[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Proposed Rules]
[Pages 54078-54083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22078]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 100311144-0159-01]
RIN 0648-AY75
International Fisheries; Pacific Tuna Fisheries; Vessel Capacity
Limit in the Purse Seine Fishery in the Eastern Pacific Ocean
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 (Act), as amended, to increase the vessel capacity limit for
the U.S. purse seine fishery operating in the eastern Pacific Ocean
(EPO) and make U.S. regulations more consistent with the Inter-American
Tropical Tuna Commission (IATTC) Resolution on the Capacity of the Tuna
Fleet Operating in the Eastern Pacific Ocean. These revisions would
ensure that the United States is satisfying its obligations under the
Tuna Conventions Act while dismantling regulatory constraints
preventing economic development of the U.S. industry.
DATES: Comments must be submitted in writing by October 4, 2010. A
public hearing will be held at 9 a.m. to 12 p.m. PDT, September 9,
2010, Long Beach, CA.
[[Page 54079]]
ADDRESSES: You may submit comments, identified by 0648-AY75, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov
Fax: 562-980-4047, Attn: Heidi Hermsmeyer
Mail: Rod McInnis, Regional Administrator, NMFS Southwest
Regional Office (SWR), 501 W. Ocean Blvd., Suite 4200, Long Beach, CA
90802. Include the identifier ``0648-AY75'' in the comments.
Public hearing: The public is welcome to attend a public
hearing and offer comments on this rule on September 9, 2010, from 9
a.m. to 12 p.m. at 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA
90802. The public may also participate in the public hearing via
conference line: 800-621-8495; participant passcode: 26548.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may 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). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS SWR and by e-mail to [email protected], or fax to (202) 395-7285. Copies of the
Environmental Assessment prepared under the authority of the National
Environmental Policy Act and the IRFA are available at http://swr.nmfs.noaa.gov/ or may be obtained from Rod McInnis, Regional
Administrator, NMFS SWR.
FOR FURTHER INFORMATION CONTACT: Heidi Hermsmeyer, NMFS SWR, 562-980-
4036.
SUPPLEMENTARY INFORMATION:
Background on the 1949 Convention for the Establishment of an IATTC
(Convention)
The Convention entered into force in May 1949. The full text of the
Convention is available at: http://www.iattc.org/PDFFiles/IATTC_convention_1949.pdf. The Convention Area includes the waters bounded
by the coast of the Americas, the 40 N. and 40 S. parallels, and the
150 W. meridian. The Convention focuses on the conservation and
management of highly migratory species (HMS) and the management of
fisheries for HMS, and has provisions related to non-target,
associated, and dependent species in such fisheries. In 2003, the IATTC
adopted a resolution that approved the Antigua Convention, a major
revision of the original convention, establishing the IATTC. This new
text brings the convention current with respect to internationally
accepted laws on the conservation and management of oceanic resources,
including a mandate to take a more ecosystem-based approach to
management. The Antigua Convention will enter into force on August 27,
2010, and may be found at: http://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
The IATTC, established under the Convention, is comprised of the
Members, including High Contracting Parties to the Convention and
fishing entities that have agreed to be bound by the regime established
by the Convention. Other entities that participate in the IATTC include
Cooperating Non-Parties, Cooperating Fishing Entities, and Regional
Economic Integration Organizations. Cooperating Fishing Entities
participate with the authorization of the High Contracting Parties with
responsibility for the conduct of their foreign affairs. Cooperating
Non-Parties are identified by the IATTC on a yearly basis. In accepting
Cooperating Non-Party status, such States agree to implement the
decisions of the IATTC in the same manner as Members.
The current Members of the IATTC are Colombia, Costa Rica, Ecuador,
El Salvador, France, Guatemala, Japan, Mexico, Nicaragua, Panama, Peru,
Republic of Korea, Spain, United States, Vanuatu, and Venezuela. The
current Cooperating Non-Parties, Cooperating Fishing Entities and
Regional Economic Integration Organizations are Belize, Canada, China,
Cook Islands, Kiribati, Chinese Taipei, and the European Union.
International Obligations of the United States under the Convention
As a Contracting Party to the Convention and a Member of the IATTC,
the United States is legally bound to implement the decisions of the
IATTC. The Act (16 U.S.C. 951 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 (USCG) 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 IATTC. The authority to promulgate regulations has
been delegated to NMFS.
IATTC Decisions Regarding Capacity in the Purse Seine Fishery
At its sixty-ninth annual meeting in June 2002, the IATTC adopted
the Resolution on the Capacity of the Tuna Fleet Operating in the
Eastern Pacific Ocean (Resolution C-02-03) to address the problem of
excess capacity in the tuna purse-seine fleet operating in the EPO by
limiting the capacity to a level which would ensure that tuna fisheries
in the region are sustainable. The resolution, available with other
decisions of the IATTC at http://www.iattc.org/ResolutionsActiveENG.htm, places certain obligations on the IATTC's
High Contracting Parties, Cooperating Non-Parties, Cooperating Fishing
Entity, and Regional Economic Integration Organization (collectively,
CPCs). Resolution C-02-03 replaced the previous Resolution on Fleet
Capacity adopted at the sixty-second annual meeting of the IATTC in
October 1998 (Resolution C-98-11). Resolution C-02-03 established a
total vessel 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 by the Secretariat based on
historical fishing levels in the EPO. The resolution included
provisions that, among other things, prohibited the entry of new
vessels to the EPO purse seine fleet, except to replace vessels removed
from the Vessel Register, and prohibited the increase of the capacity
of any existing purse seine vessel unless a purse seine vessel or
vessels of equal or greater capacity is removed from the Vessel
Register.
When Resolution C-02-03 was adopted, the United States was
authorized to have a total of 39,228 cubic meters of capacity in the
purse seine fishery, as well as a provision that allowed up to 32 U.S.
purse seine vessels that regularly operate in the western and central
Pacific Ocean (WCPO) to make one trip per year in the EPO without being
included on the IATTC Vessel Register. However, for diplomatic reasons
the United States
[[Page 54080]]
chose to further limit its fleet capacity by maintaining the U.S. fleet
capacity limit established under paragraph 1 of Resolution C-98-11,
which had been replaced by Resolution C-02-03. Thus, on April 12, 2005,
a final rule was published in the Federal Register (70 FR 19004),
which, among other things, established a fleet capacity limit of 8,969
mt. In August 2002, the U.S. Department of State notified the IATTC of
the smaller limit that NMFS chose to impose on the U.S. fleet. This was
a non-binding commitment and not necessarily intended to apply
indefinitely. Since that time, a number of circumstances have changed.
The diplomatic reasons for adopting the smaller regulatory limit, and
specifically the conditions under which the United States was adopting
its restrictions, are no longer applicable due to the manner in which
Resolution C-02-03 has been implemented by the IATTC Members since its
adoption. In addition, the United States has been unable to make
meaningful use of the 32-trip provision because of the restriction
limiting each eligible vessel to only a single trip in the EPO per year
even if the total number of trips made by eligible vessels is less than
32. Some vessel owners have expressed interest in making multiple trips
to the EPO since fewer than 32 vessels have ever used this provision in
a given year; however, this is not allowed. Due to removals and
additions of vessels from the Vessel Register, currently the United
States is authorized by the IATTC to have up to 31,775 cubic meters of
carrying capacity in the purse seine fleet.
Proposed Action
The proposed rule would revise the vessel capacity limit for the
U.S. purse seine fishery operating in the EPO so that it is consistent
with the amount authorized by the IATTC, which currently is 31,775
cubic meters, or about 27,146 metric tons. In addition, the regulations
pertaining to the purse seine fishery operating in the EPO would be
revised so that capacity measurements would be in cubic meter
measurements, rather than in metric tons. This would be consistent with
the measurements used by the IATTC and a less subjective measurement
because it is based on actual well volume rather than the estimated
weight of fish that would fit in the well. The exemption for small
purse seine vessels to be on the Vessel Register at 50 CFR 300.22
(b)(1)(ii) would also be removed, so that all U.S. purse seine vessels
would need to be listed on the Vessel Register and categorized as
active under paragraph (b)(4)(i) of the same section in order to use
purse seine gear to fish for tuna in the IATTC Convention Area.
However, these vessels (class size 5 and under purse seine vessels that
primarily fish for coastal pelagic species off the U.S. west coast)
would be exempt from the frivolous request provisions for active status
at 50 CFR 300.22(b)(4)(ii). The frivolous request provisions
essentially penalize vessels that apply to be on the vessel register
and do not fish for tuna in the EPO by putting them at the bottom of
the hierarchy when applying to be on the vessel register the following
year. These provisions are meant to prevent vessel owners who do not
have any intent to fish in the Convention Area from applying to be on
the vessel register and occupying assigned capacity. The smaller
vessels would be exempt from these provisions because it would be
difficult, if not impossible, for the vessel owners to anticipate
whether unassociated schools of tuna would come within their range off
the U.S. west coast during the summer months in a given year. These
revisions would ensure that the United States is satisfying its
obligations under the Tuna Conventions Act and not exceeding its
allotted capacity in purse seine fishery, while dismantling regulatory
constraints preventing capacity building by the U.S. industry.
Since 1971, the number of large U.S. purse seine vessels fishing
for tuna in the EPO has been reduced from over 155 to an average of two
over the past seven years. Most of the U.S. vessels that historically
fished in the EPO have either re-flagged or are now active in the WCPO,
where a treaty between the United States and certain Pacific Island
States (i.e., the South Pacific Tuna Treaty) provides the fleet with
access to fishing grounds. The number of vessels in the U.S. WCPO purse
seine fishery gradually decreased from the late 1990s until 2006, and
has fluctuated since. Since 2003, there has been an annual average of
two large purse seine vessels and four small purse seine vessels that
have landed tuna on the U.S. west coast. The small purse seine vessels
primarily target coastal pelagic species (CPS) and target tunas
opportunistically when they become available in the U.S. west coast
Exclusive Economic Zone during the summer months.
Since the end of 2008, the U.S. WCPO purse seine fleet has included
37 vessels. These 37 vessels amount to roughly 55,000 cubic meters of
carrying capacity. In general, WCPO tuna fishermen catch more and
larger tuna per set compared to EPO tuna fishermen and thus make fewer
and shorter trips. Unless there is a change in the economics of the
fisheries, such that fishing in the EPO would be more advantageous for
the U.S. fleet, it is unlikely that U.S. vessels will significantly
expand their activity in the EPO. In addition, NMFS does not expect any
other large vessels to be configured for purse seine fishing and enter
into the fishery because of the high start-up costs associated with
purchasing a large vessel and retrofitting it and purchasing the
necessary gear to enter the fishery.
NMFS also does not expect a significant influx of smaller vessels
into the EPO tuna purse seine fishery. The purse seine fisheries
targeting CPS are limited entry fisheries. Any additional small purse
seine vessels that could potentially enter the EPO tuna fishery would
either be a new purse seine vessel that would primarily target tuna, or
one of the limited entry CPS vessels. It is unlikely that there would
be a significant influx of new vessels in the fishery due to the high
start-up costs associated with entering the fishery, and it is unlikely
that there would be a significant increase in the number of small CPS
purse seine vessels that opportunistically target tunas in the summer
months as shown by recent fishing practices.
As of July 2010, there were only two large U.S. purse seine vessels
listed on the Vessel Register and authorized to fish in the IATTC
Convention Area in the 2010 fishing year. The total U.S. vessel
carrying capacity at this time is 1,194 mt, which does not include
small vessels, currently exempt from the requirement to be listed on
the Vessel Register under domestic regulations. In 2009, there were
eight small purse seine vessels that were exempt from being listed on
the IATTC Vessel Register and made landings of tuna in the EPO; these
vessels amount to an estimated 1,000 mt of capacity. Thus, it is
estimated that the current U.S. vessel capacity, including small
vessels, is about 2,200 mt. If the proposed rule were adopted, it is
possible, although highly unlikely, that the effort in the purse seine
fishery operating in the EPO could increase threefold as the carrying
capacity limit being proposed is about three times larger than the one
currently in place. This would allow for about half of the large purse
seine vessels that are currently registered to fish in the WCPO to be
on the IATTC Vessel Register and be eligible to fish in the EPO.
However, the current capacity limit of 8,969 mt has never been fully
utilized since it was established in 2005, and when excess U.S.
capacity has been available in the past, there has not been a surge to
use this capacity. Thus, it is apparent that there has not been a high
demand
[[Page 54081]]
for additional vessels to enter the fishery.
In 2008, the Western and Central Pacific Fisheries Commission
(WCPFC) adopted a conservation and management measure (CMM-2008-01)
that established a three-month closure in the WCPO to fishing on fish
aggregating devices with purse seine gear. This closure could have
resulted in an increase in the number of WCPO vessels interested in
operating in the IATTC Convention Area. This did not occur during the
2008 or 2009 closures; however, NMFS staff has been advised that some
vessel managers are considering shifting effort to the IATTC Convention
Area in the future. The IATTC resolution on vessel capacity and U.S.
regulations do allow for WCPO vessels to make a single trip in the EPO
during a calendar year without having to be listed on the IATTC Vessel
Register, so if the vessels wanted to make only one trip they would not
need to be on the Vessel Register or be counted against the U.S.
carrying capacity. However, if a WCPO vessel wanted to make more than
one trip, it would have to request to be on the Vessel Register and
would only be allowed to do so if there was adequate capacity
available.
In addition to the capacity limits, there are other IATTC measures
in place to limit effort in the purse seine fishery. Of particular
relevance is IATTC Resolution C-09-01, which went into effect in July
2009 and established, among other things, time/area closures and tuna
catch retention requirements in the purse seine fishery. These measures
were put in place primarily to limit the fishing mortality of bigeye
and yellowfin tuna. The United States implemented these measures
domestically in November 2009 (74 FR 61046, November 23, 2009).
NMFS initially considered including a provision that would rank
purse seine fishermen applying to be on the Vessel Register according
to their historical participation in the purse seine fishery, so those
who have participated longer in the fishery would have precedence when
applying to be on the Vessel Register. NMFS has preliminarily
determined that this provision is not necessary at this time because
there has been such limited participation in the fishery in the recent
past. NMFS also initially considered including additional restraints on
the small purse seine vessels that would be exempt from the frivolous
request provisions in order to avoid numerous small purse seiners that
do not have intentions to fish for tuna later in the year from applying
to be on the Vessel Register. However, NMFS determined that this is
also not necessary at this time due to the limited participation in the
fishery. NMFS encourages public comment on both of these issues.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act and other applicable
law, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act. 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 at the
beginning of this section in the preamble and in the SUMMARY section of
the preamble. The complete analysis is included in this proposed rule.
The purpose of the proposed action is to amend regulations to
ensure that the United States is satisfying its obligations as a member
of the IATTC and U.S. regulations are as consistent as practicable with
active IATTC Resolutions, while dismantling regulatory constraints that
may prevent capacity building by the U.S. industry.
The total number of affected purse seine vessels is approximated by
the current number of U.S. purse seine vessels authorized to fish in
the IATTC Convention Area and the number of vessels that have the
potential to enter the fishery if the proposed rule were adopted and
capacity was increased in the purse seine fishery. As of July 2010,
there were two U.S purse seine vessels listed on the IATTC Vessel
Register and authorized to fish in the Convention Area totaling 1,194
mt carrying capacity; this does not include small vessels which are
exempt from the requirement to be listed on the Vessel Register. One of
the large vessels is class size 6 (greater than 363 mt carrying
capacity) and one is class size 5 (273-363 metric tons carrying
capacity). In 2009, there were eight small purse seine vessels that
were exempt from being listed on the IATTC Vessel Register and made
landings of tuna in the EPO; these vessels amount to an estimated 1,000
mt of carrying capacity are class size 1-2 vessels. Thus, it is
estimated that the current U.S. vessel capacity, including small
vessels, is about 2,200 mt. If the proposed rule were adopted, it is
possible, although unlikely, that effort in the purse seine fishery
operating in the EPO could increase substantially.
If the capacity were increased to 31,775 cubic meters (or about
27,147 mt), the carrying capacity limit would be about three times
larger than the carrying capacity limit currently in place. This would
allow for about 20 or fewer large vessels, depending on the size of the
individual vessels and the number of small vessels participating in the
fishery, to be on the Vessel Register and participate in the fishery
(this estimate is based on the average carrying capacity of U.S.
vessels operating in the WCPO, or 1,487 cubic meters). It is estimated
that at most, 10-15 small vessels would opt to be on the Vessel
Register. It is estimated that the majority of the vessels entering the
fishery from the WCPO would be class size 6 vessels based on current
and historical participation in the EPO and WCPO purse seine fisheries.
Class size 6 purse seine vessels usually fish outside U.S. waters
and deliver their catch to U.S. (e.g., American Samoa) or foreign
(e.g., Ecuador, Mexico, Colombia, Costa Rica) ports. Class size 6
vessels are required to have 100 percent observer coverage. They are
categorized as large business entities (revenues in excess of $4
million per year) and typically generate about 4,000 to 5,000 mt of
tuna valued at about $4 to $5 million per year. Class size 5 vessels
are not required to carry an observer. Purse seine vessels class size 5
or smaller would be considered small business entities (revenues equal
to or less than $4 million per year) and it is estimated that from
2004-2008, the majority, if not all, of these smaller vessels had
revenues of less than $0.5 million per year.
The proposed action, if adopted, would not disproportionately
affect small business entities relative to large business entities. The
proposed action has the potential to affect more large business
entities than small business entities. The proposed rule would increase
the opportunity for all purse seine vessels, regardless of size, to
register to be on the IATTC Vessel Register and participate in the
fishery targeting tunas in the EPO because the total carrying capacity
limit would be increased. The proposed rule would also remove the
current exemption that allows smaller vessels (class sizes 1-5) to
opportunistically fish for tuna species in the EPO without being listed
on the IATTC Vessel Register. These vessels would have to apply to be
on the Vessel Register every year if they anticipate fishing for tunas;
however, there would be no associated cost for registering to
[[Page 54082]]
be on the IATTC Vessel Register because there are no IATTC observer
requirements for vessels under class size 6. This regulatory amendment
is necessary because the IATTC Resolution on a Vessel Register
(Resolution C-00-06) requires that all vessels provide the IATTC with
applicable vessel information and be listed on the IATTC Vessel
Register in order to be authorized to fish in the IATTC Convention Area
for species under the purview of the IATTC. Although these smaller
vessels would be required to be listed on the IATTC Vessel Register,
they would be exempt from the frivolous request provisions. The
frivolous request provisions essentially penalize vessels that apply to
be on the Vessel Register and do not fish for tuna in the EPO by
putting them at the bottom of the hierarchy when applying to be on the
Vessel Register the following year. These provisions are meant to
prevent vessel owners who do not have any intent to fish in the
Convention Area from applying to be on the Vessel Register and take up
valuable capacity. The smaller vessels would be exempt because it would
be difficult, if not impossible, for the vessel owners to anticipate
whether schools of tuna would become available off the U.S. west coast
during the summer months in a given year. In addition, the proposal to
use cubic meters rather than metric tons is not likely to negatively
affect small business entities as it is an administrative change.
NMFS compared the effects of the proposed rule to three
alternatives, including a no action alternative. Alternative 1 would be
the same as the preferred alternative (the proposed action); however,
the Vessel Register list exemption for small purse seine vessels at 50
CFR 300.22(b)(1)(ii) would not be removed, and the frivolous request
regulations would not be amended. Thus, Alternative 1 would increase
the U.S. vessel carrying capacity limit for the purse seine fishery
operating in the EPO to 31,775 cubic meters, the capacity measurements
would be changed to cubic meter measurements, and small purse seine
vessels for which landings of tuna caught in the Convention Area
comprise 50 percent or less of the vessel's total landings, by weight,
for a given calendar year, would continue to be exempt from the
requirement to be on the Vessel Register. The effects of this
alternative on small business entities would be similar to those
described for the proposed action, except small purse seine vessels
would continue to be exempt from the requirement to be on the Vessel
Register. If Alternative 1 were adopted, the United States would
maintain U.S. regulations that would be less consistent with IATTC
Resolution C-00-06 because not all vessels operating in the Convention
Area would be on the IATTC Vessel Register.
Alternative 2 would revise the current regulations to give NMFS the
discretion to revise the current 8,969 mt (10,498 cubic meters) vessel
capacity limit in the future up to the amount authorized under
resolutions adopted by the IATTC (currently 31,775 cubic meters) based
on specific criteria. However, the vessel capacity limit would not be
increased at this time because currently there appears to be limited
demand for additional vessel capacity. The capacity measurements would
be amended so that they are in cubic meter measurements, and small
purse seine vessels for which landings of tuna caught in the Convention
Area comprise 50 percent or less of the vessel's total landings, by
weight, for a given calendar year, would continue to be exempt from the
requirement to be on the Vessel Register. The impacts to small business
entities would be similar to those described under Alternative 1 with
respect to not removing the exemption for small vessels. Alternative 2
does not necessarily increase the current carrying capacity in the
purse seine fishery, so this could be disadvantageous to large and some
small business entities that are not exempt from being listed on the
Vessel Register if the current vessel capacity were reached in a given
year and they were not able to participate in the fishery due to a lack
of available capacity.
Alternative 3 is the no action alternative. Under this alternative,
there would be no changes to the current regulations for the purse
seine fishery which targets tuna species in the EPO. The purse seine
vessel capacity limit would remain at 8,969 mt, the capacity
measurements would remain in metric tons, and small purse seine vessels
for which landings of tuna caught in the Convention Area comprise 50
percent or less of the vessel's total landings, by weight, for a given
calendar year, would continue to be exempt from the requirement to be
on the Vessel Register. Under this alternative, the United States would
maintain U.S. regulations that are less consistent with IATTC
Resolution C-00-06 because small vessels that occasionally fish for
tunas would not be included on the Vessel Register. In addition, U.S.
regulations would constrain the carrying capacity limit beyond what is
authorized by the IATTC and would therefore be limiting the opportunity
for U.S. businesses to participate in the fishery.
This proposed rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA) and which has been
approved by NOAA's Office of Management and Budget (OMB) under control
number 0648-0387. Public reporting burden for Vessel Register annual
notification is estimated to average 35 minutes per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to [email protected], or fax to (202) 395-7285.
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.
NMFS prepared a draft Environmental Assessment (EA) on these
proposed regulations. A copy of the draft EA is available from NMFS
(see ADDRESSES) or at: http://swr.nmfs.noaa.gov.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: August 30, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300, subpart C as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for 50 CFR part 300, subpart C, continues
to read as follows:
Authority: 16 U.S.C. 951-961 et seq.
2. Revise the heading for 50 CFR part 300, subpart C, to read as
follows:
Subpart C--Eastern Pacific Tuna Fisheries
3. In Sec. 300.21, remove the definition of ``Commission's
Yellowfin Regulatory Area (CYRA)''.
4. In Sec. 300.22, revise paragraphs (b)(1), (b)(3), (b)(4)(i)(A),
and (b)(4)(ii) to read as follows:
[[Page 54083]]
Sec. 300.22 Eastern Pacific fisheries recordkeeping and written
reports.
* * * * *
(b) * * *
(1) Exception. Vessels that are licensed under the South Pacific
Tuna Treaty that exercise an option to fish in the Convention Area for
a single trip each year are exempted from being listed on the Vessel
Register to use purse seine gear to target tuna in the Convention Area,
provided that the total number of optional trips does not exceed 32 in
a given calendar year. Each optional trip in the Convention Area shall
not exceed 90 days in duration.
* * * * *
(3) Vessel information. Information on each commercial fishing
vessel or CPFV authorized to use purse seine, longline, drift gillnet,
harpoon, troll, rod and reel, or pole and line fishing gear to fish for
tuna and tuna-like species in the Convention Area for sale shall be
collected by the Regional Administrator to conform to IATTC resolutions
governing the Vessel Register. This information initially includes, but
is not limited to, the vessel name and registration number; the name
and business address of the owner(s) and managing owner(s); a
photograph of the vessel with the registration number legible; previous
vessel name(s) and previous flag (if known and if any); port of
registry; International Radio Call Sign; vessel length, beam, and
moulded depth; gross tonnage, fish hold capacity in cubic meters, and
carrying capacity in cubic meters; engine horsepower; date and place
where built; and type of fishing method or methods used. The required
information shall be collected as part of existing information
collections as described in this and other parts of the CFR.
(4) * * *
(i) * * *
(A) The cumulative carrying capacity of all purse seine vessels
categorized as active on the Vessel Register may not exceed 31,775
cubic meters in a given year;
* * * * *
(ii) Frivolous requests for active status.
(A) Except as described under paragraph (b)(4)(ii)(B) of this
section, requests for active status under paragraph (b)(4)(i) of this
section will be considered frivolous if, for a vessel categorized as
active 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
(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)(ii)(A) of
this section will not be considered frivolous requests if:
(1) The vessel's catch pattern fell within the criteria described
in pargraph (b)(4)(ii)(A) 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
landings of tuna caught by the vessel in the Convention Area comprise
50 percent or less of the vessel's total landings, by weight, for a
given calendar year.
* * * * *
[FR Doc. 2010-22078 Filed 9-2-10; 8:45 am]
BILLING CODE 3510-22-S