[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Proposed Rules]
[Pages 65683-65686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27258]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150902807-5949-01]
RIN 0648-BE99


International Fisheries; Pacific Tuna Fisheries; Vessel Register 
Required Information, International Maritime Organization Numbering 
Scheme

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

ACTION: Proposed rule; request for comments.

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[[Page 65684]]

SUMMARY: NMFS proposes to implement a resolution adopted by the Inter-
American Tropical Tuna Commission (IATTC) by requiring U.S. vessels, 
fishing for tuna and tuna-like species with a capacity equal to or 
greater than 100 gross resister tons (GRT), to have an International 
Maritime Organization (IMO) number. The IMO numbers will be included 
with information the United States sends to the IATTC for vessels 
authorized to fish in the IATTC Convention Area for tuna and tuna-like 
species, and will enable more effective tracking of vessels that may be 
engaging in illegal, unreported, and unregulated (IUU) fishing.

DATES: Comments must be submitted in writing by November 27, 2015. A 
public hearing will be held from 1 p.m. to 4 p.m. PST, on November 12, 
2015, in Long Beach, CA.

ADDRESSES: You may submit comments on this proposed rule and supporting 
documents, including the Regulatory Flexibility Act certification and 
Regulatory Impact Review, identified by NOAA-NMFS-2015-0129, by any of 
the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0129, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W. 
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier 
``NOAA-NMFS-2015-0129'' in the comments.
     Public hearing: The public is welcome to attend a public 
hearing and offer comments on this proposed rule from 1 p.m. to 4 p.m. 
PST, on November 12, 2015, at 501 W. Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802. The public may also participate in the public hearing 
via conference line: 1-888-790-6181, passcode 47596.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), 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).

FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast 
Region, 562-980-4198.

SUPPLEMENTARY INFORMATION: NMFS is issuing a proposed rule under the 
authority of the Tuna Conventions Act of 1950, as amended (TCA), to 
implement the new regional vessel register (RVR) requirements in 
Resolution C-14-01 (Resolution (Amended) on a Regional Vessel Register) 
adopted by the IATTC at its June 2014 annual meeting. U.S. vessels that 
have been authorized to fish for tuna and tuna-like species in the 
IATTC Convention Area of the eastern Pacific Ocean must be included on 
the RVR. NMFS adds authorized vessels to the RVR by submitting vessel 
information to the Secretariat of the IATTC. The Convention Area 
includes the waters bounded by the coast of the Americas, the 50 
[deg]N. and 50 [deg]S. parallels, and the 150 [deg]W. meridian. The 
proposed rule would require that U.S. fishing vessels of 100 GRT (or 
100 gross tonnage (GT)) or greater operating in the IATTC Convention 
Area obtain IMO numbers.
    An IMO number is a unique vessel identifier that is permanently 
associated with the vessel hull, even if the vessel name changes or the 
vessel is reflagged to another nation. IMO numbers enable more 
effective tracking of vessels that may be engaging in IUU fishing. An 
estimated 120 U.S. vessels would be subject to this rule, of which 
approximately 90 percent already have an IMO number.
    Resolution C-14-01 requires each member of the IATTC, including the 
United States, to maintain a record of its fishing vessels authorized 
to fish for tuna and tuna-like species in the IATTC Convention Area and 
to share the information in its record with the IATTC periodically for 
purposes of maintaining the RVR. In 2014, the IATTC decided to require 
an additional piece of information in members' records for fishing 
vessels of 100 GRT (or 100 gross tonnage (GT)) or greater: Either the 
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 adopted by the IMO. 
As used in C-14-01, ``Lloyd's Register number,'' or ``LR number,'' has 
the same meaning as an IMO number except that an LR number refers to 
the number issued for a vessel not required to have an IMO number under 
IMO agreements. Accordingly, C-14-01 now requires IATTC members to 
ensure that IMO numbers or Lloyd's Register numbers are issued for such 
vessels. The administrator of the IMO ship identification number scheme 
issues both types of numbers using the same numbering scheme. 
Hereafter, ``IMO number'' is used to refer to both IMO numbers and 
Lloyd's Register numbers. IHS Maritime, located in Surrey, England, 
currently issues IMO numbers via their Web site at: http://www.imonumbers.lrfairplay.com/default.aspx.
    For each of the subject fishing vessels, the proposed rule would 
require that the owner of the fishing vessel either ensure that an IMO 
number has been issued for the vessel or apply to NMFS for an exemption 
from the requirement. Resolution C-14-01 (at footnote 1) allows for an 
exemption from the IMO number requirement in extraordinary 
circumstances if the vessel owner has followed all appropriate 
procedures to obtain a number. In the event that a fishing vessel 
owner, after following the instructions given by the designated manager 
of the IMO ship identification number scheme, is unable to ensure that 
an IMO number is issued for the fishing vessel, the fishing vessel 
owner may request an exemption from the requirement from the West Coast 
Regional Administrator. Upon receipt of a request for an exemption, the 
West Coast Regional Administrator will assist the fishing vessel owner 
in requesting an IMO number. If the West Coast Regional Administrator 
determines that the fishing vessel owner has followed all appropriate 
procedures and yet is unable to obtain an IMO number for the fishing 
vessel, he or she will issue an exemption from the requirements for the 
vessel and its owner, and notify the owner of the exemption. NMFS notes 
that IHS Maritime is a private third party, and it is conceivable that 
an eligible vessel may not be able to complete the necessary steps and 
supply the required information, resulting in a denied vessel number 
request.
    To minimize the burden on affected U.S. businesses, NMFS is not 
proposing to require that vessel owners report the IMO numbers 
associated with their vessel to NMFS. NMFS will collect that 
information via data available from the United States Coast Guard and 
IHS Maritime directly.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the TCA and other applicable laws, subject to 
further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

[[Page 65685]]

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the 
Chief Counsel for Regulation of the Department of Commerce certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
that this action would not have a significant economic impact on a 
substantial number of small entities.
    The small entities to which the proposed action would apply are all 
U.S. commercial fishing vessels that may target tuna and tuna-like 
species in the IATTC Convention Area. As of August 2015, there are 
1,798 Pacific Highly Migratory Species permits. Of these, 118 vessels 
are 100 GRT or greater and 104 of the vessels have already been issued 
an IMO number. Thus, the proposed action would initially require 14 
vessels to obtain IMO numbers. For these 14 vessels, the average annual 
revenue per vessel from all finfish fishing activities since 2010 has 
been $1.3 million, and less than $20.5 million when considering both an 
individual vessel or per vessel average. Complying with the IMO number 
requirement in this proposed action requires no out-of-pocket expenses 
because applications are free. The 30 minutes estimated to apply for an 
IMO number would not result in a significant opportunity cost to the 
fisherman considering it is a one-time occurrence for the life of the 
vessel hull. The rule is not expected to change fishery operations. 
Accordingly, the impact of this rule on the affected vessel owners' and 
operators' income is expected to be de minimis.
    This proposed rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA), which has been approved 
by the Office of Management and Budget (OMB) under control numbers 
0648-0387. A request for revision to account for the additional 
information that would be required pursuant this rule is under OMB 
review. Public reporting burden for obtaining an IMO number, or for 
making an IMO exemption request are each estimated to average 30 
minutes per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
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 to Office of Information and Regulatory 
Affairs ([email protected] or fax to 202-395-7285).
    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 in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Vessels, Reporting and record keeping requirements, 
Treaties.

    Dated: October 21, 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, subpart 
C, is proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

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

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


0
2. In Sec.  300.22, revise paragraph (b)(3) to read as follows:


Sec.  300.22  Eastern Pacific fisheries recordkeeping and written 
reports.

* * * * *
    (b) * * *
    (3) Vessel information. (i) Information on each commercial fishing 
vessel or CPFV authorized to use purse seine, longline, drift gillnet, 
harpoon, troll, rod and reel, or pole and line fishing gear to fish for 
tuna and tuna-like species in the Convention Area for sale shall be 
collected by the Regional Administrator to conform to IATTC resolutions 
governing the Vessel Register. This information initially includes, but 
is not limited to, the vessel name and registration number; the name 
and business address of the owner(s) and managing owner(s); a 
photograph of the vessel with the registration number legible; previous 
vessel name(s) and previous flag (if known and if any); port of 
registry; International Radio Call Sign; vessel length, beam, and 
moulded depth; gross tonnage, fish hold capacity in cubic meters, and 
carrying capacity in metric tons and cubic meters; engine horsepower; 
date and place where built; and type of fishing method or methods used. 
The required information shall be collected as part of existing 
information collections as described in this and other parts of the 
CFR.
    (ii) IMO numbers. For the purpose of this section, an ``IMO 
number'' is the unique six or seven digit number issued for a vessel 
under the ship identification number scheme adopted by the 
International Maritime Organization (IMO) and managed by the entity 
identified by the IMO (currently IHS Maritime) and is also known as a 
Lloyd's Register number.
    (iii) Requirement for IMO number. The owner of a fishing vessel of 
the United States used for commercial fishing for tuna and tuna-like 
species in the IATTC Convention Area shall ensure that an IMO number 
has been issued for the vessel if the vessel's Certificate of 
Documentation issued under 46 CFR part 67 indicates that the vessel's 
total internal volume is 100 gross register tons or greater. A vessel 
owner may request that an IMO number be issued for a vessel by 
following the instructions given by the administrator of the IMO ship 
identification number scheme; those instructions are currently 
available on the Web site of IHS Maritime.
    (iv) Request for exemption. In the event that a fishing vessel 
owner, after following the instructions given by the designated manager 
of the IMO ship identification number scheme, is unable to ensure that 
an IMO number is issued for the fishing vessel, the fishing vessel 
owner may request an exemption from the requirement from the West Coast 
Regional Administrator. The request must be sent by mail to NMFS West 
Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802, 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.

[[Page 65686]]

    (v) Exemption process. Upon receipt of a request for an exemption 
under paragraph (b)(3)(iv) of this section, the West Coast Regional 
Administrator will, to the extent he or she determines appropriate, 
assist the fishing vessel owner in requesting an IMO number. If the 
West Coast Regional Administrator determines that the fishing vessel 
owner has followed all appropriate procedures and yet is unable to 
obtain an IMO number for the fishing vessel, he or she will issue an 
exemption from the requirements of paragraph (b)(3)(iii) of this 
section for the vessel and its owner and notify the owner of the 
exemption. The West Coast Regional Administrator may limit the duration 
of the exemption. The West Coast 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 (b)(3)(iii) 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.
* * * * *
[FR Doc. 2015-27258 Filed 10-26-15; 8:45 am]
BILLING CODE 3510-22-P