[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19870-19871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08063]



[[Page 19870]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD226


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Capacity Limits in Purse Seine Fisheries

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

ACTION: Notice of request for information.

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SUMMARY: NMFS is requesting information about any individual's or 
company's plan or intent to seek authorization for a U.S. purse seine 
vessel to participate in the western and central Pacific Ocean (WCPO) 
purse seine fishery, as managed under the Western and Central Pacific 
Fisheries Convention Implementation Act (WCPFC Implementation Act), the 
South Pacific Tuna Act of 1988 (SPTA) and other law, if it is not 
currently authorized to do so. The Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (Commission) recently agreed to new restrictions on the 
replacement of purse seine vessels in Commission members' fleets. NMFS 
intends to use information submitted in response to this notice to 
identify any purse seine vessels, whether existing, under construction, 
or yet to be constructed, that might replace one or more currently 
licensed vessels. This information will be used to help satisfy the 
obligations of the United States as a party to the Convention on the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Convention) and as a member of the 
Commission.

DATES: Information must be submitted in writing by May 12, 2014 to be 
considered.

ADDRESSES: You may submit information by either of the following 
methods:
     Electronic Mail: Submit written information via email to: 
[email protected].
     Mail: Submit written information by mail to: Michael D. 
Tosatto, Regional Administrator, NMFS, Pacific Islands Regional Office 
(PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Information sent by any other method, to any other 
address or individual, or received after May 12, 2014, might not be 
considered by NMFS. Attachments to electronic mail will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808-725-5032.

SUPPLEMENTARY INFORMATION:

Background

    Several authorizations are necessary for a U.S. purse seine vessel 
to participate in the WCPO purse seine fishery. The U.S. WCPO purse 
seine fishery is regulated in part under the authority of the SPTA (16 
U.S.C. 973-973r) through implementing regulations at 50 CFR Part 300, 
subpart D. The SPTA and its implementing regulations implement the 
terms of a treaty between the United States and 16 Members of the 
Pacific Islands Forum Fisheries Agency (Treaty on Fisheries between the 
Governments of Certain Pacific Island States and the Government of the 
United States of America and its annexes, schedules, and implementing 
agreements, as amended; hereafter called ``the Treaty''). The Treaty 
generally governs the conduct of U.S. fishing vessel operations in the 
Treaty Area, which comprises much of the WCPO. The Treaty provides 
access by U.S. purse seine vessels to a large portion of the WCPO by 
authorizing, and regulating through a licensing system, U.S. purse 
seine vessel operations within all or portions of the exclusive 
economic zones of the 16 Pacific Island Parties to the Treaty (PIPs). 
License applications are first submitted to NMFS, which are approved or 
disapproved according to procedures established at 50 CFR 300.32. NMFS 
forwards approved applications to the Pacific Islands Forum Fisheries 
Agency (FFA, located in Solomon Islands), which acts as the Treaty 
administrator on behalf of the PIPs, and which issues the licenses.
    In addition to being governed by the Treaty and the SPTA, the U.S. 
WCPO purse seine fishery is subject to the authority of the WCPFC 
Implementation Act (16 U.S.C. 6901 et seq.), which authorizes the 
Secretary of Commerce to implement the provisions of the Convention and 
the decisions of the Commission as they apply to the United States. The 
area of competence of the Commission, or the Convention Area, includes 
the majority of the Treaty Area. As a Party to the Convention and a 
Member of the Commission, the United States is obligated to implement 
the decisions of the Commission. The decisions of the Commission can be 
found on its Web site (http://www.wcpfc.int/). Pursuant to the 
Convention and the decisions of the Commission, a U.S. fishing vessel 
must have a high seas fishing permit (see below) with a valid WCPFC 
Area Endorsement, issued by NMFS under 50 CFR 300.212, in order to be 
used for commercial fishing for highly migratory species on the high 
seas in the Convention Area.
    The WCPO purse seine fishery is also subject to the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.), particularly with respect to the operation of the 
fishery within the U.S. exclusive economic zone. The fishery is also 
subject to the authority of the High Seas Fishing Compliance Act (16 
U.S.C. 5501 et seq.), which governs the conduct of U.S. fishing vessels 
on the high seas, and under which a high seas fishing permit is 
required for a U.S. fishing vessel to be used for commercial fishing 
anywhere on the high seas.

Recent Decision of the Commission on the Numbers and Capacities of 
Vessels in Purse Seine Fleets

    In December 2013, the Commission adopted a conservation and 
management measure for bigeye tuna, yellowfin tuna, and skipjack tuna 
(CMM 2013-01). Most of the CMM's provisions are in effect from February 
4, 2014, until December 31, 2017. Among other provisions, the CMM 
obligates certain flag States, including the United States, to limit 
the number of their purse seine vessels more than 24 meters in length 
with freezing capacity that operate between the latitudes of 20[deg] 
North and 20[deg] South to the current level (paragraph 49 of CMM 2013-
01). CMM 2013-01 also obligates certain flag States, including the 
United States, to ensure that purse seine vessels in their fleets are 
not replaced with vessels with greater carrying capacity or well 
volume, or that the catch or fishing effort of such vessels is not 
greater than that of the replaced vessels (paragraph 50 of CMM 2013-
01). Notwithstanding this latter obligation, CMM 2013-01 provides for 
flag States to allow the replacement of purse seine vessels in their 
fleets with vessels for which building approval has been granted and 
the Commission has been notified of such approval before March 1, 2014 
(paragraph 50 of CMM 2013-01; this allowance is hereafter referred to 
as ``the paragraph 50 allowance'').

[[Page 19871]]

Solicitation of Information About Prospective Vessels Entering the WCPO 
Purse Seine Fishery

    The paragraph 50 allowance enables purse seine vessels to be 
replaced with vessels having greater carrying capacity and well volume 
and for the replacement vessels to make greater catches and exert 
greater fishing effort than the replaced vessels provided certain 
criteria are met. In order for the United States to comply with the 
paragraph 50 allowance, NMFS must be informed of any plan or intent to 
bring U.S. vessels into the WCPO purse seine fishery. CMM 2013-01 
requires that ``building approval'' for the replacement vessel must 
have been granted before March 1, 2014, and the Commission must have 
been notified of such approval before March 1, 2014, for such 
replacement. Although this date has passed, we have notified the 
Commission that the agency is required to follow administrative 
rulemaking requirements, and it was not possible for us to solicit and 
evaluate information from the public within the extremely short 
deadlines under CMM 2013-01. Accordingly, NMFS will seek public input 
on the paragraph 50 allowance notwithstanding the passage of the 
Commission's deadline.
    NMFS invites any individual or company that plans or intends to 
seek authorization for a purse seine vessel more than 24 meters in 
length with freezing capacity to participate in the WCPO purse seine 
fishery (and that is not currently authorized to participate in the 
fishery) to notify NMFS of such plan or intent by providing the 
information listed below. ``To participate in the WCPO purse seine 
fishery'' means to use a U.S.-flagged purse seine vessel to fish in the 
Convention Area, regardless of the vessel's carrying capacity, well 
volume, or other characteristics. Specifically, NMFS requests that the 
following information be submitted to the NMFS Pacific Islands Regional 
Administrator (see ADDRESSES): (1) Whether the vessel is already built, 
under construction, or not yet under construction; (2) if not yet under 
construction, whether an agreement has been reached with a builder 
concerning its construction, and if so, the date of the agreement; (3) 
the name of the vessel, if known; (4) the U.S. Coast Guard Certificate 
of Documentation number of the vessel, if assigned; (5) the 
international radio call sign of the vessel, if assigned; (6) the 
vessel's length, if known; (7) the approximate date of fishing 
authorization that will be sought, if known; (8) the name and contact 
information of the individual or company most likely to seek 
authorization for the vessel to participate in the WCPO purse seine 
fishery; and (9) the name(s) of the currently authorized purse seine 
vessel(s) that that person or company intends to remove from the WCPO 
purse seine fishery coincident with the entry of the subject vessel, if 
any.
    NMFS intends to use the information collected to identify 
prospective WCPO purse seine fishing vessels, and to determine whether 
any such vessel would replace one or more vessels currently authorized 
to participate in the WCPO purse seine fishery. Information provided in 
response to this request will be used only for making determinations 
related to the paragraph 50 allowance.
    Failure to respond to this notice of solicitation of information 
could affect future eligibility of replacement vessels to compete for 
licenses and other authorizations to participate in the WCPO purse 
seine fishery. Responses for a plan or intent for a prospective purse 
seine vessel must be submitted in writing by May 12, 2014. Information 
submitted in response to this notice will, as appropriate, be subject 
to the confidentiality provisions of the WCPFC Implementation Act, 
section 506(d), and implementing regulations.
    This request for information is subject to the Paperwork Reduction 
Act. It is part of a collection-of-information that has been approved 
by the Office of Management and Budget (OMB) under control number 0648-
0218, ``South Pacific Tuna Act.'' A change to that collection-of-
information to accommodate this request for information has been 
approved by the OMB.

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

    Dated: April 7, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-08063 Filed 4-9-14; 8:45 am]
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