[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Rules and Regulations]
[Pages 86966-86970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28968]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160801681-6999-02]
RIN 0648-BG22


International Fisheries; Tuna and Tuna-Like Species in the 
Eastern Pacific Ocean; Silky Shark Fishing Restrictions and Fish 
Aggregating Device Data Collection and Identification

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 certain provisions of two Resolutions adopted by the Inter-
American Tropical Tuna Commission (IATTC) in 2016: Resolution C-16-01 
(Collection and Analyses of Data On Fish-Aggregating Devices) and 
Resolution C-16-06 (Conservation Measures for Shark Species, with 
Special Emphasis on the Silky Shark (Carcharhinus Falciformis) for the 
Years 2017, 2018, and 2019). Per Resolution C-16-01, these regulations 
require the owner or operator of a U.S. purse seine vessel to ensure 
characters of a unique code be marked indelibly on each fish 
aggregating device (FAD) deployed or modified on or after January 1, 
2017, in the IATTC Convention Area. The vessel owner or operator must 
record and submit information about the FAD, as described in Annex I of 
Resolution C-16-01. Per Resolution C-16-06, these regulations prohibit 
the owner or operator of a U.S. purse seine vessel from retaining on 
board, transshipping, landing, or storing, in part or whole, carcasses 
of silky sharks caught by purse-seine vessels in the IATTC Convention 
Area. These regulations also provide limits on the retained catch of 
silky sharks caught in the IATTC Convention Area. This rule is 
necessary for the United States to satisfy its obligations as a member 
of the IATTC.

DATES: This rule is effective January 1, 2017.

ADDRESSES: Copies of the Regulatory Impact Review and other supporting 
documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2016-0106 or by contacting the 
Regional Administrator, Barry A. Thom, NMFS West Coast Region, 1201 NE. 
Lloyd Boulevard, Suite 1100, Portland Oregon, 97232-1274, or 
[email protected].

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

SUPPLEMENTARY INFORMATION: On October 11, 2016, NMFS published a 
proposed rule in the Federal Register (81 FR 70080) to implement 
certain provisions of Resolutions C-16-01 and C-16-06 adopted by the 
IATTC in 2016. The 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 30-day public comment period for the proposed rule 
closed on November 10, 2016.
    The final rule is implemented under the Tuna Conventions Act (16 
U.S.C. 951 et seq.), as amended on November 5, 2015, by title II of 
Public Law 114-81. The recent amendments direct the Secretary of 
Commerce, in consultation with the Secretary of State, and, with 
respect to enforcement measures, the U.S. Coast Guard, to promulgate 
such regulations as may be necessary to carry out the United States' 
obligations under the Antigua Convention, including recommendations and 
decisions adopted by the IATTC. The authority of the Secretary of 
Commerce to promulgate such regulations has been delegated to NMFS. 
This rule implements certain provisions of Resolutions C-16-01 and C-
16-06 for U.S. commercial fishing vessels that fish for tuna or tuna-
like species in the IATTC Convention Area. The preamble of the proposed 
rule included a detailed description of the elements of this rule.
    This rule includes four elements: Two elements regarding FADs and 
two elements regarding silky sharks. The first element requires the 
owner or operator of a U.S. purse seine vessel to ensure characters of 
a unique code be marked indelibly on each fish aggregating device (FAD) 
deployed or modified on or after January 1, 2017. The vessel owner or 
operator must select one of the following two options for the unique 
code for each FAD: (1) Obtain a unique code from NMFS West Coast Region 
that NMFS has obtained from the IATTC Secretariat, as specified in 
Annex I of Resolution C-16-01 or (2) use an existing unique identifier 
associated with the FAD (e.g., the manufacturer identification code for 
the attached buoy).
    The vessel owner or operator is required to ensure the characters 
for the unique code be at least five centimeters in height on the upper 
portion of the attached radio or satellite buoy in a location that does 
not cover the solar cells used to power the equipment. For FADs without 
attached radio or satellite buoys, the characters are required to be 
marked indelibly on the uppermost or emergent top portion of the FAD. 
In other words, the vessel owner or operator is required to ensure the 
marking is durable and will not fade or be erased (e.g., marked using 
an epoxy-based paint or an equivalent in terms of lasting ability) and 
visible at all times during daylight. In circumstances where the 
observer is unable to view the unique code, the captain or crew is 
required to assist the observer (e.g., by providing the unique code of 
the FAD to the observer).
    The second element requires the owner or operator of a vessel to 
record and submit information about the FAD to the address specified by 
the Highly Migratory Species (HMS) Branch, Sustainable Fisheries 
Division, NMFS West Coast Region (Suite 4200, 501 W. Ocean Blvd., Long 
Beach, CA 90802). Owners and operators of a FAD are required to record 
this information on the standard form developed by the

[[Page 86967]]

IATTC Secretariat and provided to the owners and operators by the HMS 
Branch.
    The third element prohibits the crew, operator, and owner of a 
commercial purse seine fishing vessel of the United States used to fish 
for tuna or tuna-like species from retaining on board, transshipping, 
storing, or landing any part or whole carcass of a silky shark that is 
caught in the Convention Area. U.S. purse seiners do not target silky 
sharks, yet they are caught incidentally and are primarily discarded as 
discussed in the Classification Section.
    The fourth element requires the crew, operator, and owner of a U.S. 
longline fishing vessel to limit the retention of silky sharks caught 
in the IATTC Convention Area to a maximum of 20 percent by weight of 
the total catch of fish during any fishing trip that occurred in whole 
or in part in the IATTC Convention Area. U.S. longline vessels fishing 
in the IATTC Convention Area do not target, and infrequently catch, 
silky sharks. Data from 2008 to 2015 show that any incidentally caught 
silky sharks are released, and almost all are released alive. Silky 
sharks are commonly released by cutting the line or dehooking the shark 
before it is brought onboard the vessel.

Public Comments and Responses

    NMFS received one comment letter during the 30-day public comment 
period that closed on November 10, 2016. The comment letter was from a 
representative of Tri-Marine Management Company, LLC (Tri-Marine). 
Three distinct comments are expressed in the letter, which NMFS 
responds to below.
    Comment 1: Unfortunately, scientific data shows total mortality of 
silky sharks on purse seiners still exceeds 84 percent (http://www.intres.com/articles/meps_oa/m521p143.pdf). The conservation gain of 
this measure will be very limited given the poor survivability of 
released sharks.
    Response: NMFS agrees that the anticipated conservation benefit for 
the U.S. purse seine fleet in the eastern Pacific Ocean (EPO) following 
these regulations is likely minimal. As noted in the preamble of the 
proposed rule, silky sharks are not targeted by U.S. purse seine 
vessels in the EPO and they are infrequently caught. However, this is 
not the case in other IATTC nations, where silky sharks are retained 
and consumed. The IATTC scientific staff has specifically recommended 
prohibiting retention in purse seine fisheries, similar to the measures 
adopted for oceanic whitetip sharks Resolution C-11-10 (Resolution on 
the Conservation of Oceanic Whitetip Sharks Caught in Association with 
Fisheries in the Antigua Convention Area).
    Although studies in the Pacific Ocean have shown that a large 
percentage of silky sharks do not survive after undergoing the brailing 
process, restrictions on retention can remove the incentive for purse 
seine vessels to target silky sharks. Therefore, much of the 
conservation benefit from this Resolution is expected from implementing 
this restriction by IATTC nations with vessels that target silky 
sharks. NMFS is implementing this provision of the Resolution to comply 
with U.S. obligations as a member of the IATTC.
    Comment 2: While we understand and respect the conservation aim of 
this proposed rule, the operational implications of demonstrating full 
compliance were not adequately accounted for by the IATTC and should be 
considered by NMFS in the development and enforcement of this rule. 
Silky sharks are often caught unintentionally in purse seine sets on 
schools of tuna that are associated with FADs, and also in unassociated 
sets. When tuna and other non-target species are caught in purse seine 
sets, the net is brought alongside the vessel and everything (including 
silky sharks) is scooped onto the deck using a brailer. Brails are 
screened for non-target species like sharks when they are brought 
onboard. When silky sharks are seen, the crew carefully releases them 
overboard using best practices, which they are trained on (http://www.issfguidebooks.org/purseseine-3-14/).
    Brails are large, each containing as much as seven metric tons (mt) 
of fish, which are conveyed quickly from the brail to the fish wells to 
preserve the quality of the catch. While crew, officers, and onboard 
observers are diligent in identifying, releasing, and logging the catch 
of silky sharks, there are still instances where sharks are 
inadvertently loaded into fish wells, especially very small sharks. In 
order to demonstrate full compliance with this rule, each brail would 
need to be examined in its entirety (e.g., dumped out on deck before 
being loaded into fish wells). For many vessels this is not feasible 
without greatly slowing operations to a point where fish quality may 
not meet acceptable standards.
    The negative economic impacts due to slowed operations and fish 
waste because of poor quality would be significant. Therefore, if this 
proposed rule is adopted, we urge you to consider guidelines for 
implementation and enforcement that prohibit the intended retention of 
silky sharks, but do not penalize purse seine vessel operators in the 
rare event that silky sharks are identified at the point of offload.
    Response: NMFS recognizes that methodically checking for and 
discarding silky sharks on the deck takes more time and effort than 
dropping the catch into wells without searching for sharks. However, 
the language in Resolution C-16-06 is not flexible enough to prohibit 
only the intended retention of silky sharks. The United States must 
implement Resolution C-16-06 to satisfy obligations as a member of the 
IATTC.
    In addition, regulations to prohibit the retention onboard, 
transshipping, landing, or storing of sharks is not without precedent 
for purse seine vessels fishing for tuna in the Pacific Ocean. Many of 
the large U.S. purse seine vessels that could catch silky sharks also 
fish in the western and central Pacific Ocean and are subject to NMFS 
regulations at 50 CFR 300.226 that prohibit the retention of silky 
sharks in those waters (without an exception for unintentional 
retention). Therefore, the practice is feasible. U.S. purse seine 
vessels in the EPO are also subject to regulations at 50 CFR 300.27, 
which already prohibit retention of oceanic whitetip shark (without an 
exception for unintentional retention), which presumably present the 
same feasibility issues.
    Comment 3: We encourage NMFS to promote more effective conservation 
measures for silky sharks at the IATTC, such as a measure that would 
require the fins of any sharks landed in any fishery in the Convention 
Area to be naturally attached rather than applying a fins-to-carcass 
ratio. In addition, we recognize that the catch of silky sharks is 
higher in FAD sets than in unassociated sets, and are highly supportive 
of scientifically based, equitably applied, FAD management.
    Response: NMFS agrees with the commenter's suggestion to pursue 
shark measures in the IATTC that would prohibit landing with fins-
attached. Such proposals have been tabled for consideration by the 
IATTC since 2012, and the United States has strongly supported these 
proposals.

Changes From the Proposed Rule

    With the exception of a non-substantive adjustment to the wording 
of the new definition ``HMS Branch'' in 50 CFR 300.21, there are no 
changes to the regulatory text in the final rule from the proposed 
rule.

[[Page 86968]]

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Tuna Conventions Act and other applicable 
laws.
    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 is available from NMFS (see ADDRESSES).
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by OMB 
Control Number 0648-0148. NMFS amended an existing supporting statement 
for the Pacific Tuna Fisheries Logbook to include the data collection 
requirements for FADs, as described in this rule. Public reporting 
burden for the additional collection of information is estimated to 
average ten minutes per form, including 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.
    Regarding the elements of the rule pertaining to silky sharks; 
there are no new collection-of-information requirements associated with 
this action that are subject to the PRA, and existing collection-of-
information requirements still apply under the following Control 
Numbers: 0648-0593 and 0648-0214.
    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.
    The Chief Counsel for Regulation, Office of the General Counsel, 
Department of Commerce, determined that this rule would not have a 
significant economic impact on a substantial number of small entities. 
Although an Initial Regulatory Flexibility Analysis (IRFA) was 
published to aid the public in commenting upon the small business 
impact of the proposed regulations, that analysis concluded that the 
action will not have a significant adverse economic impact on a 
substantial number of small entities. Public comment was solicited on 
the IRFA and proposed rule, and no challenges to the conclusions or 
other substantive issues in the IRFA were received through public 
comment. Accordingly, a Final Regulatory Flexibility Analysis was not 
prepared. Because the actions contained in this final rule are not 
expected to have a significant economic impact on a substantial number 
of small entities, the Chief Counsel for Regulation of the Department 
of Commerce certified to the Chief Counsel for Advocacy of the Small 
Business Administration that this rule will not have a significant 
adverse impact on a substantial number of small entities. The factual 
basis for this determination is described below.
    As described in the SUPPLEMENTARY INFORMATION section, the 
regulations require FAD identification and data reporting as well as 
fishing restrictions on silky sharks. The entities directly affected by 
the actions of this final rule are (1) U.S. purse seine vessels that 
use FADs to fish for tuna or tuna-like species in the IATTC Convention 
Area, and (2) U.S. purse seine and longline vessels that catch silky 
sharks.
    The United States Small Business Administration (SBA) defines a 
``small business'' (or ``small entities'') as one with annual revenue 
that meets or is below an established size standard. On December 29, 
2015, NMFS issued a final rule establishing a small business size 
standard of $11 million in annual gross receipts for all businesses 
primarily engaged in the commercial fishing industry (NAICS 11411) for 
Regulatory Flexibility Act (RFA) compliance purposes only (80 FR 81194; 
December 29, 2015). The $11 million standard became effective on July 
1, 2016, and is to be used in place of the U.S. SBA current standards 
of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 
114111), shellfish (NAICS 114112), and other marine fishing (NAICS 
114119) sectors of the U.S. commercial fishing industry in all NMFS 
rules subject to the RFA after July 1, 2016. Id. at 81194. The new 
standard results in fewer commercial finfish businesses being 
considered small.
    NMFS prepared analyses for this regulatory action in light of the 
new size standard. All of the entities directly regulated by this 
regulatory action are commercial finfish fishing businesses. Under the 
new size standards, the entities for which the action on FADs applies 
are considered large and small business, and the longline vessels for 
which the action on silky sharks applies to be small business.
    As of July 2016, there are 15 large purse seine vessels (with at 
least 363 mt of fish hold volume) listed on the IATTC Regional Vessel 
Register. The number of U.S. large purse seine vessels on the IATTC 
Regional Vessel Register has increased substantially in the past two 
years due to negotiations regarding the South Pacific Tuna Treaty 
(SPTT) and the interest expressed by vessel owners that typically fish 
in the western and central Pacific Ocean (WCPO) in relocating to the 
EPO. Neither gross receipts nor ex-vessel price information specific to 
individual fishing vessels are available to NMFS, so NMFS applied 
indicative regional cannery prices--as approximations of ex-vessel 
prices--to annual catches of individual vessels to estimate their 
annual receipts. Indicative regional cannery prices are available 
through 2014 (developed by the Pacific Islands Forum Fisheries Agency; 
available at https://www.ffa.int/node/425). NMFS estimated vessels' 
annual receipts during 2012-2014. Using this approach, NMFS estimates 
that among the affected vessels, the range in annual average receipts 
in 2012-2014 was $3 million to $20 million and the median was about $13 
million. Thus, NMFS estimates that slightly more than half of the 
affected large purse seine vessels are small entities.
    Because only the large purse seine vessels fish with FADs and 
incidentally catch silky sharks in the EPO, the action is not expected 
to impact the coastal purse seine vessels. U.S. purse seiners do not 
target silky sharks in the EPO. Since 2005, the best available data 
from observers show that the incidental catches of silky sharks are 
primarily discarded. However, a small percentage has been landed in the 
past ten years. For example, in 2015, a year in which more than three 
large purse seine vessels fished in the EPO, about 3 percent of the 
total catches of silky sharks were landed and the rest were discarded 
either dead or alive. Since at least 2005, the observer coverage rate 
on class size 6 vessels in the EPO has been 100 percent.
    As of August 2016, the IATTC Regional Vessel Register lists 158 
U.S. longline vessels that have the option to fish in the IATTC 
Convention Area. The majority of these longline vessels possess Hawaii 
Longline Limited Access Permits (issued under 50 CFR 665.13). In 
addition, there are U.S. longline vessels based on the U.S. West Coast,

[[Page 86969]]

some of which operate solely under the Pacific HMS permit. U.S. West 
Coast-based longline vessels operating under the Pacific HMS permit 
fish primarily in the EPO and are currently restricted to fishing with 
deep-set longline gear outside of the U.S. West Coast exclusive 
economic zone (EEZ).
    There have been less than three West Coast-based vessels operating 
under the HMS permit since 2005. Therefore, landings and ex-vessel 
revenue are confidential. However, the number of Hawaii-permitted 
longline vessels that have landed in West Coast ports has increased 
from 1 vessel in 2006 to 14 vessels in 2014. In 2014, 621 mt of highly 
migratory species were landed by Hawaii permitted longline vessels with 
an average ex-vessel revenue of approximately $247,857 per vessel. 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 $11 million threshold for finfish harvesting businesses. NMFS 
considers all longline vessels, for which data is non-confidential, 
that catch silky sharks in the IATTC Convention Area to be small 
entities for the purposes of the RFA.
    U.S. longline vessels fishing in the IATTC Convention Area, whether 
under the Hawaii Longline Limited Access Permit or the Pacific HMS 
permit, do not target silky sharks and all those caught incidentally 
are released. An evaluation of total catch per longline trip where 
silky sharks have been caught and released shows that, if the average 
weights of silky sharks are approximated, the amount of silky sharks 
caught by U.S. longline vessels fishing in the EPO do not come close to 
20 percent by weight of the total catch of fish during a fishing trip.
    An IRFA was prepared for the proposed rule, and the analysis 
concluded that the action will not have a significant adverse economic 
impact on a substantial number of small entities. Under the new size 
standards, the entities impacted by the action on FADs are considered 
large and small business. However, a disproportional economic effect 
between small and large businesses is not expected. There will be only 
a minimal additional time burden for owners and operators of large 
purse seine vessels to ensure characters of a unique code be marked 
indelibly on their FADs and to record data for FAD activities. And 
while the large purse seine vessels impacted by the actions with 
respect to treatment of silky sharks would be required to release all 
silky sharks, U.S. purse seine vessels do not target silky sharks, and 
primarily release those caught incidentally. However, there may be some 
modifications to the fishing practices of these large and small 
entities to release all catch of silky sharks. NMFS considers the 
longline vessels for which the action on silky sharks applies to be 
small entities. U.S. longline vessels fishing in the EPO do not target 
silky sharks and release all those incidentally caught. U.S. longline 
vessels only occasionally catch a small amount of silky sharks on 
fishing trips in the EPO. Therefore, this action is not expected to 
impact the fishing practices of these longline vessels.
    Thus, these actions are not expected to substantially change the 
typical fishing practices of affected vessels. In addition, any impact 
to the income of U.S. vessels would be minor. Therefore, NMFS has 
determined that the action is not expected to have a significant 
economic impact on a substantial number of small entities. The action 
will also not have a disproportional economic impact on small business 
entities.

List of Subjects in 50 CFR Part 300

    Fish, Fisheries, Fishing, Fishing vessels, International 
organizations, Marine resources, Reporting and recordkeeping 
requirements, Treaties.

    Dated: November 28, 2016.
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 amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

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

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


0
2. In Sec.  300.21, add a definition for ``Highly Migratory Species 
(HMS) Branch'' in alphabetical order to read as follows:


Sec.  300.21  Definitions.

* * * * *
    Highly Migratory Species (HMS) Branch means the Chief of the HMS 
Branch of the Sustainable Fisheries Division, National Marine Fisheries 
Service West Coast Region, Suite 4200, 501 W. Ocean Blvd., Long Beach, 
CA 90802.
* * * * *

0
3. In Sec.  300.24, add paragraphs (ee) through (hh) to read as 
follows:


Sec.  300.24   Prohibitions.

* * * * *
    (ee) Fail to ensure characters of a unique code are marked 
indelibly on a FAD deployed or modified on or after January 1, 2017, in 
accordance with Sec.  300.25(h).
    (ff) Fail to record and report data on interactions or activities 
on FADs as required in Sec.  300.25(i).
    (gg) Use a commercial purse seine fishing vessel of the United 
States to retain on board, transship, store, or land any part or whole 
carcass of a silky shark (Carcharhinus falciformis) in contravention of 
Sec.  300.27(e).
    (hh) Use a U.S. longline vessel to catch silky shark in 
contravention of Sec.  300.27(f).

0
4. In Sec.  300.25:
0
a. In paragraph (g)(4), remove ``(h)(1) and (2)'' and ``(h)(5)'' and 
add in their place ``(g)(1) and (2)'' and ``(g)(5)'';
0
b. In paragraph (g)(5), remove ``(h)(4)'' and add in its place 
``(g)(4)''; and
0
c. Add paragraphs (h) and (i).
    The additions read as follows:


Sec.  300.25   Eastern Pacific fisheries management.

* * * * *
    (h) FAD identification requirements for purse seine vessels. (1) 
For each FAD deployed or modified on or after January 1, 2017, in the 
IATTC Convention Area, the vessel owner or operator must either: Obtain 
a unique code from HMS Branch; or use an existing unique identifier 
associated with the FAD (e.g., the manufacturer identification code for 
the attached buoy).
    (2) U.S. purse seine vessel owners and operators shall ensure the 
characters of the unique code or unique identifier be marked indelibly 
at least five centimeters in height on the upper portion of the 
attached radio or satellite buoy in a location that does not cover the 
solar cells used to power the equipment. For FADs without attached 
radio or satellite buoys, the characters shall be on the uppermost or 
emergent top portion of the FAD. The vessel owner or operator shall 
ensure the marking is visible at all times during daylight. In 
circumstances where the on-board observer is unable to view the code, 
the captain or crew shall assist the observer (e.g., by providing the 
FAD identification code to the observer).
    (i) FAD data reporting for purse seine vessels. U.S. vessel owners 
and operators must ensure that any interaction or activity with a FAD 
is reported using a standard format

[[Page 86970]]

provided by the HMS Branch. The owner and operator shall ensure that 
the form is submitted to the address specified by the HMS Branch.

0
5. In Sec.  300.27, redesignate paragraphs (e) through (h) as paragraph 
(g) through (j) and add paragraphs (e) and (f) to read as follows:


Sec.  300.27   Incidental catch and tuna retention requirements.

* * * * *
    (e) Silky shark restrictions for purse seine vessels. The crew, 
operator, and owner of a commercial purse seine fishing vessel of the 
United States used to fish for tuna or tuna-like species is prohibited 
from retaining on board, transshipping, storing, or landing any part or 
whole carcass of a silky shark (Carcharhinus falciformis) that is 
caught in the Convention Area.
    (f) Silky shark restrictions for longline vessels. The crew, 
operator, and owner of a longline vessel of the United States used to 
fish for tuna or tuna-like species must limit the retained catch of 
silky sharks caught in the IATTC Convention Area to a maximum of 20 
percent in weight of the total catch during each fishing trip that 
occurs in whole or in part in the IATTC Convention Area.
* * * * *
[FR Doc. 2016-28968 Filed 12-1-16; 8:45 am]
 BILLING CODE 3510-22-P