[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Rules and Regulations]
[Pages 15503-15511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07387]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170815763-8270-02]
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: Final rule.

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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to 
implement Resolution C-17-02 (Conservation Measures for Tropical Tunas 
in the Eastern Pacific Ocean During 2018-2020 and Amendment to 
Resolution C-17-01), which was adopted at the 92nd Meeting of the 
Inter-American Tropical Tuna Commission (IATTC) in July 2017. This 
final rule implements the C-17-02

[[Page 15504]]

fishing management measures for tropical tuna (i.e., bigeye tuna 
(Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna 
(Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). This final 
rule imposes the following on purse seine vessels with carrying 
capacity greater than 182 metric tons (mt) fishing for tropical tuna in 
the EPO: A 72-day EPO-wide closure, a 31-day area closure, and a 
requirement that--with some exceptions--all tropical tuna be retained 
and landed. In addition, this final rule revises the restrictions for 
exemptions due to force majeure, establishes a bigeye tuna catch limit 
of 750 mt for U.S. longline vessels greater than 24 meters in overall 
length, and regulates the use and design of fish aggregating devices. 
This final 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: This rule is effective May 11, 2018, except for the amendments 
to 50 CFR 300.24(qq) and 300.28(e), which are effective on January 1, 
2019.

ADDRESSES: Copies of the Environmental Assessment, revised 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 Highly Migratory Species Branch 
Chief, Heidi Taylor, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 
90208, [email protected].

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

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2017, NMFS published a proposed rule in the Federal 
Register (82 FR 52700) to implement provisions of Resolution C-17-02 
(Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean 
During 2018-2020 and Amendment to Resolution C-17-01) adopted by the 
Inter-American Tropical Tuna Commission (IATTC or Commission) by 
consensus at its 92nd meeting in July 2017, in Mexico City, Mexico. The 
proposed rule contains additional background information, including 
information on the IATTC and its Convention Area, 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 December 14, 2017.
    The final rule is implemented under the Tuna Conventions Act (16 
U.S.C. 951 et seq.). This final rule applies to U.S. purse seine and 
longline vessels greater than 24 meters (m) in overall length fishing 
for tropical tunas in the IATTC Convention Area from May 11, 2018. The 
IATTC Convention Area is defined as waters of the eastern Pacific Ocean 
(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.
    As specified under Resolution C-17-02, the final rule continues to 
apply three regulations for the U.S. fleet that were in effect in 2017, 
revises several regulations for both purse seine and longline vessels, 
adds a description of the process for transferring longline bigeye tuna 
catch limits between countries, and imposes new restrictions on fish 
aggregating device (FAD) deployment and removal, reporting, and design 
standards. Because the preamble of the proposed rule contained detailed 
information on the maintained and revised measures, this final rule 
will briefly summarize these measures and include more detail on the 
new measures.

Regulations Continued From Previous Years

    The final rule continues to apply the regulations effective in 
previous years, including 2017, for purse seine vessels of class sizes 
4-6 (carrying capacity greater than 182 metric tons (mt)) fishing for 
tropical tuna in the EPO. This includes a 72-day EPO-wide fishing 
closure period, a time/area closure in the EPO for 31 days, and a 
requirement that all tropical tuna be retained on board and landed, 
except fish considered unfit for human consumption for reasons other 
than size. The final rule continues to allow a single exception on the 
final set of a trip, when there may be insufficient space remaining to 
accommodate all the tuna caught in that set.

Regulations Continued From Previous Years With Some Revisions

    The final rule also increases the catch limit from 500 mt to 750 mt 
for bigeye tuna caught in the EPO by U.S. longline vessels greater than 
24 meters (m).
    The final rule narrows the definition of force majeure and adjusts 
the number of days a purse seine vessel would need to observe the 72-
day closure period, if granted a force majeure exemption, from 30 days 
to 40 days. The final rule allows the reduced closure period to 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, in the following year. The final rule requires all size class 
4-6 purse seine vessels granted an exemption due to force majeure to 
carry an observer.
    NMFS is also adding a procedural requirement in the final rule to 
the regulations governing exemptions due to force majeure. Currently, 
the regulations do not have a required deadline for vessel owners or 
operators to submit information to NMFS for force majeure exemption 
requests. The final rule requires U.S. vessel owners or operators 
requesting an exemption due to force majeure to send the request to 
NMFS within 20 calendar days after the vessel has been unable to 
proceed to sea for the same amount of days as the closure period (i.e., 
72 days). Although Resolution C-17-02 specifies that the request must 
be sent to the IATTC Secretariat ``. . . at the latest one month after 
it happens,'' NMFS is requiring the information to be sent to NMFS 
within 20 calendar days to allow for additional time to review and 
process the request before NMFS sends the information to the IATTC 
Secretariat.
    In addition, the final rule removes two regulations that were in 
effect in 2017: (1) The exception for allowing a purse seine vessel 
with a dolphin mortality limit to fish for 10 days during the closure 
period; and (2) the exception 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.

New Regulations Beginning in 2018

    Bigeye tuna longline transfers. Resolution C-17-02 regulates, for 
the first time, the practice of IATTC members or cooperating non-
members (collectively known as CPCs) transferring catch limits for 
bigeye tuna in the EPO for longline vessels greater than 24 m in 
overall length. The previous IATTC resolutions on tropical tuna did not 
address transfers of bigeye tuna catch limit in the EPO. NMFS and U.S. 
Department of State are 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. In accordance with paragraph 18 of 
Resolution C-17-02, NMFS and U.S. Department of State will ensure that 
the total catch limit transferred either to or from the United States 
does not exceed 30 percent of the

[[Page 15505]]

catch limit designated to those IATTC CPCs or the United States, 
respectively, by the IATTC. In addition, these transfers may not 
retroactively cover an overage of a U.S. catch limit for bigeye tuna. 
The United States may not retransfer to a CPC any of the transferred 
catch limit it receives from 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 CPC, NMFS will publish a notice in the Federal 
Register announcing the new catch limit for bigeye tuna in the EPO that 
is available to U.S. longline vessels over 24 m in overall length.
    Restrictions on Active FADs. This final rule defines the term 
``Active FAD'' as a FAD that is equipped with gear capable of tracking 
location, such as radio or satellite buoys. While the regulatory text 
of the proposed rule would not have prohibited the continued deployment 
of FADs that are not ``active,'' NMFS sought public comment on the 
potential burden of such a prohibition in order to facilitate 
enforcement, monitoring, and reporting. Subsequently, NMFS was informed 
by industry that all FADs deployed by U.S. purse seine vessels meet the 
criteria for ``Active FADs.'' Because the burden on U.S. industry would 
appear to be nonexistent under prevailing practice, but the management 
value is substantial, the final rule prohibits the deployment of FADs 
that are not Active FADs. Mere possession of non-Active FADs on a 
vessel is allowed under the regulations, but only Active FADs may be 
deployed by U.S. vessels in the IATTC Convention Area. Resolution C-17-
02 specifies that an Active FAD may be activated only while it is 
onboard a purse seine vessel. To implement this provision, the final 
rule specifies that an Active FAD will be considered active at all 
times unless/until the tracking equipment is removed and the vessel 
owner or operator notifies NMFS Highly Migratory Species (HMS) Branch 
or the IATTC that this FAD is no longer active (i.e., deactivated). In 
accordance with Resolution C-17-02, each purse seine vessel on the 
IATTC Regional Vessel Register that has a well volume of 1,200 m\3\ or 
more has a limit of 450 Active FADs that can be active at any one time.
    Reporting on Active FADs. U.S. vessel owners and operators are 
required to maintain daily information on all Active FADs deployed in 
the water in the IATTC Convention Area and report this information 
monthly to the address specified by NMFS HMS Branch. NMFS will 
distribute guidance regarding the reporting requirements to U.S. purse 
seine vessel owners and operators prior to the effective date of the 
final rule. These reports must be submitted no later than 90 days after 
the month covered by the report. For example, reports covering the 
month of January 2018 must be submitted on or before May 1, 2018.
    The final rule also requires that reports on FAD interactions, 
which are 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.
    FAD deployment and removals. The final rule specifies that U.S. 
vessel owners, operators, and crew of purse seine vessels of class 
sizes 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 regulations specify 
that if a U.S. vessel owner, operator, and crew of a purse seine vessel 
of class size 6 chooses to set on FADs during this 15 day period, they 
must remove from the ocean a number of FADs equal to the number of FADs 
set upon by the vessel during this same 15 day period.
    FAD designs to reduce entanglements. As specified under IATTC 
Resolution C-17-02, the FAD design requirements that are intended to 
reduce entanglements will become effective on January 1, 2019, which is 
later than the effective date for the rest of the rule. Resolution C-
17-02 includes broadly worded restrictions on the use of entangling 
material on FADs. In the proposed rule, NMFS proposed two options to 
meet the Resolution restrictions by following guidance developed by the 
International Seafood Sustainability Foundation (ISSF) Guide for Non-
Entangling FADs (ISSF Guide) (available at: https://iss-foundation.org/knowledge-tools/guides-best-practices/non-entangling-fads/download-info/issf-guide-for-non-entangling-fads/). The two options proposed 
were: (1) The ``Lower Entanglement Risk FADs'' (e.g., only small mesh 
netting (i.e., 7 cm/2.5 in or less stretched mesh) and must be tightly 
tied into bundles (``sausages''), or formed into a panel that is 
weighted so as to keep it taut); or (2) ``Non-Entangling FADs'' (e.g., 
no mesh netting in FAD) as described in the ISSF Guide. NMFS proposed 
these options to establish clear standards for FAD designs that meet 
the requirements of Resolution C-17-02. In addition, NMFS solicited 
information from the public on additional materials or configurations 
that have been demonstrated to reduce or avoid entanglements when used 
in FAD construction, but did not receive any new suggestions on FAD 
material or design.
    NMFS received a comment from the American Tunaboat Association 
(ATA), which represents large U.S. purse seine vessels that fish in the 
EPO, on the proposed regulations for FAD design. The ATA objected to 
these proposed regulations because the restrictions would go beyond the 
explicit requirements of Resolution C-17-02 and thereby create an 
unfair playing field for the U.S. fleet compared to the fleets of other 
IATTC CPCs. In consideration of ATA's comment, NMFS is modifying the 
proposed regulations in this final rule.
    This final rule prohibits only two FAD design features that are 
suggested by ISSF to have the highest risk of entangling marine life. 
Based on ISSF guidance, FADs with the highest risk of entanglement use 
large mesh netting, such as 4.25 to 8 inch stretched mesh, that hang 
freely beneath the FAD (Figure 1). At this time, NMFS is not limiting 
the size of the net mesh used in the FAD design, but under the final 
rule, any netting used in the subsurface structure of the FAD must be 
tightly tied into bundles (``sausages''). In addition, if the FAD 
design includes a covered raft (e.g., flat raft or rolls of material) 
and if mesh netting is used for the cover, the mesh netting must be 
tightly wrapped around the entire raft such that no loose netting hangs 
below the FAD.

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[GRAPHIC] [TIFF OMITTED] TR11AP18.000

    NMFS believes that these requirements will effectively prohibit FAD 
designs that are most dangerous for bycatch species, such as sharks. 
Furthermore, the requirements are sufficiently specific to be 
enforceable. NMFS believes that these restrictions also will allow U.S. 
industry to operate on an equal playing field relative to our IATTC 
partners. NMFS recognizes that any netting used in a FAD may become 
loose over time, yet in order to achieve the intent of the Resolution, 
the netting must remain secure and tight whenever deployed. Therefore, 
NMFS reminds the fleet that in order to comply with these regulations, 
the purse seine operators must remain vigilant in maintaining and 
securing all mesh net used in FADs.
    NMFS has opted to establish standards that are more specific than 
the Resolution to aid with compliance and enforcement, and further the 
intent of the Resolution that member nations should design and deploy 
FADs ``to avoid entangling marine life.'' NMFS recognizes that the 
IATTC is expected to conduct more work to define non-entangling FADs 
and to develop specific guidance on materials and designs for FADs. 
NMFS intends to work with the IATTC FAD Working Group and the 
Commission to clarify non-entangling FAD requirements to ensure 
consistency between IATTC CPCs. NMFS will update these regulations, as 
appropriate, when guidance is adopted by the IATTC.

Public Comments and Responses

    NMFS received six comments during the 30-day public comment period 
that closed on December 14, 2017, and one comment after the comment 
period closed. Two comments were anonymous, two were from members of 
the public, and the remaining were from representatives of the Hawaii 
Longline Association (HLA), the Marine Mammal Commission (MMC), and the 
ATA. Three commenters supported the regulations as proposed, and one 
opposed the proposed rule because the regulations proposed to increase 
the longline catch limit for bigeye tuna. One of the anonymous 
commenters did not comment on the proposed regulations directly, but 
expressed views on global warming, and although this topic is not 
entirely outside the general subject matter of fisheries management, it 
does not warrant a response. The other comments are detailed below with 
responses from NMFS.
    Comment 1: The commenter expressed support for the proposed 
regulations and supported the use of tracking gear for researchers to 
monitor catch levels and closure areas. The commenter recommended this 
data be available to the public for assistance in monitoring vessels 
that break the rules.
    Response: NMFS thanks the commenter for their support for the 
proposed regulations. In response to the commenter's request that 
vessels be tracked with the aim to aid in enforcement, NMFS notes that 
the IATTC requires the installation of a vessel monitoring system (VMS) 
unit for large tuna fishing vessels greater than 24 m in overall length 
fishing in the EPO (see 50 CFR 300.26). This information is used to aid 
in U.S. enforcement with fisheries regulations such as closure areas. 
The VMS information data for these vessels is sent to NMFS Office of 
Law Enforcement and U.S. Coast Guard and is used strictly for 
enforcement purposes; however, this information may not be released 
publically under the Trade Secrets Act because it is commercially 
confidential.

[[Page 15507]]

    Comment 2: The commenter supported implementing the proposed 
regulations and noted that the United States should be a role model for 
other nations and should continue to ensure overfishing does not occur. 
The commenter also supported the management measures on FADs and 
expressed the view that FADs should be banned in all countries 
throughout the year. The commenter noted that FAD fishing is 
inefficient and not worth the cost of all the marine life killed as 
bycatch in FADs.
    Response: NMFS thanks the commenter for their support of the 
proposed regulations, and for highlighting the obligation of the United 
States to domestically implement measures adopted by the IATTC. In 
response to the commenter's recommendation that FADs be banned, this 
goes beyond the scope of this rule, which implements a specific 
resolution adopted by the IATTC. However, recommendations on new FAD 
management measures can be considered by the U.S. delegation when 
formulating U.S. positions during IATTC deliberations.
    In response to the commenter's view that FADs are inefficient and 
contribute to wasteful bycatch, NMFS agrees that bycatch should 
continue to be mitigated through management measures. This final rule 
implements new restrictions on FADs, including requirements for designs 
that are intended to reduce the entanglement of bycatch species, such 
as sharks. NMFS intends to continue working with the IATTC Bycatch 
Working Group and the Commission to reduce bycatch in tuna fisheries in 
the EPO.
    Comment 3: The commenter opposed these proposed regulations because 
it would increase the bigeye tuna catch limit for U.S. longline vessels 
greater than 24 m in overall length in the EPO. The commenter also 
expressed the view that the FAD regulations are not restrictive enough 
and should require biodegradable materials be used on FADs. In 
addition, the commenter recommended that catch levels for tunas should 
be decreased in the EPO and referenced papers on FADs and overfishing 
for tuna.
    Response: NMFS thanks the commenter for their views on the proposed 
regulations. In response to the commenter's opposition to an increase 
in the U.S. bigeye tuna catch limit, the IATTC's goal is to manage 
stocks to levels that produce maximum sustainable yield (MSY) under the 
Antigua Convention. Because the stock assessment for bigeye tuna in the 
EPO conducted by the IATTC scientific staff in 2017 did not show the 
stock biomass to be below MSY or fishing levels to be above MSY, the 
IATTC approved this small increase for the United States. As explained 
in the Classification section of the proposed rule, the increase in 
U.S. catch limit of 250 mt represents a 0.45 percent increase of the 
total international catch limit in the EPO. The IATTC staff estimated 
that this increase represents less than a 1 percent increase in fishing 
mortality for the EPO stock of bigeye tuna.
    In response to the recommendation for biodegradable FADs, NMFS 
agrees that biodegradable materials are useful to reduce marine debris. 
Although the IATTC has not adopted binding measure on biodegradable 
FADs, Annex II of IATTC Resolution C-16-01 urges the promotion of 
biodegradable FADs as a voluntary measure, and NMFS expects this issue 
to be discussed more in the IATTC FAD Working Group, as well as by the 
Commission.
    Comment 4: HLA expressed support for the increase in the bigeye 
tuna longline catch limit from 500 to 750 mt and also for the proposed 
regulation to allow a transfer of bigeye tuna catch. In addition, HLA 
requested that NMFS ensure any transferred catch limit of bigeye tuna 
be expedited by prompt notice in the Federal Register to avoid delays 
that have occurred in the western Pacific Ocean when increases in catch 
limits have taken place.
    Response: NMFS thanks HLA for its views on these regulations. If 
any catch limit is transferred to the United States from another CPC, 
NMFS will make every effort to promptly publish this notice in the 
Federal Register.
    Comment 5: The ATA commented that the proposed requirements for 
``Lower Entanglement Risk FADs'' and ``Non-Entangling FADs'' go beyond 
the requirements in Resolution C-17-02 and promote an unequal playing 
field that would disadvantage the U.S. purse seine fleet.
    Response: NMFS thanks ATA for its perspective on the proposed 
regulations on ``Lower Entanglement Risk FADs'' and ``Non-Entangling 
FADs.'' In response to this comment, NMFS concluded that the proposed 
regulations were within the overall mandate of the Resolution to 
minimize entanglement and fell within the discretion of the Secretary 
to devise and promulgate an enforceable interpretation of a binding 
IATTC Resolution. However, NMFS agrees with the ATA that the specific 
material and gear requirements for non-entangling FADs need to be 
further clarified by the IATTC to ensure consistency. Therefore, NMFS 
has taken into consideration ATA's comments in this final rule.
    In the final rule, the proposal has been modified in a way that is 
still specific and aids with compliance and enforcement. The rule 
prohibits only design features that are shown by ISSF to have the 
highest risk of entangling marine life. Based on ISSF guidance, FADs 
with the highest risk of entanglement use large mesh netting that hangs 
freely beneath the FAD. Under these regulations, this design is 
prohibited and if any mesh netting is used in the subsurface part of 
the FAD it must be tightly rolled into ``sausages.'' This option was 
chosen because the standard can be understood by the regulated 
community and is enforceable, while at the same time not being overly 
restrictive compared to other IATTC CPCs.
    Although the text in Resolution C-17-02 is broad, many countries 
seem to be using FAD materials and designs that are consistent with the 
``Lower Entanglement Risk FADs'' and ``Non-Entangling FADs'' as 
described by ISSF. According to information collected by ISSF, the U.S. 
purse seine fleet uses the highest risk of entangling materials on FADs 
and the majority of the other IATTC members surveyed by ISSF used a 
combination of the ``Lower Entanglement Risk FADs'' and ``Non-
Entangling FADs.'' \1\
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    \1\ ISSF 2017: Available online at: https://iss-foundation.org/download-monitor-demo/download-info/issf-2017-07-towards-global-non-entangling-fish-aggregating-device-fad-use-in-tropical-tuna-purse-seine-fisheries-through-a-participatory-approach/.
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    Given that the FAD design provisions of the Resolution must be 
implemented no later than January 1, 2019, NMFS intends to keep working 
with the IATTC FAD Working Group and the Commission to clarify non-
entangling FAD requirements to ensure consistency between IATTC CPCs. 
NMFS will update these regulations, as appropriate, when guidance is 
adopted by the IATTC.
    Comment 6: The Marine Mammal Commission (MMC) supported the 
proposed regulations on FADs and, in particular, on non-entangling 
FADs. The MMC noted the large whale entanglements in FADs in other 
oceans, and stated that the design and management of FADs can have a 
considerable impact on various marine species, including marine 
mammals.
    In addition, the MMC recommended that the U.S. delegation to the 
IATTC continue to press for sufficient observer coverage and vessel 
reporting requirements for all IATTC CPCs to provide reliable data on 
the impact of

[[Page 15508]]

FADs and related purse seine fishing operations on cetaceans. Given the 
evidence that large whales interact with both FADs and the tuna purse 
seine fisheries that deploy and set on FADS, the MMC believes that 
designing FADs that are less likely to entangle large fauna is an 
important effort that should be supported.
    Response: NMFS thanks the MMC for its view on these proposed 
regulations and for highlighting the concern that FADs have the 
potential to entangle whales. NMFS notes that the IATTC requires 100 
percent observer coverage on large purse seine vessels that fish with 
FADs. The observers onboard these purse seine vessels have reported 
interactions with whales and FADs. However, NMFS is not aware of 
discussions regarding interactions between whales and FADs within the 
IATTC. The IATTC and Agreement on the International Dolphin 
Conservation Program do not require observers on purse seine vessels 
with a carrying capacity of less than 363 mt; however, there are two 
situations where an observer is required on these vessels: (1) If the 
vessel of class sizes 1 to 5 (less than 363 mt in carrying capacity) 
has committed an infraction by setting on dolphins, or (2) if a purse 
seine vessel of class sizes 4-6 (more than 182 mt but less than 363 mt 
in carrying capacity) has been granted an exemption due to force 
majeure and wishes to fish during the closure period. The IATTC and 
Scientific Advisory Committee have discussed the need for observers on 
smaller vessels, including options for electronic monitoring, and the 
U.S. delegation has supported these recommendations.
    In response to the request for NMFS to implement the Resolution 
requirement for non-entangling FADs, as explained in the preamble, NMFS 
will implement elements of the proposed regulations that are considered 
the highest risk for entanglement. NMFS recognizes the text in 
Resolution C-17-02 and C-16-01 needs to be clarified by the IATTC and 
NMFS intends to work on this issue within the IATTC.

Changes From the Proposed Rule

    NMFS is changing the regulatory text in the final rule from the 
proposed rule that relate to Active FADs, material and designs to 
reduce entanglements on FADs, and the process for exemptions due to 
force majeure.
    As explained in the preamble, NMFS is adding a prohibition against 
deploying non-Active FADs in the EPO. NMFS solicited input from the 
public on this particular issue and, through discussion with industry, 
learned that the U.S. already deploys only Active FADs. In addition, 
the final regulation limits the daily reporting requirement for Active 
FADs only to FADs that are deployed in the water.
    For reasons explained in the preamble above and in response to 
public comment, NMFS is modifying the proposed regulations on ``Lower 
Entanglement Risk FADs'' and ``Non-Entangling FADs.'' NMFS is revising 
the proposed regulations on the FAD material and design to require any 
mesh netting used in the subsurface structure of the FAD to be rolled. 
If mesh netting is used for the cover of the FAD raft, the mesh netting 
shall be tightly wrapped around the entire raft such that no loose 
netting hangs below the FAD when deployed.
    NMFS is adding a procedural requirement to the regulations 
governing exemptions due to force majeure to be consistent with 
Resolution C-17-02, which requires that any request be sent to the 
IATTC ``at the latest'' 1 month after the force majeure event. NMFS is 
requiring the information to be sent to NMFS within 20 calendar days 
after the vessel has been unable to proceed to sea for 72 days because 
of a force majeure event to allow for additional time to review and 
process the request before NMFS sends the information to the 
Secretariat. NMFS is adding this requirement to ensure that any force 
majeure request submitted by U.S. purse seine vessel owners and 
operators are not disqualified by the IATTC Secretariat for issues 
related to timing of the request. The IATTC has final control over 
whether force majeure requests are accepted, and NMFS is adding the 20-
day deadline to better ensure we are able to submit the requests to 
IATTC in a timely manner.
    NMFS is removing the reference to carrying capacity in metric tons 
in 50 CFR 300.28(c) to be consistent with Resolution C-17-02 and to 
eliminate possible confusion with conversions between metric tons and 
cubic meters. In addition, NMFS is making various non-substantive 
revisions to the regulatory text for clarity or ease of reading.

Classification

    After consultation with the Departments of State and Homeland 
Security, the NMFS Assistant Administrator has determined that this 
final rule is consistent with the Tuna Conventions Act of 1950, as 
amended, and other applicable laws, subject to further consideration 
after public comment.
    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 the supporting statement for the 
West Coast Region Pacific Tuna Fisheries Logbook and Fish Aggregating 
Device Form, Office of Management and Business (OMB) 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. Send comments 
regarding this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and by email to [email protected], or fax to (202) 
395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
    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 
during the proposed rule stage that this action would not have a 
significant economic impact on a substantial number of small entities. 
Further details on the factual basis for the certification were 
published in the proposed rule (November 14, 2017, 82 FR 52700) and are 
not repeated here. No comments were received regarding the 
certification, and none of the changes from the proposed to the final 
rule will increase costs to the affected public. Therefore, the 
certification published with the proposed rule that states this rule is 
not expected to have a significant economic impact on a substantial 
number of small entities is still valid. As a result, a regulatory 
flexibility analysis was not required and none was prepared.

[[Page 15509]]

    The Assistant Administrator for Fisheries has determined that good 
cause exists under 5 U.S.C. 553(b)(B), to waive the requirement for 
providing advance notice and comment for requiring force majeure 
requests to be sent to NMFS within 20 calendar days to allow for 
additional time to review and process the request before NMFS sends the 
information to the IATTC Secretariat. If this regulation were delayed 
pending publication of a proposed rule and consideration of additional 
public comments, no time limits would be in place and therefore U.S. 
purse seine vessels might be disqualified by the IATTC Secretariat for 
issues related to the timing of the request. Additionally, this is a 
relatively minor procedural requirement that imposes a minimal 
regulatory burden.

List of Subjects in 50 CFR Part 300

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

    Dated: April 5, 2018.
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 amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

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

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


0
2. In Sec.  300.21, add a definition, in alphabetical order, for 
``Active FAD'' and revise the definition for ``Force majeure'' to read 
as follows:


Sec.  300.21  Definitions.

* * * * *
    Active FAD means a FAD that is equipped with gear capable of 
tracking location, such as radio or satellite buoys. A FAD with this 
equipment attached shall be considered an Active FAD unless/until the 
equipment is removed and the vessel owner or operator notifies the 
IATTC or 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 heading for paragraph 
(a) are revised, add a heading for paragraph (a)(1), and paragraph 
(a)(3) is added to read as follows:


Sec.  300.22  Recordkeeping and reporting requirements.

    (a) Logbooks and reporting on whale sharks and FADs--(1) Logbook 
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. vessel owners and operators 
must record or maintain daily information on all Active FADs that have 
been deployed in the water in the IATTC Convention Area in the format 
and to the address provided by the HMS Branch. This information must be 
submitted for each calendar month 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 (kk) through (qq) 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), 
(2), or (5).
* * * * *
    (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).
* * * * *
    (kk) 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).
    (ll) Fail to turn on the tracking equipment for an Active FAD 
before deploying at sea as required in Sec.  300.28(b).
    (mm) Deploy a FAD in the IATTC Convention Area that is not an 
Active FAD.
    (nn) Have more Active FADs than specified in Sec.  300.28(c) in the 
IATTC Convention Area at any one time.
    (oo) 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).
    (pp) Fail to timely 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).
    (qq) Deploy, or have onboard a vessel, a FAD in the IATTC 
Convention Area that fails to comply with the FAD design requirements 
in Sec.  300.28(e).

0
5. Amend Sec.  300.25 by:
0
a. Revising paragraphs (a)(1) and (2);
0
b. Adding paragraph (a)(5);
0
c. Revising paragraphs (e)(1) through (3), (e)(4) introductory text, 
and (e)(4)(ii);
0
d. Adding paragraphs (e)(4)(iii) and (iv);
0
e. Revising paragraphs (e)(5) and (6); and
0
f. Removing paragraphs (e)(7), (h), and (i).
    The addition 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 available to U.S. commercial fishing vessels that are 
over 24 meters in overall length. All restrictions described in

[[Page 15510]]

paragraphs (a)(1) and (3) through (4) of this section will continue to 
apply.
* * * * *
    (e) Purse seine closures. (1) 72-day closure. 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) Choice of closure period. 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) Default closure period. 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) Request for exemption due to force majeure. A request for 
exemption due to force majeure must be made to the Sustainable 
Fisheries Division within 20 calendar days after the vessel has been 
unable to proceed to sea for 72 days by fax at (562) 980-4047 or 
emailed to [email protected]. The request must 
include the name and official number of the vessel, vessel owner or 
manager's name and signature, and evidence to support the request, 
which may include but is not limited to photographs, repair bills, 
certificates of departure from port, and in the case of a marine 
casualty, a completed copy of the U.S. Coast Guard Form CG-2692A (See 
46 CFR 4.05-10).
* * * * *
    (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) 31-day area closure. 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 2018, 
2019, and 2020 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) Requirement to stow gear. At all times while a vessel is in a 
time/area closed period established under paragraphs (e)(1) or (5) of 
this section, unless fishing under the exception under paragraph (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
6. Add Sec.  300.28 to subpart C to read as follows:


Sec.  300.28  FAD 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\) must not have more than the following number of 
Active FADs per vessel in the IATTC Convention Area at any one time:

------------------------------------------------------------------------
                                                            Active FAD
                   Well volume  (m\3\)                         limit
------------------------------------------------------------------------
1,200 or more...........................................             450
426-1,199...............................................             300
213-425.................................................             120
0-212...................................................              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) During the 15 days prior to the start of the closure period 
selected by the vessel per Sec.  300.25(e)(1), 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 that same 15 day period.
    (e) FAD design requirements 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 following design requirements:
    (1) Raft. If the FAD design includes a covered raft (e.g., flat 
raft or rolls of material) and if mesh netting is used for

[[Page 15511]]

the cover, the mesh netting shall be tightly wrapped around the entire 
raft such that no loose netting hangs below the FAD when deployed.
    (2) Subsurface. Any netting used in the subsurface structure of the 
FAD must be tightly tied into bundles (``sausages'').

[FR Doc. 2018-07387 Filed 4-10-18; 8:45 am]
 BILLING CODE 3510-22-P