[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Proposed Rules]
[Pages 52700-52709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24606]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170815763-7999-01]
RIN 0648-BH13


International Fisheries; Pacific Tuna Fisheries; Fishing 
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to 
2020

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations under the Tuna Conventions Act to 
implement provisions included in Resolution C-17-02 (Conservation 
Measures for Tropical Tunas in the Eastern Pacific Ocean During 2018-
2020), which was adopted at the 92nd Meeting of the Inter-American 
Tropical Tuna Commission (IATTC or Commission) in July 2017. This 
proposed rule would implement the C-17-02 management measures for 
tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna 
(Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) for 2018 
to 2020 in the eastern Pacific Ocean (EPO). The proposed rule would 
impose on purse seine vessels of class sizes 4-6 (carrying capacity 
greater than 182 metric tons (mt)) fishing for tropical tuna in the 
EPO: A 72-day closure, a 31-day area closure, and a requirement that--
with some exceptions--all tropical tuna be retained and landed. In 
addition, this proposed rule would revise the restrictions for force 
majeure, establish a bigeye tuna catch limit of 750 mt for U.S. 
longline vessels greater than 24 meters (m) in overall length, and 
regulate the use of fish aggregating devices (FADs). This proposed rule 
is necessary for the conservation of tropical tuna stocks in the EPO 
and for the United States to satisfy its obligations as a member of the 
IATTC.

DATES: Comments on the proposed rule and supporting documents must be 
submitted in writing by December 14, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0129, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0129, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Rachael Wadsworth, NMFS 
West Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, 
Long Beach, CA 90802. Include the identifier ``NOAA-NMFS-2017-0129'' in 
the comments.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. 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.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous). Copies of the draft Regulatory Impact Review and 
other supporting documents are available via the Federal eRulemaking 
Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0129, or by 
contacting the Regional Administrator, Barry A. Thom, NMFS West Coast 
Region, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232-1274, 
or [email protected].

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

SUPPLEMENTARY INFORMATION: 

Background on the IATTC

    The United States is a member of the IATTC, which was established 
under the 1949 Convention for the Establishment of an Inter-American 
Tropical Tuna Commission. In 2003, the IATTC adopted the Convention for 
the Strengthening of the IATTC Established by the 1949 Convention 
between the United States of America and the Republic of Costa Rica 
(Antigua Convention). The Antigua Convention entered into force in 
2010. The United States acceded to the Antigua Convention on February 
24, 2016. The full text of the Antigua Convention is available at: 
https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
    The IATTC consists of 21 member nations and five cooperating non-
member nations. It facilitates scientific research into, as well as the 
conservation and management of, tuna and tuna-like species in the IATTC 
Convention Area. The IATTC Convention Area is defined as waters of the 
EPO within the area bounded by the west coast of the Americas and by 
50[deg] N. latitude, 150[deg] W. longitude, and 50[deg] S. latitude. 
The IATTC maintains a scientific research and fishery monitoring 
program and regularly assesses the status of tuna, sharks, and billfish 
stocks in the IATTC Convention Area to determine appropriate catch 
limits and other measures deemed necessary to promote sustainable 
fisheries and prevent the overexploitation of these stocks.

International Obligations of the United States Under the Antigua 
Convention

    As a Party to the Antigua Convention and a member of the IATTC, the 
United States is legally bound to implement decisions of the IATTC. The 
Tuna Conventions Act (16 U.S.C. 951 et seq.) directs 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.

IATTC Resolution on Tropical Tuna Conservation for 2018 to 2020

    The IATTC adopted Resolution C-17-02 (Conservation Measures for 
Tropical Tunas in the Eastern Pacific Ocean During 2018-2020 and 
Amendment to Resolution C-17-02) by consensus at its 92nd meeting in 
July 2017, in Mexico City, Mexico. Resolution C-17-02 includes 
provisions to revise Resolution C-17-01 for 2017, and also includes 
provisions for management measures for tropical tuna for 2018 to 2020. 
NMFS implemented 2017-specific measures in a separate rulemaking that 
published on September 29, 2017 (82 FR 45514). This proposed rule 
focuses on the tuna conservation measures for 2018 to 2020.
    The intent of this Resolution is to manage fishing activities for 
tropical tuna stocks in the EPO and to address the recent increases in 
the purse seine fishing capacity in the IATTC Convention Area, which 
has the

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potential to reduce production from tuna resources in the future if 
regulations are not implemented. Resolution C-17-02 includes provisions 
for purse seine and longline vessels fishing for tropical tunas in the 
IATTC Convention Area that apply from 2018 to 2020 and are described in 
more detail in the following paragraphs.
    Resolution C-17-02 includes three provisions that were in effect 
for 2017 and that apply to purse seine vessels of class sizes 4-6 
fishing for tropical tuna in the EPO. First, the Resolution C-17-02 
maintains the requirement that each vessel must cease fishing for 72 
days during one of the following two periods: July 29 to October 8, or 
from November 9 to January 19 of the following year. Second, the 
Resolution maintains the closure for purse seine vessels within the 
area of 96[deg] and 110[deg] W. and between 4[deg] N. and 3[deg] S. 
from 0000 hours on October 9 to 2400 hours on November 8. And third, 
the Resolution maintains the requirement that all tropical tuna be 
retained on board and landed, except fish considered unfit for human 
consumption for reasons other than size, as well as an exception on the 
final set of a trip, when there may be insufficient well space 
remaining to accommodate all the tuna caught in that set.
    Resolution C-17-02 also revises provisions related to purse seine 
vessels requesting an exemption due to force majeure. The Commission 
previously defined force majeure in Resolutions C-13-01 and C-17-01 as 
a purse seine vessel that is disabled by mechanical and/or structural 
failure, fire and explosions. Resolution C-17-02 narrows the definition 
to situations where a vessel is disabled in the course of ``fishing 
operations.'' The revised definition would exclude situations where a 
vessel was rendered inoperable while not at sea, e.g., fire in a 
shipyard, and situations where a vessel was in transit for purposes 
other than fishing operations. For situations where the Commission has 
approved an exemption due to force majeure, Resolution C-17-02 changes 
the number of days the purse seine vessel would need to observe the 72-
day closure period from 30 days, as was in C-17-01, to 40 days. The 
reduced closure period could either be observed in the year the force 
majeure event occurred, or if the vessel already observed a 72-day 
closure period in the year the event occurred, the vessel could observe 
the reduced closure period the following year. The proposed action 
would also require that all class 4-6 purse seine vessels granted an 
exemption due to force majeure carry an observer.
    Resolution C-17-02 removes two measures for 2018 to 2020 that were 
in effect for 2017. The provisions for 2018 to 2020 do not include the 
exception for allowing a purse seine vessel with a dolphin mortality 
limit to fish for 10 days during the closure period. The Commission had 
adopted this exception as a new measure for only 2017. In addition, 
Resolution C-17-02 removes a long standing provision that allowed purse 
seine vessels of class size 4 (i.e., vessels with a carrying capacity 
between 182 and 272 mt) to make a single fishing trip of up to 30 days 
during the closure period, provided that any such vessel carries an 
observer.
    Resolution C-17-02 also increases the U.S. annual catch limit for 
bigeye tuna in the IATTC Convention Area from 500 mt to 750 mt for 
longline vessels greater than 24 m in overall length. In addition, 
Resolution C-17-02 regulates for the first time the practice of IATTC 
members and cooperating non-members (CPCs) transferring longline catch 
limits for bigeye tuna. The previous IATTC resolutions on tropical tuna 
did not address transfers of longline catch. A few IATTC members 
reportedly transferred portions of their catch limits to other IATTC 
members, but there were no formal procedures for such transfers in the 
resolutions. The Commission adopted provisions to regulate any transfer 
to improve transparency and to increase the information collected about 
such transfers. Resolution C-17-02 specifies that no more than 30 
percent of a CPCs catch limit may be transferred. Furthermore, a 
transfer may not be made retroactively to cover an overage of a catch 
limit for bigeye tuna and may not be retransferred to any other CPC. 
Ten days in advance of any transfer, both CPCs involved in a transfer 
must notify the IATTC (either separately or jointly). All notifications 
of a transfer of any catch limit must specify the tonnage to be 
transferred and the year in which the transfer will occur. Each CPC 
that receives a transfer would be responsible for management of the 
transferred catch limit, including monitoring and monthly reporting of 
catch.
    Resolution C-17-02 also includes several new provisions on purse 
seine vessels fishing with FADs in the IATTC Convention Area. NMFS 
interprets the Resolution as differentiating between ``active FADs''--
defined as a FAD that it is deployed at sea, starts transmitting its 
location, and is being tracked by the vessel--and non-active FADs that 
do not have equipment capable of transmitting their location. As 
explained herein, the Resolution includes requirements that apply 
solely to active FADs (i.e., active FAD limits per vessel and monthly 
reporting), and requirements that apply to both active and non-active 
FADs (e.g., deployment restrictions, removal restrictions, and 
materials to reduce entanglements). For long-term planning purposes, 
NMFS is seeking public comment on whether the industry needs the 
flexibility to continue deploying non-active FADs in the IATTC 
Convention Area or whether NMFS should prohibit the deployment of non-
active FADs to facilitate monitoring of, and reporting on, FADs that 
have tracking equipment. The Resolution specifies that an active FAD 
may be activated only while it is onboard a purse seine vessel. The 
Resolution limits the number of active FADs that each purse seine 
vessel may have at any one time in the IATTC Convention Area: Class 6 
vessels (1,200 cubic meters well volume and greater) may have up to 450 
FADs; class 6 vessels (less than 1,200 cubic meters), up to 300 FADs; 
class 4-5 vessels, up to 120 FADs; class 1-3 vessels, up to 70 FADs.
    To ensure compliance with the active FAD limits, the Resolution 
requires reporting on active FADs for each vessel in the IATTC 
Convention Area. The Resolution instructs the IATTC scientific staff 
and IATTC Permanent Working Group on FADs to develop, at the latest by 
November 30, 2017, guidance on the reporting of active FAD data in 
accordance with the Resolution. Vessel owners and operators must ensure 
that daily information on all active FADs in the IATTC Convention Area 
is recorded and the information must be reported at monthly intervals 
to the IATTC. To ensure confidentiality on any location information, 
these reports may be submitted with a time delay of at least 60 days 
but no later than 90 days.
    The Resolution also includes restrictions on all FAD deployments 
and recovery in the IATTC Convention Area. The Resolution provides that 
purse seine vessels of class size 4-6 must ensure that FADs are not 
deployed during a period of 15 days prior to the start of the selected 
72-day closure period. In addition, the Resolution provides that class 
6 purse seine vessels (greater than 363 mt carrying capacity) must 
recover (i.e., meaning remove from the water), within 15 days prior to 
the start of the selected closure period, a number of FADs equal to the 
number of FADs set upon during that same period.
    In addition, the Resolution imposes design standards for all FADs 
to reduce the entanglement of marine life, e.g., sharks and turtles, 
with FADs. Specifically vessel owners and operators are required to 
ensure that, as of January

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1, 2019, all FADs are designed and deployed based on the principles set 
out in paragraphs 1 and 2 of Annex II in Resolution C-16-01 (Amendment 
of Resolution C-15-03 on the Collection and Analyses of Data on Fish-
Aggregating Devices). These paragraphs describe materials that can be 
used for both the surface and subsurface structure of the FAD.

Proposed Regulations--Tuna Conservation Measures for 2018 to 2020

    This proposed rule would implement the provisions of Resolution C-
17-02 as described above. These proposed regulations would apply to 
U.S. commercial fishing vessels that are used to fish for tropical tuna 
stocks in the IATTC Convention Area. These proposed regulations would 
apply from 2018 to 2020. Per Resolution C-17-02, the proposed 
regulations would maintain three existing U.S. regulations for purse 
seine vessels, revise several existing regulations for both purse seine 
and longline vessels, and add several new regulations on transferring 
longline catch limits and FAD management. The proposed new regulations 
are further described below.
    As described previously, there are several new provisions on 
transfers of bigeye catch limits for longline vessels. NMFS and U.S. 
Department of State would be responsible for arranging any transfers of 
a bigeye tuna catch limit for the United States with another IATTC CPC. 
Currently, the IATTC CPCs with which the United States could conduct a 
transfer, per paragraph 16 of Resolution C-17-02, include China, Japan, 
South Korea, and Chinese Taipei. NMFS would ensure that the total catch 
limit transferred either to the United States or from the United States 
would not exceed 30 percent of the catch limit designated to those CPCs 
or the United States by the IATTC. In addition, these transfers would 
not be allowed to be made to retroactively cover an overage of a U.S. 
catch limit for bigeye tuna. The United States would not be allowed to 
retransfer any of the transferred catch limit it receives from another 
CPC to another CPC.
    Per requirements of the Resolution, NMFS will notify the IATTC of 
the transfer 10 days in advance, either separately or with the other 
CPC transferring catch. The notification would specify the tonnage to 
be transferred and the year in which the transfer would occur. NMFS 
will be responsible for the management of the transferred catch limit, 
including monitoring and monthly reporting of catch.
    If the United States engages in a transfer of a bigeye tuna catch 
limit with another IATTC member, NMFS would publish a notice in the 
Federal Register announcing the new catch limit that is available to 
U.S. commercial fishing vessels that are over 24 meters in overall 
length. All restrictions described in 50 CFR 300.25 paragraphs (a)(1) 
and (a)(3) through (a)(4) would continue to apply.
    In addition, the proposed regulations include several new 
restrictions on FADs in the IATTC Convention Area. The proposed 
regulations define the term ``Active FAD'' as a fish aggregating device 
that is equipped with gear capable of tracking location, such as radio 
or satellite buoys. An Active FAD would be considered active unless/
until the tracking equipment is removed and the vessel owner or 
operator notifies NMFS Highly Migratory Species (HMS) Branch that this 
vessel is no longer active (i.e., deactivated). With respect to limits 
on the number of Active FADs, all class 6 U.S. purse seine vessels on 
the IATTC Regional Vessel Register have a well volume of 1,200 m\3\ or 
more. Therefore, these U.S. purse seine vessels would have a limit of 
450 active FADs per vessel at any one time.
    The proposed regulations would also require reporting on Active 
FADs in the IATTC Convention Area. U.S. vessels owners and operators 
would be required to maintain daily information on all Active FADs for 
each vessel in the IATTC Convention Area and report this information 
monthly to the address specified by NMFS HMS Branch. NMFS will 
distribute any guidance or templates developed by the IATTC FAD Working 
Group prior to the effective date of the final rule. These reports 
would be required to be submitted no later than 90 days after the month 
covered by the report. For example, reports covering the month of 
January 2018 could be submitted on or before May 1, 2018.
    The proposed regulations also clarify that the reporting on FAD 
interactions, which is already required by regulations at 50 CFR 
300.25(i), must be submitted within 30 days of each landing or 
transshipment of tuna or tuna-like species.
    In addition, the proposed regulations include restrictions on FAD 
deployments and removals in the IATTC Convention Area. The proposed 
regulations specify that U.S. vessel owners, operators, and crew of 
purse seine vessels of class size 4-6 must ensure that FADs are not 
deployed during a period of 15 days prior to the start of the 72-day 
closure period selected by the vessel per 50 CFR 300.25(e)(1). In 
addition, the proposed regulations specify that U.S. vessel owners, 
operators, and crew of purse seine vessels of class size 6 (greater 
than 363 mt carrying capacity) must recover (i.e., remove from the 
water) a number of FADs equal to the number of FADs set upon by the 
vessel during the 15 days prior to the start of the closure period 
selected by the vessel per 50 CFR 300.25(e)(1).
    As described previously, Resolution C-17-02 includes broadly worded 
restrictions on the use of entangling material on FADs. In order to 
establish clear standards for FAD designs that meet the requirements of 
Resolution C-17-02, NMFS proposes to provide two options to meet the 
Resolution restrictions by following guidance developed by the 
International Seafood Sustainability Foundation (ISSF) in 2015 
(available at: https://iss-foundation.org/knowledge-tools/guides-best-practices/non-entangling-fads/download-info/issf-guide-for-non-entangling-fads/). According to the ISSF Guide for Non-Entangling FADs 
(ISSF Guide), there are materials that range from highest risk of 
entanglement to lowest risk (i.e., ``Biodegradable and Non-Entangling 
FADs''). This range of options is illustrated in Figure 1.

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[GRAPHIC] [TIFF OMITTED] TP14NO17.002

    The proposed regulations would require that, no later than January 
1, 2019, all FADs onboard or deployed by U.S. purse seine vessel owners 
and operators in the IATTC Convention Area are consistent with either 
the ``Lower Entanglement Risk FADs'' or ``Non-Entangling FADs'' as 
described in the ISSF Guide (i.e., the two diagrams in the middle of 
Figure 1). For clarification, the diagrams in Figure 1 show bamboo 
rafts and bamboo hanging materials, which are not specific material 
requirements in the proposed regulations. As shown in the ISSF Guide 
(diagram farthest to the left in Figure 1), the ``Highest Entanglement 
Risk FADs'' include the use of large mesh netting (i.e., greater than 7 
centimeters (cm) or 2.5 inches (in)) that covers the raft and/or is 
hanging below the raft. Therefore, the use of these materials would be 
prohibited on FADs that are deployed on or after January 1, 2019, in 
the IATTC Convention Area. The diagram on the far right in Figure 1 
uses biodegradable materials, and would be a permissible sub-
alternative to the ``Non-Entangling FADs'' option.
    The proposed regulations provide two options for vessel owners and 
operators and identifies materials that are acceptable in both the 
surface component of the FAD (e.g., raft) and subsurface component of 
the FAD (e.g., hanging material). If FADs are constructed in a manner 
consistent with either of these two options, this would meet the 
requirements of the proposed regulations.
    To meet the requirements of the Non-Entangling FADs (see diagram 
third from left in Figure 1), the FAD would be required to be free from 
netting, and the raft would either not be covered at all or only 
covered with shade cloth or canvas. The subsurface structure would be 
made with ropes, canvas, or nylon sheets. Although biodegradable 
material is not required under Resolution C-17-02 or these proposed 
regulations, this option is presented for the purposes of discussion 
and to solicit public feedback. To meet the requirements of the Non-
Entangling FAD plus the biodegradable option for a FAD (see diagram 
furthest to the right in Figure 1), the FAD would be constructed in the 
same manner as the previously described Non-Entangling FAD and the 
material would only include biodegradable materials. NMFS is 
considering definitions for biodegradable, but examples of 
biodegradable materials could include non-plastic and non-metal 
materials, as well as natural materials such as bamboo, palm leaves, 
coconut fiber or sisal fiber.
    Alternatively, the ``Lower Entanglement Risk FADs'' (see diagram 
second from the left in Figure 1) would require that if netting is used 
for either the surface or subsurface components that only small mesh 
would be used (i.e., 7 cm/2.5 in or less stretched mesh). If the raft 
is covered and small mesh netting is used, it must be tightly wrapped 
around the raft to avoid loose hanging netting. Any other covering must 
be comprised of shade cloth or canvas. Any small mesh netting used in 
the subsurface structure must be tightly tied into bundles 
(``sausages''), or formed into a panel that is weighted so as to keep 
it taut.
    In addition, NMFS is soliciting the public for information on 
additional materials or configurations that have been demonstrated to 
reduce or avoid entanglements when used in FAD construction. Taking 
into account enforceability, NMFS will evaluate this input and consider 
including it in the final rule. NMFS acknowledges that additional 
materials may be recognized in the future that are effective at 
reducing or avoiding entanglement. Therefore, NMFS will update these 
regulations as appropriate.

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Classification

    After consultation with the Department of State and Homeland 
Security, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the Tuna Conventions Act of 1950, as 
amended, 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.
    NMFS is amending the supporting statement for the West Coast Region 
Pacific Tuna Fisheries Logbook and Fish Aggregating Device Form, Office 
of Management and Business (OMB) Paperwork Reduction Act (PRA) 
requirements (OMB Control No. 0648-0148) to include the data collection 
requirements for FADs as described in the preamble. NMFS estimates that 
the public reporting burden for this collection of information will 
average 3 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. 
NMFS requests any comments on the addition of the FAD data collection 
form to the PRA package, including whether the paperwork would 
unnecessarily burden any vessel owners and operators. Public comment is 
sought regarding: Whether this proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; the 
accuracy of the burden estimate; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information, including through the use 
of automated collection techniques or other forms of information 
technology. Send comments on these or any other aspects of the 
collection of information to the ADDRESSES above, 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.
    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 proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The 
rationale for the certification is provided in the following 
paragraphs.
    As described in the SUPPLEMENTARY INFORMATION section, the proposed 
regulations would implement IATTC Resolution C-17-02, which would 
establish regulations for U.S. commercial fishing vessels fishing for 
tropical tuna in the IATTC Convention Area as detailed above. The 
objectives of the proposed action are: (1) To manage U.S. fishing 
activities for tropical tuna in the EPO for the benefit of maximizing 
harvests while avoiding overfishing, and (2) fulfilling the 
international obligations of the United States as a member of the 
IATTC.
    The absence of the proposed rule action would allow U.S. fisheries 
to target tropical tuna stocks in the IATTC Convention Area without 
restrictions (except for existing permit requirements). This may 
contribute to overfishing conditions of tuna resources. Managing stocks 
at or above levels able to produce maximum sustainable yield is 
intended to benefit both the stocks and the fisheries in the EPO by 
allowing the production of the stocks to be maintained at levels where 
the largest catch can be taken overtime. Alternatively, the 
implementation of Resolution C-17-02 will result in the sharing of 
sustainable benefits from Pacific tuna fishery resources among the 
IATTC CPC countries. The entities directly affected by the actions of 
this proposed rule are: (1) U.S. purse seine vessels that fish for tuna 
or tuna-like species in the IATTC Convention Area, and (2) U.S. 
longline vessels greater than 24 meters in overall length that catch 
bigeye tuna in the IATTC Convention Area.
    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 U.S. purse seine vessels this action applies to 
are considered large and small businesses. The longline vessels this 
action applies to are considered to be small businesses.
    There are two components to the U.S. tuna purse seine fishery in 
the EPO: (1) Large purse seine vessels of class size 6 that typically 
have been based in the western and central Pacific Ocean (WCPO), and 
(2) coastal purse seine vessels with smaller fish hold volumes (size 
class 2-3; between 46-181 mt carrying capacity) that are based on the 
U.S. West Coast. Although Resolution C-17-02 and the proposed 
regulations include restrictions for class size 4-5 (182-363 mt 
carrying capacity) purse seine vessels, there are no (nor have there 
been in the past ten years) any U.S. vessels of class sizes 4-5 
registered to fish in the IATTC Convention Area. Therefore, the 
proposed regulations for class size 4-5 purse seine vessels are not 
expected to have any impact to U.S. vessel owners or operators.
    As of September 2017, there are 17 class size 6 purse seine vessels 
registered to fish in the IATTC Convention Area. The number of U.S. 
size class 6 purse seine vessels on the IATTC Regional Vessel Register 
has increased substantially in the past two years due to previous 
uncertainty in the negotiations regarding the South Pacific Tuna Treaty 
and the interest expressed by vessel owners that typically fish in the 
WCPO in relocating to the EPO. From 2005 through 2014, three or fewer 
class 6 purse seine vessels fished in the Convention Area. In 2015 and 
2016, fifteen and eighteen vessels fished in the Convention Area, 
respectively.
    The U.S. class size 6 purse seine vessels target skipjack tuna by 
fishing on floating objects and unassociated sets; they also catch and 
retain yellowfin and bigeye tuna. Since at least 2005, the observer 
coverage rate on class size 6 vessels in the EPO has been 100 percent. 
In addition, one U.S. class 6 purse seine vessel has permission to fish 
on dolphins in 2017 and may be eligible to fish on dolphins in the 
future; but, this vessel could also fish on floating

[[Page 52705]]

objects and unassociated sets as it has done in the past. Previous to 
2017, no U.S. purse seine vessel had fished on dolphins in over 10 
years and NMFS does not yet have any catch data for this fishing 
activity.
    For large purse seine vessels that fished exclusively in the EPO in 
2015 and 2016, ex-vessel price information is not available to NMFS 
because these vessels did not land on the U.S. West Coast, and the 
cannery receipts are not available through the IATTC. However, 
estimates for large purse seine vessels based in the WCPO that fish in 
both the EPO and WCPO may be used as a proxy for U.S. large purse seine 
vessels. The number of these U.S. purse seine vessels is approximated 
by the number with Western and Central Pacific Fisheries Commission 
(WCPFC) Area Endorsements, which are the NMFS-issued authorizations 
required for a vessel to fish commercially for highly migratory species 
(HMS) on the high seas in the WCPFC Convention Area. As of October 
2017, the number of purse seine vessels with WCPFC Area Endorsements 
was 37.
    Based on (limited) financial information about the affected fishing 
fleets, and using individual vessels as proxies for individual 
businesses, NMFS believes that over half of the vessels in the purse 
seine fleet are small entities as defined by the RFA; that is, they are 
independently owned and operated and not dominant in their fields of 
operation, and have annual receipts of no more than $11 million. Within 
the purse seine fleet, analysis of average revenue, by vessel, for the 
three years of 2014-2016 reveals that average fleet revenue was 
$10,201,962; 22 participating vessels qualified as small entities with 
their average of the most recent three years of vessel revenue for 
which data is available of less than $11 million.
    As of September 2017, the IATTC Regional Vessel Register lists 158 
U.S. longline vessels that have the option to fish in the IATTC 
Convention Area, 37 of which are large-scale longline vessels (i.e., 
greater than 24 m in overall length). The majority of these longline 
vessels have Hawaii Longline Limited Access Permits (issued under 50 
CFR 665.13). Under the Hawaii longline limited access program, no more 
than 164 permits may be issued. The Hawaii longline fisheries include a 
tuna-targeting (including bigeye tuna) deep-set fishery and swordfish-
targeting shallow set fishery. Since at least 2008, the observer 
coverage rates on shallow-set and deep-set longline vessels in the EPO 
have been a minimum of 100 and 20 percent, respectively. U.S. longline 
vessels fishing in the EPO have reached the 500 mt catch limit for 
bigeye tuna in 2013 to 2015 and in 2017.
    In addition, there are U.S. longline vessels based on the U.S. West 
Coast, some of which operate under the Pacific HMS permit and high seas 
permits. 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 EEZ. There have been fewer than three U.S. 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 U.S. West Coast ports 
has increased from one vessel in 2006 to 18 vessels in 2016. In 2016, 
928 mt of HMS (excluding striped marlin, pelagic thresher shark, and 
bigeye thresher shark) were landed into West Coast ports by Hawaii 
permitted longline vessels with total ex-vessel revenue of about $5.4 
million. The average ex-vessel revenue for each vessel is approximately 
$302,222. This is well below the $11 million threshold for finfish 
harvesting businesses.

Economic Impacts

    The proposed action is not expected to have a significant adverse 
economic impact on either the profitability of a substantial number of 
small entities or a disproportional economic effect on small entities 
relative to large entities. Under the new size standards, the entities 
impacted by the action related to purse seine vessels are considered 
large and small business, and the entities impacted by the action 
related to longline vessels are considered small business. However, 
disproportional economic effects between small and large businesses are 
not expected. Several proposed measures for 2018-2020 would maintain 
regulations that have been in place for years for tropical tuna 
management in the IATTC Convention Area; therefore, these actions are 
routine for the purse seine and longline fisheries. The proposed 
changes to the 2017 regulations include removing two regulations, 
revising two regulations, and adding several new regulations. These 
changes and the expected economic effects are discussed in more detail 
below.
    Exception for dolphin fishing vessels: This proposed action would 
remove the exception that allowed vessels with DMLs to fish for ten 
days during the 72-day closure period. The Commission had adopted this 
temporary exemption for 2017 to provide additional flexibility to the 
DML vessels based on negotiations at the July 2017 IATTC meeting. As 
described above, only one U.S. purse seine vessel has a DML for 2017. 
It is currently unknown if the vessel will use this exemption in place 
for 2017. The exemption provided an optional additional economic 
benefit to DML vessels in 2017. Although removing this exemption may 
reduce the profitability of this particular vessel, the economic 
impacts are not expected to be substantial. Furthermore, the vessel 
would now be subject to the same restrictions as the other U.S. purse 
seine vessels that fish on FADs and unassociated sets and are subject 
to a 72-day closure. Therefore, no disproportionate impacts between 
small and large businesses are expected.
    Exception for class 4 vessels: The proposed action to remove the 
regulation that allows purse seine vessels of class size 4 to make a 
single fishing trip of up to 30 days during the closure period is not 
expected to have any impact on U.S. purse seine vessels because there 
are no U.S. purse seine vessels of class size 4 registered to fish in 
the IATTC Convention Area.
    Force Majeure: The proposed action would narrow the definition of 
force majeure to situations where a vessel is disabled at sea (except 
while transiting between ports on a trip during which no fishing 
operations occur). The proposed action would change the number of days 
the vessel would need to observe the 72-day closure from 30 days, as 
was in Resolution C-17-01, to 40 days, and would allow a reduced 
closure period to be observed the year following the force majeure 
event. The proposed action would also require that all class 4-6 purse 
seine vessels granted an exemption due to force majeure carry an 
observer. Because all class 6 U.S. purse seine vessels already carry 
observers under the requirements of the Agreement on the International 
Dolphin Conservation Program (AIDCP) and there are no class 4-5 U.S. 
purse seine vessels, this requirement will not impose additional 
restrictions on U.S. purse seine vessel owners or operators. The 
revised definition would exclude situations when something happened to 
the vessel while not at sea, e.g., if the vessel caught on fire in a 
shipyard. Since 2013, when the force majeure provisions first went into 
effect, the United States has requested force majeure exemptions three 
times, one of which was for a situation that would be excluded under 
the current definition. Because force majeure events are rare and 
unpredictable, it is difficult to speculate future situations where a 
U.S. vessel would need to request force majeure. However, based on the

[[Page 52706]]

previous types of force majeure requests, the economic impacts are 
expected to be minor or none. The economic effects from reducing the 
number of days the vessel would need to observe the closure and 
allowing more flexibility in the year in which to observe a reduced 
closure period would have a positive economic impact for vessels that 
are granted an exemption due to force majeure. Nonetheless, this 
proposed measure is expected to provide some relief to purse seiners 
that experience an unforeseen circumstance and would otherwise have 
fewer days in a calendar year in which to fish.
    Catch Limit: The proposed action maintains a bigeye tuna catch 
limit for longline vessels greater than 24 m in overall length; 
however, the proposed action included an increase from 500 to 750 mt 
specifically for the United States. The total allocated catch limits 
for IATTC members specified in the Resolution is 55,131 mt. The 
increase in U.S. catch limit of 250 mt represents 0.45 percent increase 
of the total catch limit. The IATTC staff estimated that this increase 
represents less than a 0.8 percent increase in fishing mortality for 
the EPO stock of bigeye tuna, which is currently estimated to not be 
experiencing overfishing or to be overfished. This increase may allow 
for additional flexibility and fishing opportunity for the U.S. 
longline fleet. Longline bigeye tuna catch limits have been in place 
since 2009 (Resolution C-09-01), and extending and increasing the U.S. 
catch limit would likely increase the profitability of the fishery. The 
proposed action is not expected to require any additional compliance 
effort or expense by affected vessels.
    Transfer of catch limit: The proposed action also specifies the 
terms under which the U.S. could transfer (e.g., receive or provide) 
bigeye tuna catch limit for longline vessels greater than 24 m. 
Although a few IATTC members reportedly transferred portions of their 
catch limits to other IATTC members in the past, there were no formal 
procedures for such transfers in the resolutions. To date, the United 
States has never engaged in transfers of bigeye tuna catch limits. The 
United States has no intention of providing any of its catch limit to 
another IATTC CPC. If there ever was a circumstance in the future where 
this would be considered (e.g., if the U.S. longline fleet was no 
longer in fishing in the IATTC Convention Area), NMFS would evaluate 
the economic impacts of doing this through a separate economic 
analysis. It is more likely, although there is no plan for doing so at 
this time, that NMFS would receive a transfer of catch limit from 
another CPC in 2018 to 2020. If the United States did receive a 
transferred catch limit, it would be managed by NMFS the same way as 
the 750 mt catch limit is proposed to be managed by publishing the 
temporary increase in the catch limit in the Federal Register and 
monitoring the catch through logbooks. An increased catch limit would 
result in an economic benefit to the fishery and increased 
profitability. Because all affected longline vessels are considered 
small business, no disproportionate impacts between small and large 
entities of longline vessels would occur.
    Fish Aggregating Devices (FADs): With respect to limits on Active 
FADs, all large U.S. purse seine vessels on the IATTC Regional Vessel 
Register have a well volume of 1,200 m\3\ or more. Therefore, a limit 
of 450 Active FADs per large U.S. purse seine vessel at any one time 
would apply. According to information compiled by IATTC scientific 
staff from 2013-2015, most purse seine vessels fishing in the IATTC 
Convention Area deploy 300 or less FADs within a year (https://www.iattc.org/Meetings/Meetings2016/Oct/Pdfs/_English/IATTC-90-INF-B-Add-1-Alternative-management-measures.pdf). Although it is unknown how 
many Active FADs each U.S. purse seine vessel maintains at any given 
time, according to discussions between NMFS and U.S. industry 
representatives, it is not more than 450 FADs. Because this measure is 
not expected to reduce the number of Active FADs any U.S. purse seine 
vessel has in the water, this proposed rule is not expected to reduce 
the profitability of the fishery and no disproportionate impacts 
between small and large businesses are expected. In addition, although 
there is an additional reporting requirement for Active FADs, vessel 
operators are already expected to be collecting the necessary 
information and this is not expected to reduce profitability.
    As described previously, the proposed action would prohibit FAD 
deployment 15 days in advance of the selected closure period. For those 
U.S. purse seine operators that typically deploy FADs before the 
closure period, this restriction could result in adjustments in fishing 
practices. For example, vessel operators that typically deploy FADs 
during that time period might choose to deploy more FADs at earlier 
dates before the closure or choose to deploy fewer FADs overall. In 
addition, the proposed action would require purse seine vessels to 
remove, within 15 days prior to the start of the selected closure 
period, a number of FADs equal to the number of FADs set upon by the 
vessel during that same period. Vessel operators that typically set on 
FADs fifteen days prior to the closure period may choose to adjust 
their fishing practices to not set on FADs, or to set on fewer FADs, 
within 15 days prior to the start of the selected closure period to 
avoid or reduce the number of FADs to remove. If vessel owners or 
operators make one set per day, they would need to remove 15 FADs to 
comply with this proposed regulation. For those vessel owners that 
remove FADs to comply with this regulation, it would be expected that 
they would pick up the FAD after making the set and there would be an 
additional time burden for vessel operators and crew to pull the FAD(s) 
out of the water. These proposed restrictions on FAD deployments and 
removals would not restrict the number of FADs in the water, but could 
change the amount of time vessel operators or crew engage in activities 
with FADs on the water. Thus, these measures are not expected to reduce 
the overall profitability of the fishery. Because all U.S. purse seine 
vessels fishing with FADs would be impacted in a similar manner, no 
disproportionate impacts between small and large businesses are 
expected.
    The proposed action includes a range of options to comply with the 
restrictions on entangling materials on FADs in the IATTC Convention 
Area. Although information compiled by ISSF showed that the majority of 
the U.S. purse seine fleet currently use materials on FADs that have a 
high risk of entanglement (e.g., hanging nets), according to 
discussions between industry representatives and NMFS, the purse seine 
fleet in the Pacific Ocean is in the process of transitioning to 
materials that do not have the highest risk of entanglement. This is a 
result of coordination between ISSF and U.S. industry and is expected 
to become effective in March 2018. Although there will likely be costs 
associated with this transition, which will vary depending on the 
materials available to the vessel and which materials the vessel uses, 
these measures are not expected to reduce the profitability of the 
fishery. Because all U.S. purse seine vessels fishing with FADs would 
be impacted in a similar manner, no disproportionate impacts between 
small and large businesses are expected. In addition, the effective 
date for this proposed action is January 1, 2019, which provides 
additional time for compliance with this measure.
    With these additional restrictions on FADs, U.S. purse seine 
vessels will continue to have the option to fish on

[[Page 52707]]

unassociated sets throughout the IATTC Convention Area. In addition, 
depending on the level of flexibility for FAD regulations in the WCPO, 
U.S. purse seine vessels could also fish in the Area of Overlap without 
the IATTC restrictions on FADs. However, the other regulations in the 
Area of Overlap still apply, such as carrying an IATTC and WCPFC 
approved observer and being listed on the IATTC Regional Vessel 
Register per NMFS regulations published in 50 CFR 300.21 (definition of 
the Convention Area). The current regulations for the Area of Overlap 
could also change in the future.
    In summary, the proposed action is not expected to substantially 
change the typical fishing practices of affected vessels. In addition, 
any impact to the income of U.S. vessels is expected to be minor. 
Therefore, NMFS has determined that the action is neither expected to 
have a significant economic impact on a substantial number of small 
entities nor to have a disproportional economic impact on the small 
entities relative to the large entities. Given these conclusions, an 
Initial Regulatory Flexibility Analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 300

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

    Dated: November 8, 2017.
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


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.  300.21, add a definition of ``Active FAD'' in alphabetical 
order and revise the definition for ``Force majeure'' to read as 
follows:


Sec.  300.21  Definitions.

* * * * *
    Active FAD means, a fish aggregating device that is equipped with 
gear capable of tracking location, such as radio or satellite buoys. A 
FAD with this equipment shall be considered an Active FAD unless/until 
the equipment is removed and the vessel owner or operator notifies the 
HMS Branch that the FAD is no longer active (i.e., deactivated).
* * * * *
    Force majeure means, for the purpose of Sec.  300.25, a situation 
in which a vessel at sea, except while transiting between ports on a 
trip during which no fishing operations occur, is disabled by 
mechanical and/or structural failure, fire or explosion.
* * * * *
0
3. In Sec.  300.22, the section heading and the paragraph heading for 
paragraph (a) are revised, and paragraph (a)(3) is added to read as 
follows:


Sec.  300.22   Recordkeeping and reporting requirements.

    (a) Logbooks and FAD data reporting.
* * * * *
    (3) FAD data reporting for purse seine vessels. (i) Reporting on 
FAD interactions: U.S. vessel owners and operators must ensure that any 
interaction or activity with a FAD is reported using a standard format 
provided by the HMS Branch. The owner and operator shall ensure that 
the form is submitted within 30 days of each landing or transshipment 
of tuna or tuna-like species to the address specified by the HMS 
Branch.
    (ii) Reporting on active FADs: U.S. vessels owners and operators 
must record or maintain daily information on all Active FADs in the 
IATTC Convention Area in the format provided by the HMS Branch. The HMS 
Branch will distribute a template describing the information to report. 
This information must be reported for each calendar month for which 
Active FADs are deployed in the Convention Area, and submitted to the 
address specified by the HMS Branch. These reports must be submitted no 
later than 90 days after the month covered by the report.
* * * * *
0
4. In Sec.  300.24, revise paragraphs (m), (n), (ee), and (ff), and add 
paragraphs (ii) through (nn) to read as follows:


Sec.  300.24   Prohibitions.

* * * * *
    (m) Fail to stow gear as required in Sec.  300.25(a)(4)(iv) or 
(e)(6).
    (n) Use a fishing vessel of class size 4-6 to fish with purse seine 
gear in the Convention Area in contravention of Sec.  300.25(e)(1), 
(e)(2), (e)(5) or (e)(6).
* * * * *
    (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.  300.28(a)(2).
    (ff) Fail to record or report data on FADs as required in Sec.  
300.22(a)(3).
* * * * *
    (ii) Activate the transmission equipment attached to a FAD in a 
location other than on a purse seine vessel at sea as required in Sec.  
300.28(b).
    (jj) Fail to turn on the tracking equipment for an Active FAD 
before deploying at sea as required in Sec.  300.28(b).
    (kk) Have more Active FADs than specified in Sec.  300.28(c) in the 
IATTC Convention Area at any one time.
    (ll) Deploy a FAD in the IATTC Convention Area during a period of 
15 days prior to the start of the selected closure period in 
contravention of Sec.  300.28(d)(1).
    (mm) Fail to remove from the water a number of FADs in the IATTC 
Convention Area equal to the number of FADs set upon by the vessel 
during the 15 days prior to the start of the selected closure period as 
required in Sec.  300.28(d)(2).
    (nn) Deploy, or have onboard a vessel, a FAD in the IATTC 
Convention Area with non-authorized materials as required at Sec.  
300.28(e).
0
5. In Sec.  300.25:
0
a. Revise paragraphs (a)(1) and (2);
0
b. Add paragraph (a)(5);
0
c. Revise paragraphs (e)(1) through (3), and (e)(4)(ii);
0
d. Add paragraphs (e)(4)(iii) and (iv); and
0
e. Revise paragraphs (e)(5) and (6).
    The additions and revisions read as follows:


Sec.  300.25  Fisheries management.

    (a) * * *
    (1) Fishing seasons for all tuna species begin on 0000 hours 
Coordinated Universal Time (UTC) January 1 and end either on 2400 hours 
UTC December 31 or when NMFS closes the fishery for a specific species.
    (2) For the calendar years 2018, 2019, 2020, there is a limit of 
750 metric tons of bigeye tuna that may be caught by longline gear in 
the Convention Area by U.S. commercial fishing vessels that are over 24 
meters in overall length. The catch limit within a calendar year is 
subject to increase if the United States receives a transfer of catch 
limit from another IATTC member or cooperating non-member, per 
paragraph (a)(5) of this section.
* * * * *
    (5) If the United States engages in a transfer of a bigeye tuna 
catch limit with another IATTC member or cooperating non-member, NMFS 
will publish a notice in the Federal Register announcing the new catch 
limit that is

[[Page 52708]]

available to U.S. commercial fishing vessels that are over 24 meters in 
overall length. All restrictions described in paragraphs (a)(1) and 
(a)(3) through (a)(4) of this section will continue to apply.
* * * * *
    (e) Purse seine closures. (1) A commercial purse seine fishing 
vessel of the United States that is of class size 4-6 (more than 182 
metric tons carrying capacity) may not be used to fish with purse seine 
gear in the Convention Area for 72 days in each of the years 2018, 
2019, and 2020 during one of the following two periods:
    (i) From 0000 hours Coordinated Universal Time (UTC) July 29, to 
2400 hours UTC October 8, or
    (ii) From 0000 hours UTC November 9 to 2400 hours UTC January 19 of 
the following year.
    (2) A vessel owner, manager, or association representative of a 
vessel that is subject to the requirements of paragraph (e)(1) of this 
section must provide written notification to the Regional Administrator 
declaring to which one of the two closure periods identified in 
paragraph (e)(1) of this section his or her vessel will adhere in that 
year. This written notification must be submitted by fax at (562) 980-
4047 or email at [email protected] and must be 
received no later than July 1 prior to the first closure period within 
a calendar year. The written notification must include the vessel name 
and registration number, the closure dates that will be adhered to by 
that vessel, and the vessel owner or managing owner's name, signature, 
business address, and business telephone number.
    (3) If written notification is not submitted per paragraph (e)(2) 
of this section for a vessel subject to the requirements under 
paragraph (e)(1) of this section, that vessel must adhere to the second 
closure period under paragraph (e)(1)(ii) of this section.
* * * * *
    (4) * * *
    (ii) If the request for an exemption due to force majeure is 
accepted by the IATTC, the vessel must observe a closure period of 40 
consecutive days in the same year during which the force majeure event 
occurred, in one of the two closure periods described in paragraph 
(e)(1) of this section.
    (iii) If the request for an exemption due to force majeure is 
accepted by the IATTC and the vessel has already observed a closure 
period described in paragraph (e)(1) of this section in the same year 
during which the force majeure event occurred, the vessel must observe 
a closure period of 40 consecutive days the following year the force 
majeure event occurred, in one of the two closure periods described in 
paragraph (e)(1) of this section.
    (iv) Any purse seine vessel for which a force majeure request is 
accepted by the IATTC, must carry an observer aboard authorized 
pursuant to the International Agreement on the International Dolphin 
Conservation Program.
    (5) A fishing vessel of the United States of class size 4-6 (more 
than 182 metric tons carrying capacity) may not be used from 0000 hours 
on October 9 to 2400 hours on November 8 in 2017 to fish with purse 
seine gear within the area bounded at the east and west by 96[deg] and 
110[deg] W. longitude and bounded at the north and south by 4[deg] N. 
and 3[deg] S. latitude.
    (6) At all times while a vessel is in a time/area closed period 
established under paragraphs (e)(1) or (e)(5) of this section, unless 
fishing under exceptions established under paragraphs (e)(4) of this 
section, the fishing gear of the vessel must be stowed in a manner as 
not to be readily available for fishing. In particular, the boom must 
be lowered as far as possible so that the vessel cannot be used for 
fishing, but so that the skiff is accessible for use in emergency 
situations; the helicopter, if any, must be tied down; and launches 
must be secured.
* * * * *
0
5. Add Sec.  300.28 to Subpart C to read as follows:


Sec.  300.28  Fish aggregating device restrictions.

    (a) 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).
    (b) Activating FADs for purse seine vessels. A vessel owner, 
operator, or crew shall deploy an Active FAD only while at sea and the 
tracking equipment must be turned on while the FAD is onboard the 
vessel and before being deployed in the water.
    (c) Restrictions on Active FADs for purse seine vessels. U.S. 
vessel owners and operators of purse-seine vessels with the following 
well volume (m\3\) or fish hold capacity (mt) must not have more than 
the following number of Active FADs per vessel in the IATTC Convention 
Area at any one time:

------------------------------------------------------------------------
                                                                  Active
         Well  volume (m\3\)           Carrying  capacity  (mt)    FAD
                                                                  limit
------------------------------------------------------------------------
1,200 or more.......................  1,408 or more............      450
435-1,199...........................  510-1,407................      300
213-425.............................  182-363..................      120
0-212...............................  0-181....................       70
------------------------------------------------------------------------

    (d) Restrictions on FAD deployments and removals. (1) U.S. vessel 
owners, operators, and crew of purse seine vessels of class size 4-6 
(more than 182 metric tons carrying capacity) must not deploy a FAD 
during a period of 15 days prior to the start of the selected closure 
period described in Sec.  300.25(e)(1).
    (2) U.S. vessel owners, operators, and crew of purse seine vessels 
of class size 6 (greater than 363 metric tons carrying capacity) must 
remove from the water a number of FADs equal to the number of FADs set 
upon by the vessel during the 15 days prior to the start of the closure 
period selected by the vessel per Sec.  300.25(e)(1).
    (e) FAD design to reduce entanglements. No later than January 1, 
2019, all FADs onboard or deployed by U.S. vessel owners, operators, or 
crew, must comply with the surface (e.g., raft) and subsurface 
component terms of either paragraph (e)(1)(i) or (e)(1)(ii) of this 
section. The use of netting with a mesh size greater than 7 
centimeters/2.5 inches stretched mesh is prohibited on all parts of a 
FAD.
    (1) Non-Entangling FADs must not include netting on any parts of 
the FAD, and the raft must either not be covered or covered with shade 
cloth or canvas. The subsurface structure must be made with ropes, 
canvas, or nylon sheets (diagram on the right in Figure 1 to paragraph 
(e)(2)).
    (2) Lower Entanglement Risk FADs may use small mesh netting (mesh 
may not exceed 7 centimeters/2.5 when stretched) for either the surface 
or subsurface components. If the raft is

[[Page 52709]]

covered and small mesh netting is used, it must be tightly wrapped 
around the raft with no loose netting hanging from it. Any other 
covering on the raft must be comprised of shade cloth or canvas. Any 
small mesh netting used in the subsurface structure must be tightly 
tied into bundles (``sausages''), or formed into a panel that is 
weighted so as to keep it taut (diagram on the left in Figure 1 to 
paragraph (e)(2)).
[GRAPHIC] [TIFF OMITTED] TP14NO17.003

[FR Doc. 2017-24606 Filed 11-13-17; 8:45 am]
 BILLING CODE 3510-22-P