[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Proposed Rules]
[Pages 43694-43704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18050]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150122068-5068-01]
RIN 0648-BE84


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Effort and Catch Limits and Other 
Restrictions and Requirements

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

ACTION: Proposed rule; proposed specifications.

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SUMMARY: NMFS proposes and seeks comments on a proposed rule and 
proposed specifications to be issued under authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (WCPFC 
Implementation Act). The proposed rule would establish a framework 
under which NMFS would specify limits on fishing effort and catches, as 
well as spatial and temporal restrictions on particular fishing 
activities and other requirements, in U.S. fisheries for highly 
migratory fish species in the western and central Pacific Ocean (WCPO). 
NMFS would issue the specifications as needed to implement conservation 
and management measures adopted by the Commission for the Conservation 
and Management of Highly Migratory Fish Stocks in the Western and 
Central Pacific Ocean (Commission or WCPFC). The proposed rule also 
would require that certain U.S. fishing vessels operating in the WCPO 
obtain ``IMO numbers.'' The proposed rule also includes changes to 
regulations regarding tuna catch retention requirements for purse seine 
vessels, requirements to install and carry vessel monitoring system 
(VMS) units, daily reporting requirements, and other changes that are 
administrative in nature.
    Using the proposed regulatory framework described above, NMFS 
proposes restrictions on the use of fish aggregating devices by purse 
seine vessels in 2015.
    These actions are necessary 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, to which it is a Contracting Party.

DATES: Comments on the proposed rule or proposed specifications must be 
submitted in writing by August 7, 2015.

ADDRESSES: You may submit comments on the proposed rule, proposed 
specifications, and the regulatory impact review (RIR) prepared for the 
proposed rule and proposed specifications, identified by NOAA-NMFS-
2015-0072, by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0072,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
    --OR--
     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
might not be considered by NMFS. 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 and address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    An initial regulatory flexibility analysis (IRFA) prepared under 
authority of the Regulatory Flexibility Act is included in the 
Classification section of the SUPPLEMENTARY INFORMATION section of this 
document.
    Copies of the RIR and the programmatic environmental assessment 
(PEA) prepared for National Environmental Policy Act (NEPA) purposes 
are available at www.regulations.gov or may be obtained from Michael D. 
Tosatto, Regional Administrator, NMFS PIRO (see address above).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Michael D. Tosatto, Regional 
Administrator, NMFS PIRO (see address above) 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 the Convention

    The Convention on the Conservation and Management of Highly 
Migratory

[[Page 43695]]

Fish Stocks in the Western and Central Pacific Ocean (Convention) 
focuses on the conservation and management of highly migratory species 
(HMS) and the management of fisheries for HMS. The objective of the 
Convention is to ensure, through effective management, the long-term 
conservation and sustainable use of HMS in the WCPO. To accomplish this 
objective, the Convention established the Commission, which includes 
Members, Cooperating Non-members, and Participating Territories. The 
United States of America is a Member. American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands are Participating 
Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States is obligated to implement conservation 
and management measures adopted by the Commission and other decisions 
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et 
seq.), 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 WCPFC Implementation Act 
further provides that the Secretary of Commerce shall ensure 
consistency, to the extent practicable, of fishery management programs 
administered under the WCPFC Implementation Act and the Magnuson-
Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et 
seq.), as well as other specific laws (see 16 U.S.C. 6905(b)). The 
Secretary of Commerce has delegated the authority to promulgate 
regulations under the WCPFC Implementation Act to NMFS. A map showing 
the boundaries of the area of application of the Convention (Convention 
Area), which comprises the majority of the WCPO, can be found on the 
WCPFC Web site at: www.wcpfc.int/doc/convention-area-map.

Implementation of Commission Decisions

    To date NMFS has implemented the Commission's decisions through 
regulations establishing specific requirements, restrictions, and 
prohibitions. This proposed rule includes several such specific 
regulations, and it also includes more general regulations that would 
establish a framework within which NMFS could establish specific 
requirements and restrictions. Under the framework, NMFS would issue 
and seek public comment on proposed specifications through 
announcements in the Federal Register, and subsequently issue final 
specifications through announcements in the Federal Register. The 
specifications would be designed to satisfy the obligations of the 
United States with respect to particular provisions of conservation and 
management measures adopted by the Commission. The specifications could 
include fishing effort limits, catch limits, and other restrictions on 
particular fishing activities during specific periods and/or in 
specific areas.
    This proposed action is described in the following sections under 
four categories. The first three categories are regulatory changes, and 
include: (1) Framework to implement Commission decisions; (2) 
requirement to obtain IMO number; and (3) other regulatory changes. The 
last category proposes specifications for the purse seine fishery for 
2015; specifically: (4) purse seine fish aggregation device (FAD) 
restrictions.

Regulatory Changes

    This proposed rule includes several elements, described in detail 
below, that would be included in the regulations at 50 CFR part 300 
Subpart O under three categories. The first would establish a framework 
to implement Commission decisions, the second would require that 
certain fishing vessels be issued IMO numbers, and the third would make 
changes to several existing regulations to implement Commission 
decisions, some of which are administrative in nature.

1. Framework To Implement Commission Decisions

    The proposed rule would establish a framework under which NMFS 
would specify fishing effort limits, catch limits, and other 
restrictions and requirements in U.S. fisheries for HMS in the 
Convention Area to implement particular decisions of the Commission. 
The framework would not be used to implement all Commission decisions, 
but rather those that are amenable to the framework process, such as 
quantitative fishing effort limits and catch limits, and spatial and/or 
temporal restrictions on specific fishing activities. For the purpose 
of describing the proposed framework, all such restrictions and 
requirements are called ``limits.''
    Purpose of framework: The purpose of a framework is to make it 
possible to manage fisheries more responsively under conditions 
requiring ``real time'' management. Such conditions exist in the 
context of the Convention because the Commission makes decisions that 
must be implemented by its members quickly--often within 60 days of the 
decision. The framework proposed here would allow NMFS to implement 
Commission decisions more rapidly than it would be able to without such 
a framework. The proposed framework, which would be codified at 50 CFR 
part 300, subpart O, contains the parameters within which NMFS could 
take specific actions, including the types of actions it could take, as 
well as the procedures for doing so. Limits implemented by NMFS under 
the proposed framework, called ``specifications,'' would be announced 
in the Federal Register. Except when warranted and allowed by law, 
specifications would be subject to prior public notice and comment. The 
limits specified under the framework would likely, but not always, be 
time-limited.
    Types and details of limits: The types of limits that would be 
specified under the framework include quantitative limits on the weight 
or number of fish that may be caught, retained, transshipped, landed, 
and/or sold; quantitative limits on the amount of fishing effort that 
may be expended, such as in terms of amounts of time vessels spend at 
sea or engaged in fishing or engaged in particular fishing activities 
or other measures of fishing effort, such as the number of gear sets or 
deployments of gear; and restrictions or prohibitions on particular 
fishing activities in certain areas and/or periods.
    Most recent Commission decisions do not apply in territorial seas 
or archipelagic waters. Accordingly, the framework regulations would 
state that any specified limit would not--unless otherwise indicated in 
the specification--apply in the territorial seas or archipelagic waters 
of the United States or any other nation, as defined by the domestic 
laws and regulations of that nation and recognized by the United 
States. If a Commission decision does apply in territorial seas and/or 
archipelagic waters, the specification issued by NMFS to implement that 
decision would specify that it does apply in those areas.
    For each limit specified under the framework, NMFS would identify 
the area and period in which it applies, and as appropriate, the vessel 
types, gear types, species, fish sizes, and any other relevant 
attributes to which it applies. For spatial or temporal limits, NMFS 
would also specify the specific activities that would be restricted in 
the area or period, and for quantitative limits, NMFS would specify the 
restrictions

[[Page 43696]]

and requirements that would go into effect after the limit is reached 
and the applicable dates of those restrictions and requirements. These 
restrictions and requirements could include a prohibition on the catch, 
retention, transshipment and/or landing of specific species or specific 
sizes of specific species, a prohibition on the use of specific fishing 
gears or methods, restrictions on specific fishing activities, and 
reporting or other requirements.
    Fisheries affected: In the decisions of the Commission, the three 
Participating Territories of the United States--American Samoa, the 
Commonwealth of the Northern Mariana Islands, and Guam--often are 
treated separately from the United States. For example, the fisheries 
of the territories often are subject to different controls and limits 
than are the fisheries of the United States. Therefore, to implement 
the Commission decisions, it is necessary to distinguish the fisheries 
from each other because fishing vessels from the Participating 
Territories are flagged vessels of the United States. The proposed 
regulatory framework would include criteria to distinguish the 
fisheries from each other, for the purpose of attributing fishing 
effort and catch among the fisheries, and determining to which vessels 
a given restriction applies. The proposed criteria mirror those used in 
previous regulations issued under the WCPFC Implementation Act. Under 
the proposed criteria, all fishing activities by U.S. fishing vessels 
would be considered to be part of a fishery of the United States except 
as follows:
    1. Except as provided under paragraphs 2 and 3 below, if catch is 
landed in American Samoa, Guam, or the Commonwealth of the Northern 
Mariana Islands, the catch and associated fishing effort are considered 
part of a fishery of the territory in which it is landed, provided 
that: (a) It was not caught using purse seine gear; (b) it was not 
caught in any portion of the U.S. exclusive economic zone (EEZ) other 
than the portion of the U.S. EEZ surrounding the territory in which it 
was landed; and (c) it was landed by a fishing vessel operated in 
compliance with a valid permit issued under 50 CFR 660.707 or 665.801.
    2. Except as provided under paragraph 3 below, if catch is made by 
longline gear by a vessel registered for use under a valid American 
Samoa Longline Limited Access Permit issued under 50 CFR 665.801(c), 
the catch and associated fishing effort are considered part of a 
fishery of American Samoa, provided that: (a) It was not caught in any 
portion of the U.S. EEZ other than the portion of the U.S. EEZ 
surrounding American Samoa; and (b) it was landed by a fishing vessel 
operated in compliance with a valid permit issued under 50 CFR 660.707 
or 665.801.
    3. If catch or fishing effort is made by a vessel that is included 
in a specified fishing agreement under 50 CFR 665.819(c), the catch and 
associated fishing effort are considered part of a fishery of American 
Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, 
according to the terms of the agreement to the extent the agreement is 
consistent with 50 CFR 665.819(c) and other applicable laws, provided 
that: (a) The start date specified in 50 CFR 665.819(c)(9)(i) has 
occurred or passed; and (b) NMFS has not made a determination under 50 
CFR 665.819(c)(9)(iii) that the catch or fishing effort exceeds any 
limit allocated to the territory that is a party to the agreement.
    Allocation of limits: Under the proposed framework, NMFS could 
allocate a Commission-mandated limit among different fisheries sectors, 
such as among groups of fishing vessels that use different types of 
fishing gear. For example, given a Commission decision to limit catches 
of a particular species irrespective of the type of fishing gear used 
to catch it, NMFS could decide to allocate the limit between the 
longline and the purse seine fisheries, using the proposed framework to 
establish specific limits for each of the two fisheries. NMFS could 
also use the framework to specify limits for particular fisheries even 
when the Commission-mandated limit is not specific to particular 
fisheries.
    The proposed framework would not be used to allocate Commission-
mandated limits among individual fishing vessels (except in the case 
where a single fishing vessel comprises an entire sector or fishery). 
This would not preclude NMFS from allocating Commission-mandated limits 
among individual fishing vessels through separate regulations.
    Framework procedures: The framework's procedures for specifying 
limits would be as follows: NMFS would publish in the Federal Register 
a notice of the proposed specification and a request for public comment 
on the proposed specification. The proposed specification would include 
all the relevant characteristics of the limit. After consideration of 
public comment received on the proposed specification, NMFS would 
publish in the Federal Register a notice of the final specification.
    Consequences of limits being reached: For quantitative limits, NMFS 
would monitor catch or fishing effort with respect to the specified 
limit using data submitted in vessel logbooks and other available 
information. When NMFS estimates or projects that the specified limit 
has been or will be reached, NMFS would publish a notification to that 
effect in the Federal Register. For quantitative limits, this 
notification would include an advisement that specific activities will 
be restricted, and/or that certain requirements will be in place, 
during a specific period. The notification would specify the 
restrictions and requirements and the specific activities to which they 
apply and the start and end dates and times of those restrictions. The 
start date of the restrictions and requirements would not be earlier 
than 7 days after the date of filing the closure notice for public 
inspection at the Office of the Federal Register.

2. Requirement To Obtain IMO Number

    This element of the proposed rule would apply to all U.S. fishing 
vessels (including those participating in the fisheries of the U.S. 
Participating Territories) that are used for commercial fishing for 
highly migratory fish stocks in the Convention Area either on the high 
seas or in waters under the jurisdiction of a foreign nation, and the 
gross tonnage of which is at least 100 GRT (gross register tons) or 100 
GT (gross tons) ITC. This requirement would implement a decision of the 
Commission made in 2013 as part of CMM 2013-10, ``WCPFC Record of 
Fishing Vessels and Authorization to Fish.'' CMM 2013-10 requires each 
member of the Commission, including the United States, to maintain a 
record of its fishing vessels that are authorized to fish in the 
Convention Area beyond its area of national jurisdiction, and to 
periodically share the information in its record with the Commission. 
As reflected in CMM 2013-10, in 2013 the Commission decided to require 
that an additional piece of information be included in members' records 
for fishing vessels whose gross tonnage is at least 100 GRT or 100 GT: 
The International Maritime Organization (IMO) number or Lloyd's 
Register number. An IMO number, also known as an IMO ship 
identification number, is the number issued for a ship or vessel under 
the ship identification number scheme established by the International 
Maritime Organization. An IMO number is unique and stays with the 
vessel for its life, regardless of changes in the vessel's flag, name, 
ownership, or other attributes. As used in CMM 2013-10, ``Lloyd's 
Register number,'' or ``LR number,'' has the same meaning as IMO

[[Page 43697]]

number except that the former refers to the number issued for a vessel 
that is not required--under IMO agreements--to be issued an IMO number. 
The administrator of the IMO ship identification number scheme issues 
both types of numbers using the same numbering scheme. Hereafter in 
this proposed rule, ``IMO number'' is used to refer to both IMO numbers 
and Lloyd's Register numbers. Currently, IMO numbers are issued on 
behalf of the IMO by IHS Maritime, the current administrator of the IMO 
ship identification number scheme.
    For each of the subject fishing vessels described above, this 
proposed rule would require that the owner of the fishing vessel ensure 
that an IMO number has been issued for the vessel. Furthermore, 
satisfying this requirement, if applicable, would be made a 
prerequisite for eligibility to receive a WCPFC Area Endorsement. The 
WCPFC Area Endorsement is the endorsement required--along with a high 
seas fishing permit--for a U.S. fishing vessel to be used for 
commercial fishing for HMS on the high seas in the Convention Area (see 
50 CFR 300.212).
    If not already issued, the vessel owner may request that an IMO 
number be issued by following the instructions given by IHS Maritime, 
available at: www.imonumbers.lrfairplay.com/default.aspx. There is no 
fee for making such a request or having an IMO number issued, but 
specific information about the fishing vessel and its ownership and 
management must be provided to the administrator of the scheme.
    Because IHS Maritime is not affiliated with the U.S. government and 
its actions are outside the control of NMFS and the U.S. government, 
the proposed rule includes a process for fishing vessel owners to claim 
to NMFS that they are unable--through no fault of their own--to obtain 
IMO numbers. NMFS would review the claim, assist the fishing vessel 
owner as appropriate, and if it determines that it is infeasible or 
impractical for the fishing vessel owner to comply with the 
requirement, NMFS would issue an exemption from the requirement for a 
specific or indefinite amount of time. The exemption would become void 
if ownership of the fishing vessel changes.

3. Other Regulatory Changes

    The proposed rule includes several other changes to the existing 
regulations to enhance clarity and promote efficiency, some of which 
are administrative in nature.
    First, this rule proposes to remove the regulations requiring that 
U.S. purse seine vessels carry WCPFC observers on fishing trips in the 
Convention Area (50 CFR 300.223(e)) because the applicable dates of the 
requirements, which extended through December 31, 2014, have passed. 
NMFS emphasizes that U.S. purse seine vessels operating in the 
Convention Area are, and will likely continue to be, subject to 
requirements to carry WCPFC observers under the current regulations at 
50 CFR 300.215. Under this section, U.S. fishing vessels operating in 
the Convention Area must carry a WCPFC observer when directed to do so 
by NMFS. NMFS has issued such directions to purse seine vessel owners 
for 2015, and anticipates doing so in subsequent years.
    Second, this rule proposes to revise the definition of ``fishing 
day'' to remove the reference to 50 CFR 300.223. As currently defined 
at 50 CFR 300.211, the term applies only to the regulations at 50 CFR 
300.223, ``Purse seine fishing restrictions,'' which establish limits 
on purse seine fishing effort, restrictions on the use of FADs, and 
other restrictions that apply to purse seine fishing. Because under 
this proposed rule some restrictions of those types would be 
established under a new regulatory section devoted to the framework, 
NMFS proposes to revise the term ``fishing day'' to apply more broadly 
to all the regulations in 50 CFR part 300 subpart O, but it would 
continue to be limited to the activities of purse seine fishing 
vessels. Under this proposed rule, ``fishing day'' would mean, for 
fishing vessels equipped with purse seine gear, any day in which a 
fishing vessel searches for fish, deploys a FAD, services a FAD, or 
sets a purse seine, with the exception of setting a purse seine solely 
for the purpose of testing or cleaning the gear and resulting in no 
catch.
    Third, this rule proposes to remove certain elements of the 
existing regulations that require purse seine vessels in the Convention 
Area to retain on board all the catch of three species of tuna (bigeye 
tuna, yellowfin tuna, and skipjack tuna), with certain exceptions (50 
CFR 300.223(d)), because they are obsolete. When the first version of 
these regulations was established in 2009 (final rule published August 
4, 2009; 74 FR 38544), the catch retention requirements were made 
contingent on a continuing determination by NMFS that there are an 
adequate number of WCPFC observers available for the purse seine 
vessels of all members of the Commission as necessary to ensure 
compliance by such vessels with the catch retention requirements. This 
contingency was based on the provisions of the Commission decision 
being implemented at the time, CMM 2008-01, which included a qualifier 
that the catch retention requirements were subject to implementation by 
Commission members of 100 percent observer coverage for purse seine 
vessels. However, CMM 2014-01, a successor to CMM 2008-01, which is 
currently in effect, does not include any such qualifier for the catch 
retention requirements. Thus, this proposed rule would remove 
paragraphs (1) and (2) of 50 CFR 300.223(d), which contain the 
contingencies.
    Fourth, this rule proposes to make changes to the requirements 
related to the installation and operation of vessel monitoring system 
(VMS) units on fishing vessels that are used to fish commercially for 
HMS on the high seas in the Convention Area. The current regulations at 
50 CFR 300.219 require the owner and the operator (i.e., the master or 
other individual aboard and in charge of the vessel) of any such vessel 
to expressly authorize NMFS and the Commission to receive and relay 
transmissions from the VMS unit. NMFS proposes to revise those 
regulations to provide NMFS and the Commission with an implicit 
authorization to receive and relay transmissions from the unit. In 
other words, under the proposed change, an explicit written 
authorization from the vessel owner and operator would not be needed 
for NMFS and the Commission to receive and relay transmissions from the 
VMS unit. NMFS recognizes this requirement is an unnecessary step and 
therefore is proposing to remove this requirement.
    Finally, this rule proposes changes to the requirement for the 
owners or operators of U.S. purse seine vessels to submit to NMFS daily 
reports on how many sets were made on FADs. These reports enable NMFS 
to monitor the number of purse seine sets on FADs (``FAD sets'') to 
determine if they are within the established limits. The existing 
requirement, at 50 CFR 300.218(g), only goes into effect when NMFS 
publishes a notice in the Federal Register announcing that it is in 
effect. NMFS has never issued such a notice because there is currently 
no limit on the number of FAD sets. NMFS expects that the proposed 
framework to implement Commission decisions, as described earlier in 
the preamble, could be used to establish limits on FAD sets in the 
future. NMFS proposes to revise the daily FAD reporting requirement to 
make the daily report process more efficient, if FAD limits are put in 
place. Under the proposed revisions, NMFS would remove the requirement 
for the publication of a Federal Register notice,

[[Page 43698]]

and instead allow NMFS to contact vessel owners or operators directly 
with instructions on the timing and submission of the reports. This 
would give NMFS more flexibility in specifying when the reports are 
required. NMFS anticipates directing vessel owners or operators to 
submit the reports only in periods during which limits on FAD sets are 
in place. Under the proposed revised reporting requirement, if directed 
by NMFS, the owner or operator of any fishing vessel of the United 
States equipped with purse seine gear must report to NMFS, within 24 
hours of the end of each day that the vessel is at sea in the 
Convention Area the number of purse seine sets that were made on FADs 
during the period and in the format and manner directed by the NMFS 
Pacific Islands Regional Administrator.

Proposed Specifications

    Using the framework proposed to be established at 50 CFR 300.227, 
as described above, NMFS proposes specifications to implement 
particular provisions of CMM 2014-01, ``Conservation and Management 
Measure for Bigeye, Yellowfin and Skipjack Tuna in the Western and 
Central Pacific Ocean,'' adopted at the Commission's Eleventh Regular 
Session, in December 2014. CMM 2014-01 is a successor to, and is only 
slightly modified from, CMM 2013-01. These and other WCPFC conservation 
and management measures are available at: www.wcpfc.int/conservation-and-management-measures.
    The stated general objective of CMM 2014-01, and several of its 
predecessor CMMs, is to ensure that the stocks of bigeye tuna, 
yellowfin tuna, and skipjack tuna in the WCPO are, at a minimum, 
maintained at levels capable of producing their maximum sustainable 
yield as qualified by relevant environmental and economic factors. CMM 
2014-01 includes specific objectives for each of the three stocks; the 
common objective is that the fishing mortality rate is to be reduced to 
or maintained at levels no greater than the fishing mortality rate 
associated with maximum sustainable yield.
    The provisions of CMM 2014-01 apply on the high seas and in EEZs in 
the Convention Area; that is, they do not apply in territorial seas or 
archipelagic waters.
    CMM 2014-01 went into effect February 3, 2015, and is generally 
applicable for the 2015-2017 period. The CMM includes provisions for 
purse seine vessels, longline vessels, and other types of vessels that 
fish for HMS.
    The specifications proposed here are for 2015 only. NMFS 
anticipates proposing specifications for subsequent years separately, 
and generally on a year-by-year basis.
    The only provisions of the CMM that would be implemented in the 
specifications proposed here are those related to restrictions on the 
use of FADs in purse seine fisheries. For reasons of timing, NMFS 
intends to implement the CMM's provisions for longline fisheries, 
specifically, the provisions requiring that longline catches of bigeye 
tuna in the Convention Area in 2015 be limited to specified levels, 
through a separate rulemaking that would not make use of the framework 
proposed in this document (the catch limit for 2015 would be 
established in regulations at 50 CFR 300.224, as done in previous 
years). However, for years subsequent to 2015, NMFS anticipates using 
the proposed framework to establish longline bigeye tuna catch limits, 
as well as to implement other Commission decisions.
    Below, the proposed specification related to purse seine FAD 
restrictions is introduced by describing the relevant provisions of CMM 
2014-01, or the ``Commission decision.'' That description is followed 
by a description of the basis for NMFS' proposed specification, and the 
proposed specification itself.

4. Purse Seine FAD Restrictions

    Commission decision: Paragraphs 14-19 of CMM 2014-01 require WCPFC 
members to implement certain restrictions on the use of FADs by purse 
seine fishing vessels. All the restrictions are to be applied in the 
Convention Area between the latitudes of 20[deg] N. and 20[deg] S.
    Paragraph 14 requires that WCPFC members prohibit specific 
activities related to FADs by their purse seine vessels during July 
through September (called a ``FAD prohibition period'' here) in each of 
2015, 2016, and 2017. Paragraphs 15-18 require that WCPFC members 
impose additional restrictions on the use of FADs in 2015, 2016, and 
2017, some of which are contingent on further Commission decision-
making. Until those decisions are taken, paragraphs 15-18, read in 
combination, mean that the United States must either add a fourth 
month, October, to the July-September FAD prohibition period in each of 
2015, 2016, 2017, or limit the number of FAD sets in each of those 
three years to 2,522. Finally, paragraph 18 also requires WCPFC members 
to prohibit setting on FADs on the high seas in the Convention Area in 
2017.
    Basis for proposed specification: To implement paragraphs 14-19 of 
CMM 2014-01 for 2015, NMFS proposes restrictions on the use of FADs by 
U.S. purse seine vessels as follows.
    In accordance with paragraph 14 of the CMM, in 2015 there would be 
a FAD prohibition period from July through September. NMFS has already 
established this three-month FAD prohibition period in regulations at 
50 CFR 300.223(b) (see final rule published December 2, 2014; 79 FR 
71327). It would be reiterated in the specification proposed here. In 
addition, NMFS proposes to implement the first of the two FAD-related 
options in paragraphs 15-18; that is, adding October to the FAD 
prohibition period, because NMFS believes it is the more cost-effective 
of the two options, taking into account the objectives of the CMM, the 
expected economic impacts on U.S. fishing operations and the nation as 
a whole, and expected environmental and other effects. The expected 
environmental and economic effects of both options are described in the 
PEA, RIR, and IRFA prepared for this proposed specification.
    The specific activities that would be prohibited during the FAD 
prohibition period in 2015 are the same as those during FAD prohibition 
periods established by NMFS since 2009 (see proposed specifications 
below).
    NMFS does not propose changes to the definition of a FAD, and it 
would remain as currently defined at 50 CFR 300.211. Although the 
definition of a FAD does not include a vessel, the restrictions during 
the FAD prohibition periods would include certain activities related to 
fish that have aggregated in association with a vessel, or drawn by a 
vessel, as described below.
    Proposed specification for 2015: From July 1 through October 31, 
2015, owners, operators, and crew of fishing vessels of the United 
States shall not do any of the following activities in the Convention 
Area in the area between 20[deg] N. latitude and 20[deg] S. latitude:
    (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.

[[Page 43699]]

    (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) 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.
    (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: (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.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this proposed rule and these proposed specifications are 
consistent with the WCPFC Implementation Act and other applicable laws, 
subject to further consideration after public comment.

Executive Order 12866

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

Regulatory Flexibility Act (RFA)

    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the RFA. The IRFA describes the economic 
impact this proposed rule and specifications, if adopted, would have on 
small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained in the 
SUMMARY section of the preamble and in other sections of this 
SUPPLEMENTARY INFORMATION section of the preamble. The analysis 
follows:
Estimated Number of Small Entities Affected
    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 proposed rule and specifications would apply to owners and 
operators of U.S. fishing vessels used for commercial fishing for HMS 
in the Convention Area. With the exception of the requirement to obtain 
an IMO number, the substantive elements of the rule and specifications 
(i.e., those elements that could bring economic impacts to affected 
entities) would apply only to purse seine vessels. NMFS estimates that 
of all the U.S. fishing vessels to which the IMO number requirement 
would apply, only 7 do not already have an IMO number. Of the 7, 1 is a 
purse seine vessel, 4 are longline vessels, and 2 are troll vessels.
    The number of purse seine vessels that would be affected by the 
purse seine specifications is the number of vessels 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 37. The maximum number allowed under the SPTT, apart from joint 
venture licenses, none of which have ever been issued, is 40.
    Thus, the fish harvesting entities that would be affected by the 
proposed rule and specifications include about 37 purse seine vessels, 
4 longline vessels, and 2 troll vessels.
    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. NMFS used average per-vessel 
returns over recent years to estimate annual revenue because gross 
receipts and ex-vessel price information specific to the affected 
vessels are not available to NMFS. For the purse seine fishery, NMFS 
estimates that the average annual receipts over 2010-2012 for each 
purse seine vessel were less than the $20.5 million threshold for 
finfish harvesting businesses (the greatest was about $19 million) 
based on the catches of each vessel in the purse seine fleet during 
that period, and indicative regional cannery prices developed by the 
Pacific Islands Forum Fisheries Agency (available at https://www.ffa.int/node/425#attachments). Since 2012, cannery prices have 
declined dramatically, so the vessels' revenues in 2013 and 2014 have 
very likely declined as well. For the longline fishery, the ex-vessel 
value of catches by the Hawaii longline fleet in 2012 was about $87 
million. With 129 active vessels in that year, per-vessel average 
revenues were about $0.7 million, well below the $20.5 million 
threshold for finfish harvesting businesses.
Recordkeeping, Reporting, and Other Compliance Requirements
    The recordkeeping, reporting, and other compliance requirements are 
discussed below for each of the main elements of the proposed rule and 
proposed specifications, as described earlier in the SUPPLEMENTARY 
INFORMATION section of the preamble. Fulfillment of these requirements 
is not expected to require any professional skills that the affected 
vessel owners and operators do not already possess. The costs of 
complying with the proposed requirements are described below to the 
extent possible:
1. Framework To Implement Commission Decisions
    The proposed framework would establish administrative procedures 
for implementing Commission decisions. It would not in itself establish 
any requirements for owners or operators of fishing vessels or other 
entities, so it is not discussed further in this IRFA.
2. Requirement To Obtain IMO Number
    The requirement to obtain an IMO number would be a one-time 
requirement; once a number has been issued for a vessel, the vessel 
would be in compliance for the remainder of its life, regardless of 
changes in ownership. Most entities that would be required to obtain an 
IMO number already have them. NMFS estimates that 7 fishing vessels 
(that are currently in the fishery) would initially be subject to the 
requirement, and projects that as fishing vessels enter the fishery in 
the future, roughly two per year would be required to obtain IMO 
numbers. Completing and submitting the application form (which can be 
done online and requires no fees) would take about 30 minutes per 
applicant, on average. Assuming a value of labor of approximately $26 
per hour and communication costs of about $1 per application, the (one-
time) cost to each entity would be about $14.

[[Page 43700]]

3. Other Regulatory Changes
    Among the proposed rule's other regulatory changes, only the change 
to the daily FAD reporting requirements has the potential to bring 
economic impacts to affected entities. Under the existing regulations, 
when NMFS triggers the daily FAD reporting requirement through an 
announcement in the Federal Register, the vessel owner or operator has 
to complete and submit the reports each day while the fishing vessel is 
at sea in the Convention Area. NMFS currently estimates this cost to be 
about $1,360 per vessel per year. Under the proposed change, the vessel 
owner or operator would have to complete and submit the reports only if 
and when directed by NMFS. Because the proposed purse seine FAD 
restrictions for 2015 do not include any FAD set limits, it is unlikely 
that NMFS would direct vessel operators to submit reports for 2015. 
Thus, the change would potentially reduce the reporting costs to 
affected purse seine entities during this period.
4. Purse Seine FAD Restrictions
    The proposed FAD prohibition period in July-October in 2015 would 
substantially constrain the manner in which purse seine fishing could 
be conducted in that period in the Convention Area; vessels would be 
able to set only on free, or ``unassociated,'' schools.
    The costs associated with the FAD restrictions cannot be 
quantitatively estimated, but the fleet's historical use of FADs can 
give a qualitative estimate of the costs. In the years 1997-2013, the 
proportion of sets made on FADs in the U.S. purse seine fishery ranged 
from less than 30 percent in some years to more than 90 percent in 
others. Thus, the importance of FAD sets in terms of profits appears to 
be quite variable over time, and is probably a function of many 
factors, including fuel prices (unassociated sets involve more 
searching time and thus tend to bring higher fuel costs than FAD sets) 
and market conditions (e.g., FAD fishing, which tends to result in 
greater catches of lower-value skipjack tuna and smaller yellowfin tuna 
and bigeye tuna than unassociated sets, might be more attractive and 
profitable when canneries are not rejecting small fish). Thus, the 
costs of complying with the FAD restrictions would depend on a variety 
of factors.
    In 2010-2013, the last 4 years for which complete data are 
available and for which there was 100 percent observer coverage, the 
U.S. WCPO purse seine fleet made about 39 percent of its sets on FADs. 
During the months when setting on FADs was allowed, the percentage was 
about 58 percent. The fact that the fleet has made such a substantial 
portion of its sets on FADs indicates that prohibiting the use of FADs 
for four months each year could bring substantial costs and/or revenue 
losses.
    To mitigate these impacts, vessel operators might choose to 
schedule their routine vessel and equipment maintenance during the FAD 
prohibition periods. However, the limited number of vessel maintenance 
facilities in the region might constrain vessel operators' ability to 
do this. It also is conceivable that some vessels might choose not to 
fish at all during the FAD prohibition periods rather than fish without 
the use of FADs. Observations of the fleet's behavior in 2009-2013, 
when FAD prohibition periods were in effect, do not suggest that either 
of these responses occurred to an appreciable degree. The proportion of 
the fleet that fished during the two- and three-month FAD prohibition 
periods of 2009-2013 did not appreciably differ from the proportion 
that fished during the same months in the years 1997-2008, when no FAD 
prohibition periods were in place.
    In summary, the economic impacts of the FAD prohibition period in 
2015 cannot be quantified, but they could be substantial. Their 
magnitude would depend in part on market conditions, ocean conditions 
and the magnitude of any limits on allowable levels of fishing effort 
in foreign EEZs and on the high seas in the Convention Area.
Disproportionate Impacts
    As indicated above, all affected entities are believed to be small 
entities, thus small entities would not be disproportionately affected 
relative to large entities. Nor would there be disproportionate 
economic impacts based on home port.
    As indicted above, there could be disproportionate impacts 
according to vessel type and size and the types of fishing permits 
held.
Duplicating, Overlapping, and Conflicting Federal Regulations
    NMFS has not identified any Federal regulations that duplicate, 
overlap with, or conflict with the proposed regulations, with the 
exception of a Federal regulation that duplicates to some extent the 
daily FAD reporting requirement that would be revised under the 
proposed rule. Existing regulations at 50 CFR 300.34 require that a 
record of catch, effort and other information must be maintained on 
board vessels licensed under the South Pacific Tuna Act, on catch 
report forms known as Regional Purse Seine Logsheets, or RPLs. The RPLs 
must be submitted to NMFS within two days of a vessel reaching port. 
The RPLs include the information that would be required to be reported 
under this proposed rule, such as, how many FAD sets were made on a 
given day. However, the timing of the RPL requirement is such that it 
would not provide NMFS with the information it needs to estimate and 
project FAD sets with respect to the proposed limit in a timely and 
reliable manner. For that reason, NMFS established the daily FAD 
reporting requirement that is duplicative in terms of the substance--
but not the timing--of one element of the existing RPL reporting 
requirement. Under the revision proposed in this rule, that duplication 
would remain.
Alternatives to the Proposed Provisions
    NMFS has sought to identify alternatives that would minimize the 
proposed provisions' economic impact on small entities (``significant 
alternatives''). Taking no action could result in lesser adverse 
economic impacts than the proposed action for many affected entities 
(but as described above, for some affected entities, the proposed 
provisions could be more economically beneficial than no-action), but 
NMFS has determined that the no-action alternative would fail to 
accomplish the objectives of the WCPFC Implementation Act, including 
satisfying the international obligations of the United States as a 
Contracting Party to the Convention, and NMFS does not prefer it for 
that reason. Alternatives identified for each of the main elements of 
the proposed rule and proposed specifications are discussed below:
1. Framework To Implement Commission Decisions
    The proposed framework would not in itself establish any 
requirements for owners or operators of fishing vessels or other 
entities, so would not bring economic impacts. Thus, NMFS has not 
identified any significant alternatives.
2. Requirement To Obtain IMO Number
    NMFS has not identified any significant alternatives to the IMO 
number requirement that would comport with U.S. obligations to 
implement the Commission decision regarding IMO numbers.
3. Other Regulatory Changes
    None of the other proposed regulatory changes are expected to bring 
adverse

[[Page 43701]]

economic impacts to affected entities, so NMFS has not identified any 
significant alternatives.
4. Purse Seine FAD Restrictions
    NMFS considered in detail one alternative to the proposed 
restrictions on the use of FADs. Under the alternative, purse seine 
vessels would be subject to a three-month (July-September) FAD 
prohibition period in 2015, and a limit of 2,522 FAD sets for the year. 
This alternative would be consistent with the options available to the 
United States under CMM 2014-01. The impacts of this alternative 
relative to those of the proposed action would depend on the total 
amount of fishing effort available to the U.S. purse seine fleet in the 
Convention Area in 2015. If total available fishing effort is 
relatively high, the proposed action would likely allow for more FAD 
sets than would this alternative, and thus likely cause lesser adverse 
impacts. The reverse would be the case for relatively low levels of 
total available fishing effort. For example, given the fleet's 
historical average FAD set ratio of 58 percent, and assuming an even 
distribution of sets throughout the year, the estimated ``breakeven'' 
point between the two alternatives would be 6,502 total available sets 
for the year. Although the amount of fishing effort that will be 
available to the fleet in the future, particularly under the SPTT, 
cannot be predicted with any certainty, 6,502 sets is substantially 
less than the amounts of fishing effort that have been available to the 
fleet since it has been operating under the SPTT. For that reason, NMFS 
expects that the proposed action likely would cause less severe 
economic impacts on the purse seine fleet and its participants than 
would this alternative, and NMFS prefers the proposed action for that 
reason.

Paperwork Reduction Act

    This proposed rule contains three collection-of-information 
requirements that are subject to review and approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA).
    The first collection has been submitted to OMB for review and 
approval under control number 0648-0595, ``Western and Central Pacific 
Fisheries Convention Vessel Information Family of Forms.'' This 
collection-of-information would be revised to include the requirement 
for the owners of certain fishing vessels to ensure that IMO numbers 
are issued for the vessels. This would be a one-time requirement; no 
renewals or updates would be required during the life of a vessel. A 
fishing vessel owner would request the issuance of an IMO number by 
submitting specific information about the vessel and its ownership and 
management to IHS Maritime, which issues IMO numbers on behalf of the 
International Maritime Organization. If a fishing vessel requires an 
exemption, the owner must provide the required information to NMFS. 
Providing the required information would bring a reporting burden of 
approximately 30 minutes per response.
    The second collection, requirements related to installing and 
operating vessel monitoring system units, has been approved by OMB 
under control number 0648-0596, ``Vessel Monitoring System Requirements 
under the Western and Central Pacific Fisheries Convention.'' Public 
reporting burden for the VMS requirements is estimated to average 5 
minutes per response for the activation reports and on/off reports, 4 
hours per response for VMS unit purchase and installation, and 1 hour 
per response for VMS unit maintenance.
    The third collection, the daily FAD reporting requirement, has been 
approved by OMB under control number 0648-0649, ``Transshipment 
Requirements under the WCPFC.'' Public reporting burden for the daily 
FAD report is estimated to average 10 minutes per response.
    These estimated response times include 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 the data collections, including whether the current and/or proposed 
collections are necessary for the performance of the functions of the 
agency, the accuracy of the agency's estimates of burden, ways to 
enhance the utility and clarity of information, and 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: July 17, 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 O--Western and Central Pacific Fisheries for Highly 
Migratory Species

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.  300.211, revise the definition of ``Fishing day'' to read 
as follows:

Sec.  300.211  Definitions.

* * * * *
    Fishing day means, for fishing vessels equipped with purse seine 
gear, any day in which a fishing vessel searches for fish, deploys a 
FAD, services a FAD, or sets a purse seine, with the exception of 
setting a purse seine solely for the purpose of testing or cleaning the 
gear and resulting in no catch.
* * * * *
0
3. In Sec.  300.217, add paragraph (c) to read as follows:


Sec.  300.217  Vessel identification.

* * * * *
    (c) IMO numbers. (1) For the purpose of this section, an IMO number 
is the unique number issued for a vessel under the ship identification 
number scheme established by the International Maritime Organization 
or, for vessels that are not strictly subject to that scheme, the 
unique number issued by the administrator of that scheme using the 
scheme's numbering format, sometimes known as a Lloyd's Register number 
or LR number.
    (2) The owner of a fishing vessel of the United States used for 
commercial fishing for HMS in the Convention Area, either on the high 
seas or in waters under the jurisdiction of any nation other than the 
United States, shall request and obtain an IMO number for the vessel if 
the gross tonnage of the vessel, as indicated on the vessel's current 
Certificate of Documentation issued under 46 CFR part 67, is at least 
100 GRT or 100 GT ITC. An IMO number may be requested for a vessel by 
following the instructions given by the administrator of the IMO ship 
identification number scheme; those instructions are currently 
available on

[[Page 43702]]

the Web site of IHS Maritime, at: www.imonumbers.lrfairplay.com/default.aspx.
    (3) In the event that the owner of a fishing vessel subject to the 
requirement of paragraph (c)(2) of this section, after following the 
instructions given by the administrator of the IMO ship identification 
number scheme, is unable to obtain an IMO number for the fishing 
vessel, the fishing vessel owner may request an exemption from the 
requirement from the Pacific Islands Regional Administrator. The 
request must be sent by mail to the Pacific Islands Regional 
Administrator or by email to [email protected] and must include the 
vessel's name, the vessel's official number, a description of the steps 
taken to request an IMO number, and a description of any responses from 
the administrator of the IMO ship identification number scheme.
    (4) Upon receipt of a request for an exemption under paragraph 
(c)(3) of this section, the Pacific Islands Regional Administrator 
will, to the extent he or she determines appropriate, assist the 
fishing vessel owner in requesting an IMO number. If the Pacific 
Islands Regional Administrator determines that it is infeasible or 
impractical for the fishing vessel owner to obtain an IMO number for 
the fishing vessel, he or she will issue an exemption from the 
requirements of paragraph (c)(2) of this section for the subject 
fishing vessel and its owner and notify the fishing vessel owner of the 
exemption. The Pacific Islands Regional Administrator may limit the 
duration of the exemption. The Pacific Islands Regional Administrator 
may rescind an exemption at any time. If an exemption is rescinded, the 
fishing vessel owner must comply with the requirements of paragraph 
(c)(2) of this section within 30 days of being notified of the 
rescission. If the ownership of a fishing vessel changes, an exemption 
issued to the former fishing vessel owner becomes void.
0
4. In Sec.  300.218, revise paragraph (g) to read as follows:


Sec.  300.218  Reporting and recordkeeping requirements.

* * * * *
    (g) Daily FAD reports. If directed by NMFS, the owner or operator 
of any fishing vessel of the United States equipped with purse seine 
gear must report to NMFS, for the period and in the format and manner 
directed by the Pacific Islands Regional Administrator, within 24 hours 
of the end of each day that the vessel is at sea in the Convention 
Area, the number of purse seine sets were made on FADs during that day.
* * * * *
0
5. In Sec.  300.219, revise paragraphs (c)(1) and (5) to read as 
follows:


Sec.  300.219  Vessel monitoring system.

* * * * *
    (c) * * *
    (1) VMS unit. The vessel owner and operator shall install and 
maintain 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 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. NMFS and 
the Commission are authorized to receive and relay transmissions from 
the VMS unit.
* * * * *
    (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, 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.
* * * * *
0
6. In Sec.  300.222:
0
a. Remove paragraphs (x) and (z);
0
b. Redesignate paragraphs (y) and (aa) as paragraphs (x) and (y), 
respectively;
0
c. Redesignate paragraphs (bb) through (ww) as (z) through (uu), 
respectively; and
0
d. Add paragraphs (vv) and (ww) to read as follows:


Sec.  300.222  Prohibitions.

* * * * *
    (vv) Fail to obtain an IMO number for a fishing vessel as required 
in Sec.  300.217(c).
    (ww) Fail to comply with any of the limits, restrictions, 
prohibitions, or requirements specified under Sec.  300.227.

0
7. In Sec.  300.223, revise paragraph (d), and remove and reserve 
paragraph (e) to read as follows:


Sec.  300.223  Purse seine fishing restrictions.

* * * * *
    (d) Catch retention. An owner and operator of a fishing vessel of 
the United States equipped with purse seine gear must ensure the 
retention on board at all times while at sea within the Convention Area 
any bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), 
or skipjack tuna (Katsuwonus pelamis), except in the following 
circumstances and with the following conditions:
    (1) Fish that are unfit for human consumption, including but not 
limited to fish that are spoiled, pulverized, severed, or partially 
consumed at the time they are brought on board, may be discarded.
    (2) If at the end of a fishing trip there is insufficient well 
space to accommodate all the fish captured in a given purse seine set, 
fish captured in that set may be discarded, provided that no additional 
purse seine sets are made during the fishing trip.
    (3) If a serious malfunction of equipment occurs that necessitates 
that fish be discarded.
    (e) [Reserved]
* * * * *
0
8. Add Sec.  300.227 to subpart O to read as follows:


Sec.  300.227  Framework for catch and fishing effort limits.

    (a) General. To implement conservation and management measures 
adopted by the Commission, the Pacific Islands Regional Administrator 
may specify limits on catch or fishing effort by fishing vessels of the 
United States in the Convention Area, and other fishing-related 
restrictions and requirements (collectively called ``limits''). The 
limits will be designed to satisfy the obligations of the United States 
with respect to particular provisions of Commission-adopted 
conservation and management measures. For each specified limit, the 
Pacific Islands Regional Administrator will specify the area and period 
in which it applies, and as appropriate, the vessel types, gear types, 
species, fish sizes, and any other relevant attributes to which it 
applies. In addition to quantitative limits on catches and fishing 
effort, the Pacific Islands Regional Administrator may specify areas or 
periods in which particular fishing activities are restricted or

[[Page 43703]]

prohibited, and other fishing-related requirements. For each specified 
quantitative limit, the Pacific Islands Regional Administrator will 
also specify the prohibitions and requirements that would go into 
effect after the limit is reached and the applicable dates of those 
prohibitions.
    (b) Application in territorial seas and archipelagic waters. Unless 
stated otherwise in particular specifications, the limits specified 
under the framework shall not apply in the territorial seas or 
archipelagic waters of the United States or any other nation, as 
defined by the domestic laws and regulations of that nation and 
recognized by the United States.
    (c) Types of limits. The types of limits that may be specified 
under this section include, but are not limited to:
    (1) Limits on the weight or number of fish or other living marine 
resources of specific types and/or sizes that may be caught, retained, 
transshipped, landed, and/or sold;
    (2) Limits on the amount of fishing effort that may be expended, 
such as the amount of time vessels spend at sea (e.g., days at sea) or 
engaged in fishing (e.g., fishing days), the amount of time vessels 
spend engaged in particular fishing activities (e.g., trolling hours), 
and the quantity of specific fishing activities (e.g., number of hooks 
set; number of longline sets or purse seine sets; number of purse seine 
sets made on FADs; number of FADs deployed); and
    (3) Areas or periods in which particular activities are restricted 
or prohibited, such as periods during which it is prohibited to set 
purse seines on FADs or to use FADs in specific other ways.
    (d) U.S. and territorial fisheries. For the purpose of 
distinguishing the fisheries of the United States and the fisheries of 
the United States territories from each other under limits specified 
under this section, as needed to implement Commission conservation and 
management measures, such as to determine the vessels to which a 
specified limit applies or to attribute catch or fishing effort against 
a specified limit, all fishing activity of a fishing vessel of the 
United States, including its catch and fishing effort, is, for the 
purpose of this section, considered part of a fishery of the United 
States except as follows:
    (1) Except as provided in paragraphs (d)(2) and (d)(3) of this 
section, if catch is landed in American Samoa, Guam, or the 
Commonwealth of the Northern Mariana Islands, the catch and associated 
fishing effort are considered part of a fishery of the territory in 
which it is landed, provided that:
    (i) It was not caught using purse seine gear;
    (ii) It was not caught in any portion of the EEZ other than the 
portion of the EEZ surrounding the territory in which it was landed; 
and
    (iii) It was landed by a fishing vessel operated in compliance with 
a valid permit issued under Sec.  660.707 or Sec.  665.801 of this 
title.
    (2) Except as provided in paragraph (d)(3) of this section, if 
catch is made by longline gear by a vessel registered for use under a 
valid American Samoa Longline Limited Access Permit issued under Sec.  
665.801(c) of this title, the catch and associated fishing effort are 
considered part of a fishery of American Samoa, provided that:
    (i) It was not caught in any portion of the EEZ other than the 
portion of the EEZ surrounding American Samoa; and
    (ii) It was landed by a fishing vessel operated in compliance with 
a valid permit issued under Sec.  660.707 or Sec.  665.801 of this 
title.
    (3) If catch or fishing effort is made by a vessel that is included 
in a specified fishing agreement under Sec.  665.819(c) of this title, 
the catch and associated fishing effort are considered part of a 
fishery of American Samoa, Guam, or the Commonwealth of the Northern 
Mariana Islands, according to the terms of the agreement to the extent 
the agreement is consistent with Sec.  665.819(c) of this title and 
other applicable laws, provided that:
    (i) The start date specified in Sec.  665.819(c)(9)(i) of this 
title has occurred or passed; and
    (ii) NMFS has not made a determination under Sec.  
665.819(c)(9)(iii) of this title that the catch or fishing effort 
exceeds any limit allocated to the territory that is a party to the 
agreement.
    (e) Allocation of limits among sectors or vessels. (1) The Pacific 
Islands Regional Administrator may allocate a Commission-mandated limit 
among particular sectors or groups of fishing vessels of the United 
States, such as for vessels that use different types of fishing gear. 
In other words, the Pacific Islands Regional Administrator may specify 
separate limits for different sectors or groups of fishing vessels even 
when not required to do so under the Commission's conservation and 
management measures.
    (2) The Pacific Islands Regional Administrator may not, under this 
framework, allocate a Commission-mandated limit among individual 
fishing vessels of the United States. In other words, the Pacific 
Islands Regional Administrator may not, under this framework, specify 
limits for individual fishing vessels of the United States, except in 
the case where there is only one fishing vessel in a sector or group of 
fishing vessels that is subject to the limit. This does not preclude 
NMFS from allocating Commission-mandated limits among individual 
fishing vessels through other regulations.
    (f) Procedures for specifying limits. (1) For each specified limit, 
the Pacific Islands Regional Administrator will publish in the Federal 
Register a notice of the proposed catch or fishing effort limit 
specification and a request for public comment on the proposed 
specification, unless exempted under the Administrative Procedure Act, 
5 U.S.C. 553. The specification will include the characteristics of the 
limit and the restrictions that will go into effect if the limit is 
reached.
    (2) For each specified limit that is subject to prior notice and 
public comment, the Pacific Islands Regional Administrator will 
consider any public comment received on the proposed specification, and 
publish in the Federal Register a notice of the final catch or fishing 
effort limit specification, if appropriate.
    (g) Notification of limits being reached. For quantitative limits, 
NMFS will monitor catch or fishing effort with respect to the specified 
limit using data submitted in vessel logbooks and other available 
information. When NMFS estimates or projects that the specified limit 
has or will be reached, the Pacific Islands Regional Administrator will 
publish notification to that effect in the Federal Register.
    (h) Prohibitions after limit is reached. For quantitative limits, 
the Federal Register notice published under paragraph (g) of this 
section will include an advisement that specific activities will be 
prohibited during a specific period. The notice will specify the 
prohibitions and their start and end dates. The start date of the 
prohibitions may not be earlier than 7 days after the date of filing 
for public inspection at the Office of the Federal Register the notice 
to be published under paragraph (g) of this section. The prohibited 
activities may include, but are not limited to, possessing, retaining 
on board, transshipping, landing, or selling specific types and/or 
sizes of fish or other living marine resources, and fishing with 
specified gear types or methods in specified areas. The Pacific Islands 
Regional Administrator may, based on revised estimates or projections 
of catch or fishing effort with respect to specified limits, rescind or 
modify the prohibitions specified

[[Page 43704]]

under this section. The Pacific Islands Regional Administrator will 
publish notice of any such rescissions or modifications in the Federal 
Register.

[FR Doc. 2015-18050 Filed 7-22-15; 8:45 am]
 BILLING CODE 3510-22-P