Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Rules and Regulations 283 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters 

(MSL) 

Modified 

Communities 

affected 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Somerville 

Maps are available for inspection at P.O. Box 159, Somerville, TX 77879. 

Unincorporated Areas of Burleson County 

Maps are available for inspection at 100 West Buck Street, Suite 306, Caldwell, TX 77836. 

Cherokee County, Texas, and Incorporated Areas 

Docket No.: FEMA–B–1080 

Gum Creek ............................ Just upstream of Lakeshore Drive ........................................ +429 City of Jacksonville. 

Approximately 1,700 feet upstream of Lakeshore Drive ....... +439 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Jacksonville 

Maps are available for inspection at 301 East Commerce Street, Jacksonville, TX 75766. 

DeWitt County, Texas, and Incorporated Areas 

Docket No.: FEMA–B–1065 

Gohlke Creek ........................ Just upstream of Old Clinton Road ....................................... +166 Unincorporated Areas of 

DeWitt County. 

Approximately 800 feet downstream of West Heaton Street +167 

SCS Channel ......................... Approximately 1.1 miles downstream of Old Cheapside 

Road.

+178 Unincorporated Areas of 

DeWitt County. 

Approximately 650 feet downstream of Terrell Street .......... +184 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of DeWitt County 

Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 29, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–33190 Filed 1–3–11; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 100311144–0623–02] 

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: Final rule. 

SUMMARY: NMFS hereby issues 

regulations under the Tuna Conventions 

Act of 1950 (Act), as amended, for the 

U.S. purse seine fishery operating in the 

eastern Pacific Ocean (EPO) to 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 will ensure that the United 

States satisfies its obligations under the 

Tuna Conventions Act while allowing 

controlled operational flexibility for the 

U.S. industry consistent with the IATTC 

management framework. 

DATES: These regulations become 

effective on February 3, 2011. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

final rule, including the environmental 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
284 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Rules and Regulations 

assessment (EA), the small entity 

compliance guide, and the proposed 

rule, are available via the Federal 

e-Rulemaking portal, at http://www.

regulations.gov. Those documents are 

also available from the Regional 

Administrator, Rodney R. McInnis, 

NMFS Southwest Regional Office, 501 

W. Ocean Boulevard, Suite 4200, Long 

Beach, CA 90802. The initial regulatory 

flexibility analysis (IRFA) and final 

regulatory flexibility analysis (FRFA) 

prepared for this rule are included in 

the proposed rule and this final rule, 

respectively. Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this final rule may be submitted to the 

NMFS Southwest Regional Office and 

by e-mail to OIRA_Submission@omb.

eop.gov, or faxed to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Heidi Hermsmeyer, NMFS SWR, 562– 

980–4036. 

SUPPLEMENTARY INFORMATION: On 

September 3, 2010, NMFS published a 

proposed rule in the Federal Register 

(75 FR 54078) that would revise 

regulations at 50 CFR part 300, subpart 

C, in order to implement certain 

decisions of the IATTC. The proposed 

rule was open to public comment 

through October 4, 2010. 

As a Contracting Party to the 1949 

Convention for the Establishment of an 

Inter-American Tropical Tuna 

Commission (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 Secretary of 

Commerce has delegated the authority 

to promulgate regulations 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 members and cooperating nonmembers. 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 

member and cooperating non-member 

was allocated a vessel capacity limit by 

the IATTC 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. 

The proposed rule included further 

background information, including 

information on the Convention and the 

IATTC, the international obligations of 

the United States under the Convention, 

and the basis for this action. 

New Requirements 

This final rule establishes the 

following requirements: 

(1) A vessel capacity limit for the U.S. 

purse seine fleet fishing for tuna and 

operating in the EPO of 31,775 cubic 

meters. 

When Resolution C–02–03 was 

adopted, the United States was 

authorized to have a total of 39,228 

cubic meters of total well volume 

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 reasons 

prevailing at the time regarding the 

IATTC’s consideration of implementing 

a capacity management regime, the 

United States 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. This level reflected 

the actual level of the fishing capacity 

of the U.S. tuna purse seine fleet 

operating in the EPO at the time the 

measure was adopted. 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. Since 

that time, the actual level of fishing 

effort by the United States in the EPO 

has remained well below even this self 

imposed limit. Even so, some U.S. 

vessels that would like the flexibility to 

participate in the fishery have been 

prevented from doing so. 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. 

(2) All purse seine vessels, regardless 

of size, must be on the Vessel Register 

and categorized as active under 50 CFR 

300.22(b)(1)(ii), paragraph (b)(4)(i) in 

order to be authorized to fish for tuna 

in the IATTC Convention Area. 

This rule removes the exemption that 

allowed 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 

will now be required to apply to be on 

the Vessel Register every year if they 

anticipate fishing for tunas; however, 

there is no associated cost for registering 

to 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 all vessels to 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. 

(3) Purse seine vessels that are class 

size 5 and under (363 cubic meter 

carrying capacity or less) that primarily 

fish for coastal pelagic species off the 

west coast of the United States are 

exempt from the frivolous request 

provisions for active status at 50 CFR 

300.22(b)(4)(ii). 

The frivolous request provisions 

essentially provide a disincentive to 

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 

discourage 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. By this final rule, the 

smaller vessels are now exempt from 

these provisions because it would be 

difficult, if not impossible, for the vessel 


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owners to anticipate whether 

unassociated schools of tuna would 

come within their range off the U.S. 

west coast during the summer and fall 

months in a given year. 

(4) Capacity measurements must also 

be reported in cubic meters. 

Including capacity measurements in 

cubic meters as well as metric tons is an 

administrative change. Since 2000, the 

IATTC has used well volume, in cubic 

meters, instead of weight, in metric 

tons, to measure the carrying capacities 

of vessels. Because a well can be loaded 

with different densities of fish, 

measuring carrying capacity in weight is 

subjective, as a load of fish packed into 

a well at a higher density weighs more 

than a load of fish packed at a lower 

density. Using volume as a measure of 

capacity eliminates this variability and 

standardizes measurements. The IATTC 

staff began collecting capacity data by 

volume in 1999, but has not yet 

obtained this information for all vessels. 

For vessels for which reliable 

information on well volume is not 

available, NMFS will calculate the 

estimated cubic meters of well volume 

using the estimated fish hold capacity at 

no cost to the vessel owner. This 

calculation will be based on a vessel’s 

landings history in metric tons and a 

conversion factor used by the IATTC 

(1.1705 cubic meters to 1 metric ton). 

Alternatively, vessel owners can opt to 

have a maritime surveyor assess the 

vessel capacity in cubic meters; 

however, this is not required. Switching 

to cubic meter measurements will 

benefit the IATTC and make 

measurements less subjective. 

These revisions ensure that the 

United States is satisfying its obligations 

under the Tuna Conventions Act and 

not exceeding its allotted capacity in the 

purse seine fishery. Furthermore, they 

lessen the regulatory constraints on the 

U.S. industry to allow activity by U.S. 

vessels within the IATTC capacity 

limits. 

Response to Comments 

There was a 30-day public comment 

period during which comments could 

be submitted electronically via the 

Federal e-Rulemaking portal, at http://

www.regulations.gov, or by mail. There 

was also a public hearing on September 

9, 2010, from 9 a.m. to 12 p.m. in Long 

Beach, CA. NMFS received three public 

comments during the comment period. 

One substantive comment, summarized 

below, from the American Tunaboat 

Association supported the action; one 

anonymous comment expressed a 

general objection to fishing and this 

action in particular; and one letter 

submitted by the United States 

Department of the Interior (DOI) stated 

that the proposed rule had been 

reviewed by the DOI and the DOI had 

no comments to offer. Three individuals 

participated in the public hearing via 

teleconference. No substantive issues 

were discussed during the public 

hearing. Most participants only asked 

procedural questions about the 

proposed rule and did not make 

substantive comments for the record. No 

one expressed opposition to the 

proposed action at the public hearing. 

Comment 1: The American Tunaboat 

Association represents all of the U.S. 

flag Class 6 purse seiners operating in 

the Pacific Ocean. They gave their ‘‘full 

support’’ for the procedures presented in 

the proposed rule. They ‘‘believe that 

this proposal properly reflects the rights 

of the U.S. purse seine fleet and the U.S. 

government.’’ They suggested ‘‘that the 

NMFS may want to review, or establish 

alternate procedures for the calculation 

of the cubic meters of capacity for purse 

seine vessels operating in the Eastern 

Pacific.’’ 

Response: NMFS acknowledges this 

comment in support of the action. In 

regards to the suggestion that NMFS 

review or establish alternate procedures 

for the calculation of the well volume in 

cubic meters of capacity for purse seine 

vessels, NMFS would like to clarify that 

currently there are two methods NMFS 

can use to calculate the well volume of 

a vessel in cubic meters. By default, for 

vessels that do not already have reliable 

information on well volume, NMFS will 

calculate the estimated cubic meters of 

well volume using the estimated fish 

hold capacity based on a vessel’s 

landings history in metric tons and a 

conversion factor used by the IATTC 

(1.1705 cubic meters to 1 metric ton) at 

no cost to the vessel owner. If vessel 

owners prefer, they can opt to have a 

maritime surveyor assess the vessel 

capacity of the well volume in cubic 

meters; however, this is not necessary. 

Changes From the Proposed Rule 

The wording of § 300.22(b)(1), which 

allows 32 once-per-year fishing trips in 

the ETP for South Pacific Tuna Treaty 

purse seine vessels without being added 

to the IATTC’s Vessel Register, is 

revised in this final rule to clarify that 

the exception applies to each vessel that 

fishes in compliance with the 90-day 

limit and other requirements of the 

regulations. The previous wording 

could have been read to mean that the 

90-day and other conditions were 

imposed on the vessels as a group. 

Furthermore, a process is established 

under which NMFS would 

communicate to the rest of the fleet 

when all 32 one-time trips have been 

used, so they know that no more trips 

are available under this exception. 

Although no more than a handful of 

these 32 trips have been used in any 

calendar year in the past, if all 32 trips 

were used in a single year in the future, 

due process requires NMFS notify the 

owners of the vessels that would 

otherwise be eligible to make such trips 

so they know the option is no longer 

available for the year. 

There are no other changes to the 

regulatory text of the proposed rule. 

Classification 

The NMFS Assistant Administrator 

has determined that this final rule is 

consistent with the Tuna Conventions 

Act and other all applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

A final regulatory flexibility analysis 

(FRFA) was prepared. The FRFA 

incorporates the IRFA and a summary of 

the analyses completed to support the 

action. No public comments were 

received on the IRFA or on the 

economic impacts of the rule generally. 

A copy of the IRFA is available from 

NMFS (see ADDRESSES). 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained in the 

preamble and SUMMARY section of the 

proposed rule. There are no 

disproportionate economic impacts 

between small and large vessels 

resulting from this rule. Furthermore, 

there are no disproportionate economic 

impacts from this rule based on vessel 

size, gear, or homeport. Other 

compliance requirements are described 

in the IRFA. This rule is issued under 

authority of the Tuna Conventions Act. 

Description of Small Entities to Which 

the Rule Will Apply 

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 as a result of this action. As 

of October 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 


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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. 

Although this modification provides 

additional flexibility to the U.S. fleet, 

NMFS believes it is unlikely that this 

action will lead to a substantial increase 

in effort in the purse seine fishery 

operating in the EPO. 

Increasing the total aggregate carrying 

capacity of the purse seine fleet to 

31,775 cubic meters (or about 27,147 

mt) allows 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 may opt to be on the Vessel 

Register. It is estimated that the majority 

of the vessels that have the potential to 

enter the fishery are 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 are 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 final rule will increase the 

opportunity for all U.S. 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. This rule also removes 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. As previously 

mentioned, these vessels will now be 

required to apply to be on the Vessel 

Register every year if they anticipate 

fishing for tunas; however, there is no 

associated cost for registering to be on 

the IATTC Vessel Register because there 

are no IATTC observer requirements for 

vessels under class size 6. Although 

these smaller vessels are required to be 

listed on the IATTC Vessel Register, 

they are exempt from the frivolous 

request provisions. The smaller vessels 

are 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 and 

fall months in a given year. In addition, 

using cubic meters rather than metric 

tons is not likely to negatively affect 

small business entities as it is an 

administrative change, which will not 

have any associated costs. 

Steps Taken To Minimize the Economic 

Impact on Small Business Entities 

NMFS compared the effects of the 

proposed rule to three alternatives, 

including a no action alternative. 

Alternative 1 would have been the same 

as the preferred alternative; however, 

the Vessel Register list exemption for 

small purse seine vessels at 50 CFR 

300.22(b)(1)(ii) would not have been 

removed, and the frivolous request 

regulations would not have been 

amended. Thus, Alternative 1 would 

have increased 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 have been 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 have continued to be 

exempt from the requirement to be on 

the Vessel Register. The effects of this 

alternative on small business entities 

would have been similar to those 

described for the proposed action, 

except small purse seine vessels would 

have continued to be exempt from the 

requirement to be on the Vessel 

Register. If Alternative 1 had been 

adopted, the United States would have 

maintained U.S. regulations that are 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 have revised 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 have been increased upon 

approval of the action because, as noted 

earlier, there currently appears to be 

limited demand for additional vessel 

capacity. The capacity measurements 

would have been amended to be 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 have 

continued to be exempt from the 

requirement to be on the Vessel 

Register. The impacts to small business 

entities would have been similar to 

those described under Alternative 1 

with respect to not removing the 

exemption for small vessels. Alternative 

2 did not necessarily increase the 

current carrying capacity in the purse 

seine fishery, so this could have been 

disadvantageous to large and some 

small business entities that were 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. 

Under Alternative 3, the no action 

alternative, there would have been 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 have 

remained at 8,969 mt, the capacity 

measurements would have remained 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 have continued to be 

exempt from the requirement to be on 

the Vessel Register. Under this 

alternative, the United States would 

have maintained U.S. regulations that 

are less consistent with IATTC 

Resolution C–00–06 because small 

vessels that occasionally fish for tunas 

would not have been included on the 

Vessel Register. In addition, U.S. 

regulations would have continued 

constraining the carrying capacity limit 

beyond what is authorized by the 

IATTC and would have therefore 

limited the opportunity for U.S. 

businesses to participate in the fishery. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity compliance 

guides.’’ The agency shall explain the 

actions a small entity is required to take 

to comply with a rule or group of rules. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Rules and Regulations 287 

As part of this rulemaking process, a 

small entity compliance guide was 

prepared. Copies of this final rule are 

available from the Southwest Regional 

Office (see ADDRESSES), and the guide 

will be sent to all purse seine vessel 

owners that have fished for tuna in the 

IATTC Convention area since 2005. The 

guide and this final rule will be 

available upon request. 

This rule contains a collection-ofinformation requirement subject to the 

Paperwork Reduction Act (PRA) and 

which has been approved by 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 

OIRA_Submission@omb.eop.gov, or fax 

to (202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to 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 an Environmental 

Assessment (EA) on these regulations. A 

copy of the final 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, Antarctica, Canada, Exports, 

Fish, Fisheries, Fishing, Imports, 

Indians, Labeling, Marine resources, 

Reporting and recordkeeping 

requirements, Russian Federation, 

Transportation, Treaties, Wildlife. 

Dated: December 28, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 300, subpart C is 

amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart C—Eastern Pacific Tuna 

Fisheries 

■ 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 set forth 

above. 

§ 300.21 [Amended] 

■ 3. In § 300.21, remove the definition 

of ‘‘Commission’s Yellowfin Regulatory 

Area (CYRA).’’ 

■ 4. In § 300.22, revise paragraphs (b)(1), 

(b)(3), (b)(4)(i)(A), and (b)(4)(ii) to read 

as follows: 

§ 300.22 Eastern Pacific fisheries 

recordkeeping and written reports. 

* * * * * 

(b) * * * 

(1) Exception. Once per year, a vessel 

that is licensed under the South Pacific 

Tuna Treaty may exercise an option to 

fish with purse seine gear to target tuna 

in the Convention Area without being 

listed on the Vessel Register, for a 

fishing trip that does not exceed 90 days 

in duration. No more than 32 of such 

trips are allowed each calendar year. 

After the commencement of the 32nd 

such trip, the Regional Administrator 

shall announce, in the Federal Register 

and by other appropriate means, that no 

more such trips are allowed for the 

remainder of the calendar year. Under 

§ 216.24(b)(6)(iii)(C) of this title, vessel 

assessment fees must be paid for vessels 

exercising this option. 

* * * * * 

(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 metric tons and 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. 2010–33228 Filed 1–3–11; 8:45 am] 

BILLING CODE 3510–22–P 


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