[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60533-60539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25474]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 130722646-5874-03]
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: Final rule.

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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to 
implement Resolution C-14-02 of the Inter-American Tropical Tuna 
Commission (IATTC) by establishing requirements for any U.S. commercial 
fishing vessel that is 24 meters (78.74 feet) or more in overall length 
engaging in fishing activities for either tuna or tuna-like species in 
the eastern Pacific Ocean. This rule is necessary to ensure full U.S. 
compliance with its international obligations under the IATTC 
Convention.

DATES: This rule is effective January 1, 2016.

ADDRESSES: Copies of supporting documents prepared for this final rule, 
including the Categorical Exclusion memo, Regulatory Impact Review, 
Final Regulatory Flexibility Analysis (FRFA), and other supporting 
documents, 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

[[Page 60534]]

1, Seattle, WA 98115-0070 or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS WCR, 562-980-
4036.

SUPPLEMENTARY INFORMATION:

Background

    On May 19, 2015, the National Marine Fisheries Service (NMFS) 
published a supplemental proposed rule in the Federal Register (80 FR 
28572) to implement C-14-02, ``Resolution (Amended) on the 
Establishment of a Vessel Monitoring System (VMS).'' This Resolution 
was adopted by the Inter-American Tropical Tuna Convention (IATTC) at 
its 87th meeting in July 2014. The supplemental proposed rule revised a 
proposed rule (79 FR 7152) published on February 6, 2014 in the Federal 
Register.
    The public comment period for the supplemental proposed rule was 
open until June 18, 2015, and NMFS accepted public comment at a hearing 
held at the NMFS West Coast Region (WCR) Long Beach office on June 9, 
2015. The public comment period for the original proposed rule was open 
until March 10, 2014, and NMFS accepted public comment at a hearing 
held at the NMFS WCR Long Beach office on February 28, 2014.
    The final rule is implemented under the authority of the Tuna 
Conventions Act (16 U.S.C. 951 et seq.), which directs the Secretary of 
Commerce, after approval by the Secretary of State, to promulgate 
regulations as may be necessary to implement resolutions adopted by the 
IATTC. This authority has been delegated to NMFS.
    The supplemental proposed rule contained additional background 
information, including information on the IATTC, the international 
obligations of the United States as an IATTC member, and the need for 
regulations. The differences between this final rule and the 
supplemental proposed rule are explained below.

New Regulations

    This final rule establishes requirements for any U.S. commercial 
fishing vessel that is 24 meters (78.74 feet) 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 50 CFR 660.707, 
or high seas fishing permit under 50 CFR 300.13. 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.
    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, Office of Law 
Enforcement (OLE), 1315 East-West Hwy, Suite 3301, Silver Spring, MD 
20910-3282; telephone at (888) 210-9288. Or, by contacting NOAA OLE VMS 
Helpdesk: Telephone: (888) 219-9228, ext. 2; email: 
[email protected]; or online by going to http://www.nmfs.noaa.gov/ole/about/our_programs/vessel_monitoring.html (click ``approved VMS 
units''). The business hours of the NOAA OLE VMS Helpdesk are: Monday 
through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern 
Time.
    Federal funds may be available to vessel owners or operators for 
reimbursement for type-approved VMS units. The VMS units must be 
installed by a VMS dealer approved by a type-approved VMS unit 
manufacturer. To qualify for reimbursement, the VMS unit must be 
purchased and installed before December 1, 2015, and reimbursement must 
be requested no later than December 15, 2015. The availability of 
reimbursement funds for the cost of purchasing a VMS unit is not 
guaranteed; the funds are available on a first-come, first-served 
basis. Information on the VMS Reimbursement Program is available online 
at: http://www.psmfc.org/program/vessel-monitoring-system-reimbursement-program-vms?pid=17.
    Compliance with the existing VMS requirements at 50 CFR parts 300, 
660, or 665 would satisfy these new requirements relating to the 
installation, carrying, and operation of VMS units, provided that (1) 
the VMS unit and mobile communications service provider are type-
approved by NOAA for fisheries in the Convention Area, (2) the VMS unit 
is operated continuously at all times while the vessel is at sea, 
unless the Assistant Director, NOAA Office of Law Enforcement, Pacific 
Islands Division (or designee) (AD) authorizes a VMS unit to be shut 
down, and (3) the requirements for the case of VMS unit failure are 
followed.
    This final rule also updates: (1) The definition of ``Convention 
Area,'' and (2) the description of the purpose and scope of part 300, 
subpart C, Sec.  300.20 of Title 50 of the Code of Federal Regulations 
(CFR).

Public Comments and Responses

    NMFS received comments on both the original and supplemental 
proposed rules during the public comment periods. For the original 
proposed rule, four persons participated in the public hearing, one of 
whom also submitted written comments. NMFS also received a written 
comment from a commenter that did not attend the public hearing. NMFS 
received one written comment in response to the supplemental proposed 
rule and no persons participated in the public hearing.
    Five of the six commenters expressed concern about the burden of 
operating the VMS units while participating in fisheries for species 
other than tuna. These same commenters raised questions and provided 
suggestions regarding the flexibility of the VMS requirements as they 
apply to vessels that participate in other fisheries. One commenter 
indicated support for the VMS requirements for tuna fisheries as a 
worthwhile method to enhance monitoring. Summaries of the comments 
received for both the supplemental and original proposed rules and 
NMFS' responses appear below.
    Comment 1: The proposed rule allows a condition for shutting down 
the VMS unit after the end of the fishing season, but this condition is 
too strict and could negatively impact vessels which participate in 
other fisheries. This could be easily addressed by requiring the VMS 
unit be turned on only when that vessel will be targeting tuna or tuna-
like species.
    Response: NMFS believes that allowing more VMS on and off 
flexibility would weaken the effectiveness of using VMS position 
information to monitor the locations of vessels. Allowing VMS power-
downs, aside from the in-port and after a fishing season exemptions 
provided in the rule, could also encourage non-compliance and 
compromise the integrity of the VMS. Lastly, additional fees are 
imposed on vessel owners and operators for shutting down VMS units as 
well as reactivating VMS units after they are shut down. For these 
reasons, NMFS believes that the benefits of requiring position reports 
everywhere at sea, aside from the exemptions provided in the rule, 
outweigh the burden.
    Comment 2: The proposed rule would require that all vessels turn on 
VMS units when leaving port, regardless of whether a vessel plans to 
participate in tuna fisheries. There are a number of affected vessels 
that participate in

[[Page 60535]]

fisheries other than tuna fisheries. Some of these vessels only 
opportunistically fish for tuna. For example, the coastal purse seine 
vessels that fish for tuna typically make infrequent trips (e.g., fewer 
than 3 trips a year) that are short in duration (e.g., fewer than 18 
hours), and they do not fish for tuna in some years due to lack of 
availability in the U.S. exclusive economic zone, though they remain 
active in tuna fisheries.
    Response: In addition to the rationale outlined in the response to 
Comment 1 above, the United States is obligated, as a member of the 
IATTC, to implement Resolution C-14-02, which calls for each IATTC 
Member to require that its commercial fishing vessels harvesting tuna 
or tuna-like species be equipped with VMS. Therefore, VMS requirements 
in this final rule apply 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 50 CFR 660.707, or high seas fishing permit under 
50 CFR 300.13.
    Since the original proposed rule stage, NMFS revised the VMS 
requirements to reduce the burden on vessels by allowing an additional 
option for a vessel owner or operator to shut down a VMS unit. If a 
vessel owner or operator receives verbal or written authorization by 
the AD, the VMS unit may be shut down, if, after the end of the fishing 
season, the vessel will no longer engage in fishing activities in the 
Convention Area for which either a Pacific highly migratory species 
permit or a high seas fishing permit is required.
    Comment 3: VMS requirements for other U.S. fisheries enable vessels 
to call in to declare the type of fishing trip, which creates a VMS 
requirement on a trip-by-trip basis. Providing additional flexibility 
to vessels for trips in which they do not pursue any of the species for 
which the IATTC has established conservation and management measures 
could reduce administrative costs and the potential for unintended 
losses in fishing opportunity.
    Response: NMFS does not agree that only requiring VMS operation 
when on specific trips for tuna or tuna-like species and providing 
declaration reports would provide an adequate monitoring system or 
reduce burden on vessel owners and operators. As described in responses 
to Comment 2, NMFS believes that allowing more VMS unit power-downs, 
aside from the in-port and after a fishing season exemptions as 
provided in the rule, could also encourage non-compliance and 
compromise the integrity of the VMS. In addition, there may be fees 
associated with shutting down and powering back on VMS units that could 
ultimately increase the cost burden on vessel owners and operators. 
Using a declaration system could also increase administrative burdens 
by increasing the number of activation and deactivation reports and 
approvals of requests from NOAA OLE.
    NMFS notes that, since the original proposed rule, NOAA added an 
additional option for a vessel owner or operator to shut down a VMS 
unit. In this final rule, if a vessel owner or operator receives verbal 
or written authorization by the AD (or designee), the VMS unit may be 
shut down, if, after the end of the fishing season, the vessel will no 
longer engage in fishing activities in the Convention Area for which 
either a Pacific highly migratory species permit or a high seas fishing 
permit is required.
    For these reasons, NMFS believes that the benefits of requiring 
position reports everywhere at sea, aside from the exceptions provided 
in the rule, outweigh any associated burden.
    Comment 4: The commenter asked for clarification as to whether VMS 
requirements apply to vessels that did not fish for tuna in the last 
year.
    Response: Regardless of whether the vessel fished for tuna or tuna-
like species in the Convention Area in a previous calendar year or 
fishing season, the VMS requirements of the rule apply to any vessel 
engaging in fishing activities for tuna or tuna-like species in the 
Convention Area, and for which either a Pacific highly migratory 
species permit or high seas fishing permit is required.
    Comment 5: The commenter requested clarification as to the 
confidentiality of the information collected under the VMS rule and 
asked if it could be utilized for any purposes by: State law 
enforcement, state fishery managers (e.g., for fisheries managed by the 
State), or Federal fishery managers and enforcement (e.g., for 
investigations or management decisions in fisheries other than tuna).
    Response: Information collected under the VMS requirements of this 
rule will be handled in accordance with the Trade Secrets Act, 18 
U.S.C. 1905, and NOAA Administrative Order 216-100 for confidential 
fisheries 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, U.S. Coast Guard 
(USCG) personnel, and authorized officers. If the vessel owner or 
operator is under investigation, or an enforcement action has been 
initiated for violation of federal or state marine natural resource 
laws, then the VMS data can be used by fishery officials for the 
purpose of verifying information related to the investigation and as 
evidence of the violation.
    Comment 6: The commenter asked for further clarification as to how 
the data collection for VMS works and how often the VMS data is being 
collected and about NMFS' ability to detect the location of a vessel 
outside of the hourly ping rates. Another commenter suggested that 
because of recent judicial rulings NMFS would be required to increase 
the VMS reporting interval to more than once per hour.
    Response: The VMS data (or position reports) will be transmitted to 
NOAA-approved mobile communications service providers, which will then 
securely relay the data to the NOAA OLE, the USCG, and other entities 
that are authorized to receive and relay position reports. The 
frequency of reporting intervals required by NMFS in a fishery depends 
on the defined need of the monitoring program for that fishery. NMFS 
believes that an hourly reporting interval will be sufficient given the 
level of monitoring to be conducted under this rule. Generally, the 
vessel location is only transmitted to NOAA OLE with the position 
reports. However, during irregular events, such as loss of power to VMS 
units or if the vessel crosses a pre-set boundary line, the vessel 
location may also be transmitted to NOAA OLE.
    No recent judicial rulings justify or require that NMFS increase 
the reporting interval of the VMS units covered by this final rule 
because of recent judicial rulings. If determined necessary for the 
needs of the monitoring program, NMFS could make a fleet-wide change to 
this reporting interval through the notice and comment rulemaking 
process. This rule sets up the reporting interval at once per hour, and 
maintains that rate for normal operations, and we will not change that 
default rate except through the notice and comment rulemaking process. 
However, NOAA maintains the ability to temporarily, and under special 
circumstances only, increase the reporting interval, to support active 
enforcement investigations of specific vessels. Under these 
circumstances NOAA would be responsible for the costs of the increased 
reporting interval.
    Comment 7: The proposed rule states that a vessel cannot leave the 
port until receiving ``verbal or written confirmation from the AD that 
proper transmissions are being received from

[[Page 60536]]

the VMS unit.'' The rule would not allow a vessel to turn the unit back 
on while away from port. For example, if a vessel is participating in a 
non-HMS, non-high seas fishery, and receives information that tuna or 
tuna-like species have appeared in catchable volume within the 
Convention Area, the vessel operator would have to return to port and 
receive written confirmation from the AD that the unit is transmitting. 
There is no guarantee that by the time the operator complies with the 
proposed rule's requirements, a catchable amount of fish will be within 
range. Neither the AD nor NOAA OLE's VMS Helpdesk are available 24-
hours a day and are closed on weekends, thus it is likely a vessel 
operator will suffer economic harm as a result of the inability to turn 
on the VMS unit remotely. The commenter asked if there a system in 
place to generate the required confirmation during non-business hours.
    Response: The referenced requirement applies in the case that the 
vessel owner and operator have chosen to shut down the VMS unit while 
at port or otherwise not at sea, or after the end of the fishing 
season. NMFS notes such power-up notifications from vessel owners or 
operators to the AD or the NOAA OLE's VMS Helpdesk may take place after 
office hours, although the AD acknowledgement of receipt will take 
place during business hours. The AD makes best efforts to minimize 
delays in its responses to vessel owners or operators. NMFS recognizes 
that the office hours of the AD do not always coincide with fishing 
operations, but notes that the owner and operator of a fishing vessel 
need not wait until immediately prior to the port departure time to 
turn on the VMS unit and submit the on/off report to NOAA.
    As described in responses to Comments 2 and 3, NMFS revised the VMS 
requirements since the original proposed rule stage, to allow an 
additional condition to authorize a vessel owner or operator to shut 
down a VMS unit. If a vessel owner or operator receives verbal or 
written authorization by the AD, the VMS unit may be shut down if, 
after the end of the fishing season, the vessel will no longer engage 
in fishing activities in the Convention Area for which either a Pacific 
highly migratory species permit or a high seas fishing permit is 
required.
    Comment 8: The commenter asked NMFS to clarify if emails need to be 
sent to NOAA OLE from port every night before turning the VMS unit off. 
The commenter also asked if these messages could be sent from a smart 
phone, or if a telephone call would be sufficient as opposed to written 
request.
    Response: Vessel owners or operators are required to notify the AD 
or the NOAA OLE's VMS Helpdesk via facsimile, email, or web-form prior 
to shut-down of VMS units. The notification need not be at night, and 
need not be ``every night.'' Currently, voice calls from telephones are 
not an authorized communication method to notify the AD when shutting 
down the VMS unit because a written record of the request is needed to 
facilitate enforcement and compliance. The type-approved VMS units 
required by this final rule are capable of two-way communication, which 
includes the ability to send emails. Notices to the AD or NOAA OLE's 
VMS Helpdesk can also be sent by any device that is capable of these 
forms of communication, such as a smart phone.
    Vessel owners and operators should also be aware of fees charged by 
communication service providers to shut down VMS units and to 
reactivate the VMS units after they are powered off.

Changes From the Supplemental Proposed Rule

    In Sec.  300.26(c)(5) and (d), under the heading, ``Vessel 
monitoring system (VMS),'' the references to ``50 CFR 300.219, 50 CFR 
660.712, or 50 CFR 665.19'' have been replaced by ``part 300 of this 
title, part 660 of this title, or part 665'' to clarify that future VMS 
requirements that may be added to any section in those three parts 
would also be deemed to satisfy the VMS requirements under this rule. 
Also in Sec.  300.26, paragraph (d) has been clarified to say that NOAA 
may pay for the VMS-associated costs for VMS carried and operated under 
part 300 of this title, part 660 of this title, or part 665 of this 
title, but only to the extent that the applicable regulations specify 
costs are the responsibility of NOAA.
    In Sec.  300.26, paragraph (c)(1) has been revised to clarify that 
``NOAA, the USCG, and other authorized entities are authorized to 
receive and relay transmissions from the VMS unit.'' This revision was 
intended to clarify that the vessel owner and operator do not need to 
provide additional authorization to NOAA, the USCG, and other 
authorized entities. In Sec.  300.26, paragraph (d) has been revised 
for consistency with the previously described change in paragraph 
(c)(1). Therefore, the following language was removed from the 
paragraph: ``. . . the owner or operator has authorized NOAA to receive 
and relay transmissions from the VMS unit . . . .''
    In Sec.  300.26, paragraph (c)(1) was revised to clarify the that 
it is the responsibility of the vessel owner or operator to arrange for 
a NOAA-approved mobile communications service provider to receive and 
relay transmissions from the VMS unit to NOAA at a default reporting 
interval of at least once per hour. Therefore, the following language 
was removed from the paragraph ``. . . the owner and operator must 
authorize NOAA to set up the reporting interval of the VMS unit as once 
per hour . . . .''
    In Sec.  300.26, paragraph (d) was revised to clarify that NOAA is 
responsible for the cost of any temporary increase in the default 
reporting interval to support active enforcement investigations of 
specific vessels.
    In addition, throughout Sec.  300.26, several references to ``the 
SAC, or Special-Agent-In-Charge'' have been replaced by ``the AD, or 
Assistant Director'' to reflect a change in title. AD means the 
Assistant Director, NOAA Office of Law Enforcement, Pacific Islands 
Division (or designee).
    In Sec.  300.26, paragraph (a)(2) has been revised to add ``ext. 
2'' after the phone number for the NOAA Office of Law Enforcement's VMS 
Helpdesk.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Tuna Conventions Act of 1950, as revised, 
and other applicable laws.

National Environmental Policy Act

    This action is categorically excluded from the requirement to 
prepare an environmental assessment in accordance with NOAA 
Administrative Order (NAO) 216-6. A memorandum for the file has been 
prepared that sets forth the decision to use a categorical exclusion 
and a copy of is available from NMFS (see ADDRESSES).

Executive Order 12866

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

Regulatory Flexibility Act

    A Final Regulatory Flexibility Analysis (FRFA) was prepared. A copy 
of this analysis is available from NMFS (see ADDRESSES). The FRFA 
incorporates the Initial Regulatory Flexibility Analysis (IRFA), and a 
summary of the analyses completed to support the action is included 
directly below.
    The analysis provided in the IRFA is not repeated here in its 
entirety. The need for, the reasons why action by the agency is being 
considered, and the

[[Page 60537]]

objectives of the action are explained in the supplementary information 
above, as well as the preambles to the proposed rule and supplemental 
proposed rule and are not repeated here. Each vessel that is expected 
to be affected is considered a small business according to the Small 
Business Administration's revised size standards (79 FR 33647, July 12, 
2014). The action is not expected to have a significant or 
disproportional economic impact on these small business entities.
    As discussed in the preamble, the provisions in the rule would 
apply 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 IATTC Convention Area, and for which either of the 
following permits is required: (1) Pacific highly migratory species 
permit under 50 CFR 660.707, or (2) high seas fishing permit under 50 
CFR 300.13. To estimate affected entities, the number of vessels 
authorized to fish for highly migratory species in the EPO through 
highly migratory species and high seas fishing permits was considered a 
reasonable proxy. As of August 2015, approximately 15 vessels did not 
have VMS units installed and would be subject to the regulations in the 
final rule. Gear types for U.S. West Coast commercial vessels that 
would be impacted include purse seine and hook-and-line (i.e., bait and 
troll/jig).
    No public comments specific to the IRFA were received and, 
therefore, no public comments are addressed in this FRFA. Certain 
comments with socio-economic implications are addressed in the comment 
and response section of the preamble, specifically, the response to 
Comments 1, 2, and 3. As described in responses to Comments 2 and 3, 
NMFS revised the VMS requirements since the original proposed rule 
stage. The requirements lessen the burden on fishermen.
    Because the action will not have any significant impacts to small 
entities, there was no need to include additional alternatives that 
would minimize any disproportionate adverse economic burdens on a 
substantial number of small entities while achieving the objectives of 
the action.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide (the guide) 
was prepared. Copies of this final rule are available from the West 
Coast Region, and the guide will be sent to vessels that hold a Pacific 
highly migratory species permit and/or a high seas fishing permit for 
fisheries in the IATTC Convention Area. The guide and this final rule 
will be available upon request and on the West Coast Region Web site: 
http://www.westcoast.fisheries.noaa.gov/fisheries/migratory_species/highly_migratory_species_rules_req.html.

Paperwork Reduction Act Collections of Information

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by the 
Office of Management and Budget (OMB) under control number (0648-0690). 
Public reporting burden for VMS is estimated as an average per 
individual response for each requirement. The estimated time for 
initial VMS unit installation is 4 hours. The estimated time to 
maintain or repair a VMS unit is 1 hour annually. The estimated 
response time for respondents to prepare and submit activation reports 
is estimated to be 5 minutes per report. The estimated response time to 
prepare and submit each on/off report is also 5 minutes. These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by email to [email protected], or 
fax to (202) 395-5806. Notwithstanding any other provision of the law, 
no person is required to respond to, nor shall any person be subject to 
a 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. All 
currently approved NOAA collections of information may be viewed at: 
http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

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

Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 300 are amended as follows:

Title 15--Commerce and Foreign Trade

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

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

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

0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'', add an entry in alphanumeric order for ``300.26'' to read as 
follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
                                                              control
  CFR part or section where the information collection     number  (all
                 requirement is located                   numbers  begin
                                                           with  0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:
 
                                * * * * *
300.26..................................................           -0690
 
                                * * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

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

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


0
4. 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.

[[Page 60538]]

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
5. In Sec.  300.21, the definition for ``Convention Area'' is revised 
and 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
6. 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
7. Section 300.26 is added to subpart C to read as follows:


Sec.  300.26  Vessel monitoring system (VMS).

    (a) Assistant Director (AD), NOAA Office of Law Enforcement, 
Pacific Islands Division (or designee) and VMS Helpdesk contact 
information and business hours. (1) The contact information for the AD 
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, ext. 2; 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 AD 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 at a default reporting interval of at least once 
per hour. NOAA, the USCG, and other authorized entities are authorized 
to receive and relay transmissions from the VMS unit. The NOAA OLE VMS 
Helpdesk is available to provide 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 AD, 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 AD, 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 AD 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 AD 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 AD 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 AD 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 AD 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

[[Page 60539]]

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 AD by telephone, facsimile, or email at the 
earliest opportunity during the AD's business hours and identify the 
caller and vessel. The vessel operator shall follow the instructions 
provided by the AD which could include, but are not limited to, ceasing 
fishing, stowing fishing gear, returning to port, and/or submitting 
periodic position reports at specified intervals by other means; and 
repair or replace the VMS unit and ensure it is operable before 
starting the next trip.
    (5) Related VMS Requirements. Installing, carrying and operating a 
VMS unit in compliance with the requirements in part 300 of this title, 
part 660 of this title, or part 665 of this title relating to the 
installation, carrying, and operation of VMS units shall be deemed to 
satisfy the requirements of this paragraph (c), provided that the VMS 
unit is operated continuously and at all times while the vessel is at 
sea, unless the AD authorizes a VMS unit to be shut down as described 
in paragraph (c)(3) of this section, the VMS unit and mobile 
communications service providers are type-approved by NOAA for 
fisheries in IATTC Convention Area, 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 part 300 of this 
title, part 660 of this title, or part 665 of this title, the vessel 
owner and operator shall not be responsible for costs that those 
regulations specify are the responsibility of NOAA. In addition, NOAA 
is responsible for the cost of any temporary increase in the default 
reporting interval to support active enforcement investigations of 
specific vessels.
    (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. 2015-25474 Filed 10-6-15; 8:45 am]
 BILLING CODE 3510-22-P