[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1878-1880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00586]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 150902807-5999-02]
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: Final rule.

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SUMMARY: NMFS is issuing regulations to implement a resolution adopted 
by the Inter-American Tropical Tuna Commission (IATTC) that requires 
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 number will 
be included with information the United States sends to the IATTC for 
vessels authorized to fish for tuna and tuna-like species in the IATTC 
Convention Area, and will enable more effective tracking of vessels 
that may be engaging in illegal, unreported, and unregulated fishing.

DATES: This final rule is effective February 13, 2016.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection of information requirements contained 
in this final rule may be submitted to Chris Fanning, NMFS West Coast 
Region and by email to [email protected]. Copies of the 
Regulatory Impact Review (RIR) and other supporting documents are 
available via the Federal e-Rulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2015-0129 or by contacting the 
Regional Administrator, William W. Stelle, Jr., NMFS West Coast 
Regional Office, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-
0070, or by email to [email protected].

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

SUPPLEMENTARY INFORMATION:

Background on the Proposed and Final Rulemaking

    On October 27, 2015, NMFS published a proposed rule in the Federal 
Register (80 FR 65683) that would revise and add regulations at 50 CFR 
part 300, subpart C. The purpose of the proposed rule was to implement 
the new regional vessel register requirements in IATTC Resolution C-14-
01 (Resolution (Amended) on a Regional Vessel Register). It was 
available for public comment through November 27, 2015. No comments 
were received.
    As a Contracting Party to the 1949 Convention for the Establishment 
of an Inter-American Tropical Tuna Commission, and a member of the 
IATTC, the United States is legally bound to implement decisions of the 
IATTC. The Tuna Conventions Act (TCA) (16 U.S.C. 951-962), as amended 
on November 5, 2015, by Title II of Public Law 114-81, directs the 
Secretary of Commerce, in consultation with the Secretary of State and, 
with respect to enforcement measures, the Secretary of the Department 
of Homeland Security, to promulgate such regulations as may be 
necessary to carry out the United States' international obligations 
under the IATTC Convention, including recommendations and decisions 
adopted by the IATTC. The Secretary's authority to promulgate such 
regulations has been delegated to NMFS. The proposed rule included 
background information on the TCA and the IATTC, the international 
obligations of the United States under the TCA, and the basis for the 
proposed regulations, and therefore, is not repeated here. There have 
been no changes from the proposed rule in this final rule.
    For each of the subject fishing vessels, this final rule requires 
that the owner of the fishing vessel ensure that an IMO number has been 
issued for the vessel or apply to NMFS for an exemption from the 
requirement. In the event that a fishing vessel owner is unable to 
ensure that an IMO number is issued for the fishing vessel after 
following the instructions given by the designated manager of the IMO 
ship identification number scheme, 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 but 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, the company that provides fishing vessels with an 
IMO number, is a private third party. Because of this, 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 
requiring that vessel owners report the IMO numbers associated with 
their vessel to NMFS. NMFS will collect that information from IHS 
Maritime directly and via data available from the United States Coast 
Guard.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the TCA and other applicable laws.

[[Page 1879]]

Executive Order 12866

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

Regulatory Flexibility Act

    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 factual basis for the 
certification was published in the proposed rule and is not repeated 
here. No comments were received regarding this certification. As a 
result, a Final Regulatory Flexibility Analysis was not required and 
none was prepared.

Paperwork Reduction Act (PRA) Collection of Information

    This action contains a collection-of-information requirement 
subject to PRA, which has been approved by the Office of Management and 
Budget (OMB) under OMB Control Number 0648-0387. A request for revision 
to account for the additional information that would be required 
pursuant to 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

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

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

    Dated: January 8, 2016.
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 for ``300.22(b)(3)'' in alphanumeric order to read 
as follows:


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

* * * * *
    (b) * * *

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                                                            Current OMB
                                                              control
  CFR part or section where the information collection     number  (all
                 requirement is located                    numbers begin
                                                            with 0648-)
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                                * * * * *
50 CFR:
 
                                * * * * *
300.22(b)(3)............................................           -0387
 
                                * * * * *
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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. 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

[[Page 1880]]

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.
    (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.
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[FR Doc. 2016-00586 Filed 1-13-16; 8:45 am]
 BILLING CODE 3510-22-P