[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71327-71331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28105]



[[Page 71327]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 140710571-4977-02]
RIN 0648-BE36


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Restrictions on the Use of Fish 
Aggregating Devices in Purse Seine Fisheries for 2015

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) to establish restrictions on the use of fish 
aggregating devices (FADs) by U.S. purse seine vessels in the western 
and central Pacific Ocean (WCPO). The restrictions include a 
prohibition on setting on FADs and other specific uses of FADs during 
January and February, and July through September of 2015, and a limit 
of 3,061 sets that may be made on FADs in 2015. This action is 
necessary for the United States to implement provisions of a 
conservation and management measure (CMM) adopted by the Commission for 
the Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy 
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), to which it is a 
Contracting Party.

DATES: This rule is effective January 1, 2015.

ADDRESSES: Copies of supporting documents prepared for this final rule, 
including the regulatory impact review (RIR) and the Supplemental 
Environmental Assessment (SEA) prepared for National Environmental 
Policy Act (NEPA) purposes, as well as the proposed rule, are available 
via the Federal e-Rulemaking Portal, at www.regulations.gov (search for 
Docket ID NOAA-NMFS-2014-0115). Those documents, and the small entity 
compliance guide prepared for this final rule, are also available from 
NMFS at the following address: Michael D. Tosatto, Regional 
Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp 
Blvd., Building 176, Honolulu, HI 96818. The initial regulatory 
flexibility analysis (IRFA) and final regulatory flexibility analysis 
(FRFA) prepared under the authority of the Regulatory Flexibility Act 
(RFA) 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 Michael D. Tosatto, Regional 
Administrator, NMFS PIRO (see ADDRESSES), and by email to 
[email protected], or fax to (202) 395-7285.

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

SUPPLEMENTARY INFORMATION:

Background

    On October 8, 2014, NMFS published a proposed rule in the Federal 
Register (79 FR 60796) to revise regulations at 50 CFR part 300, 
subpart O, to implement a decision of the Commission. The proposed rule 
was open for public comment through October 28, 2014.
    This final rule is issued under the 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 Commission. The authority to promulgate regulations 
has been delegated to NMFS.
    This final rule implements for U.S. fishing vessels some of the 
purse seine-related provisions of the Commission's Conservation and 
Management Measure (CMM) 2013-01, ``Conservation and Management Measure 
for Bigeye, Yellowfin and Skipjack Tuna in the Western and Central 
Pacific Ocean.'' The preamble to the proposed rule includes detailed 
background information, including on the Convention and the Commission, 
the provisions of CMM 2013-01 being implemented in this rule, and the 
bases for the proposed regulations, which are not repeated here.

New Requirements

    This final rule establishes restrictions on the use of FADs and 
reporting requirements related to the use of FADs that apply to U.S. 
purse seine vessels in the area of application of the Convention 
(Convention Area), in all exclusive economic zones (EEZs) and on the 
high seas between the latitudes of 20[deg] North and 20[deg] South.

1. FAD Restrictions

    The FAD restrictions established in this final rule include a 
prohibition on setting on FADs (``FAD sets'') and other specific uses 
of FADs in January and February and July through September of 2015, as 
well as a limit of 3,061 FAD sets that may be made in 2015. However, 
for the reason described below, the FAD prohibitions during January and 
February and the limit of 3,061 FAD sets are contingent on NMFS issuing 
a subsequent notice in the Federal Register, announcing that the WCPFC 
has affirmed its decision with respect to restrictions on the use of 
FADs in 2015.
    Paragraph 15 of CMM 2013-01 states that the FAD-related 
requirements starting in 2015 (apart from the July-September FAD 
closure) shall only take effect when the Commission has adopted, at its 
Eleventh Regular Session, ``. . . arrangements to ensure that this CMM, 
consistent with the Convention Article 30 2(c), does not result in 
transferring, directly or indirectly, a disproportionate burden of 
conservation action onto SIDS [small island developing States].'' Thus, 
upon completion of the Eleventh Regular Session of the WCPFC, which is 
scheduled to occur in December 2014, NMFS will determine whether this 
criterion has been met, and if it finds that it has, NMFS will issue a 
Federal Register notice announcing that these elements of this final 
rule are in effect. Again, the prohibitions on FAD sets and other uses 
of FADs from July through September of 2015 will not be contingent on 
NMFS issuing a subsequent Federal Register notice.
    Under this final rule, the definition of a FAD for the purpose of 
the FAD restrictions remains as it is in existing regulations (50 CFR 
300.211). It means ``any artificial or natural floating object, whether 
anchored or not and whether situated at the water surface or not, that 
is capable of aggregating fish, as well as any object used for that 
purpose that is situated on board a vessel or otherwise out of the 
water. The definition of FAD does not include a vessel.'' Although the 
definition of a FAD does not include a vessel, some of the prohibitions 
apply to setting on fish that have aggregated in association with a 
vessel, as described further below.
    If NMFS determines that the limit of 3,061 FAD sets is expected to 
be

[[Page 71328]]

reached by a specific future date in 2015, NMFS will issue a notice in 
the Federal Register announcing that FAD sets and other specific uses 
of FADs in the Convention Area between the latitudes of 20[deg] North 
and 20[deg] South will be prohibited starting on that specific future 
date and ending at the end of December 31, 2015. NMFS will issue the 
notice at least seven calendar days before the effective date of the 
FAD closure to provide fishermen advance notice of the closure.
    The specific activities that will be prohibited during the FAD 
closure periods (i.e., January and February and July through September, 
as well as any period after which the FAD set limit has been reached, 
through December 31, 2015) will remain as they are in existing 
regulations (50 CFR 300.223(b)). It will be prohibited to:
    (1) Set a purse seine around a FAD or within one nautical mile of a 
FAD;
    (2) Set a purse seine in a manner intended to capture fish that 
have aggregated in association with a FAD or a vessel, such as by 
setting the purse seine in an area from which a FAD or a vessel has 
been moved or removed within the previous eight hours, or setting the 
purse seine in an area in which a FAD has been inspected or handled 
within the previous eight hours, or setting the purse seine in an area 
into which fish were drawn by a vessel from the vicinity of a FAD or a 
vessel;
    (3) Deploy a FAD into the water;
    (4) Repair, clean, maintain, or otherwise service a FAD, including 
any electronic equipment used in association with a FAD, in the water 
or on a vessel while at sea, except that a FAD may be inspected and 
handled as needed to identify the FAD, identify and release 
incidentally captured animals, un-foul fishing gear, or prevent damage 
to property or risk to human safety, and a FAD may be removed from the 
water and if removed may be cleaned, provided that it is not returned 
to the water; and
    (5) From a purse seine vessel or any associated skiffs, other 
watercraft or equipment, do any of the following, except in emergencies 
as needed to prevent human injury or the loss of human life, the loss 
of the purse seine vessel, skiffs, watercraft or aircraft, or 
environmental damage: Submerge lights under water; suspend or hang 
lights over the side of the purse seine vessel, skiff, watercraft or 
equipment; or direct or use lights in a manner other than as needed to 
illuminate the deck of the purse seine vessel or associated skiffs, 
watercraft or equipment, to comply with navigational requirements, and 
to ensure the health and safety of the crew.

2. Daily FAD Reporting Requirement

    For the purpose of estimating and projecting FAD sets with respect 
to the limit of 3,061 FAD sets, NMFS will count FAD sets using the best 
information available. This final rule establishes a new reporting 
requirement for U.S. purse seine vessel owners and operators. Within 24 
hours of the end of each day while the vessel is at sea in the 
Convention Area, the owner or operator must report to NMFS how many 
sets were made on FADs during that day. The format of the reports and 
the manner of reporting must follow the instructions provided by the 
NMFS Pacific Islands Regional Administrator.

Comments and Responses

    NMFS received 2 sets of comments on the proposed rule. The comments 
are summarized below, followed by responses from NMFS.
    Comment 1: The proposed action is important, powerful, and will 
prove beneficial, and will help keep the catch of highly migratory 
species sustainable. The 24-hour FAD reporting requirement is a good 
idea. One question/concern is whether fishermen should be given more 
than 7 days' notice before the use of FADs is prohibited. Would more 
advance notice help reduce the use of FADs because fishermen could come 
up with alternative fishing methods? Or would the additional time to 
think about alternative methods increase fishing rates on HMS to an 
unacceptable level?
    Response: NMFS acknowledges the supportive comments. With respect 
to the Federal Register notice that NMFS would issue in advance of 
prohibiting FAD sets and other uses of FADs in the event the FAD set 
limit is expected to be reached, the primary intent of the notice is to 
give fishermen sufficient time to prepare for the impending 
prohibitions, to help ensure they are able to fully comply with them. 
Because affected fishermen will have received advance notice of the 
limit through the rulemaking process, including a compliance guide, 
NMFS expects that they will think about and plan for alternative 
fishing methods and activities before the notice is issued. 
Consequently, NMFS does not expect that providing more than 7 days' 
advance notice would have a marked influence on fishermen's behavior, 
such as the extent of fishing on FADs or fishing rates more generally. 
Additionally, the briefer the interval between the date the projection 
is made (and the notice is issued) and the date the limit is expected 
to be reached, the more accurate the projection is likely to be. 
Therefore, the longer the advance notice given to fishermen, the more 
the actual number of FAD sets in 2015 is likely to deviate from the 
limit. For these reasons, NMFS has maintained in this final rule an 
advance notice period of ``at least 7 days'', as in the proposed rule.
    Comment 2: The proposed regulations will be insufficient to return 
the population of bigeye tuna from its overfished condition (smaller 
than 20 percent of the spawning stock biomass that would exist in the 
absence of fishing) if current exemptions to the WCPFC measure and lack 
of enforcement remain unchanged.
    More needs to be done than only requiring U.S. vessels to implement 
WCPFC measures. NOAA has an obligation to be more aggressive in its 
efforts to bring about more assured sustainability in the WCPO tuna 
fishery, and this would help create a more even playing field for the 
U.S. tuna industry. Before additional FAD regulations are established, 
resources should be invested in enforcement of current WCPFC measures 
with aggressive consequences for those nations that operate outside of 
the agreed-upon sustainability guidelines necessary for a healthy 
fishery. Other legal authorities, including the Pelly Amendment, should 
be utilized to bolster the effectiveness of the Commission's 
conservation and management measures.
    Response: With respect to the expected effects of the rule on the 
stock of WCPO bigeye tuna, NMFS recognizes that this regulatory action 
alone, which applies only to U.S. fishing vessels, will have relatively 
small effects on the stock, as described in the SEA prepared for the 
rule. NMFS recognizes that effective management of the tuna resources 
and fisheries in the WCPO requires cooperation among the WCPFC members.
    Furthermore, with respect to enforcement of current WCPFC measures 
and consequences for nations that operate outside agreed sustainability 
guidelines, NMFS agrees that achieving a high level of compliance with 
Commission decisions by all WCPFC members is important to achieve the 
objectives of the Convention and of Commission decisions like CMM 2013-
01, as well as to achieve a more level playing field for the U.S. tuna 
industry. NMFS notes that the United States, as a member of the WCPFC, 
is contributing to and has prioritized the development of the 
Commission's compliance monitoring scheme, with the aim of improving 
compliance with

[[Page 71329]]

Commission decisions by all its members. NMFS recognizes that there are 
additional laws pertaining to conservation and management measures for 
tuna stocks and the enforcement of such measures, including the Pelly 
Amendment. However, the purpose of this rulemaking is limited to 
satisfying the obligations of the United States to implement the 
applicable provisions of CMM 2013-01 for U.S. purse seine vessels, 
including the FAD restrictions.
    In addition to comments on the proposed rule, the commenter cited 
problems with the timeliness and efficacy of the conservation measures 
adopted by the WCPFC and with the implementation and enforcement of 
WCPFC decisions, including restrictions on the use of FADs, by other 
WCPFC members. The commenter stated that the United States should take 
specific actions to address these problems and to make the WCPFC more 
successful. These comments are outside the scope of the proposed rule, 
so NMFS does not respond to them here.

Changes From the Proposed Rule

    No changes from the proposed rule have been made in this final 
rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this final rule is consistent with the WCPFC Implementation Act 
and other applicable laws.

Executive Order 12866

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

Regulatory Flexibility Act (RFA)

    A FRFA was prepared. The FRFA incorporates the IRFA prepared for 
the proposed rule. The analysis in the IRFA is not repeated here in its 
entirety.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble of the 
proposed rule and in the SUMMARY and SUPPLEMENTARY INFORMATION sections 
of this final rule, above. The analysis follows.

Significant Issues Raised by Public Comments in Response to the IRFA

    NMFS did not receive any comments on the IRFA.

Description of Small Entities to Which the Rule Will Apply

    Small entities include ``small businesses,'' ``small 
organizations,'' and ``small governmental jurisdictions.'' The Small 
Business Administration (SBA) has established size standards for all 
major industry sectors in the United States, including commercial 
finfish harvesters (NAICS code 114111). A business primarily involved 
in finfish harvesting is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $20.5 million for all its affiliated operations 
worldwide.
    The final rule will apply to owners and operators of U.S. purse 
seine vessels used for fishing in the Convention Area. The number of 
affected vessels is the number licensed under the Treaty on Fisheries 
between the Governments of Certain Pacific Island States and the 
Government of the United States of America (South Pacific Tuna Treaty, 
or SPTT). The current number of licensed vessels is 40, the maximum 
number of licenses available under the SPTT (excluding joint-venture 
licenses, of which there are five available under the SPTT, none of 
which have ever been applied for or issued).
    Based on (limited) available financial information about the 
affected fishing vessels and the SBA's small entity size standards for 
commercial finfish harvesters, and using individual vessels as proxies 
for individual businesses, NMFS believes that all the affected fish 
harvesting businesses are small entities. As stated above, there are 
currently 40 purse seine vessels in the affected purse seine fishery. 
Neither gross receipts nor ex-vessel price information specific to the 
40 vessels are available to NMFS. Average annual receipts for each of 
the 40 vessels during the last 3 years for which reasonably complete 
data are available (2010-2012) were estimated as follows. The vessel's 
reported retained catches of skipjack tuna, yellowfin tuna, and bigeye 
tuna in each year were each multiplied by an indicative Asia-Pacific 
regional cannery price for that species and year (developed by the 
Pacific Islands Forum Fisheries Agency and available at https://www.ffa.int/node/425#attachments); the products were summed across 
species for each year; and the sums were averaged across the 3 years. 
The estimated average annual receipts for each of the 40 vessels were 
less than the $20.5 million threshold used to classify businesses as 
small entities under the SBA size standard for finfish harvesting 
businesses.

Recordkeeping, Reporting, and Other Compliance Requirements

    The final rule will establish one new reporting requirement within 
the meaning of the Paperwork Reduction Act, as well as additional 
requirements, as described in the SUPPLEMENTARY INFORMATION section of 
this final rule, above. The classes of small entities subject to the 
requirements and the types of professional skills necessary to fulfill 
each of the requirements are described in the IRFA.

Disproportionate Impacts

    There would be no disproportionate economic impacts between small 
and large entities operating purse seine vessels as a result of this 
final rule. Furthermore, there would be no disproportionate economic 
impacts based on vessel size, gear, or homeport.

Steps Taken to Minimize the Significant Economic Impacts on Small 
Entities

    NMFS considered two alternatives to the proposed FAD restrictions, 
and one alternative to the proposed daily FAD reporting requirement.
    The first alternative for the FAD restrictions would establish a 
three-month FAD closure period (instead of five months) and a FAD set 
limit of 2,202 (instead of 3,061) for 2015. The months of the FAD 
closure period would be July through September. This alternative is 
based on the second of the two options available to the United States 
under CMM 2013-01, as described in the proposed rule. The compliance 
burden associated with this alternative would depend, like that of the 
proposed action, on the amount of fishing effort that will be available 
to the fleet in 2015. If the amount of available fishing effort is 
relatively high, this alternative would likely bring greater economic 
impacts than the proposed action, and the reverse would be the case for 
relatively low levels of total available fishing effort. For example, 
if the fleet makes 51 percent of its sets on FADs during periods when 
FAD sets are allowed, as it did in 2010-2011, and if fishing effort is 
evenly distributed through the year, the ``breakeven'' point, in terms 
of which of the two actions--the proposed action or a three-month FAD 
closure in combination with a FAD set limit of 2,202--would bring 
greater economic impacts to fishing businesses would be approximately 
7,402 total sets. In other words, under those assumptions, if more than 
7,402 total sets are available to the fleet in 2015, the alternative of 
a three-month FAD closure in combination with a FAD set limit of 2,202 
would likely bring greater economic impacts to fishing businesses than 
would the proposed action. The reverse would be the case if fewer than 
7,402 total sets are available to the fleet in 2015. Although the 
amount of fishing effort available to the fleet in 2015 cannot be 
predicted with much

[[Page 71330]]

certainty, an interim arrangement for 2015 recently reached among the 
parties to the SPTT is informative. Under the arrangement, U.S. purse 
seine vessels will have access to 8,301 fishing days in the waters of 
the members of the Pacific Islands Forum Fisheries Agency (FFA) in 
2015. The fleet also will be able to fish on the high seas, and vessels 
with fishery endorsements will have access to the U.S. EEZ, although 
the number of allowable fishing days on the high seas and in the U.S. 
EEZ in 2015 is likely to be limited (a limit has not yet been set for 
2015, but for reference, the limit for 2014 is 1,828 fishing days). 
Thus, the fleet is likely to have access to at least 8,301 fishing 
days, and probably closer to 10,000 days, in 2015. In 2010 and 2011, 
the fleet made approximately 0.93 sets per fishing day, on average 
(NMFS unpublished data). Thus, the number of sets effectively available 
to the fleet in 2015 is expected to be more than the estimated 
``breakeven'' point of 7,402 sets identified above. However, the 
interim arrangement negotiated under the SPTT for 2015 includes 
limitations on the number of fishing days that may be used in some 
locations that have been important fishing grounds for the fleet. 
Consequently, it is conceivable that the number of ``effective'' or 
``useable'' fishing days available to the fleet in 2015 will be less 
than the ``breakeven'' point identified above. NMFS does not have the 
information that would be needed to conclude whether that will be the 
case. Thus, because NMFS has not identified any reasons that make the 
alternative of a three-month FAD closure period and a FAD set limit of 
2,202 preferable to the proposed action, NMFS rejects that alternative.
    The second alternative for the FAD restrictions would be the same 
as the proposed restrictions except that it would not be prohibited to 
set on fish that have aggregated in association with a vessel, provided 
that the vessel is not used in a manner to aggregate fish (versus a 
FAD, which by definition does not include a vessel). This would be less 
restrictive and thus presumably less costly to affected purse seine 
fishing businesses than the proposed requirements. The number of such 
sets made historically has been relatively small, averaging about four 
per year for the entire fleet from 1997 through 2010, according to data 
recorded by vessel operators in logbooks (examination by NMFS of 
observer data from selected years indicates a somewhat higher number 
than the number reported by vessel operators, so vessel logbook data 
might underestimate the actual number, but the number is still small in 
comparison to FAD sets). Therefore, the degree of relief in compliance 
costs of allowing such sets during the FAD closure periods would be 
expected to be relatively small. NMFS believes that this alternative 
would not serve CMM 2013-01's objective of reducing the fishing 
mortality rates of bigeye tuna and young tunas through seasonal 
prohibitions on the use of FADs as well as would the proposed rule. For 
that reason, this alternative is rejected.
    The alternative for the daily FAD reporting requirement would be 
the same as the proposed requirement except that it would apply only 
whenever a vessel is on a fishing trip in the Convention Area, rather 
than whenever a vessel is at sea (whether it be fishing or transiting) 
in the Convention Area. This alternative would relieve vessel owners 
and operators of the reporting requirement when the vessel is 
transiting without fishing, which would presumably result in lesser 
compliance costs. However, NMFS does not have information that allows 
it to readily discern on a near real-time basis whether a given vessel, 
when at sea, is on a fishing trip or not. Thus, NMFS would have less 
ability to estimate and project FAD sets in a timely and reliable 
manner than it would under the proposed rule, and for that reason, this 
alternative is rejected.
    The alternative of taking no action at all is 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.

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 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 has been 
prepared. The guide will be sent to permit and license holders in the 
affected fishery. The guide and this final rule will also be available 
at www.fpir.noaa.gov and by request from NMFS PIRO (see ADDRESSES).

Paperwork Reduction Act

    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which has been 
approved by the Office of Management and Budget (OMB) under control 
number 0648-0649. Public reporting burden for the daily FAD report is 
estimated to average 10 minutes per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. The only comment received by NMFS on this 
collection-of-information requirement in response to the proposed rule 
was that the daily FAD report is a good idea. Send comments regarding 
these burden estimates or any other aspect of this data collection, 
including suggestions for reducing the burden, to Michael D. Tosatto, 
Regional Administrator, NMFS PIRO (see ADDRESSES), and by email to 
[email protected] or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 300

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

    Dated: November 20, 2014
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 300--INTERNATIONAL FISHERIES REGULATIONS

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

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

0
2. In Sec.  300.218, paragraph (g) is added to read as follows:


Sec.  300.218  Reporting and recordkeeping requirements.

* * * * *
    (g) Daily FAD reports. The owner or operator of any fishing vessel 
of the United States equipped with purse seine gear must, within 24 
hours of the end of each day that the vessel is at sea in

[[Page 71331]]

the Convention Area, report to NMFS, in the format and manner directed 
by the Pacific Islands Regional Administrator, how many purse seine 
sets were made on FADs during that day.

0
3. In Sec.  300.222, paragraph (rr) is added to read as follows:


Sec.  300.222  Prohibitions.

* * * * *
    (rr) Fail to submit, or ensure submission of, a daily FAD report as 
required in Sec.  300.218(g).

0
4. In Sec.  300.223, paragraph (b) is revised to read as follows:


Sec.  300.223  Purse seine fishing restrictions.

* * * * *
    (b) Use of fish aggregating devices. (1) During the periods 
specified in paragraph (b)(2) of this section, owners, operators, and 
crew of fishing vessels of the United States shall not do any of the 
activities described below in the Convention Area in the area between 
20[deg] N. latitude and 20[deg] S. latitude:
    (i) Set a purse seine around a FAD or within one nautical mile of a 
FAD.
    (ii) Set a purse seine in a manner intended to capture fish that 
have aggregated in association with a FAD or a vessel, such as by 
setting the purse seine in an area from which a FAD or a vessel has 
been moved or removed within the previous eight hours, or setting the 
purse seine in an area in which a FAD has been inspected or handled 
within the previous eight hours, or setting the purse seine in an area 
into which fish were drawn by a vessel from the vicinity of a FAD or a 
vessel.
    (iii) Deploy a FAD into the water.
    (iv) Repair, clean, maintain, or otherwise service a FAD, including 
any electronic equipment used in association with a FAD, in the water 
or on a vessel while at sea, except that:
    (A) A FAD may be inspected and handled as needed to identify the 
FAD, identify and release incidentally captured animals, un-foul 
fishing gear, or prevent damage to property or risk to human safety; 
and
    (B) A FAD may be removed from the water and if removed may be 
cleaned, provided that it is not returned to the water.
    (v) From a purse seine vessel or any associated skiffs, other 
watercraft or equipment, do any of the following, except in emergencies 
as needed to prevent human injury or the loss of human life, the loss 
of the purse seine vessel, skiffs, watercraft or aircraft, or 
environmental damage:
    (A) Submerge lights under water;
    (B) Suspend or hang lights over the side of the purse seine vessel, 
skiff, watercraft or equipment, or;
    (C) Direct or use lights in a manner other than as needed to 
illuminate the deck of the purse seine vessel or associated skiffs, 
watercraft or equipment, to comply with navigational requirements, and 
to ensure the health and safety of the crew.
    (2) The requirements of paragraph (b)(1) of this section shall 
apply:
    (i) From July 1 through September 30, 2015; and
    (ii) During each of the periods described below, but only after 
NMFS has issued a notice in the Federal Register announcing that the 
requirements of paragraph (b)(1) of this section are effective during 
the following periods:
    (A) From January 1 through February 28, 2015; and
    (B) During any period specified in a Federal Register notice issued 
by NMFS announcing that NMFS has determined that U.S. purse seine 
vessels have collectively made, or are projected to make, 3,061 FAD 
sets in the Convention Area in the area between 20[deg] N. latitude and 
20[deg] S. latitude in 2015. The Federal Register notice will be 
published at least seven days in advance of the start of the period 
announced in the notice. NMFS will estimate and project the number of 
FAD sets using vessel logbooks, and/or other information sources that 
it deems most appropriate and reliable for the purposes of this 
section.
* * * * *
[FR Doc. 2014-28105 Filed 12-1-14; 8:45 am]
BILLING CODE 3510-22-P