[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Proposed Rules]
[Pages 66513-66519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23162]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 201013-0269]
RIN 0648-BG66


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Requirements to Safeguard Fishery 
Observers

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would establish requirements to safeguard 
fishery observers and would establish prior notification procedures for 
observer placement. NMFS seeks comments on this proposed rule issued 
under authority of the Western and Central Pacific Fisheries Convention 
Implementation Act (WCPFC Implementation Act). This action is necessary 
to satisfy the obligations of the United States under the Convention on 
the Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Convention), to which it is a 
Contracting Party.

DATES: Comments on the proposed rule must be submitted in writing by 
November 19, 2020.

ADDRESSES: You may submit comments on the proposed rule and the 
regulatory impact review (RIR) prepared for the proposed rule, 
identified by NOAA-NMFS-2020-0125, by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0125,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
- OR -

     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
might not be considered by NMFS. 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 and address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    An initial regulatory flexibility analysis (IRFA) prepared under 
authority of the Regulatory Flexibility Act is included in the 
Classification section of the SUPPLEMENTARY INFORMATION section of this 
document.
    Copies of the RIR are available at www.regulations.gov or may be 
obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO 
(see address above).

FOR FURTHER INFORMATION CONTACT: Valerie Post, NMFS PIRO, 808-725-5034.

SUPPLEMENTARY INFORMATION:

Background on the Convention

    The Convention focuses on the conservation and management of 
fisheries for highly migratory species (HMS). The objective of the 
Convention is to ensure, through effective management, the long-term 
conservation and sustainable use of HMS in the WCPO. To accomplish this 
objective, the Convention established the Commission on the 
Conservation of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean

[[Page 66514]]

(WCPFC or Commission), which includes Members, Cooperating Non-members, 
and Participating Territories (collectively referred to here as 
``members''). The United States of America is a Member. American Samoa, 
Guam, and the Commonwealth of the Northern Mariana Islands (CNMI) are 
Participating Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States implements conservation and management 
measures and other decisions adopted by the Commission. The WCPFC 
Implementation Act (16 U.S.C. 6901 et seq.), authorizes the Secretary 
of Commerce, in consultation with the Secretary of State and the 
Secretary of the Department in which the United States Coast Guard is 
operating (currently the Department of Homeland Security), to 
promulgate such regulations as may be necessary to carry out the 
obligations of the United States under the Convention, including the 
decisions of the Commission. The WCPFC Implementation Act further 
provides that the Secretary of Commerce shall ensure consistency, to 
the extent practicable, of fishery management programs administered 
under the WCPFC Implementation Act and the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA; 16 U.S.C. 1801 et seq.), as well 
as other specific laws (see 16 U.S.C. 6905(b)). The Secretary of 
Commerce has delegated the authority to promulgate regulations under 
the WCPFC Implementation Act to NMFS. A map showing the boundaries of 
the area of application of the Convention (Convention Area), which 
comprises the majority of the WCPO, can be found on the WCPFC website 
at: www.wcpfc.int/doc/convention-area-map.

Background on Conservation and Management Measure (CMM) 2017-03

    CMM 2017-03, ``Conservation and Management Measure for WCPFC 
Regional Programme Observers,'' was adopted by the Commission to 
strengthen protections for observers on fishing trips operating under 
the WCPFC Regional Observer Programme (ROP). This proposed rule would 
implement provisions of CMM 2017-03. The CMM includes provisions that 
detail responsibilities for vessel owners and operators, 
responsibilities for WCPFC members to which fishing vessels are 
flagged, responsibilities for members that have jurisdiction over 
ports, and responsibilities for observer providers. These provisions 
include (1) provisions for when a WCPFC observer \1\ dies, is missing 
or presumed to have fallen overboard; (2) provisions for when a WCPFC 
observer suffers from a serious illness or injury that threatens his or 
her health or safety; and (3) provisions for when there are reasonable 
grounds to believe a WCPFC observer has been assaulted, intimidated, 
threatened or harassed.
---------------------------------------------------------------------------

    \1\ A WCPFC observer is a person authorized by the Commission in 
accordance with any procedures established by the Commission to 
undertake vessel observer duties as part of the Commission's ROP, 
including an observer deployed as part of a NMFS-administered 
observer program or as part of another national or sub-regional 
observer program, provided that such program is authorized by the 
Commission to be part of the Commission's ROP (see 50 CFR 300.211).
---------------------------------------------------------------------------

    In the event that a WCPFC observer on a fishing vessel of the 
United States dies, is missing or presumed fallen overboard, CMM 2017-
03 contains a number of requirements for an owner and operator of the 
fishing vessel to follow including: (1) Immediately cease all fishing 
operations; (2) immediately commence search and rescue if the observer 
is missing or presumed fallen overboard; (3) immediately notify the 
flag state of the vessel; (4) immediately alert other vessels in the 
vicinity by using all available means of communication; (5) cooperate 
fully in any search and rescue operation; (6) return the vessel for 
further investigation to the nearest port whether the search is 
successful or not; (7) provide a report to the observer provider; (8) 
cooperate fully in any official investigations; and (9) ensure the body 
is well preserved if an observer dies.
    In the event that a WCPFC observer on a fishing vessel of the 
United States suffers from a serious illness or injury that threatens 
his or her health or safety, CMM 2017-03 contains a number of 
requirements for an owner or operator to follow including: (1) 
Immediately cease all fishing operations; (2) immediately notify the 
flag state of the vessel; (3) take all reasonable actions to care for 
the observer and provide any medical treatment available and possible 
on board the vessel; (4) facilitate the disembarkation of the observer; 
and (5) cooperate fully in any investigations into the cause of illness 
or injury.
    In the event that there are reasonable grounds to believe a WCPFC 
observer on a fishing vessel of the United States has been assaulted, 
intimidated, threatened, or harassed, CMM 2017-03 contains a number of 
requirements for an owner and operator of the fishing vessel to follow 
including: (1) Immediately take action to preserve the safety of the 
observer and mitigate and resolve the situation on board; (2) notify 
the flag state of the vessel and observer provider; (3) facilitate the 
safe disembarkation where requested; and (4) cooperate fully into any 
investigations into the incident.
    As stated above, CMM 2017-03 applies to WCPFC observers on fishing 
trips operating under the WCPFC ROP. Paragraph 2 of the CMM also notes 
that the measure shall not prejudice the rights of members to enforce 
their laws with respect to the safety of observers consistent with 
international law.
    Under CMM 2017-03, members are to require vessel owners and 
operators to take specific actions in the event of death, injury, 
serious illness, or harassment of a WCPFC observer, or when a WCPFC 
observer is missing or presumed fallen overboard. The requirements 
relate to vessel operations, notifications to the U.S. government, 
search and rescue procedures, and investigations. Some of the U.S. 
obligations are satisfied by existing regulations. Specifically, the 
United States already requires U.S. vessel owners or operators to 
notify the U.S. Coast Guard for marine casualties, including the death, 
loss, or serious injury of an observer. The regulations set forth at at 
46 CFR 4 specify requirements for notifications, reporting, and 
investigations of marine casualties. Because these regulations already 
satisfy the provisions of CMM 2017-03 for cases of death, or serious 
injury of an observer, or when an observer is missing or presumed 
fallen overboard, NMFS would not promulgate additional regulations for 
these instances. Serious injury is defined at 46 CFR 4.05-1 (6) as an 
injury that requires professional medical treatment (treatment beyond 
first aid).
    This proposed rule would implement the provisions of CMM 2017-03 
for cases of serious illness, assault, intimidation, threats, 
interference, or harassment of a WCPFC observer.

Background on the Observer Notification Scheme

    The proposed rule would also implement specific prior notification 
procedures related to WCPFC observers that vessel owners and operators 
of U.S. vessels fishing for HMS in the Convention Area would need to 
follow.
    Currently, U.S. commercial vessels fishing for HMS in the 
Convention Area provide prior notification only to obtain WCPFC 
observers for fishing trips when transshipments will be conducted at 
sea in the Convention Area (see 50 CFR 300.215(b)). Notifications must 
be provided at least 72 hours (exclusive of weekends and Federal 
holidays) before

[[Page 66515]]

the vessel leaves port on the fishing trip and must include specific 
information. This requirement does not apply to U.S. purse seine 
vessels; U.S. purse seine vessels are prohibited from conducting at-sea 
transshipments (see 50 CFR 300.216(b)). However, U.S. purse seine 
vessels are required to carry WCPFC observers on all fishing trips 
within the Convention Area, unless the fishing trip takes place 
exclusively in the jurisdiction of a single nation other than the 
United States or unless no fishing occurs between 20[deg] N latitude 
and 20[deg] S latitude (50 CFR 300.223(e)).
    Pursuant to the South Pacific Tuna Treaty (SPTT) and through a 
separate contractual agreement between the American Tunaboat 
Association and the Pacific Islands Forum Fisheries Agency (FFA), U.S. 
purse seine vessels carry observers deployed by the FFA Observer 
Program. FFA observers are authorized WCPFC observers, are nationals of 
Pacific island countries, and are at present the only observers placed 
on U.S. purse seine vessels operating in the Convention Area. 
Currently, NMFS coordinates with FFA and places WCPFC observers on U.S. 
purse seine vessels departing from American Samoa. NMFS also collects 
information required for nominating WCPFC and Inter-American Tropical 
Tuna Commission (IATTC) cross-endorsed observers \2\ for U.S. purse 
seine vessels intending to operate in both RFMOs on a single trip.
---------------------------------------------------------------------------

    \2\ A cross-endorsed observer is an observer that is ``cross-
endorsed'' pursuant to a Memorandum of Cooperation between the WCPFC 
and the IATTC that specifies a process to allow the observer to meet 
the observer requirements of both organizations.
---------------------------------------------------------------------------

    After reviewing the current administrative process regarding FFA 
observer placements on U.S. purse seine vessels under the WCPFC and 
SPTT, NMFS believes that prior notification by U.S. purse seine vessel 
owners and operators of their request for a WCPFC observer is needed to 
facilitate observer placement for trips departing from American Samoa. 
NMFS believes that a request for a WCPFC observer, including cross-
endorsed observers, for a U.S. purse seine vessel departing from 
American Samoa should provide sufficient time for NMFS to complete the 
necessary administrative tasks, including coordinating international 
logistics for FFA observers traveling from other Pacific islands to 
American Samoa. NMFS proposes such observer requests be made at least 
five business days prior to the expected departure date from American 
Samoa.
    Although the U.S. purse seine fleet is the only U.S. fleet that 
uses cross-endorsed observers, other fleets, such as the U.S. longline 
or albacore troll fleets that also operate in the Convention Area and 
the IATTC's area of competence (IATTC Area), could request the 
placement of a cross-endorsed observer for trips that take place in 
both the Convention Area and the IATTC Area in the future. To date, no 
requests for cross-endorsed observers have been received from U.S. 
longline or albacore troll vessels. NMFS believes that notification 
requesting cross-endorsed observers for vessels of all gear types 
commercially fishing for HMS would aid in efficient placement of cross-
endorsed observers as it would allow time for NMFS to complete the 
appropriate administrative steps, and notify the Secretariats for the 
WCPFC and IATTC of the placement prior to departure. As previously 
discussed in the context of purse seine vessels, NMFS believes that 
receiving notice of the need for a cross-endorsed observer for vessels 
of all gear types at least five business days prior to the expected 
departure date of the vessel on a fishing trip would be appropriate, as 
travel arrangements may need to be made if a cross-endorsed observer is 
not located at the port of departure.

Proposed Action

    The specific elements of the proposed rule are detailed below.

1. Observer Safety Requirements

    This proposed rule would implement specific requirements for vessel 
owners and operators to help ensure the safety of WCPFC observers. CMM 
2017-03 describes requirements for vessel owners and operators 
specifically related to vessel operations, notification, search and 
rescue procedures, and investigations in the event of death, injury, 
serious illness, missing overboard, or harassment of a WCPFC observer.
    NMFS is not proposing additional regulations in the event of death, 
loss or serious injury as they would be duplicative of U.S. Coast Guard 
regulations on marine casualty incidents at 46 CFR 4.
    Under the proposed rule, vessel owners and operators would be 
required to notify the designated authorities as specified by the 
Regional Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels in the event of serious illness, assault, 
intimidation, threats, interference, or harassment of a WCPFC observer. 
NMFS plans to create a website that would provide specific contact 
information of the designated authorities, including emails and phone 
numbers. At this time, NMFS has identified the observer provider and 
NOAA Office of Law Enforcement Pacific Islands Division Duty Officer as 
contacts in the event of serious assault, intimidation, threats, 
interference or harassment of a WCPFC observer, and the NOAA Office of 
Law Enforcement in the event of serious illness. Any changes or updates 
to these contacts will be posted on the website. Owners and operators 
would be required to immediately notify the contacts of the situation 
and the status and location of the observer.
    NMFS notes that the nearest U.S. Coast Guard office would be the 
point of contact for emergency situations that would necessitate an 
immediate U.S. Coast Guard search and rescue, or law enforcement 
response. NMFS does not maintain a 24-hour hotline to handle such 
emergencies. Thus, in emergency situations that need an immediate 
response, vessel owners and operators are encouraged to contact the 
nearest U.S. Coast Guard Rescue Coordination Center (RCC) that can help 
coordinate with the closest Search and Rescue (SAR) facility in the 
area of the vessel: https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Response-Policy-CG-5R/Office-of-Incident-Management-Preparedness-CG-5RI/US-Coast-Guard-Office-of-Search-and-Rescue-CG-SAR/RCC-Numbers/).
    In addition, under the proposed rule, the vessel owner or operator 
would be required to follow certain procedures in the event of serious 
illness, assault, intimidation, threats, interference or harassment of 
a WCPFC observer. The rule would require that, in these cases, the 
owner or operator of the fishing vessel must: (1) Immediately cease 
fishing operations; (2) take all reasonable actions to care for the 
observer and provide any medical treatment available and possible on 
board the vessel; (3) where directed by the observer provider, if not 
already directed by the appropriate U.S. government contact, facilitate 
the disembarkation and transport of the observer to a medical facility 
equipped to provide the required care, as soon as practicable; and (4) 
cooperate fully in any official investigations into the cause of the 
illness. The proposed rule would specify that the owner or operator of 
the fishing vessel must ``immediately cease fishing operations.'' NMFS 
anticipates that there may be circumstances where ``immediately cease'' 
could allow for gear to be retrieved and NMFS does not encourage 
abandoning fishing gear. Although a vessel is required to immediately 
cease fishing operations,

[[Page 66516]]

this rule would not prohibit reasonable steps to recover gear and 
catch, if appropriate under the circumstances.

2. Prior Notification Procedures for Vessels Requiring a WCPFC Observer

    For placement of WCPFC observers on U.S. purse seine vessels when 
departing from American Samoa and for placement of cross-endorsed 
observers on U.S. purse seine vessels when requested, NMFS proposes 
requiring U.S. purse seine vessel owners and operators to submit such 
requests at least five business days before expected departure. The 
WCPFC observer request would need to provide the name of the vessel, 
name of the operator of the vessel, telephone number or email at which 
the owner or operator may be contacted, intended departure date, 
intended port of departure, and whether the owner or operator requests 
a WCPFC-IATTC cross-endorsed observer. NMFS also proposes requiring all 
other U.S. commercial fishing vessels fishing for HMS in the Convention 
Area to submit WCPFC-IATTC cross-endorsed observer requests at least 
five business days before departure. The request would need to provide 
the name of the vessel, name of the operator of the vessel, a telephone 
number or email at which the owner or operator may be contacted, 
expected departure date, intended port of departure and identify the 
need for a WCPFC-IATTC cross-endorsed observer.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this proposed rule is consistent with the WCPFC Implementation Act 
and other applicable laws, subject to further consideration after 
public comment.

Coastal Zone Management Act (CZMA)

    NMFS determined that this action is consistent to the maximum 
extent practicable with the enforceable policies of the approved 
coastal management program of American Samoa, the CNMI, Guam, and the 
State of Hawaii. NMFS submitted determinations to Hawaii and each of 
the Territories on March 16, 2020, for review by the responsible state 
and territorial agencies under section 307 of the CZMA. Hawaii replied 
by letter dated March 19, 2020, stating that, because the proposed rule 
is outside of the jurisdiction of the Hawaii Coastal Zone Management 
Program's enforceable policies, it would not be responding to the 
consistency determination. The CNMI replied by letter dated May 12, 
2020, stating that based on the information provided, it has determined 
that the action will be undertaken in a manner that is consistent to 
the maximum extent practicable with the enforceable policies of the 
CNMI's coastal management program. Guam replied by letter dated May 27, 
2020, stating that based on the information provided, it has determined 
that the action will be consistent with the enforceable policies of 
Guarm's Coastal Management Program. No response was received from 
American Samoa, and thus, concurrence with the respective consistency 
determinations is presumed (15 CFR 930.41).

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not expected 
to be an Executive Order 13771 regulatory action because this proposed 
rule is not significant under Executive Order 12866.

Regulatory Flexibility Act (RFA)

    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the RFA. The IRFA describes the economic 
impact this proposed rule, if adopted, would have on small entities. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained in the SUMMARY section of the 
preamble. The analysis follows:
Estimated Number of Small Entities Affected
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 114111) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    The proposed rule would apply to owners and operators of U.S. 
commercial fishing vessels that fish for HMS in the Convention Area 
that: (1) Carry a WCPFC Observer or (2) purse seine for HMS in the 
Convention Area. This includes vessels in the purse seine, longline, 
and albacore troll fleets. The estimated number of affected fishing 
vessels is as follows based on the number of vessels on the WCPFC 
Record of Fishing Vessels as of March 25, 2020: 26 Purse seine vessels, 
168 longline vessels, and 12 albacore troll vessels. Thus, the total 
estimated number of commercial fishing vessels that would be subject to 
the rule is 206. The purse seine vessels operating in the Convention 
Area generally land in American Samoa and other ports in Pacific 
Islands, the longline vessels operating in the Convention Area 
generally land in American Samoa and Hawaii, and the albacore troll 
vessels operating in the Convention Area generally land their catch in 
California, Oregon, Washington or Canada.
    Based on (limited) financial information about the affected fishing 
fleets, and using individual vessels as proxies for individual 
businesses, NMFS believes that all the affected fish harvesting 
businesses in all the fleets, except the purse seine fleet, are small 
entities as defined by the RFA; that is, they are independently owned 
and operated and not dominant in their fields of operation, and have 
annual receipts of no more than $11.0 million. Within the purse seine 
fleet, analysis of average revenue, by vessel, for 2017-2019 reveals 
that average fleet revenue was $8,890,000 (NMFS unpublished data 
combined with price data from https://www.ffa.int/node/425 and https://www.wcpfc.int/node/46580 accessed on July 27, 2020); however, 17 
participating vessels qualified as small entities with their average of 
the most recent three years of vessel revenue for which data is 
available of less than $11 million. Within the Hawaii based longline 
fleet, an average of 146 vessels recorded landings during 2017-2019 
with a average vessel revenue of approximately $828,000 per vessel 
(estimate calculated using data from the 2019 Pelagic Fishery Ecosystem 
Plan Stock Assessment and Fishery Evaluation Report and Annual Reports 
of the Hawaii Longline Fishery). For the American Samoa based longline 
fleet, an average of 15 vessels recorded landings during 2017-2019 with 
average vessel revenue of approximately $339,000 per vessel (estimate 
calculated using data from the 2019 Pelagic Fishery Ecosystem Plan 
Stock Assessment and Fishery Evaluation Report and Annual Reports of 
the American Samoa Longline Fishery). None of the other potentially 
directly regulated fishing sectors had total fishery revenue of all 
vessels combined that exceeded the small entity threshold.

Recordkeeping, Reporting, and Other Compliance Requirements

    The reporting, recordkeeping and other compliance requirements of 
this proposed rule are described earlier in the preamble. The classes 
of small entities subject to the requirements and the types of 
professional skills necessary to fulfill the requirements are as 
follows:

[[Page 66517]]

    (1) Reporting requirements when carrying a WCPFC observer: This 
requirement is part of a proposed collection of information subject to 
approval by the Office of Management and Budget (OMB) under the PRA. It 
would apply to about 199 small business entities, (derived from 
subtracting the seven vessels that do not qualify as small business 
entities from 206, the number of fishing vessels affected by this rule 
as estimated from vessels with WCPFC area endorsements). Complying 
would require that owners and operators of purse seine, longline and 
troll vessels to contact NMFS in the event of serious illness, assault, 
intimidation, threats, interference, or harassment of a WCPFC observer. 
NMFS estimates the cost of compliance as the cost of a five minute 
phone call though the cost of compliance could vary depending on the 
directions given by NMFS. NMFS cannot project how many calls would 
occur, but from 2015-2019, NOAA Office of Law Enforcement charged a 
total of six cases of harassment against purse seine and longline 
vessels in the Pacific Islands Region. Thus, NMFS expects events of 
serious illness, assault, intimidation, threats, interference, or 
harassment of a WCPFC observer to occur very rarely (average of one per 
year) and thus the cost of reporting to be very small. The Commission 
has indefinitely deferred implementation of placing WCPFC observers on 
troll vessels, and for the foreseeable future, NMFS does not believe 
that this requirement would add any new compliance costs for troll 
vessels. If the Commission were to change its position on placing WCPFC 
observers on troll vessels, troll operators may incur compliance costs 
similar to those described above. Fulfillment of this requirement is 
not expected to require any professional skills that the vessel owners 
and operators do not already possess.
    (2) Requirement to ensure observer safety: This requirement is 
outside of the proposed collection of information under the PRA. In the 
event of serious illness, assault, intimidation, threats, interference 
or harassment of a WCPFC observer, the proposed rule would require the 
owner or operator of the fishing vessel to: (1) Immediately cease 
fishing operations; (2) take all reasonable actions to care for the 
observer and provide any medical treatment available and possible on 
board the vessel; (3) where directed by the observer provider, if not 
already directed by the appropriate U.S. government contact, facilitate 
the disembarkation and transport of the observer to a medical facility 
equipped to provide the required care, as soon as practicable; and (4) 
cooperate fully in any official investigations into the cause of the 
illness. NMFS cannot project how often this would occur, but 
anticipates these events to occur rarely. As mentioned above, NOAA 
Office of Law Enforcement has charged six cases of harassment against 
purse seine and longline vessels over 2015-2019 in the Pacific Islands 
Region, which equates to approximately one per year. If such an event 
does occur, the impacts could vary depending on when the event occurs 
and what foregone opportunity is lost. For illustrative purposes, the 
average gross revenue of a U.S. purse seine fishing trip from 2017-2019 
was a little under $1.4 million per trip (calculated by multiplying 
Bangkok fish prices by average catch per trip using NMFS data) so if an 
event occurred near the start of a fishing trip, the vessel could 
potentially forgo much of that revenue along with any trip costs 
already incurred. For U.S. longline vessels the average gross revenue 
from 2017-2019 (calculated using nominal revenue and trip information 
from the 2019 Pelagic Fishery Ecosystem Plan Stock Assessment and 
Fishery Evaluation Report) was around $664,000 per Hawaii-based deep-
set trip, $64,000 per Hawaii-based shallow-set trip, and $39,000 per 
American Samoa-based trip so if an event occurred near the start of a 
fishing trip, the vessel could potentially forgo much of that revenue 
along with any trip costs already incurred.
    (3) Notification requesting a WCPFC Observer: This requirement is 
part of a proposed collection of information subject to approval by OMB 
under the PRA. It would apply to about 199 small business entities. 
Vessels are already required to provide notification prior to trip 
departure if they intend to transship at sea, and this proposed 
requirement would expand notification requirements to all vessels 
requesting a WCPFC-IATTC cross-endorsed observer and to purse seine 
vessels requesting a WCPFC observer and departing from American Samoa. 
Longline vessels are already required to notify NMFS at least 72 hours 
before departure on a fishing trip, and this requirement would not add 
any new compliance costs for those vessels. The additional 48 hours 
advanced notice might reduce operational flexibility for longline 
vessels, but to date, there have been no requests from longliners for 
WCPFC-IATTC cross-endorsed observers, so this would be expected to 
occur very rarely if at all. The WCPFC has indefinitely deferred 
implementation of placing ROP observers on troll vessels, and for the 
foreseeable future, NMFS does not believe that this requirement would 
add any new compliance costs for troll vessels. If the WCPFC were to 
change its position on placing ROP observers on troll vessels, troll 
operators may incur minor compliance costs similar to those outlined 
below for purse seine vessels.
    The proposed requirement may result in compliance costs for vessels 
requesting a WCPFC-IATTC cross-endorsed observer. It is estimated that 
each pre-trip notification would require 1 minute of labor and about $1 
in communication costs. The value of the required labor is estimated to 
be $24.42 per hour. The estimated cost of compliance is less than $2 
per notification. The number of pre-trip notifications for a cross-
endorsed observer cannot be predicted with any certainty, but for the 
purpose of this analysis, each vessel is expected to make 0.23 pre-trip 
notifications per year requesting a WCPFC-IATTC cross-endorsed observer 
(estimate based on the average number of WCPFC-IATTC notifications NMFS 
made in 2018-2019 divided by 221, the number of potential respondents 
including (1) 40 purse seine vessels, which is the maximum number of 
licenses available under the South Pacific Tuna Treaty; (2) 164 
longline vessels, which is the maximum number of Hawaii longline 
limited entry permits available; and (3) 17 troll vessels, which is the 
maximum number of West Coast-based albacore vessels that fished in the 
Convention Area in any one year from 2016-2019). The estimated cost of 
compliance for all vessels is expected to be $70.35 for 50 pre-trip 
notifications requesting a WCPFC-IATTC cross-endorsed observer per 
year.
    The proposed requirement may also result in compliance costs for 
purse seine vessels requesting a WCPFC observer when departing from 
American Samoa. It is estimated that each notification would require 1 
minute of labor and about $1 in communication costs. The value of the 
required labor is estimated to be $24.42 per hour. The estimated cost 
of compliance is less than $2 per notification. The number of requests 
and notifications cannot be predicted with any certainty, but for the 
purpose of this analysis, each purse seine vessel is expected to make 
2.34 requests or notifications per year related to WCPFC observers 
(estimate based on the average number of trips per year from 2014-2018 
divided by 40, the number of potential respondents). The estimated cost 
of compliance is

[[Page 66518]]

therefore expected to be $3.29 for a vessel that makes 2.34 pre-trip 
notifications per year.

Duplicating, Overlapping, and Conflicting Federal Regulations

    NMFS has identified Federal regulations that could overlap with the 
proposed rule for each of its two elements:

(1) Observer Safety

    As mentioned above, the U.S. Coast Guard has regulations at 46 CFR 
part 4 relating to marine casualties. This proposed regulation would 
implement the requirements of CMM 2017-03 that are not marine 
casualties covered by the existing U.S. Coast Guard regulations.
    IATTC adopted Resolution C 18-07 on Observer Safety, and NMFS 
published a final rule on May 18, 2020 (85 FR 29666) related to 
observer safety notification for observers on vessels that are on 
fishing trips in the IATTC Area. The regulations in the proposed rule 
and the regulations applicable to the IATTC Area would apply to WCPFC 
observers that are on vessels that are fishing in the IATTC Area, such 
as WCPFC observers that are also cross-endorsed observers. In this 
case, there would be overlapping regulations, but NMFS intends to 
ensure consistency in the contacts for the observer safety notification 
such that both requirements would be satisfied with one notification.

(2) Notification To Request Observer

    Vessels with a Hawaii or American Samoa longline limited access 
permit are required at 50 CFR 665.803 to notify NMFS at least 72 hours 
(excluding weekends and Federal holidays) before the vessel leaves port 
on a fishing trip wherein any part occurs in the U.S. exclusive 
economic zone around the Hawaiian Archipelago or American Samoa. Purse 
seine vessels operating in the Eastern Pacific Ocean are also required 
at 50 CFR 216.24 to notify NMFS or the IATTC contact designated by NMFS 
at least five days before the vessel leaves port for observer placement 
reasons. This regulation potentially overlaps with the proposed 
regulation for those trips that include a request for placement of a 
cross-endorsed observer.

Alternatives to the Proposed Rule

    NMFS has not been able to identify any alternatives that would 
minimize any significant economic impact of the proposed rule on small 
entities. The alternative of taking no action at all was rejected 
because it would be inconsistent with the United States' obligations 
under the Convention. As a Contracting Party to the Convention, the 
United States is required to implement the decisions of the WCPFC. 
Consequently, NMFS has limited discretion as to how to implement those 
decisions.

Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This rule revises the 
existing requirements for the collection of information 0648-0649, 
``Transshipment Requirements Under the WCPFC'' by requiring reporting 
in the event of serious illness, assault, intimidation, threats, 
interference, or harassment of a WCPFC observer on purse seine vessels 
and troll vessels as well as requiring pre-trip notificaitons for purse 
seine vessels requesting a purse seine observer and departing from 
American Samoa, and requiring pre-trip notifications for vessels 
requesting a WCPFC-IATTC cross endorsed observer. Notifications related 
to observer safety on purse seine vessels and troll vessels are 
expected to be rare, and the public burden is estimated to average five 
minutes per reporting incident. NMFS estimates that the public 
reporting burden would be one minute for pre-trip notifications for 
purse seine vessels requesting a WCPFC observer and departing from 
American Samoa and one minute for pre-trip notifications for vessel 
requesting a WCPFC-IATTC cross endorsed observer.
    NMFS is also revising the existing requirements for the collection 
of information 0648-0214, ``Pacific Islands Region Logbook Family of 
Forms'' by requiring reporting in the event of serious illness, 
assault, intimidation, threats, interference, or harassment of a WCPFC 
observer on longline vessels. Notifications related to observer safety 
on longline vessels are expected to be rare, and the public burden is 
estimated to average five minutes per reporting incident.
    NMFS requests any comments on the PRA requirements under this 
proposed rule, including whether the paperwork would unnecessarily 
burden any vessel owners and operators. Public comment is sought 
regarding: Whether this proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information shall have practical utility; the accuracy of 
the burden estimate; ways to enhance the quality, utility, and clarity 
of the information to be collected; and ways to minimize the burden of 
the collection of information, including through the use of automated 
collection techniques or other forms of information technology. Send 
comments on these or any other aspects of the collection of information 
to the ADDRESSES above, and by email to www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 300

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

    Dated: October 14, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is 
proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

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

    Authority: 16 U.S.C. 6901 et seq.

0
2. In Sec.  300.211, add a definition for ``WCPFC-IATTC cross-endorsed 
observer'' in alphabetical order to read as follows:


Sec.  300.211  Definitions.

* * * * *
    WCPFC-IATTC cross-endorsed observer means an observer who is 
``cross endorsed'' pursuant to a Memorandum of Cooperation between the 
Commission and the Inter-American Tropical Tuna Commission that 
specifies a process to allow the observer to meet the observer 
requirements of both organizations.
* * * * *
0
3. In Sec.  300.215, revise paragraph (b) and add paragraph (f) to read 
as follows:


Sec.  300.215  Observers.

* * * * *

[[Page 66519]]

    (b) Notifications. (1) If a fishing vessel of the United States 
used for commercial fishing for HMS in the Convention Area intends to 
conduct transshipments at sea, the owner or operator of that fishing 
vessel is required to carry a WCPFC observer under paragraph (d) of 
this section during the fishing trip and shall notify the Pacific 
Islands Regional Administrator of the need for a WCPFC observer at 
least 72 hours (exclusive of weekends and Federal holidays) before the 
vessel leaves port on the fishing trip. The notice shall be provided to 
the Observer Placement Contact specified by the Pacific Islands 
Regional Administrator and must include the official number of the 
vessel, the name of the vessel, the expected departure date, time, and 
location, the name of the operator of the vessel, and a telephone 
number at which the owner, operator, or a designated agent may be 
contacted during the business day (8 a.m. to 5 p.m. Hawaii Standard 
Time). If applicable, this notice may be provided in conjunction with 
the notice required under Sec.  665.803(a) of this title.
    (2) In order to obtain a WCPFC-IATTC cross-endorsed observer for a 
particular fishing trip, the owner or operator of a fishing vessel of 
the United States that is used for commercial fishing for HMS in the 
Convention Area shall provide the Pacific Islands Regional 
Administrator with the following information at least five days 
(exclusive of weekends and Federal holidays) before the vessel leaves 
port on the fishing trip: The name of the vessel; name of the operator 
of the vessel; a telephone number or email at which the owner or 
operator may be contacted; expected departure date; intended port of 
departure; and that the owner or operator requests a WCPFC-IATTC cross-
endorsed observer. This information shall be provided to the address 
specified by the Pacific Islands Regional Administrator and may be 
provided in conjunction with the notice required under Sec.  
216.24(b)(8)(iv)(A) of this title, if applicable.
    (3) In order to obtain a WCPFC observer on a fishing trip departing 
from American Samoa, the owner or operator of a fishing vessel of the 
United States equipped with purse seine gear shall provide the Pacific 
Islands Regional Administrator with the following information at least 
five days (exclusive of weekends and Federal holidays) before the 
vessel leaves port on the fishing trip: The name of the vessel; name of 
the operator of the vessel a telephone number or email at which the 
owner or operator may be contacted expected departure date; intended 
port of departure and; whether the owner or operator requests a WCPFC-
IATTC cross-endorsed observer. This information shall be provided to 
the address specified by the Pacific Islands Regional Administrator and 
may be provided in conjunction with the information required under 
Sec.  300.215(b)(2) of this title.
* * * * *
    (f) Observer safety. The following requirements apply when a WCPFC 
observer is on a fishing trip operating under the Commission's Regional 
Observer Program.
    (1) The owner or operator of a fishing vessel of the United States 
shall immediately report the serious illness that threatens the health 
or safety of a WCPFC observer to the U.S government contact on the list 
provided by the Pacific Islands Regional Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels. In addition, the 
owner or operator of the fishing vessel must:
    (i) Immediately cease fishing operations;
    (ii) Take all reasonable actions to care for the observer and 
provide any medical treatment available and possible on board the 
vessel, and where appropriate seek external medical advice;
    (iii) Where directed by the observer provider, if not already 
directed by the appropriate U.S. government contact, facilitate the 
disembarkation and transport of the observer to a medical facility 
equipped to provide the required care, as soon as practicable; and
    (iv) Cooperate fully in any official investigations into the cause 
of the illness.
    (2) In the event that a WCPFC observer on a fishing vessel of the 
United States has been assaulted, intimidated, threatened or harassed, 
the owner or operator of the fishing vessel shall immediately notify 
the U.S. government contact and observer program contact on the list 
provided by the Pacific Islands Regional Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels of the situation and 
the status and location of the observer. In addition, the owner or 
operator of the fishing vessel must:
    (i) Immediately take action to preserve the safety of the observer 
and mitigate and resolve the situation on board;
    (ii) If the observer or the observer provider indicate that they 
wish to be removed from the vessel, facilitate the safe disembarkation 
of the observer in a manner and place, as agreed by the observer 
provider and a U.S. government contact, that facilitates access to any 
needed medical treatment; and
    (iii) Cooperate fully in any official investigations into the 
incident.
0
4. In Sec.  300.222, add paragraph (yy) to read as follows:


Sec.  300.222  Prohibitions.

* * * * *
    (yy) Fail to comply with the observer safety requirements in Sec.  
300.215(f).

[FR Doc. 2020-23162 Filed 10-19-20; 8:45 am]
BILLING CODE 3510-22-P