, maintenance, protection or 
dissemination of information by the Commission; and
    (C) The provision of such information is in accord with any 
agreement between the United States and the Commission that includes 
provisions to prevent public disclosure of the identity or business of 
any person.
    (ii) The provisions of paragraph (c)(1) of this section do not 
apply to the release of confidential information to the Commission.
    (4) State employees. Confidential information may be made 
accessible to a State employee only by written request and only upon 
the determination by NMFS that at least one of the following conditions 
is met:
    (i) The employee has a need for confidential information to further 
the Department of Commerce's mission, and the State has entered into a 
written agreement between the Assistant Administrator and the head of 
the State's agency that manages marine and/or anadromous fisheries. The 
agreement shall contain a finding by the Assistant Administrator that 
the State has confidentiality protection authority comparable to the 
Act and that the State will exercise this authority to prohibit public 
disclosure of the identity or business of any person.
    (ii) The employee enforces the Act or fishery management plans 
prepared under the authority of the Magnuson-Stevens Conservation and 
Management Act, and the State for which the employee works has entered 
into a fishery enforcement agreement with the Secretary and the 
agreement is in effect.
    (5) Marine Fisheries Commission employees. Confidential information 
may be made accessible to Marine Fisheries Commission employees only 
upon written request of the Marine Fisheries Commission and only if the 
request demonstrates a need for confidential information to further the 
Department of Commerce's mission, and the executive director of the 
Marine Fisheries Commission has entered into a written agreement with 
the Assistant Administrator. The agreement shall contain a finding by 
the Assistant Administrator that the Marine Fisheries Commission has 
confidentiality protection policies and procedures to protect from 
public disclosure information that would reveal the identity or 
business of any person.
    (6) Homeland and national security activities. Confidential 
information may be made accessible to Federal employees for purposes of 
promoting homeland security or national security at the request of 
another Federal agency only if:
    (i) Providing the information promotes homeland security or 
national security purposes including the USCG's homeland security 
missions as defined in section 888(a)(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 468(a)(2)); and
    (ii) The requesting agency has entered into a written agreement 
with the Assistant Administrator. The agreement shall contain a finding 
by the Assistant Administrator that the requesting agency has 
confidentiality policies and procedures to protect the information from 
public disclosure.
    (7) Observer and observer employer/observer provider. Confidential 
information used for purposes other than those contained in this 
subpart or in part 600 of this title may only be used by observers and 
observer employers/observer providers in order:
    (i) To adjudicate observer certifications;
    (ii) To allow the sharing of observer information among the 
observers and between observers and observer employers/observer 
providers as necessary to train and prepare observers for deployments 
on specific vessels; or
    (iii) To validate the accuracy of the observer information 
collected.
    (8) Persons having access to confidential information may be 
subject to criminal and civil penalties for unauthorized use or 
disclosure of confidential information. See 18 U.S.C. 1905, 16 U.S.C. 
1857, and NOAA/NMFS internal procedures, including NAO 216-100.
    (d) Control system. (1) The Assistant Administrator maintains a 
control system to protect the identity or business of any person who 
submits information in compliance with any requirement or regulation 
under the Act. The control system:
    (i) Identifies those persons who have access to the information;
    (ii) Contains procedures to limit access to confidential 
information to authorized users; and
    (iii) Provides handling and physical storage protocols for 
safeguarding of the information.
    (2) This system requires that all persons who have authorized 
access to the information be informed of the confidentiality of the 
information. These persons, with the exception of

[[Page 3354]]

employees and contractors of the Commission, are required to sign a 
statement that they:
    (i) Have been informed that the information is confidential; and
    (ii) Have reviewed and are familiar with the procedures to protect 
confidential information.
    (e) Release of information. (1) The Assistant Administrator will 
not disclose to the public any confidential information, except:
    (i) When the Secretary has obtained from the person who submitted 
the information an authorization to release the information to persons 
for reasons not otherwise provided for in this subpart. In situations 
where a person provides information through a second party, both 
parties are considered joint submitters of information and either party 
may request a release. The authorization to release such information 
will require:
    (A) A written statement from the person(s) who submitted the 
information authorizing the release of the submitted information; and
    (B) A finding by the Secretary that such release does not violate 
other requirements of the Act or other applicable laws.
    (ii) Observer information as authorized by a fishery management 
plan (prepared under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act) or regulations under the authority of 
the North Pacific Council to allow disclosure of observer information 
to the public of weekly summary bycatch information identified by 
vessel or for haul-specific bycatch information without vessel 
identification.
    (iii) When such information is required to be submitted for any 
determination under a limited access program.
    (iv) When required by a court order.
    (2) All requests from the public for confidential information will 
be processed in accordance with the requirements of 5 U.S.C. 552a, 15 
CFR parts 4 and 903, NAO 205-14, and Department of Commerce 
Administrative Orders DAO 205-12 and DAO 205-14. Nothing in this 
section is intended to confer any right, claim, or entitlement to 
obtain access to confidential information not already established by 
law.
    (3) NMFS does not release or allow access to confidential 
information in its possession to members of advisory groups of the 
Regional Fishery Management Councils established under the Magnuson-
Stevens Fishery Conservation and Management Act, except as provided by 
law.


0
16. Section 300.221 is added to read as follows:


Sec.  300.221  Facilitation of enforcement and inspection.

    In addition to the facilitation of enforcement provisions of Sec.  
300.5, the following requirements apply to this subpart.
    (a) A fishing vessel of the United States with a WCPFC Area 
Endorsement or for which a WCPFC Area Endorsement is required, 
including the vessel's operator and each member of the vessel's crew 
shall, when in the Convention Area, be subject to the following 
requirements:
    (1) The Federal Certificate of Documentation or State or other 
documentation for the vessel, or a copy thereof, shall be carried on 
board the vessel. Any license, permit or other authorization to use the 
vessel to fish, retain fish, transship fish, or land fish issued by a 
nation or political entity other than the United States, or a copy 
thereof, shall be carried on board the vessel. These documents shall be 
made available for inspection by any authorized officer. If the vessel 
is on the high seas, the above-mentioned licenses, permits, and 
authorizations shall also be made available for inspection by any WCPFC 
inspector. If the vessel is in an area under the jurisdiction of a 
member of the Commission other than the United States, they shall be 
made available for inspection by any authorized enforcement official of 
that member.
    (2) For the purpose of facilitating communication with the 
fisheries management, surveillance and enforcement authorities of the 
members of the Commission, the operator shall ensure the continuous 
monitoring of the international safety and calling radio frequency 
156.8 MHz (Channel 16, VHF-FM) and, if the vessel is equipped to do so, 
the international distress and calling radio frequency 2.182 MHz (HF).
    (3) The operator shall ensure that an up-to-date copy of the 
International Code of Signals (INTERCO) is on board and accessible at 
all times.
    (4) When engaged in transshipment on the high seas or in an area 
under the jurisdiction of a member of the Commission other than the 
United States, the operator and crew shall:
    (i) Provide any WCPFC transshipment monitor with full access to, 
and use of, facilities and equipment which such authorized person may 
determine is necessary to carry out his or her duties to monitor 
transshipment activities, including full access to the bridge, fish on 
board, and all areas which may be used to hold, process, weigh and 
store fish, and full access to the vessel's records, including its log 
and documentation for the purpose of inspection and photocopying;
    (ii) Allow and assist any WCPFC transshipment monitor to collect 
and remove samples and gather any other information required to fully 
monitor transshipment activities.
    (iii) Not assault, obstruct, resist, delay, refuse boarding to, 
intimidate, harass, interfere with, unduly obstruct or delay any WCPFC 
transshipment monitor in the performance of such person's duties, or 
attempt to do any of the same.
    (b) The operator and crew of a fishing vessel of the United States, 
when on the high seas in the Convention Area, shall be subject to the 
following requirements:
    (1) The operator and crew shall immediately comply with 
instructions given by an officer on board a WCPFC inspection vessel to 
move the vessel to a safe location and/or to stop the vessel, provided 
that the officer has, prior to the issuance of such instructions:
    (i) Provided information identifying his or her vessel as a WCPFC 
inspection vessel, including its name, registration number, IRCS and 
contact frequency; and
    (ii) Communicated to the vessel operator his or her intention to 
board and inspect the vessel under the authority of the Commission and 
pursuant to the boarding and inspection procedures adopted by the 
Commission.
    (2) The operator and crew shall accept and facilitate prompt and 
safe boarding by any WCPFC inspector, provided that an officer on board 
the WCPFC inspection vessel has, prior to such boarding:
    (i) Provided information identifying his or her vessel as a WCPFC 
inspection vessel, including its name, registration number, IRCS and 
contact frequency; and
    (ii) Communicated to the vessel operator an intention to board and 
inspect the vessel under the authority of the Commission and pursuant 
to the boarding and inspection procedures adopted by the Commission.
    (3) Provided that the WCPFC inspector has presented to the vessel 
operator his or her identity card identifying him or her as an 
inspector authorized to carry out boarding and inspection procedures 
under the auspices of the Commission, and a copy of the text of the 
relevant conservation and management measures in force pursuant to the 
WCPF Convention in the relevant area of the high seas, the operator and 
crew shall:
    (i) Cooperate with and assist any WCPFC inspector in the inspection 
of

[[Page 3355]]

the vessel, including its authorizations to fish, gear, equipment, 
records, facilities, fish and fish products and any relevant documents 
necessary to verify compliance with the conservation and management 
measures in force pursuant to the WCPF Convention;
    (ii) Allow any WCPFC inspector to communicate with the crew of the 
WCPFC inspection vessel, the authorities of the WCPFC inspection vessel 
and the authorities of the vessel being inspected;
    (iii) Provide any WCPFC inspector with reasonable facilities, 
including, where appropriate, food and accommodation; and
    (iv) Facilitate safe disembarkation by any WCPFC inspector.
    (4) If the operator or crew refuses to allow a WCPFC inspector to 
board and inspect the vessel in the manner described in this paragraph, 
they shall offer to the WCPFC inspector an explanation of the reason 
for such refusal.
    (5) The operator and crew shall not assault, obstruct, resist, 
delay, refuse boarding to, intimidate, harass, interfere with, unduly 
obstruct or delay any WCPFC inspector in the performance of such 
person's duties, or attempt to do any of the same.
    (c) When a fishing vessel of the United States that is used for 
commercial fishing for HMS is in the Convention Area and is either on 
the high seas without a valid WCPFC Area Endorsement or is in an area 
under the jurisdiction of a nation other than the United States without 
an authorization by that nation to fish in that area, all the fishing 
gear and fishing equipment on the fishing vessel shall be stowed in a 
manner so as not to be readily available for fishing, specifically:
    (1) If the fishing vessel is used for purse seining and equipped 
with purse seine gear, the boom must be lowered as far as possible so 
that the vessel cannot be used for fishing but so that the skiff is 
accessible for use in emergency situations; the helicopter, if any, 
must be tied down; and the launches must be secured.
    (2) If the fishing vessel is used for longlining and equipped with 
longline gear, the branch or dropper lines and floats used to buoy the 
mainline must be stowed and not available for immediate use, and any 
power-operated mainline hauler on deck must be covered in such a manner 
that it is not readily available for use.
    (3) If the fishing vessel is used for trolling and equipped with 
troll gear, no lines or hooks may be placed in the water; if outriggers 
are present on the vessel, they must be secured in a vertical position; 
if any power-operated haulers are located on deck they must be covered 
in such a manner that they are not readily available for use.
    (4) If the fishing vessel is used for pole-and-line fishing and 
equipped with pole-and-line gear, any poles rigged with lines and hooks 
must be stowed in such a manner that they are not readily available for 
use.
    (5) For any other type of fishing vessel, all the fishing gear and 
equipment on the vessel must be stowed in a manner so as not to be 
readily available for use.
    (d) For the purpose of this section, the meaning of transshipment 
does not include transfers that exclusively involve fish that have been 
previously landed and processed.


0
17. In Sec.  300.222, paragraphs (a) through (u) are added to read as 
follows:


Sec.  300.222  Prohibitions.

* * * * *
    (a) Fail to obtain and have on board a fishing vessel a valid WCPFC 
Area Endorsement as required in Sec.  300.212.
    (b) Fail to report a change in the information required in an 
application for a WCPFC Area Endorsement as required in Sec.  
300.212(g).
    (c) Fail to provide information on vessels and fishing 
authorizations or fail to report changes in such information as 
required in Sec.  300.213.
    (d) Fish for, retain on board, or land fish, including HMS, in 
areas under the jurisdiction of a nation other than the United States 
without authorization by such nation to do so, as provided in Sec.  
300.214(a)(1) and (b)(1).
    (e) Operate a fishing vessel in violation of, or fail to ensure the 
vessel crew complies with, the applicable national laws of a member of 
the Commission other than the United States, including any laws related 
to carrying vessel observers or the operation of VMS units, as provided 
in Sec.  300.214(a)(2) and (b)(2).
    (f) Fail to carry, allow on board, or assist a WCPFC observer as 
required in Sec.  300.215.
    (g) Assault, obstruct, resist, delay, refuse boarding to, 
intimidate, harass, or interfere with a WCPFC observer, or attempt to 
do any of the same, or fail to provide a WCPFC observer with food, 
accommodation or medical facilities, as required in Sec.  300.215.
    (h) Offload, receive, or load fish from a purse seine vessel at sea 
in the Convention Area, in contravention of Sec.  300.216.
    (i) Fail to mark a fishing vessel or a boat, skiff, or other 
watercraft on board the fishing vessel as required in Sec.  300.217, or 
remove, obscure, or obstruct such markings, or attempt to do so.
    (j) Fail to maintain and report catch and effort information or 
transshipment information as required in Sec.  300.218.
    (k) Fail to install, activate, or operate a VMS unit as required in 
Sec.  300.219(c).
    (l) In the event of VMS unit failure or interruption, fail to 
repair or replace a VMS unit, fail to notify the SAC and follow the 
instructions provided, or otherwise fail to act as provided in Sec.  
300.219(c)(4).
    (m) Disable, destroy, damage or operate improperly a VMS unit 
installed under Sec.  300.219, or attempt to do any of the same, or 
fail to ensure that its operation is not impeded or interfered with, as 
provided in Sec.  300.219(e).
    (n) Fail to make a VMS unit installed under Sec.  300.219 or the 
position data obtained from it available for inspection, as provided in 
Sec.  300.219(f) and (g).
    (o) Fail to carry on board and monitor communication devices as 
required in Sec.  300.219(h).
    (p) Fail to carry on board and make available the required vessel 
documentation and authorizations as required in Sec.  300.221(a)(1).
    (q) Fail to continuously monitor the specified radio frequencies as 
required in Sec.  300.221(a)(2).
    (r) Fail to carry on board, and keep accessible, an up-to-date copy 
of the International Code of Signals as required in Sec.  
300.221(a)(3).
    (s) Fail to provide access to, or fail to allow and assist, a WCPFC 
transshipment monitor as required in Sec.  300.221(a)(4).
    (t) Fail to comply with the instructions of, or fail to accept and 
facilitate prompt and safe boarding by, a WCPFC inspector, or fail to 
cooperate and assist a WCPFC inspector in the inspection of a fishing 
vessel, as provided in Sec.  300.221(b).
    (u) Fail to stow fishing gear or fishing equipment as required in 
Sec.  300.221(c).
* * * * *
[FR Doc. 2010-1087 Filed 1-20-10; 8:45 am]
BILLING CODE 3510-22-P