[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Proposed Rules]
[Pages 8758-8759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3545]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 120118051-1693-01]
RIN 0648-BB64


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; High Seas Transshipment Prohibitions

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS is considering promulgating regulations under the 
authority of the Western and Central Pacific Fisheries Convention 
Implementation Act (WCPFC Implementation Act) to prohibit the 
transshipment of highly migratory species (HMS) on the high seas to or 
from certain types of U.S. vessels that operate in the area of 
application of the Convention on the Conservation and Management of 
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 
(Convention). These regulations would implement certain decisions of 
the Commission for the Conservation and Management of Highly Migratory 
Fish Stocks in the Western and Central Pacific Ocean (Commission or 
WCPFC) in order to meet the obligations of the United States under the 
Convention. NMFS issues this advance notice of proposed rulemaking to 
solicit information and comments about HMS transshipment activities by 
U.S. vessels, and the potential effects of a prohibition on high seas 
transshipments in the Convention Area.

DATES: Comments must be submitted in writing by April 16, 2012.

ADDRESSES: Comments on this advance notice of proposed rulemaking 
(ANPR), identified by NOAA-NMFS-2012-0001, may be sent to either of the 
following addresses:
    <bullet> Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking portal http://www.regulations.gov; or
    <bullet> Mail: Mail written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments must be submitted to one of the two 
addresses to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent to any other address or individual, 
or received after the end of the comment period, may not be considered. 
All comments received are part of the public record and generally will 
be posted for public viewing on http://www.regulations.gov without 
change. All personal identifying information (for example, name and 
address) 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 relevant required fields if 
you wish to remain anonymous). Attachments to electronic comments will 
be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, (808) 944-2273.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This advance notice of proposed rulemaking is also accessible at 
http://www.gpoaccess.gov/fr.

Background on the Convention and the WCPFC

    The Convention Area comprises the majority of the western and 
central Pacific Ocean. A map showing the boundaries of the Convention 
Area can be found on the WCPFC Web site at: http://www.wcpfc.int/doc/convention-area-map. The Convention focuses on the conservation and 
management of HMS and the management of fisheries for HMS.
    As a Contracting Party to the Convention and a Member of the WCPFC, 
the United States is obligated to implement the decisions of the WCPFC. 
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 WCPFC. The authority to promulgate regulations has 
been delegated to NMFS.

WCPFC Decision Regarding the Prohibition of Transshipments on the High 
Seas in the Convention Area

    At its Sixth Regular Annual Session, in December 2009, the WCPFC 
adopted Conservation and Management Measure (CMM) 2009-06, 
``Conservation and Management Measure on the Regulation of 
Transhipment.'' The CMM, available with other decisions of the WCPFC at 
http://www.wcpfc.int/conservation-and-management-measures, furthers the 
objectives of Article 29 of the Convention and includes specific 
obligations for WCPFC Members, Participating Territories, and 
Cooperating Non-Members (collectively, CCMs) to regulate transshipment 
activities in the Convention Area and transshipments elsewhere of HMS 
caught in the Convention Area. NMFS is implementing the majority of the 
provisions of CMM 2009-06 in a separate rulemaking proceeding (see 
NOAA-NMFS-2011-0281 at www.regulations.gov).
    Under the Convention, CCMs are obligated with limited exceptions to 
prohibit transshipments at sea involving purse seine vessels in the 
Convention Area. NMFS has implemented this prohibition (see 50 CFR 
300.216(b)). CMM 2009-06 contains a provision obligating CCMs to 
prohibit their vessels (other than purse seine vessels) from 
transshipping HMS on the high seas in the Convention Area, subject to 
certain considerations. The prohibition does not apply to vessels for 
which the flag CCM has determined that it is impracticable for them to 
operate without being able to transship on the high seas, and has 
advised the WCPFC of such. Paragraph 37 of CMM 2009-06 sets forth 
interim guidelines for CCMs to use in making such determinations. CMM 
2009-06 calls for the WCPFC to consider adopting definitive guidelines 
in 2012.
    Under the interim guidelines, vessels are to be excepted from the 
prohibition on transshipment on the high seas when the flag CCM 
determines that: (1) The prohibition of transshipment on the high seas 
would cause a significant

[[Page 8759]]

economic hardship, which would be assessed in terms of the cost that 
would be incurred to transship or land fish at feasible and allowable 
locations other than on the high seas, as compared to total operating 
costs, net revenues, or some other meaningful measure of costs and/or 
revenues; and (2) the vessel would have to make significant and 
substantial changes to its historical mode of operation as a result of 
the prohibition of transshipment on the high seas.
    Pursuant to a number of fisheries regulations, NMFS collects data 
from vessel owners and operators on some transshipment activities. 
However, the data do not cover all transshipment activities that could 
be subject to this regulation; they do not identify the locations of 
transshipments (e.g., with respect to in-port versus at-sea, on the 
high seas versus in waters under national jurisdiction, and inside 
versus outside the Convention Area), and the types of data collected 
differ among the fishing fleets. Accordingly, the available data may 
not provide complete information on historical transshipment activities 
by U.S. vessels on the high seas in the Convention Area.
    Based on the best available data, NMFS is aware that from 1993-2009 
an average of 12 transshipments per year were conducted by the U.S. 
longline fleets operating in the area of application of the Convention, 
excluding transshipments involving the receipt of only shark fins from 
foreign-flagged vessels--an activity that was curtailed after the 
passage of the Shark Finning Prohibition Act in 2000. It is likely that 
most of these transshipments took place at sea, but it is unknown how 
many of these transshipments took place on the high seas. It also 
appears that these transshipments involved vessels in the Hawaii-based 
longline fleet and the American Samoa-based longline fleet.
    NMFS data indicate that U.S. albacore troll vessels operating in 
the Convention Area conduct at-sea transshipments. For example, from 
1990-2004 an average of 49 transshipments per year were conducted by 
U.S. albacore troll vessels in the area of application of the 
Convention. It is likely that all of these transshipments took place on 
the high seas. The available data indicate that no U.S. albacore troll 
vessel has transshipped at sea in the Convention Area since 2004.
    NMFS has no information on high seas transshipments in the 
Convention Area for vessels in the pole-and-line, handline, tropical 
troll, or any other HMS fleets.
    NMFS is issuing this advance notice of proposed rulemaking to seek 
public comment on transshipment activities by U.S. HMS fishing fleets 
in the Convention Area and the impacts that a prohibition on high seas 
transshipment would have on fishing operations. NMFS would like 
information that would help it apply the interim guidelines of CMM 
2009-06 to determine whether it would be impracticable for certain 
fishing vessels to operate without being able to transship on the high 
seas in the Convention Area. In particular, NMFS would like to receive 
information and comments from potentially affected entities and others 
on the following: (1) Transshipment activity that has occurred on the 
high seas in the Convention Area in the past; (2) transshipment 
activity that presently takes place on the high seas in the Convention 
Area; (3) transshipment activity that is likely to take place or is 
anticipated to take place on the high seas in the Convention Area in 
the future; (4) changes to fishing patterns and practices that could be 
caused by a prohibition on high seas transshipment in the Convention 
Area; and (5) the effects (economic or otherwise) that could be caused 
by a prohibition on high seas transshipment in the Convention Area.
    NMFS will consider the information and comments received in order 
to determine how best to implement the high seas prohibition provision 
of CMM 2009-06 and any applicable exceptions.

Classification

    This advance notice of proposed rulemaking has been determined to 
be not significant for the purposes of Executive Order 12866.

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

    Dated: February 9, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2012-3545 Filed 2-14-12; 8:45 am]
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