[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Proposed Rules]
[Pages 15556-15566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07300]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 216 and 300
[Docket No. 171227999-9220-02]
RIN 0648-BH48
International Fisheries; Pacific Tuna Fisheries; Procedures for
the Active and Inactive Vessel Register
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 is proposing regulations under the Tuna Conventions Act
of 1950 (TCA), as amended, to implement International Maritime
Organization (IMO) requirements in Inter-American Tropical Tuna
Commission (IATTC) Resolution C-18-06 (Resolution (Amended) on a
Regional Vessel Register) and amendments to existing regulations
related to the IATTC Regional Vessel Register (Vessel Register) for
purse seine vessels fishing in the eastern Pacific Ocean (EPO). The
proposed rule would expand the IMO number requirements to include
certain categories of smaller U.S. vessels fishing for tuna and tuna-
like species in the EPO. The proposed rule would also modify
regulations associated with the Vessel Register and prohibition and
incidental catch provisions. These revisions would provide more clarity
and make U.S. regulations more consistent with the IATTC management
framework, while allowing controlled operational flexibility for the
U.S. industry.
DATES: Comments on the proposed rule and supporting documents must be
submitted in writing by May 16, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0030, 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-2018-0030, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Daniel Studt, NMFS West
Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2018-0030'' 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-2018-0030, or by contacting
Daniel Studt, NMFS West Coast Region, 501 W Ocean Blvd., Suite 4200,
Long Beach, CA 90802, or emailing [email protected].
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information
[[Page 15557]]
requirements contained in this proposed rule may be submitted to the
NMFS West Coast Region Long Beach Office at the address listed above,
by email to [email protected], or by fax to (202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Daniel Studt, NMFS, West Coast Region,
562-980-4073.
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 Antigua
Convention, which was negotiated to strengthen and replace the 1949
Convention establishing the IATTC. 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 (collectively termed CPCs). The IATTC facilitates
scientific research, conservation, and management of tuna and tuna-like
species in the IATTC Convention Area (Convention Area), 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, shark,
and billfish stocks in the EPO to determine appropriate catch limits
and other measures 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 certain decisions of the
IATTC. The TCA (16 U.S.C. 951 et seq.), as amended on November 5, 2015,
by Title II of Public Law 114-81, directs the Secretary of Commerce, in
consultation with the Secretary of State and, with respect to
enforcement measures, the Secretary of the Department of Homeland
Security, to promulgate such regulations as may be necessary to carry
out the United States' international obligations under the Antigua
Convention, including recommendations and decisions adopted by the
IATTC. The Secretary of Commerce's authority to promulgate such
regulations has been delegated to NMFS.
IATTC Resolution on IMO Numbers
An International Maritime Organization (IMO) number is a unique
vessel identifier that is permanently associated with the vessel hull,
even if the vessel name or ownership changes or if the vessel is
reflagged to another nation. For those reasons, there is a wide
recognition that IMOs can be useful in helping combat illegal,
unreported, and unregulated (IUU) fishing. The IMO, on December 6,
2017, approved amendments to the IMO Ship Identification Number Scheme
(IMO Resolution A.1117(30)) expanding fishing vessels' eligibility for
IMO numbers. Prior to the amendments, only vessels 100 gross tonnage or
above were eligible. The amendment extends eligibility to motorized
inboard fishing vessels of less than 100 gross tons GT that are at
least 12 meters in length overall and that are authorized to operate
outside waters under the national jurisdiction of the flag State.
The IATTC adopted IMO numbering requirements at its 87th meeting in
July 2014. Resolution C-14-01 (Resolution (amended) on a Regional
Vessel Register) required an IMO number or Lloyd's Register number for
fishing vessels of at least 100 GT or 100 GRT authorized to fish in the
Convention Area. A ``Lloyd's Register number,'' or ``LR number,'' has
the same meaning as an IMO number except that an LR number refers to
the number issued for a vessel not required to have an IMO number under
IMO agreements. The administrator of the IMO ship identification number
scheme issues both types of numbers using the same numbering scheme.
CPCs are required to provide the IATTC Director IMO numbers for vessels
authorized to fish in the Convention Area. NMFS implemented the IMO
numbering requirements under Resolution C-14-01 for vessels equal to or
greater than 100 GT or 100 GRT in a final rule, effective February 13,
2016 (81 FR 1878).
The IATTC adopted at its 93rd meeting in August 2018 Resolution C-
18-06 (Resolution (amended) on a Regional Vessel Register), which
amended Resolution C-14-01. Resolution C-18-06 expands the IMO number
requirement from all fishing vessels of at least 100 GRT or 100 GT to
also include all inboard motorized fishing vessels (except for
recreational fishing vessels) of 12 meters or greater in overall length
(LOA) or registered length, provided that these vessels are authorized
to fish for tuna or tuna-like species on the high seas in the
Convention Area. Resolution C-18-06 is available at http://www.iattc.org/ResolutionsActiveENG.htm.
Previous IATTC Decisions Regarding Capacity in the Purse Seine Fishery
In June 2002, at its 69th meeting, the IATTC adopted Resolution C-
02-03 (Resolution on the Capacity of the Tuna Fleet Operating in the
Eastern Pacific Ocean) to limit fleet capacity to a level that would
ensure sustainable tuna fisheries in the region. Resolution C-02-03
established a total capacity limit of 158,000 cubic meters for all
vessels authorized by the IATTC to fish for tuna species in the EPO.
Each CPC was allocated a vessel capacity limit based on historical
fishing levels in the EPO.
When Resolution C-02-03 was adopted, the United States was
allocated a total of 39,228 cubic meters of capacity in the purse seine
fishery. The Resolution also allowed up to 32 U.S. purse seine vessels
operating under an alternative international fisheries management
regime (e.g., the South Pacific Tuna Treaty) to make a single trip in
the EPO, not to exceed 90 days in length without counting towards the
U.S. available fleet capacity. Due to removal and additions of vessels
from the Vessel Register, the IATTC currently allows the United States
up to 31,866 cubic meters of carrying capacity for its EPO purse seine
fleet, as well as the additional 32 vessel trips.
The United States promulgated regulations for Vessel Register
requirements, including specific regulations for management of the list
of active purse seine vessels. NMFS published a final rule in the
Federal Register (76 FR 283; January 4, 2011) that required that all
purse seine vessels, regardless of size, be on the Vessel Register and
categorized as ``active'' in order to be authorized to fish for tuna in
the Convention Area. The final rule also exempted small purse seine
vessels (i.e., vessel with 362.8 metric tons carrying capacity or less)
from frivolous request provisions for active status at 50 CFR
300.22(b)(4)(ii), based on the difficulty of anticipating whether
unassociated schools of tuna would come within their range off the U.S.
West Coast during a given year. Vessels that do not utilize their
active status to a certain extent are considered to have made a
frivolous request for that year and become lower in the prioritization
of requests for active status for the following year. Following that
final rule, further input from stakeholders and further consideration
of the U.S.-specific regulations
[[Page 15558]]
implementing Vessel Register requirements, NMFS sought additional
public input on the measures.
Advance Notice of Proposed Rulemaking
NMFS published an Advance Notice of Proposed Rulemaking (ANPR) on
March 29, 2018 (83 FR 13466), requesting public comments on the
administrative processes to improve the management of capacity limits
associated with the Vessel Register. The capacity of U.S. purse seine
vessels has approached the U.S. capacity limit in recent years,
resulting in the inability to add vessels to the Vessel Register. In
addition, requests to be added to the Vessel Register have exceeded the
available IATTC-allotted capacity limit for the U.S. Uncertainty and an
increase in the cost of fishing in other areas (e.g., the western
central Pacific Ocean under the South Pacific Tuna Treaty) has led to
an increase in the number of large purse seine vessels (i.e., greater
than 362.8 metric tons (mt) carrying capacity) seeking fishing access
in the Convention Area. Furthermore, since 2014, there has been
increased interest in tuna from small purse seine vessels based on the
U.S. West Coast. NMFS anticipates that these trends are likely to
continue.
NMFS received comments with suggestions for management measures
from three stakeholders representing both small and large U.S. tuna
purse seine vessels that fish in the EPO. Stakeholders submitted
comments related to the fleet capacity limit, inactive status, small
purse seine vessel requirements, vessel replacement process, and more.
In developing this proposed rule, NMFS examined these comments for
their validity under current IATTC resolutions and evaluated the
likelihood of the perceived benefits to the U.S. EPO tuna purse seine
fleet. The resulting actions in this proposed rule are described below.
Actions in This Proposed Rule
IMO Numbers
Per Resolution C-18-06, the proposed rule would require that the
owner of a fishing vessel of the United States engaging in fishing
activities for tuna or tuna-like species in the Convention Area, and
for which a high seas fishing permit under 50 CFR 300.333 is required,
shall ensure that an IMO number has been issued for the vessel if the
vessel's total internal volume is less than 100 GRT or less than 100 GT
but equal to or greater than 12 meters in overall length. Vessel
measurements will be based on the vessel's Certificate of Documentation
issued under 46 CFR part 67, or State documentation. Currently, IMO
numbers are issued on behalf of the IMO by IHS Markit, formerly known
as IHS Maritime, at no cost to the vessel (https://imonumbers.lrfairplay.com/). The current instructions for requesting an
exemption at 50 CFR 300.22(b)(3)(iv) would also apply to the vessels
subject to this proposed IMO number requirement.
Purse Seine Well Volume Capacity Correction
The proposed rule would make a technical correction to the vessel
capacity limit for the U.S. tuna purse seine fishery operating in the
EPO so that the limit would be consistent with the amount authorized by
the IATTC. This would add 91 cubic meters to the current U.S. fleet
capacity limit of 31,775 cubic meters, and bring the limit to 31,866
cubic meters. These additional 91 cubic meters of capacity resulted
from an IATTC revision of our historical capacity calculation.
Inactive Vessels on the Vessel Register
The proposed rule would also update the regulatory text to clarify
that vessels listed as inactive or sunk on the Vessel Register count
towards the United States' 31,866 cubic meter fleet-wide capacity
limit. This is the long-standing practice by the IATTC. Current
regulations at 50 CFR 300.22(b)(4) exclude such vessels from the
allocation of available capacity, due to an administrative error.
Additionally, the proposed rule would set a time limit of two
consecutive calendar years for vessels holding inactive or sunk status,
after which a request by such a vessel to be listed on the Vessel
Register would be subject to the prioritization hierarchy of request
under the current 50 CFR 300.22(b)(4)(i)(C). Therefore, the active
status requests for the following year received between August 1 and
November 30 would be prioritized in the following order: Currently
active, currently inactive, first-come first served, and, lastly, those
who made a frivolous request or were listed as inactive or sunk for
more than two consecutive calendar years. NMFS considers this proposed
revision to be consistent with the intent of the existing inactive
status provision at 50 CFR 300.22(b)(4)(iii) (i.e., to allow for vessel
replacement or repair while not paying a full active vessel assessment
fee), while also preventing an indefinite hold on capacity. NMFS
believes that two years is a sufficient length of time for a vessel to
be repaired or to be replaced, based upon our understanding of the
amount of time necessary to find a shipyard for repairs and for repairs
to be completed, or the amount of time for a replacement vessel to be
purchased and delivered. NMFS welcomes public comment on the
appropriate such length of time.
The proposed rule would also allow for a vessel owner or managing
owner of a purse seine vessel that has sunk but is listed as active on
the Vessel Register to request the vessel be listed as sunk and
categorized as inactive on the Vessel Register within 30 days of its
sinking. Currently, regulations provide that sunken vessels are
immediately removed from the Vessel Register. Under the proposed rule,
if a request is not made to list the vessel as sunk within 30 days of
its sinking, then the vessel may be removed from the Vessel Register by
the NMFS West Coast Regional Administrator.
Frivolous Request Requirements for Small Purse Seiner Vessels
The proposed rule would also treat as frivolous any request by a
small coastal purse seine vessel for active status if that vessel did
not make at least one landing of tuna caught in the Convention Area in
the calendar year prior to the request through November 15 of the year
in which the request is made (i.e., a request made in 2019 to fish in
2020 would require one landing of tuna between January 1, 2018, and
November 15, 2019). If a small purse seine vessel has not landed tuna
caught in the Convention Area within the year before the request was
made and through November 15th of the year the request was made, and
requests active status on the Vessel Register for the following year
(i.e., the third consecutive year of requesting active status), the
request would be considered frivolous and subject to the prioritization
hierarchy of request under 50 CFR 300.22(b)(4)(i)(C).
While there is difficulty in anticipating whether schools of tuna
would come within range of the small purse seine vessels off the U.S.
West Coast during a given year, NMFS is proposing changes to
regulations in this proposed rule to help ensure the inclusion on the
Vessel Register of vessels that are actively fishing and landing tuna.
Since 2011, small purse seine vessels that harvested tuna for more than
one year landed tuna every 1.75 years on average. Thus, the proposed
rule expands on the intent of the existing frivolous request provision,
50 CFR 300.22(b)(4)(ii), by also including small purse seine vessels,
while recognizing the variability in
[[Page 15559]]
harvesting tuna in coastal waters by such vessels. The proposed
frivolous request provision for small purse seine vessels would allow
considerations of force majeure or other extraordinary circumstances
that may have prevented a vessel from making a landing during the two
year time period. Extraordinary circumstances may include lack of tuna
availability or other unique situations as determined by the Regional
Administrator.
Frivolous Request for Large Purse Seine Vessels
Based on a comment received on the ANPR, NMFS considered revising
the existing frivolous request provision for large purse seine vessels
(requiring that large purse seine vessels must catch 20 percent of
their tuna in the EPO during the year in which the request was made at
50 CFR 300.22(b)(4)(ii)) in order to allow for an activity requirement
based on time spent fishing in the EPO. Such an activity requirement
would be in addition to the existing requirement for a 20 percent catch
composition, and would be applied in the event a vessel was not able to
meet this percentage requirement, and despite reasonably attempting to
do so. NMFS declined to further revise the existing frivolous request
provision for large purse seine vessels in this manner, as NMFS
believes an existing exemption to the frivolous request provision
already addresses this type of situation. Specifically, the regulatory
text at 50 CFR 300.22(b)(4)(ii)(B)(1) allows the NMFS West Coast
Regional Administrator to determine whether force majeure or other
extraordinary circumstances apply to a particular request for active
status.
Aging Fleet Provision
NMFS agrees with a comment received on the ANPR that U.S. purse
seine vessels are aging and that there is currently no process to
replace them without risk of losing the aging vessel's status on the
Vessel Register. Thus, the proposed rule would include a new ``aging
fleet'' provision in 50 CFR 300.22(b) to allow for purse seine vessel
owners to replace a purse seine vessel on the Vessel Register with a
new or different purse seine vessel, of equal or lesser carrying
capacity, without losing the vessel's status on the Vessel Register.
The proposed rule would give the vessel owner a period of two years for
replacing the existing vessel with a new vessel or a different used
vessel.
The replacement process under the aging fleet provision would begin
with the vessel owner submitting a request to the NMFS West Coast
Regional Administrator to remove their vessel from the Vessel Register.
When a vessel is removed from the Vessel Register, the NMFS West Coast
Regional Administrator is currently required to send a notification to
the fleet regarding available capacity under 50 CFR 300.22(b)(7)(iii).
The proposed rule would include an exception to this notification
requirement when a vessel has been removed under the proposed aging
fleet provision. Under the proposed aging fleet provision, NMFS would
reserve the capacity on the Vessel Register for a period of up to two
years and the vessel owner must complete the replacement process within
the two-year period in order to resume utilization of the capacity
being held by NMFS. Vessel owners would be authorized to use this
provision only once for a particular purse seine vessel, to prevent
situations where a vessel is passed back and forth between owners who
have no intention of using the capacity and whose actions prevent
others from utilizing that capacity. The proposed rule also would
modify the existing provision on the prioritization of requests to be
listed on the Vessel Register so that vessel owners using the proposed
aging fleet provision will have first priority to active status,
provided that the aging fleet provision replacement process is
completed within the two-year period.
Revisions to Regulations on Bycatch
In June 2006, at its 74th meeting, the IATTC revised Resolution C-
04-05 (Consolidated Resolution on Bycatch (Rev 2)). The resolution
addressed reduction of the incidental mortality of juvenile tuna and
release of non-target species, and called for various sea turtle
protection measures. NMFS implemented Resolution C-04-05 at 50 CFR
300.24 (Prohibitions) and at 50 CFR 300.27 (Incidental Catch and Tuna
Retention Requirements). However, NMFS now believes that certain
provisions are more restrictive for the U.S. industry than what is
required by the resolution, and, therefore, has proposed the revisions
discussed below.
NMFS is proposing to revise the regulatory text at 50 CFR 300.24(f)
and (g) and 300.27(b) to be more consistent with Resolution C-04-05.
For example, in 50 CFR 300.24(f) and 300.27(b), the proposed rule would
amend the release requirements so that they would no longer apply to
tuna-like species. Exempting tuna-like species from the release
requirement would allow purse seine vessels to retain tuna-like
species, such as the Pacific bonito and black skipjack that were
historically targeted, while remaining consistent with the goal of the
Resolution to conserve non-target species. The prohibition on landing
non-tuna species would be removed from 50 CFR 300.24(g) to allow for
the landing of tuna-like species. Purse seine vessels would still be
prohibited from landing non-tuna species, as prohibited in the existing
language of 50 CFR 300.24(g), other than tuna-like species, because the
prohibition on failing to release any non-tuna species would continue
to be found in 50 CFR 300.24(g) and 50 CFR 300.27(b). The continued
requirement to release fish other than tuna, tuna-like species, and
those retained for consumption on board the vessel, is necessary to
comply with the Resolution and to promote the conservation of such
species. Allowing for the retention and landing of tuna-like species
may help offset operational costs, provide flexibility in operations,
and allow the utilization of a resource that would have otherwise been
discarded.
Advance Notice of Vessel Departure
For purposes of facilitating use of the EPO tuna fleet capacity,
the requirement for a 5-day advance notice of vessel departure in order
to allow for placement of an observer under Sec. 216.24(b)(8)(iv)
would be amended. A supplemental notification would require that a
vessel owner or managing owner request placement of a cross-endorsed
observer, pursuant to the Memorandum of Cooperation (MOC) between the
IATTC and the Western and Central Pacific Fisheries Commission (WCPFC),
if the vessel also intends to fish in the WCPFC Convention Area under
50 CFR part 300, subpart O during the same fishing trip. This MOC
facilitates observer placement onboard vessels that fish in the areas
of both conventions during the same trip.
Vessel Assessment Fees, Notifications to NMFS, and Other Housekeeping
Revisions
The proposed rule would amend existing regulatory text to clarify
that vessel owners must coordinate with NMFS to pay the vessel
assessment fee directly to the IATTC, and not to NMFS, as currently
stated in 50 CFR, sections 300.22(b)(4)(i), 300.22(b)(4)(iii),
216.24(b)(6)(iii) and 216.24(b)(8). As established by the IATTC and
implemented in existing regulations, the vessel assessment fee supports
the placement of observers on individual tuna purse seine vessels and
maintenance of the observer program. Additional changes would be made
to the regulatory text, as described below, for clarification purposes
at 50 CFR,
[[Page 15560]]
sections 300.21, 300.22(b)(1), 300.22(b)(4), and 300.22(b)(7).
The proposed rule would amend notification requirements to
facilitate requests for active and inactive status on the Vessel
Register. A business email address would be required to assist in
communications between NMFS and vessel owners. NMFS would not specify
which notification method to use in sending requests for active status
or requests under the aging fleet provision to the NMFS West Coast
Regional Administrator. Written notification requirements not calling
for payment of the vessel assessment fee or not relating to permit
applications would be directed to the Highly Migratory Species (HMS)
Branch of the NMFS West Coast Region to facilitate communication. The
HMS Branch definition in 50 CFR 300.21 would be amended to include the
branch email address, [email protected].
The proposed rule would amend text in 50 CFR 300.22(b)(7) to
clarify that the capacity of inactive vessels is counted towards the
U.S. capacity limit, for reasons explained above. Text in 50 CFR
300.22(b)(1) would also be amended to clarify that the vessel capacity
of a purse seine vessel that is permitted and authorized under an
alternative international tuna purse seine fisheries management regime
in the Pacific Ocean and authorized to exercise an option to fish with
purse seine gear to target tuna in the Convention Area is not counted
towards the U.S. capacity limit. The proposed rule would further
clarify that any vessel exercising this single trip exception must
follow the procedures, where applicable, as described in 50 CFR
300.22(b)(4).
The proposed rule would also remove the phrase ``Eastern Pacific
Fisheries'' in the subheadings of current sections 50 CFR 300.22 and 50
CFR 300.23, because 50 CFR part 300, subpart C, is specific to eastern
Pacific tuna fisheries.
The proposed rule would also reorganize, and make changes to, the
existing text at 50 CFR 300.22(b)(4) and 50 CFR 300.22(b)(7) to
implement changes to the purse seine Vessel Register listing and
procedures for replacing purse seine vessels removed from the Vessel
Register, as described above.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act 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.
This proposed rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA) under control number
0648-0387. A request for revision to account for the additional
information and updated notification requirements that would be
required pursuant to this rule is under OMB review. Public reporting
burden for obtaining an IMO number, for making an IMO exemption
request, for making a sunk status request, and for making an aging
fleet provision request, are each estimated to average 30 minutes per
response. This includes time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Public
reporting burden for requesting utilization of a cross-endorsed
observer is estimated to add two minutes to the vessel departure
notification requirement, which is estimated to average 10 minutes per
response.
NMFS is seeking public comment regarding: Whether the 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. Comments on these
or any other aspects of the collection of information should be sent to
the NMFS West Coast Region Long Beach Office at the addresses above, by
email to [email protected], or by 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
(SBA) 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 previously in the SUPPLEMENTARY INFORMATION section,
the proposed regulations would implement IATTC Resolution C-18-06,
which would establish IMO number requirements, and amend regulations
governing the management of purse seine well capacity and bycatch in
the Convention Area.
The SBA defines a ``small business'' (or ``small entity'') 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; 50 CFR 200.2). 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. The new standard
results in fewer commercial finfish businesses being considered small.
NMFS prepared analyses for this regulatory action in light of the
NMFS size standard for the commercial fishing industry. All of the
entities directly regulated by this regulatory action are commercial
finfish fishing businesses. Using the NMFS size standards, NMFS found
that the action on purse seine Vessel Register and incidental catch
applies to large and small businesses and the action on the IMO number
applies to only small businesses.
There are two components to the U.S. tuna purse seine fishery in
the EPO: (1) Large purse seine vessels with a carrying capacity of more
than 362.8 mt, typically based in the western and central Pacific Ocean
(WCPO) and also in Ecuador; and (2) small purse seine vessels based on
the U.S. West Coast. In addition to the U.S. purse seine fishery, U.S.
tuna longline, troll, and bait boat fisheries exist on the high seas in
the EPO.
As of March 2019, there are 18 U.S. large purse seine vessels on
the Vessel Register, listed as either active or inactive. The number of
large purse seine vessels on the Vessel Register has
[[Page 15561]]
increased substantially in the past five years. This was due in part to
uncertainty regarding fishing access pursuant to the Treaty on
Fisheries between the Governments of Certain Pacific Island States and
the Government of the United States of America (the South Pacific Tuna
Treaty). Negotiations for an amended South Pacific Tuna Treaty were
concluded in 2016. In 2018, sixteen large purse seine vessels went on
38 fishing trips during which some part of the fishing activity
occurred in the EPO. Large purse seine vessels land most of the
yellowfin, skipjack, and bigeye tuna catch in the EPO. Ex-vessel price
information for large purse seine vessels that fished exclusively in
the EPO in 2018 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 ex-vessel price information
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 to
fish commercially for tuna and tuna-like species on the high seas in
the WCPFC Convention Area. As of March 2019, the number of purse seine
vessels with WCPFC Area Endorsements was 33. Neither gross receipts nor
ex-vessel price information specific to individual fishing vessels
fishing in the WCPO and EPO are available to NMFS, so NMFS applied
indicative regional cannery prices of the WCPO--as approximations of
ex-vessel prices--to annual catches of individual vessels to estimate
their annual receipts. Indicative regional cannery prices are available
through 2014 (developed by the Pacific Islands Forum Fisheries Agency;
available at https://www.ffa.int/node/425). NMFS estimated vessels'
annual receipts during 2012 through 2014. Using this approach, NMFS
estimates that among the affected vessels, the range in annual average
receipts per vessel in 2012 through 2014 was $3 million to $20 million
and the median was about $13 million.
Based on the limited financial information available about the
affected fishing fleets, and using individual vessels as proxies for
individual businesses, NMFS believes that about half of the large
vessels in the purse seine fleet are small entities as defined by the
RFA. These vessels are independently owned and operated, 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 about $10.2 million, and the three-year annual averages
were less than the $11 million threshold for 22 vessels in the fleet.
As of March 2019, there are 14 U.S. small purse seine vessels on
the Vessel Register. Between 2016 and 2018, there were 10 U.S. small
purse seine vessels fishing in the EPO for HMS. The average ex-vessel
revenue of HMS since 2016 by those vessels was approximately $482,000.
Based on the financial information about the affected fishing fleets,
and using individual vessels as proxies for individual businesses, NMFS
believes that all of the vessels in the small purse seine fleet are
small entities as defined by the RFA. They are independently owned and
operated, not dominant in their fields of operation, and have annual
receipts of no more than $11 million.
The proposed action would require approximately 155 additional
vessels fishing for tuna on the high seas in the EPO, including
longline, troll, and bait boat vessels, to obtain an IMO number or
request an exemption. The average revenue of vessels from the affected
fleet landing on the West Coast for the three years of 2015-2017 was
approximately $188,000. Using individual vessels as proxies for
individual business, NMFS believes that all of these affected vessels
are small entities as defined by the RFA. Complying with the IMO number
requirement in this proposed action requires no out-of-pocket expenses
because applications are free. The 30 minutes estimated to apply for an
IMO number would not result in a significant opportunity cost to the
fisherman considering it is a one-time occurrence for the life of the
vessel hull. The rule is not expected to change fishery operations.
Accordingly, the impact of this rule on the affected vessel owners' and
operators' income is not expected to be significant.
The proposed regulation would provide a technical correction to the
current regulatory fleet capacity to that which is authorized under the
IATTC. The action would increase the available capacity to the U.S.
purse seine fleet by 91 cubic meters, from 31,755 cubic meters to
31,866 cubic meters. This would allow for increased fishing capacity
and thus, economic benefits.
The proposed amendments providing administrative changes to the
regulations to facilitate notification requirements and processes for
replacing and adding purse seine vessels to the Vessel Register are not
likely to change fishery operations or have any economic impacts.
An aging fleet provision would create a process to allow purse
seine vessel owners to replace aging vessels currently on the Vessel
Register without losing the ability to have the replacement vessel be
placed on the active Vessel Register. This is not likely to change the
fishing practices of vessels. The revision could result in an economic
benefit to vessel owners by allowing for the replacement of a vessel
without the added risk of losing their vessel's active status on the
Vessel Register and, with it, their access to fish and income. Because
NMFS cannot predict the level of use or fleet activity, the
quantitative benefit cannot be estimated.
The proposed rule would also treat as frivolous any request by a
small coastal purse seine vessel for active status if that vessels did
not make at least one landing of tuna caught in the Convention Area in
the calendar year prior to the request through November 15 of the year
in which the request is made (i.e., a request made in 2019 to fish in
2020, would require one landing of tuna between January 1, 2018 and
November 15, 2019). If a small purse seine vessel has not landed tuna
caught in the Convention Area within the year before the request was
made and through November 15th of the year the request was made, and
requests active status on the Vessel Register for the following year
(i.e., the third consecutive year of requesting active status), the
request would be considered frivolous and subject to the hierarchy of
request under 50 CFR 300.22(b)(4)(i)(C). The almost two-year time frame
for making a landing of tuna accounts for flexibility in availability
of fish in the variable coastal environment. A frivolous request
provision for large purse seine vessels already exists; this amendment
would align with the intent of the frivolous request provision while
attempting to fairly apply the provision to purse seine vessels of all
sizes. Since 2011, the average number of days between tuna-related
fishing trips by small purse seine vessels averaged just over one year,
and vessels which fished for more than one year fished for tuna
approximately every 1.75 years. As of September 2018, approximately 8
vessels have not met the requirement for landings over the past two
calendar years. Because these vessels are participating in, and have
access to, other fisheries, this action is not likely to change fleet
behavior and is not likely
[[Page 15562]]
to have a significant economic impact on small purse seine vessels.
The proposed regulations would limit vessels to holding inactive
and sunk status for a period of two consecutive years, after which
their request for inclusion on the Vessel Register would be considered
as a frivolous request in the prioritization of requests. In keeping
with the intent of the frivolous request provisions, the action would
limit vessels from indefinitely holding capacity from vessels
requesting to actively fish in the EPO, while still allowing an
appropriate amount of time for inactive and sunk vessels to be repaired
or replaced. One vessel has been listed as inactive on the Vessel
Register since 2015, occupying 1,523 cubic meters of fishing capacity.
Allowing active vessels to replace inactive and sunk vessels that are
holding capacity would open capacity for use by vessels requesting to
actively fish. This would allow additional vessels to benefit
economically through utilization of the capacity, though it is not
necessarily known that unutilized capacity would be filled.
The provision in this proposed rule to supplement the vessel
departure notification requirement with a statement requesting the use
of a cross-endorsed observer, pursuant to an MOC between the IATTC and
WCPFC, is not expected to impact fisheries operations. The request
would facilitate coordination among the vessels, NMFS, and the IATTC
for placement of observers, and may provide an economic benefit by
reducing delays in vessel operations.
The provision in this proposed rule to revise current provisions on
prohibitions and non-target incidental catch are not likely to
substantially change fishery operations nor substantially increase
economic impacts. Between 1995 and 2004, the year Resolution C-04-05
was adopted, the average annual landings of Pacific bonito and black
skipjack, which are two important non-tuna species, was 138 mt by large
purse seiners and 246 mt by small purse seine vessels.
This proposed rule is not expected to have a significant economic
impact on a substantial number of small entities. The entities for
which this proposed rule would apply are considered large businesses
and small businesses; however, disproportional economic effects are not
expected between small and large businesses.
The proposed actions are not expected to substantially change the
typical fishing practices of affected vessels, or to significantly
affect income of U.S. vessels, and therefore will not have a
significant economic impact on a substantial number of small entities.
As a result, an Initial Regulatory Flexibility Analysis is not required
and was not prepared for this proposed rule.
List of Subjects in 50 CFR Parts 216 and 300
Fish, Fisheries, Fishing, Fishing vessels, Reporting and
recordkeeping requirements.
Dated: April 9, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 216 and 300
are proposed to be amended as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
0
1. The authority citation for part 216 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
0
2. In Sec. 216.24, revise paragraphs (b)(4), (b)(6)(iii)(A) through
(D), (b)(6)(iii)(F), and (b)(8)(iv)(A) to read as follows:
Sec. 216.24 Taking and related acts in commercial fishing operations
including tuna purse seine vessels in the eastern tropical Pacific
Ocean.
* * * * *
(b) * * *
(4) Application for vessel permit. ETP tuna purse seine vessel
permit application forms and instructions for their completion are
available from NMFS. To apply for an ETP vessel permit, a vessel owner
or managing owner must complete, sign, and submit the appropriate form
via fax to (562) 980-4047, for prioritization purposes as described
under Sec. 300.22(b)(4)(v) of this title, allowing at least 15 days
for processing. To request that a vessel in excess of 400 st (362.8 mt)
carrying capacity be categorized as active on the Vessel Register under
Sec. 300.22(b)(4)(ii) of this title in the following calendar year,
the owner or managing owner must submit the vessel permit application
via fax, payment of the vessel permit application fee, and payment of
the vessel assessment fee no later than September 15 for vessels for
which a DML is requested for the following year, and no later than
November 30 for vessels for which a DML is not requested for the
following year.
* * * * *
(6) * * *
(iii) * * *
(A) The owner or managing owner of a purse seine vessel for which a
DML has been requested must submit the vessel assessment fee to the
IATTC, no later than September 15 of the year prior to the calendar
year for which the DML is requested. Payment of the vessel assessment
fee must be consistent with the fee for active status on the Vessel
Register under Sec. 300.22(b)(4) of this title.
(B) The owner or managing owner of a purse seine vessel for which
active or inactive status on the Vessel Register, as defined in Sec.
300.21 of this title, has been requested, but for which a DML has not
been requested, must submit payment of the vessel assessment fee to the
IATTC, no later than November 30 of the year prior to the calendar year
in which the vessel will be listed on the Vessel Register. Payment of
the vessel assessment fee is required only if the vessel is listed as
active and is required to carry an observer, or if the vessel is listed
as inactive and exceeds 400 st (362.8 mt) in carrying capacity. Payment
of the vessel assessment fee must be consistent with the vessel's
status, either active or inactive, on the Vessel Register in Sec.
300.22(b)(4) of this title.
(C) The owner or managing owner of a purse seine vessel that is
permitted and authorized under an alternative international tuna purse
seine fisheries management regime in the Pacific Ocean must submit the
vessel assessment fee to the IATTC, prior to obtaining an observer and
entering the ETP to fish. Consistent with Sec. 300.22(b)(1) of this
title, this class of purse seine vessels is not required to be listed
on the Vessel Register under Sec. 300.22(b)(4) of this title in order
to purse seine for tuna in the ETP during a single fishing trip per
calendar year of 90 days or less. Payment of the vessel assessment fee
must be consistent with the fee for active status on the Vessel
Register under Sec. 300.22(b)(4)(ii) of this title.
(D) The owner or managing owner of a purse seine vessel listed as
inactive on the Vessel Register at the beginning of the calendar year
and who requests active status on the Vessel Register under Sec.
300.22(b)(4) of this title during the year, must pay the vessel
assessment fee associated with active status, less the vessel
assessment fee associated with inactive status that was already paid,
before NMFS will request the IATTC Director change the status of the
vessel from inactive to active. Payment of the vessel assessment fee is
required only if the vessel is required to carry an observer.
* * * * *
[[Page 15563]]
(F) Payments will be subject to a 10 percent surcharge if received
under paragraph (b)(6)(iii)(E) of this section for vessels that were
listed as active on the Vessel Register in the calendar year prior to
the year for which active status was requested; or if received after
the dates specified in paragraphs (b)(6)(iii)(A) or (b)(6)(iii)(B) of
this section for vessels for which active status is requested if the
vessel was listed as active during the year the request was made.
Payments will not be subject to a 10 percent surcharge if received
under paragraph (b)(6)(iii)(C) or (b)(6)(iii)(D) of this section, or if
received under paragraph (b)(6)(iii)(E) of this section for vessels
that were not listed as active on the Vessel Register in the calendar
year prior to the year for which active status was requested. Payments
will also not be subject to a 10 percent surcharge if received after
the date specified in paragraph (b)(6)(iii)(B) of this section for
vessels for which inactive status is requested, or for vessels for
which active status is requested if the vessel was not listed as active
during the year the request was made. Payment of all vessel assessment
fees described in this section must be made to the IATTC.
* * * * *
(8) * * *
(iv) * * *
(A) The vessel permit holder of each permitted vessel must notify
the Administrator, West Coast Region, or the IATTC contact designated
by the Administrator, West Coast Region, at least 5 days in advance of
the vessel's departure on a fishing trip to allow for observer
placement on every trip. If the vessel permit holder would like to use
an IATTC and Western and Central Pacific Fisheries Commission (WCPFC)
cross-endorsed observer when fishing in the IATTC Convention Area, the
notification must also include a request for the placement of a cross-
endorsed observer pursuant to the Memorandum of Cooperation between the
IATTC and WCPFC.
* * * * *
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Eastern Pacific Tuna Fisheries
0
1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
0
2. In Sec. 300.21, revise the definitions for ``Highly Migratory
Species (HMS) Branch'' and ``Tuna'' to read as follows:
Sec. 300.21 Definitions.
* * * * *
Highly Migratory Species (HMS) Branch means the Chief of the HMS
Branch of the Sustainable Fisheries Division, National Marine Fisheries
Service West Coast Region, Suite 4200, 501 W. Ocean Blvd., Long Beach,
CA 90802, and [email protected].
* * * * *
Tuna means any fish of the genus Thunnus and the species Katsuwonus
pelamis.
* * * * *
0
3. In Sec. 300.22, revise the heading and paragraphs (b)(1), (b)(2),
(b)(3)(iii) through (v), (b)(4), (b)(5), (b)(7), and (b)(8), and add
paragraph (b)(9) to read as follows:
Sec. 300.22 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) Exception. Once per year, a vessel that is permitted and
authorized under an alternative international tuna purse seine
fisheries management regime in the Pacific Ocean may exercise an option
to fish with purse seine gear to target tuna in the Convention Area
without the vessel's capacity counted towards the cumulative carrying
capacity described under paragraph (b)(4)(i)(A) of this section. This
exception is for a single fishing trip that does not exceed 90 days in
duration. At any time during the calendar year, a vessel exercising
this exception shall follow the procedures, where applicable, described
in paragraphs (b)(4) of this section. No more than 32 of such trips are
allowed each calendar year. After the commencement of the 32nd such
trip, the Regional Administrator shall announce, in the Federal
Register and by other appropriate means, that no more such trips are
allowed for the remainder of the calendar year. Under Sec.
[thinsp]216.24(b)(6)(iii)(C) of this title, vessel assessment fees must
be paid for vessels exercising this option.
(2) Requirements for inclusion of purse seine vessels on the Vessel
Register. The tuna purse seine portion of the Vessel Register shall
include, consistent with resolutions of the IATTC, only vessels that
fished in the Convention Area prior to June 28, 2002. Inclusion on the
tuna purse seine portion of the Vessel Register is valid through
December 31 of each year. New tuna purse seine vessels may be added to
the Vessel Register at any time to replace those previously removed by
the Regional Administrator, provided that the total capacity of the
replacement vessel or vessels does not exceed that of the tuna purse
seine vessel or vessels being replaced.
(3) * * *
(iii) Requirements for IMO numbers. The owner of a fishing vessel
of the United States used for commercial fishing for tuna and tuna-like
species in the IATTC Convention Area shall ensure that an IMO number
has been issued for the vessel if the vessel's Certificate of
Documentation issued under 46 CFR part 67 indicates that the vessel's
total internal volume is 100 gross register tons or greater or 100
gross tonnage or greater. In addition, the owner of a fishing vessel of
the United States engaging in fishing activities for tuna or tuna-like
species in the IATTC Convention Area, and for which a high seas fishing
permit under Sec. 300.333 is required, shall ensure that an IMO number
has been issued for the vessel if the vessel's total internal volume is
less than 100 gross register tons or less than 100 gross tonnage, but
equal to or greater than 12 meters in overall length, as indicated in
the vessel's Certificate of Documentation issued under 46 CFR part 67
or State documentation. A vessel owner may request that an IMO number
be issued for a vessel by following the instructions given by the
administrator of the IMO ship identification number scheme; those
instructions are currently available on the website of IHS Markit,
https://imonumbers.lrfairplay.com/.
(iv) Request for exemption. In the event that a fishing vessel
owner, after following the instructions given by the designated manager
of the IMO ship identification number scheme, is unable to ensure that
an IMO number is issued for the fishing vessel, the fishing vessel
owner may request an exemption from the requirement from the Regional
Administrator. The request must be sent by mail to NMFS HMS Branch,
West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802,
or by email to [email protected], and must include the vessel's name,
the vessel's official number, a description of the steps taken to
request an IMO number, and a description of any responses from the
administrator of the IMO ship identification number scheme.
(v) Exemption process. Upon receipt of a request for an exemption
under paragraph (b)(3)(iv) of this section, the Regional Administrator
will, to the extent he or she determines appropriate, assist the
fishing vessel owner in requesting an IMO number. If the Regional
Administrator determines that the fishing vessel owner has followed all
appropriate procedures and yet is unable to obtain an IMO number for
the fishing vessel, he or she will issue an
[[Page 15564]]
exemption from the requirements of paragraph (b)(3)(iii) of this
section for the vessel and its owner and notify the owner of the
exemption. The Regional Administrator may limit the duration of the
exemption. The Regional Administrator may rescind an exemption at any
time. If an exemption is rescinded, the fishing vessel owner must
comply with the requirements of paragraph (b)(3)(iii) of this section
within 30 days of being notified of the rescission. If the ownership of
a fishing vessel changes, an exemption issued to the former fishing
vessel owner becomes void.
(4) Purse seine Vessel Register listing. For a tuna purse seine
vessel to be listed on the Vessel Register and to be categorized as
either ``active'' or ``inactive'' in the following calendar year, the
vessel owner or managing owner must submit to the Regional
Administrator the required permit applications, written notifications,
and fees as described under Sec. [thinsp]216.24(b) of this title and
under paragraphs (b)(4)(ii) and (b)(4)(iii) of this section as well as
payment of the vessel assessment fee, where applicable, to the IATTC.
(i) Restrictions. The following restrictions apply:
(A) The cumulative carrying capacity of all tuna purse seine
vessels on the Vessel Register may not exceed 31,866 cubic meters in a
given year; and
(B) A purse seine vessel in excess of 400 st (362.8 mt) carrying
capacity may not be added to active status on the Vessel Register
unless the captain of the vessel has obtained a valid operator permit
under Sec. [thinsp]216.24(b)(2) of this title.
(ii) Active status. As early as August 1 of each year, vessel
owners or managing owners may request that a purse seine vessel
qualified to be listed on the Vessel Register under paragraph (b)(2) of
this section be categorized as active for the following calendar year.
To request a purse seine vessel in excess of 400 st (362.8 mt) carrying
capacity be listed on the Vessel Register and be categorized as active,
the vessel owner or managing owner must submit to the Regional
Administrator the vessel permit application and payment of the permit
application fee and submit to the IATTC payment of the vessel
assessment fee.
(A) To request a purse seine vessel of 400 st (362.8 mt) carrying
capacity or less be listed on the Vessel Register and be categorized as
active, the vessel owner or managing owner must submit to the HMS
Branch written notification including, but not limited to, a vessel
photograph, the vessel information as described under paragraph (b)(3)
of this section, and the owner or managing owner's signature, business
email address, and business telephone and fax numbers. If a purse seine
vessel of 400 st (362.8 mt) carrying capacity or less is required by
the Agreement on the IDCP to carry an observer, the vessel owner or
managing owner must also submit payment of the vessel assessment fee to
the IATTC.
(B) The Regional Administrator must receive the vessel permit
application or written notification and payment of the permit
application fee and payment confirmation of the vessel assessment fee
no later than September 15 for vessels for which a DML was requested
for the following year and no later than November 30 for vessels for
which a DML was not requested for the following year. Submission of the
vessel permit application or written notification and payment of the
vessel assessment fee and permit application fee will be interpreted by
the Regional Administrator as a request for a vessel to be categorized
as active.
(iii) Inactive status. (A) From August 1 through November 30 of
each year, vessel owners or managing owners may request that purse
seine vessels qualified to be listed on the Vessel Register under
paragraph (b)(2) of this section be categorized as inactive for the
following calendar year. To request a purse seine vessel in excess of
400 st (362.8 mt) carrying capacity be listed on the Vessel Register
and categorized as inactive for the following calendar year, the vessel
owner or managing owner must submit to the IATTC payment of the
associated vessel assessment fee. Payment of the vessel assessment fee
consistent with inactive status will be interpreted by the Regional
Administrator as a request for the vessel to be categorized as
inactive.
(B) To request a tuna purse seine vessel of 400 st (362.8 mt)
carrying capacity or less be listed on the Vessel Register and
categorized as inactive for the following calendar year, the vessel
owner or managing owner must submit to the HMS Branch a written
notification including, but not limited to, the vessel name and
registration number and the vessel owner or managing owner's name,
signature, business address, business email address, and business
telephone and fax numbers. Payment of the vessel assessment fee is not
required for vessels of 400 st (362.8 mt) carrying capacity or less to
be categorized as inactive.
(C) At any time during the year, a vessel owner or managing owner
may request that a tuna purse seine vessel qualified to be listed on
the Vessel Register under paragraph (b)(2) of this section be
categorized as inactive for the remainder of the calendar year,
provided the cumulative carrying capacity described in (b)(4)(i)(A) of
this section is not exceeded. To request a purse seine vessel in excess
of 400 st (362.8 mt) carrying capacity be listed on the Vessel Register
and categorized as inactive for the remainder of the calendar year, the
vessel owner or managing owner must submit to the IATTC payment of the
associated vessel assessment fee. To request a tuna purse seine vessel
of 400 st (362.8 mt) carrying capacity or less be listed on the Vessel
Register and categorized as inactive for the remainder of the calendar
year, the vessel owner or managing owner must submit to the HMS Branch
written notification as described in (b)(4)(iii)(A). Payment of the
vessel assessment fee is not required for such vessels.
(D) The vessel owner or managing owner of a purse seine vessel
listed as active on the Vessel Register that has sunk may request the
vessel be listed as sunk and categorized as inactive on the Vessel
Register. To request the vessel be listed as sunk and categorized as
inactive on the Vessel Register, the vessel owner or managing owner
must submit to the HMS Branch written notification within 30 days of
the vessel's sinking. Written notification shall include, but is not
limited to, the vessel name, date of sinking, registration number, the
vessel owner or managing owner's name, signature, business address,
business email address, and business telephone and fax numbers. For
subsequent calendar years, vessel assessment fee payment shall be made
as described in paragraph (b)(4)(iii) of this section.
(E) A vessel listed as inactive or sunk on the Vessel Register for
more than two consecutive calendar years after [effective date of final
rule publication] requesting active status will be prioritized
according to the hierarchy under paragraph (b)(4)(v) of this section. A
vessel listed as inactive or sunk on the Vessel Register for more than
two consecutive calendar years after [effective date of final rule
publication] will be removed from the Vessel Register as described in
paragraph (b)(5)(ix) of this section.
(iv) Frivolous requests. (A) Except as described under paragraph
(b)(4)(iv)(B) of this section, requests for active status under
paragraph (b)(4)(ii) of this section will be considered frivolous if,
for a vessel categorized as active on the Vessel Register in a given
calendar year:
(1) Less than 20 percent of the vessel's total landings, by weight,
in that same year is comprised of tuna harvested by purse seine in the
Convention Area; or
[[Page 15565]]
(2) The vessel did not fish for tuna at all in the Convention Area
in that same year.
(B) Exceptions. Requests described under paragraph (b)(4)(iv)(A) of
this section will not be considered frivolous requests if:
(1) The vessel's catch pattern fell within the criteria described
in paragraph (b)(4)(iv)(A) of this section as a result of force majeure
or other extraordinary circumstances as determined by the Regional
Administrator; or
(2) The vessel's carrying capacity is 400 st (362.8 mt) or less and
there was at least one documented landing of tuna caught by the vessel
in the Convention Area in the calendar year prior to the year in which
the request is made and through November 15 of the year of the request,
unless the vessel was not able to make a landing as a result of force
majeure or other extraordinary circumstances as determined by the
Regional Administrator.
(3) The vessel was listed as inactive before [effective date of
final rule publication] and has not been listed as inactive for more
than two consecutive calendar years since [effective date of final rule
publication].
(v) Listing hierarchy. Requests for active status and inactive
status will be prioritized according to the following hierarchy:
(A) Requests received for replacement vessels of those removed from
the Vessel Register under the request described in (b)(9) of this
section;
(B) Requests received for vessels that were categorized as active
in the previous year, unless the request was determined to be frivolous
by the Regional Administrator under paragraph (b)(4)(ii) of this
section;
(C) Requests received for vessels that were categorized as inactive
under paragraph (b)(4)(iii) of this section in the previous year,
unless that vessel has been listed as inactive or sunk under paragraph
(b)(4)(iii) for more than two consecutive calendar years after
[effective date of final rule publication];
(D) Requests for vessels not described in paragraphs (b)(4)(v)(A)
through (C) of this section will be prioritized on a first-come, first-
served basis according to the date and time of receipt, provided that
the associated vessel assessment fee is paid by the applicable deadline
described in Sec. [thinsp]216.24(b)(6)(iii) of this title; and
(E) Requests received from owners or managing owners of vessels
that were determined by the Regional Administrator to have made a
frivolous request for active status under paragraph (b)(4)(iv) of this
section or that have been listed as inactive or sunk as described in
paragraph (b)(4)(iii) of this section for more than two consecutive
calendar years after [effective date of final rule publication].
(5) Removal from the Vessel Register. A vessel may be removed from
the Vessel Register by the Regional Administrator:
(i) If the vessel has sunk, and the vessel owner or managing owner
has not submitted written notification as described in paragraph
(b)(4)(iii)(C) of this section;
(ii) Upon written request by the vessel's owner or managing owner;
(iii) Following a final agency action on a permit sanction for a
violation; and
(iv) For failure to pay a penalty or for default on a penalty
payment agreement resulting from a final agency action for a violation.
(v) If the U.S. Maritime Administration or the U.S. Coast Guard
notifies NMFS that:
(A) The owner has submitted an application for transfer of the
vessel to foreign registry and flag; or
(B) The documentation for the vessel will be or has been deleted
for any reason.
(vi) If the vessel does not have a valid state registration or U.S.
Coast Guard certificate of documentation;
(vii) For tuna purse seine vessels, upon receipt of written
notification from the owner or managing owner of the intent to transfer
the vessel to foreign registry and flag, as described in paragraph
(b)(8) of this section; or
(viii) For tuna purse seine vessels, if the request for active
status on the Vessel Register has been determined to be a frivolous
request; or
(ix) If the vessel has been listed as inactive or sunk on the
Vessel Register for more than two consecutive calendar years after
[effective date of final rule publication].
(6) * * *
(7) Procedures for replacing purse seine vessels removed from the
Vessel Register. (i) A purse seine vessel that was previously listed on
the Vessel Register, but not included for a given year or years, may be
added back to the Vessel Register and categorized as inactive at any
time during the year, provided the cumulative carrying capacity
described in (b)(4)(i)(A) of this section is not exceeded. The owner or
managing owner of a purse seine vessel of more than 400 st (362.8 mt)
carrying capacity must pay the vessel assessment fee associated with
inactive status. The owner or managing owner of a purse seine vessel of
400 st (362.8 mt) carrying capacity or less must submit written
notification as described in paragraph (b)(4)(iii) of this section.
(ii) A purse seine vessel may be added to the Vessel Register and
categorized as active in order to replace a vessel or vessels removed
from active status under paragraph (b)(5) of this section, provided the
total carrying capacity described in (b)(4)(i)(A) of this section is
not exceeded and the owner submits a complete request under paragraph
(b)(7)(iv) or (b)(7)(v) of this section.
(iii) Notification of available capacity. (A) After a purse seine
vessel categorized as active or inactive is removed from the Vessel
Register, the Regional Administrator will notify owners or managing
owners of vessels eligible for, but not included on, the Vessel
Register that replacement capacity is available on the active or
inactive list of the Vessel Register.
(B) Exception. When a purse seine vessel categorized as active or
inactive on the Vessel Register has been removed from the Vessel
Register under the procedures described in (b)(9) of this section, the
Regional Administrator will not make available the capacity of the
vessel removed from the Vessel Register, and will reserve that capacity
for a replacement vessel for a period of two years. The replacement
vessel will be eligible to be listed as active on the Vessel Register
if it has a carrying capacity equal to or less than the vessel being
replaced.
(iv) Vessel owners or managing owners may request a purse seine
vessel of 400 st (362.8 mt) carrying capacity or less be categorized as
active to replace a vessel or vessels removed from the Vessel Register
by submitting to the HMS Branch written notification as described in
paragraph (b)(4)(ii) of this section and, only if the vessel is
required by the Agreement on the IDCP to carry an observer, payment of
the vessel assessment fee to the IATTC within 10 business days after
submission of the written notification. The replacement vessel will be
eligible to be categorized as active on the Vessel Register if it has a
carrying capacity equal to or less than the vessel or vessels being
replaced. Payments received will be subject to a 10 percent surcharge
for vessels that were listed as active on the Vessel Register in the
previous calendar year, but not listed as inactive at the beginning of
the calendar year for which active status was requested.
(v) Vessel owners or managing owners may request a purse seine
vessel in excess of 400 st (362.8 mt) carrying capacity be categorized
as active to replace a vessel or vessels removed from the Vessel
Register by submitting to the
[[Page 15566]]
Regional Administrator the vessel permit application as described under
Sec. [thinsp]216.24(b) of this title and payment of the vessel
assessment fee to the IATTC and payment of the permit application fee
to the Regional Administrator within 10 business days after submission
of the vessel permit application for the replacement vessel. The
replacement vessel will be eligible to be categorized as active on the
Vessel Register if it has a carrying capacity equal to or less than the
vessel or vessels being replaced, and the captain of the replacement
vessel possesses an operator permit under Sec. [thinsp]216.24(b) of
this title. Payments received will be subject to a 10 percent surcharge
for vessels that were listed as active on the Vessel Register in the
previous calendar year, but not listed as inactive at the beginning of
the calendar year for which active status was requested.
(vi) The Regional Administrator will forward requests to replace
vessels removed from the Vessel Register within 15 days of receiving
each request.
(8) The owner or managing owner of a purse seine vessel listed on
the Vessel Register must provide written notification to the Regional
Administrator prior to submitting an application for transfer of the
vessel to foreign registry and flag. Written notification must be
submitted to the Regional Administrator at least 10 business days prior
to submission of the application for transfer. The written notification
must include the vessel name and registration number; the expected date
that the application for transfer will be submitted; and the vessel
owner or managing owner's name and signature. Vessels that require
approval by the U.S. Maritime Administration prior to transfer of the
vessel to foreign registry and flag will not be subject to the
notification requirement described in this paragraph.
(9) Aging fleet provision. (i) The vessel owner or managing owner
of a purse seine vessel listed as active or inactive on the Vessel
Register may request to replace the current vessel with a new or used
vessel without losing the vessel's placement in the hierarchy of
requests for active status as described in paragraph (b)(4)(v) of this
section. The replacement vessel will be eligible to be listed as active
on the Vessel Register if it has a carrying capacity equal to or less
than the vessel being replaced. This provision may be used only once
per vessel by the vessel owner or managing owner.
(ii) A request made under this provision may include a request to
remove the vessel from the Vessel Register. The Regional Administrator
will ensure the capacity for the replacement vessel is available for up
to 2 years from the date of notification described in paragraph
(b)(9)(iv) of this section.
(iii) To request a vessel be replaced under this provision, the
vessel owner or managing owner must submit to the HMS Branch written
notification including, but not limited to, the vessel name and
registration number, the vessel owner or managing owner's name,
signature, business address, business email address, and business
telephone and fax numbers, and the expected month and year the
replacement vessel will be ready to fish in the Convention Area.
(iv) Within 30 days of receiving each request described in
(b)(9)(i) of this section, the Regional Administrator shall notify the
vessel owner or managing owner in writing whether the request has been
accepted or denied, and the reasons therefore.
0
4. In Sec. 300.23, revise the section heading to read as follows:
Sec. 300.23 Persons and vessels exempted.
0
5. In Sec. 300.24, revise paragraph (f) and remove and reserve
paragraph (g) to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(f) When using purse seine gear to fish for tuna in the Convention
Area, fail to release any fish species (excluding mobulid rays, tuna,
tuna-like species, and those being retained for consumption aboard the
vessel) as soon as practicable after being identified on board the
vessel during the brailing operation as required in Sec. 300.27(b).
* * * * *
0
6. In Sec. 300.27, revise paragraph (b) to read as follows:
Sec. 300.27 Incidental catch and tuna retention requirements.
* * * * *
(b) Release requirements for fish species on purse seine vessels.
All purse seine vessels must release, as soon as practicable after
being identified on board the vessel during the brailing operation, all
billfish, rays (not including mobulid rays, which are subject to
paragraph (i) of this section), dorado (Coryphaena hippurus), and other
fish species except tuna, tuna-like species and those being retained
for consumption aboard the vessel. Sharks caught in the IATTC
Convention Area and that are not retained for consumption aboard the
vessel must be released according to the requirements in paragraph (k)
of this section. Tuna caught in the IATTC Convention Area are subject
to the retention requirements in paragraph (a) of this section.
* * * * *
[FR Doc. 2019-07300 Filed 4-15-19; 8:45 am]
BILLING CODE 3510-22-P