[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Proposed Rules]
[Pages 34624-34627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16787]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 980602143-8143-01; I.D. 040197B]
RIN 0648-AI99
High Seas Fishing Compliance Act
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 issues this proposed rule to implement vessel
identification and reporting requirements under the High Seas Fishing
Compliance Act (HSFCA). This rule would require vessels with permits
issued under the HSFCA to be marked for identification purposes and to
report their catches and effort when fishing on the high seas. This
action is necessary to comply with the HSFCA.
DATES: Comments must be received by July 27, 1998.
ADDRESSES: Send comments on the proposed rule and on the collection-of-
information requirements to Gary C.
[[Page 34625]]
Matlock, Director, Office of Sustainable Fisheries, National Marine
Fisheries Service, 1315 East West Highway, Silver Spring, MD 20910.
Also send comments on the collection-of-information requirements to the
Office of Information and Regulatory Affairs, Office of Management and
Budget; Attention: NOAA Desk Officer, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Robert A. Dickinson, (301) 713-2337.
SUPPLEMENTARY INFORMATION: The HSFCA (16 U.S.C. 5501 et seq.), among
other things, implements the United Nations Food and Agriculture
Organization (FAO) Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the High
Seas (Agreement) and requires that U.S. vessels fishing on the high
seas possess a permit issued under the HSFCA. As used in the HSFCA, the
term ``high seas'' means the waters beyond the territorial sea or
exclusive economic zone (or the equivalent) of any nation, to the
extent that such territorial sea or exclusive economic zone (or the
equivalent) is recognized by the United States. Additional information
on the Agreement and the HSFCA is published at 61 FR 11751, March 22,
1996, and 61 FR 35548, July 5, 1996.
Regulations at 50 CFR part 300, subpart B, govern permit
application and issuance procedures under the HSFCA. NMFS is proposing
to amend these regulations to include provisions for vessel
identification and reporting requirements.
Pursuant to guidance contained in the HSFCA, NMFS is attempting to
minimize duplication of reporting requirements and to ensure that, to
the extent practicable, the proposed regulations are consistent with
regulations implementing fishery management plans (FMPs) under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1801 et seq.). Additionally, NMFS proposes to
ensure that regulations implementing HSFCA vessel identification and
reporting requirements are, to the extent practicable, consistent with
regulations implementing other Federal fishery management statutes
(e.g., regulations implementing the Antarctic Marine Living Resources
Convention Act).
The HSFCA prescribes that licensed U.S. vessels operating on the
high seas be marked (1) in accordance with regulations issued under the
Magnuson-Stevens Act to implement a FMP, or (2) in accordance with the
FAO Standard Specifications for the Marking and Identification of
Fishing Vessels. NMFS proposes that vessels operating on the high seas
with a permit issued under the HSFCA be considered appropriately marked
for purposes of identification if marked in accordance with either of
the preceding manners of marking. NMFS also proposes to consider
vessels marked in accordance with regulations implementing other
Federal fishery management statutes as appropriately marked for
purposes of the HSFCA.
The HSFCA also prescribes that permit holders be required to report
their catches on the high seas.
NMFS has identified three groups of vessel operators that fish, or
have the potential to fish, on the high seas under the HSFCA. The first
group consists of vessel operators already required to report their
catch and effort when on the high seas based on existing reporting
requirements in regulations under the Magnuson-Stevens Act or other
Federal fishery management statutes. NMFS proposes to consider such
operators in compliance with HSFCA reporting requirements if they
continue to maintain and submit such logs as may be required by
regulations promulgated under the Magnuson-Stevens Act or other Federal
fishery management statutes. There will be no requirement for vessels
already appropriately reporting their catch and effort on the high seas
to maintain a separate high seas log.
The second group consists of operators of vessels with HSFCA
permits that participate in the albacore fishery of the Pacific Ocean.
Vessel operators in this fishery have had the option of participating
in a voluntary reporting system to record their catch and effort by
using the ``U.S. Pacific Albacore Logbook,'' which has been available
since 1961 through the NMFS Southwest Regional Office and the NMFS
Southwest Fisheries Science Center. A valuable time series of data on
the fishery has been amassed over the years. NMFS proposes that the log
used in the voluntary reporting system be the mandatory log for
reporting catch and effort on the high seas by all operators of HSFCA-
permitted vessels in the albacore fisheries. This action will maintain
some continuity of the database developed under the voluntary system
and will avoid the potential for a duplicative reporting requirement.
The third group consists of all other operators of vessels licensed
under the HSFCA who fish on the high seas (i.e., who will not be
reporting their catch and effort on the high seas based on existing
regulations or the ``U.S. Pacific Albacore Logbook''). NMFS proposes
that these vessel operators use gear-specific logs, to be available
from NMFS Regional Administrators, to report their catch and effort on
the high seas. These logs will collect the basic information typically
collected for each gear type. Logs have been prepared to record catches
on the high seas for the following gear types: Longline/gillnet, purse
seine, troll/pole and line, trawl, trap, mothership and ``other.''
Samples of the logs are available from NMFS (see ADDRESSES). The actual
logs will be available from the Regional Administrator of the NMFS
Regional Office from which a vessel's HSFCA permit was issued.
NMFS also proposes to revise the existing regulations to clarify
the conditions under which a U.S. vessel is eligible for a permit and
the scope of permit sanction authority under the HSFCA.
Operators of U.S. vessels fishing on the high seas are reminded of
their responsibility under the Marine Mammal Protection Act (MMPA) (16
U.S.C. 1361 et seq.) to report all incidental injuries and mortalities
of marine mammals that occur as a result of commercial fishing
operations. MMPA reporting forms and additional information about the
MMPA can be obtained through NMFS Regional Offices.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. It is estimated this action will affect approximately 5
percent of HSFCA permit holders at a total annual cost of $7,600.00.
Neither the agency standard for ``substantial number of small
entities'' nor any of the agency criteria for ``significant economic
impact'' are met. As a result, a regulatory flexibility analysis was
not prepared.
This rule contains two collection-of-information requirements
subject to the Paperwork Reduction Act. These collection-of-information
requirements have been submitted to the Office of Management and Budget
for approval.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection-of-information subject to the requirements
of the Paperwork
[[Page 34626]]
Reduction Act unless that collection-of-information displays a
currently valid OMB control number.
The first collection-of-information requirement is the vessel
marking requirement. The burden of this collection of information is
estimated to be about 45 minutes per year for each vessel not already
marked for identification purposes in accordance with the implementing
regulations of a FMP or Federal fishery management statute. The second
collection-of-information requirement is the requirement for vessels
not otherwise required to report high seas catches and effort to report
such catches and effort. The burden of this collection of information
is estimated to be an average of 3 minutes per day. Send comments
regarding these burden estimates or any other aspect of the collection-
of-information, including suggestions for reducing this burden, to Gary
C. Matlock, NMFS, or to the Office of Information and Regulatory
Affairs, OMB (see ADDRESSES).
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 has
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.
List of Subjects in 50 CFR Part 300
Exports, Fisheries, Marine resources, Reporting and recordkeeping
requirements, Treaties.
Dated: June 18, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, 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
1. The authority citation for subpart B continues to read as
follows:
Authority: 16 U.S.C. 5501 et seq.
2. In Sec. 300.13, paragraph (a)(1) introductory text is revised to
read as follows:
Sec. 300.13 Vessel permits.
(a) * * *
(1) Any high seas fishing vessel of the United States is eligible
to receive a permit under this subpart, unless the vessel was
previously authorized to be used for fishing on the high seas by a
foreign nation, and --
* * * * *
3. In Sec. 300.14, the section heading is revised, and text is
added to read as follows:
Sec. 300.14 Vessel identification.
(a) General. A vessel permitted under this subpart must be marked
for identification purposes in accordance with this section.
(b) Marking. Vessels must be marked either:
(1) In accordance with vessel identification requirements specified
in Federal fishery regulations issued under the Magnuson-Stevens Act or
under other Federal fishery management statutes; or
(2) In accordance with the following identification requirements:
(i) A vessel must be marked with its IRCS, or, if not assigned an
IRCS, must be marked (in order of priority) with its Federal, state, or
other documentation number appearing on its high seas fishing permit;
(ii) The markings must be displayed at all times on the vessel's
side or superstructure, port and starboard, as well as on a deck;
(iii) The markings must be placed so that they do not extend below
the waterline, are not obscured by fishing gear, whether stowed or in
use, and are clear of flow from scuppers or overboard discharges that
might damage or discolor the markings;
(iv) Block lettering and numbering must be used;
(v) The height of the letters and numbers must be in proportion to
the size of the vessel as follows: for vessels 25 meters (m) and over
in length, the height of letters and numbers must be not less than 1.0
m; for vessels 20 m but less than 25 m in length, the height of letters
and numbers must be not less than 0.8 m; for vessels 15 m but less than
20 m in length, the height of letters and numbers must be not less than
0.6 m; for vessels 12 m but less than 15 m in length, the height of
letters and numbers must be not less than 0.4 m; for vessels 5 m but
less than 12 m in length, the height of letters and numbers must be not
less than 0.3 m; and for vessels under 5 m in length, the height of
letters and numbers must be not less than 0.1 m;
(vi) The height of the letters and numbers to be placed on decks
must be not less than 0.3 m;
(vii) The length of the hyphen(s), if any, must be half the height
(h) of the letters and numbers;
(viii) The width of the stroke for all letters, numbers and hyphens
must be h/6;
(ix) The space between letters and/or numbers must not exceed h/4
nor be less than h/6;
(x) The space between adjacent letters having sloping sides must
not exceed h/8 nor be less than h/10;
(xi) The marks must be white on a black background, or black on a
white background;
(xii) The background must extend to provide a border around the
mark of not less than h/6; and
(xiii) The marks and the background must be maintained in good
condition at all times.
4. In Sec. 300.15, paragraph (c) is added to read as follows:
Sec. 300.15 Prohibitions.
* * * * *
(c) Use a high seas fishing vessel on the high seas that is not
marked in accordance with section 300.14.
5. In Sec. 300.16, the section is revised to read as follows:
Sec. 300.16 Penalties.
(a) Any person, any high seas fishing vessel, the owner or operator
of such vessel, or any person who has been issued or has applied for a
permit, found to be in violation of the Act, this subpart, or any
permit issued under this subpart will be subject to the civil and
criminal penalty provisions, permit sanctions, and forfeiture
provisions prescribed by the Act, 15 CFR part 904 (Civil Procedures),
and other applicable laws.
(b) Permits under this subpart may be subject to permit sanctions
prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other
applicable laws if any amount in settlement of a civil forfeiture
imposed on a high seas fishing vessel or other property, or any civil
penalty or criminal fine imposed on a high seas fishing vessel or on an
owner or operator of such a vessel or on any other person who has been
issued or has applied for a permit under any fishery resource statute
enforced by the Secretary, has not been paid and is overdue.
6. In Sec. 300.17, the section heading is revised, and text is
added to read as follows:
Sec. 300.17 Reporting.
(a) General. The operator of any vessel permitted under this
subpart must report high seas catch and effort information to the NMFS
in a manner set by this section. Reports must include: identification
information for vessel and operator; operator signature;
[[Page 34627]]
crew size; whether an observer is aboard; target species; gear used;
dates, times, locations, and conditions under which fishing was
conducted; species and amounts of fish retained and discarded; and
details of any interactions with sea turtles or birds.
(b) Reporting options. (1) For the following fisheries, a permit
holder must maintain and submit the listed reporting forms to the
appropriate address and in accordance with the time limits required by
the relevant regulations:
(i) Antarctic--CCAMLR Logbook (50 CFR 300.107);
(ii) Atlantic--Fishing Vessel Log Reports (50 CFR 648.7(b));
(iii) Atlantic Pelagic Longline--Longline Logbook (50 CFR 630.5);
(iv) Atlantic Purse Seine--Purse Seine Logbook (50 CFR 285.54);
(v) Pacific Pelagic Longline--Longline Logbook (50 CFR 660.14(a));
(vi) Eastern Pacific Purse Seine--IATTC Logbook (50 CFR 300.22); or
(vii) Western Pacific Purse Seine--South Pacific Tuna Treaty
Logbook (50 CFR 300.34).
(2) For the albacore troll fisheries in the North and South
Pacific, a permit holder must report high seas catch and effort by
maintaining and submitting the log provided by the Regional
Administrator, Southwest Region, NMFS.
(3) For other fisheries, a permit holder must report high seas
catch and effort by maintaining and submitting records, specific to the
fishing gear being used, on forms provided by the Regional
Administrator of the NMFS Region which issued the permit holder's HSFCA
permit.
(c) Confidentiality of statistics. Information submitted pursuant
to this subpart will be treated in accordance with the provisions of 50
CFR part 600 of this title.
[FR Doc. 98-16787 Filed 6-24-98; 8:45 am]
BILLING CODE 3510-22-F
