[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28572-28575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11991]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130722646-5430-02]
RIN 0648-BD54


International Fisheries; Pacific Tuna Fisheries; Establishment of 
Tuna Vessel Monitoring System in the Eastern Pacific Ocean

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

ACTION: Supplemental proposed rule; request for comments.

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SUMMARY: NMFS revises a proposed rule published on February 6, 2014, to 
implement Inter-American Tropical Tuna Commission (IATTC) Resolution C-
04-06. Under the original proposed rule Vessel Monitoring Systems (VMS) 
would be required for any U.S. commercial fishing vessels that are 24 
meters (78.74 feet) or more in overall length and used to target tuna 
in the eastern Pacific Ocean. After publication of the proposed rule on 
February 6, 2014, the IATTC adopted Resolution C-14-02, which expands 
the applicability of the VMS requirements to vessels engaged in fishing 
activities for either tuna or tuna-like species; this action would 
implement that expanded application. This action would also revise the 
original proposed rule by allowing additional conditions to authorize a 
vessel owner or operator to shut down a VMS unit, and in a few non-
substantive ways as described below. This rule is intended to ensure 
full U.S. compliance with its international obligations under the IATTC 
Convention.

DATES: Written comments on this supplemental proposed rule must be 
received on or before June 18, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0117, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0117, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Rachael Wadsworth, NMFS 
West Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 
90802. Include the identifier ``NOAA-NMFS-2013-0117'' in the comments.
     Public Hearing: The public is welcome to attend a public 
hearing and offer comments on this supplemental proposed rule from 1 
p.m. to 4 p.m. PST, June 9, 2015, at 501 W. Ocean Boulevard, Suite 
4200, Long Beach, CA 90802. The public may also participate in the 
public hearing via conference line: 888-790-6181; participant passcode: 
64120.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments received are a part of the public record and 
will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Copies of the draft Regulatory Impact Review (RIR) and other 
supporting documents prepared for the original proposed rule are 
available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2013-0117 or by contacting the 
Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region, 
7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-0070 or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS West Coast 
Region, 562-980-4036.

SUPPLEMENTARY INFORMATION: NMFS published a proposed rule in the 
Federal Register (79 FR 7152) on February 6, 2014, to broaden the 
existing Vessel Monitoring System (VMS) requirements in the Pacific 
Ocean and to clarify the applicability of VMS requirements to U.S. 
commercial fishing vessels, 24 meters (78.74 feet) or more in overall 
length, used to target tuna (i.e., any fish of the genus Thunnus or of 
the species Euthynnus (Katsuwonus) pelamis (skipjack tuna)) in the 
waters of the Convention Area. The Convention Area is bounded by the 
west coast of the Americas and on the north, south, and west 
respectively, by the 50[deg] N. and 50[deg] S. parallels, and the 
150[deg] W. meridian. The original proposed rule was intended to ensure 
full U.S. implementation of Resolution C-04-06, adopted by the Inter-
American Tropical Tuna Commission (IATTC) at its 72nd Meeting in June 
2004.
    After publication of the original proposed rule, the IATTC adopted 
Resolution C-14-02 at its 87th Meeting in July 2014, which amends and 
replaces Resolution C-04-06. This supplemental proposed rule revises 
the applicability of the VMS requirements to reflect Resolution C-14-02 
and updates other sections of the regulatory text that was published in 
the original proposed rule. The regulatory text of the original 
proposed rule is republished in this supplemental proposed rule with 
the changes described above and in more detail below.

Background and Need for Action

    A detailed description of the original proposed rule was published 
in the preamble to that rule, which is available online (https://federalregister.gov/a/2014-02598) and from NMFS (see ADDRESSES). The 
VMS requirements from the original proposed rule are briefly summarized 
here.
    Commercial fishing vessels that are 24 meters or more in overall 
length are required to install, activate, carry and operate VMS units 
(also known as ``mobile transmitting units''). The VMS units and mobile 
communications service providers must be type-approved by NOAA for 
fisheries in the IATTC Convention Area. Information for current NOAA 
type-approved VMS units can be obtained from: NOAA,

[[Page 28573]]

Office of Law Enforcement (OLE), 1315 East-West Hwy, Suite 3301, Silver 
Spring, MD 20910-3282; telephone at (888) 210-9288; fax at (301) 427-
0049. Or, by contacting NOAA OLE VMS Helpdesk: telephone: (888) 219-
9228; email: [email protected]; or online by going to http://www.nmfs.noaa.gov/ole/about/our_programs/vessel_monitoring.html, and 
click ``approved VMS units.'' The business hours of the VMS Helpdesk 
are: Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., 
Eastern Time.
    Compliance with the existing VMS requirements at 50 CFR 300.219, 50 
CFR 660.712, 50 CFR 660.14, or 50 CFR 665.19 would satisfy these new 
requirements relating to the installation, carrying, and operation of 
VMS units, provided that the VMS unit and mobile communications service 
provider are type-approved by NOAA for fisheries in the Convention 
Area, and the VMS unit is operated continuously at all times while the 
vessel is at sea unless the Special-Agent-In-Charge, NOAA Office of Law 
Enforcement, Pacific Islands Division (or designee) (SAC) authorizes a 
VMS unit to be shut down and the same requirements proposed for the 
case of VMS unit failure are followed.
    This supplemental proposed rule would revise the proposed rule in 
the following ways: (1) Expand the applicability of the VMS 
requirements to include fishing activities for tuna-like species in the 
Convention Area; (2) additional conditions to allow the SAC to 
authorize a vessel owner or operator to shut down a VMS unit; (3) 
update the address for the SAC; (4) update the definition of 
``Convention Area;'' (5) revise the description of the purpose and 
scope of part 300, subpart C, section 300.20 of Title 50 of the Code of 
Federal Regulations (CFR); and (6) make minor revisions to the 
regulatory text for punctuation and clarify circumstances when a vessel 
owner or operator is responsible for an action. These changes are 
described in greater detail below.
    First, IATTC Resolution C-14-02 expanded the scope of the initial 
IATTC Resolution. The original proposed rule would have applied only to 
commercial fishing vessels that are 24 meters or more in overall length 
and used to target tuna in the Convention Area. This supplemental 
proposed rule would apply to commercial fishing vessels engaging in 
fishing activities for tuna or tuna-like species, including those 
managed under the Fishery Management Plan for U.S. West Coast Fisheries 
for Highly Migratory Species, in conformance with Resolution C-14-02. 
Therefore, this supplemental proposed rule would apply to any 
commercial fishing vessel of the United States that is 24 meters or 
more in overall length and engaging in fishing activities for tuna or 
tuna-like species in the Convention Area, and for which any of the 
following permits is required: Pacific highly migratory species permit 
under 50 CFR 660.707, or high seas fishing permit under 50 CFR 300.13.
    Second, the supplemental proposed rule would allow additional 
conditions for the SAC to authorize a vessel owner or operator to shut 
down a VMS unit. Vessel owners or operators must submit requests to 
shut down their VMS unit to the SAC. See the regulatory text for more 
details on the specific conditions and procedures for obtaining SAC 
authorization for shutting down VMS units.
    Third, the supplemental proposed rule would update the address for 
the SAC of the Pacific Islands Division, reflecting an address change 
that occurred after the publication of the original proposed rule.
    Fourth, this supplemental proposed rule would also update the 
regulatory definition of the Convention Area, which is currently 
defined as the waters within the area bounded by the mainland of the 
Americas, lines extending westward from the mainland of the Americas 
along the 40[deg] N. latitude and 40[deg] S. latitude, and 150[deg] W. 
longitude. The current regulatory definition would be updated to be 
consistent with the definition described in the preamble of the 
original proposed rule, and the Convention for the Strengthening of the 
Inter-American Tropical Tuna Commission (Antigua Convention). The 
Antigua Convention entered into force in 2010 and all IATTC resolutions 
adopted subsequent to 2010, such as Resolution C-14-02, are premised on 
the definition of ``Convention Area'' in the Antigua Convention. 
Accordingly, this supplemental proposed rule would define the 
Convention Area as all waters of the eastern Pacific Ocean within the 
area bounded by the west coast of the Americas and by the following 
lines: The 50[deg] N. parallel from the coast of North America to its 
intersection with the 150[deg] W. meridian; the 150[deg] W. meridian to 
its intersection with the 50[deg] S. parallel; and the 50[deg] S. 
parallel to its intersection with the coast of South America.
    If the proposed update to the regulatory definition of the 
Convention Area becomes effective, there would be no additional impacts 
to vessels. Although NMFS relied on the current definition (40[deg] N. 
latitude and 40[deg] S. latitude, and 150[deg] W. longitude) of the 
Convention Area to modify the procedures and requirements for the 
Regional Vessel Register for the IATTC (74 FR 1607, January 13, 2009), 
NMFS uses permits rather than fishing area as a basis for providing the 
IATTC a list of U.S. vessels to be placed on the Regional Vessel 
Register. Specifically, NMFS considers vessels that are authorized to 
fish for highly migratory species in the Convention Area under the 
following fishing permits: Pacific highly migratory species permit 
under 50 CFR 660.707, and high seas fishing permit under 50 CFR 300.13. 
Therefore, the proposed update to the regulatory definition of the 
Convention Area would not affect the current process NMFS uses to 
provide the IATTC a list of U.S. vessels to place on the Regional 
Vessel Register.
    Lastly, the supplemental proposed rule would update the purpose and 
scope of Title 50, part 300, subpart C, section 300.20 of the CFR for 
consistency with the updated definition for the Convention Area.

Classification

    The NMFS Assistant Administrator has determined that this 
supplemental proposed rule is consistent with the Tuna Conventions Act 
of 1950 and other applicable laws, subject to further consideration 
after public comment.

National Environmental Policy Act

    This action is categorically excluded from the requirement to 
prepare an environmental assessment in accordance with NAO 216-6. A 
memorandum for the file has been prepared that sets forth the decision 
to use a categorical exclusion.

Executive Order 12866

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

Regulatory Flexibility Act

    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
the original proposed rule (79 FR 7152), published on February 6, 2014, 
as required by section 604 of the Regulatory Flexibility Act (RFA) and 
is not repeated here. As described above, this supplemental proposed 
rule would not result in different impacts than those described in the 
IRFA for the original proposed rule.
    As discussed in the preamble, this supplemental proposed rule would 
expand the applicability of the VMS requirements to commercial fishing 
vessels that are 24 meters or more in overall length and engaging in 
fishing activities for tuna or tuna-like species in the Convention 
Area. To estimate the

[[Page 28574]]

number of affected entities for the original proposed rule, the number 
of vessels authorized to fish for highly migratory species in the 
Convention Area through fishing permits was considered a reasonable 
proxy. The permits used to estimate affected entities were those issued 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) through regulations codified at 
50 CFR 660.707 or under the authority of the High Seas Fishing 
Compliance Act of 1995 (16 U.S.C. 5501 et seq.) through regulations 
codified at 50 CFR 300.13. NMFS also considers these fishing permits a 
reasonable proxy for estimating the number of vessels used to fish for 
tuna or tuna-like species in the Convention Area. Copies of the IRFA, 
prepared for the original proposed rule, are available from NMFS (see 
ADDRESSES).

Paperwork Reduction Act Collections of Information

    This supplemental proposed rule contains a collection-of-
information requirement subject to the Paperwork Reduction Act (PRA) 
and approved by OMB under control number (0648-0690) for the original 
proposed rule (79 FR 7152), published on February 6, 2014. This 
supplemental proposed rule does not result in changes to the burden 
hour estimates prepared for the original proposed rule. Public comment 
regarding the burden-hour estimates or other aspects of the collection-
of-information requirements was requested in the original proposed 
rule.

List of Subjects in 50 CFR Part 300

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

    Dated: May 11, 2015.
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 
proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

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


    Authority: 16 U.S.C. 951-961 et seq.

0
2. Section 300.20 is revised to read as follows:


Sec.  300.20  Purpose and scope.

    The regulations in this subpart are issued under the authority of 
the Tuna Conventions Act of 1950 (Act) and apply to persons and vessels 
subject to the jurisdiction of the United States. The regulations 
implement resolutions of the Inter-American Tropical Tuna Commission 
(IATTC) for the conservation and management of stocks of highly 
migratory fish resources in the Convention Area.
0
3. In Sec.  300.21, the definition for ``Convention Area'' is revised 
and the definitions for ``Commercial'', ``Vessel monitoring system 
(VMS)'', and ``VMS unit'' are added, in alphabetical order, to read as 
follows:


Sec.  300.21  Definitions.

* * * * *
    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.
* * * * *
    Convention Area or IATTC Convention Area, means all waters of the 
eastern Pacific Ocean within the area bounded by the west coast of the 
Americas and by the following lines: The 50[deg] N. parallel from the 
coast of North America to its intersection with the 150[deg] W. 
meridian; the 150[deg] W. meridian to its intersection with the 50[deg] 
S. parallel; and the 50[deg] S. parallel to its intersection with the 
coast of South America.
* * * * *
    Vessel monitoring system (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.
0
4. In Sec.  300.24, paragraphs (y) through (bb) are added to read as 
follows:


Sec.  300.24  Prohibitions.

* * * * *
    (y) Fail to install, activate, or operate a VMS unit as required in 
Sec.  300.26(c).
    (z) In the event of VMS unit failure or interruption; fail to 
repair or replace a VMS unit; fail to notify the Special-Agent-In-
Charge, NOAA Office of Law Enforcement, Pacific Islands Division (or 
designee); and follow the instructions provided; or otherwise fail to 
act as provided in Sec.  300.26(c)(4).
    (aa) Disable, destroy, damage or operate improperly a VMS unit 
installed under Sec.  300.26, 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.  300.26(e).
    (bb) Fail to make a VMS unit installed under Sec.  300.26 or the 
position data obtained from it available for inspection, as provided in 
Sec.  300.26(f) and (g).
0
5. Section 300.26 is added to read as follows:


Sec.  300.26  Vessel monitoring system (VMS).

    (a) Special-Agent-In-Charge (SAC), NOAA Office of Law Enforcement, 
Pacific Islands Division (or designee) and VMS Helpdesk contact 
information and business hours:
    (1) The contact information for the SAC for the purpose of this 
section: 1845 Wasp Blvd., Building 176, Honolulu, HI 96818; telephone: 
(808) 725-6100; facsimile: 808-725-6199; email: [email protected]; 
business hours: Monday through Friday, except Federal holidays, 8 a.m. 
to 4:30 p.m., Hawaii Standard Time.
    (2) The contact information for the NOAA Office of Law 
Enforcement's VMS Helpdesk is telephone: (888) 219-9228; email: 
[email protected]. The business hours of the VMS Helpdesk are 
Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., 
Eastern Time.
    (b) Applicability. This section applies to any U.S. commercial 
fishing vessel that is 24 meters or more in overall length and engaging 
in fishing activities for tuna or tuna-like species in the Convention 
Area, and for which either of the following permits is required: 
Pacific highly migratory species permit under Sec.  660.707, or high 
seas fishing permit under Sec.  300.13 of this part.
    (c) Provisions for Installation, Activation and Operation--(1) VMS 
Unit Installation. The vessel owner or operator must 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 NOAA for fisheries in the IATTC Convention Area. The 
vessel owner or operator shall arrange for a NOAA-approved mobile 
communications service provider to receive and relay transmissions from 
the VMS unit to NOAA. The vessel owner or operator shall authorize NOAA 
OLE, the U.S. Coast Guard (USCG) and other authorized entities to 
receive and relay position reports. The owner or operator must 
authorize NOAA to set up the reporting interval of the VMS unit as once 
per hour. The NOAA OLE VMS Helpdesk is available to provide

[[Page 28575]]

instructions for VMS installation and a list of the current type-
approved VMS units and mobile communication 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 or operator must, prior to leaving port:
    (i) Turn on the VMS unit to make it operational;
    (ii) Submit a written activation report to the SAC, via mail, 
facsimile or email, that includes the vessel's name; the vessel's 
official number; the VMS unit manufacturer and identification number; 
and telephone, facsimile or email contact information for the vessel 
owner or operator; and
    (iii) Receive verbal or written confirmation from the SAC that the 
proper VMS unit 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 in port or otherwise not at 
sea, or if, after the end of the fishing season, the vessel will no 
longer be engaging in fishing activities in the Convention Area for 
which either a Pacific highly migratory species permit or a high seas 
fishing permit is required, provided that the owner or operator:
    (i) Prior to shutting down the VMS unit, reports to the SAC or the 
NOAA Office of Law Enforcement's VMS Helpdesk via facsimile, email, or 
web-form the following information: The intent to shut down the VMS 
unit; the vessel's name; the vessel's official number; an estimate for 
when the vessel's VMS may be turned back on; and telephone, facsimile 
or email contact information for the vessel owner or operator. In 
addition, the vessel owner or operator shall receive verbal or written 
confirmation from the SAC before shutting down the VMS unit after the 
end of the fishing season; 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 
email, the following information: That the VMS unit has been turned on; 
the vessel's name; the vessel's official number; and telephone, 
facsimile or email 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 VMS unit has become inoperable or 
transmission of automatic position reports from the VMS unit has been 
interrupted, or if notified by NOAA 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 or operator shall comply with the following 
requirements:
    (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 email 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 50 CFR 300.219, 50 CFR 
660.712, 50 CFR 660.14, or 50 CFR 665.19 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, unless the SAC authorizes a VMS unit to be shut down as described 
in paragraph (c)(3), the VMS unit and mobile communications service 
providers are type-approved by NOAA for fisheries in IATTC Convention 
Area, the owner or operator has authorized NOAA to receive and relay 
transmissions from the VMS unit, and the specific requirements of 
paragraph (c)(4) of this section are followed. If the VMS unit is owned 
by NOAA, the requirement under paragraph (c)(4) of this section to 
repair or replace the VMS unit will be the responsibility of NOAA, 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 NOAA as required in paragraph (c) of this section. 
However, if NOAA is paying for the VMS-associated costs because the VMS 
unit is carried and operated under a requirement of 50 CFR 300.219, 50 
CFR 660.712, or 50 CFR 665.19, the vessel owner and operator shall not 
be responsible to pay the costs.
    (e) Tampering. The vessel owner and operator must ensure that the 
VMS unit is not tampered with, disabled, destroyed, damaged or 
maintained improperly, and that its operation is not impeded or 
interfered with.
    (f) Inspection. The vessel owner and operator must make the VMS 
unit, including its antenna, connectors and antenna cable, available 
for inspection by authorized officers.
    (g) Access to data. The vessel owner and operator must 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.

[FR Doc. 2015-11991 Filed 5-18-15; 8:45 am]
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