Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 19611 

television market. In this respect, 

communities may be considered part of 

more than one television market. 

(b) * * * 

(1) A map or maps illustrating the 

relevant community locations and 

geographic features, station transmitter 

sites, cable system headend or satellite 

carrier local receive facility locations, 

terrain features that would affect station 

reception, mileage between the 

community and the television station 

transmitter site, transportation routes 

and any other evidence contributing to 

the scope of the market. 

(2) Noise-limited service contour 

maps (for digital stations) or Grade B 

contour maps (for analog stations) 

delineating the station’s technical 

service area and showing the location of 

the cable system headends or satellite 

carrier local receive facilities and 

communities in relation to the service 

areas. 

* * * * * 

(5) Cable system or satellite carrier 

channel line-up cards or other exhibits 

establishing historic carriage, such as 

television guide listings. 

(6) Published audience data for the 

relevant station showing its average all 

day audience (i.e., the reported 

audience averaged over SundaySaturday, 7 a.m.–1 a.m., or an 

equivalent time period) for both 

multichannel video programming 

distributor (MVPD) and non-MVPD 

households or other specific audience 

indicia, such as station advertising and 

sales data or viewer contribution 

records. 

* * * * * 

(d) A cable operator or satellite carrier 

shall not delete from carriage the signal 

of a commercial television station 

during the pendency of any proceeding 

pursuant to this section. 

(e) A market determination under this 

section shall not create additional 

carriage obligations for a satellite carrier 

if it is not technically and economically 

feasible for such carrier to accomplish 

such carriage by means of its satellites 

in operation at the time of the 

determination. 

(f) No modification of a commercial 

television broadcast station’s local 

market pursuant to this section shall 

have any effect on the eligibility of 

households in the community affected 

by such modification to receive distant 

signals from a satellite carrier pursuant 

to 47 U.S.C. 339. 

■ 4. Section 76.66 is amended by adding 

a new paragraph (d)(6) and revising 

paragraph (e)(1) introductory text to 

read as follows: 

§ 76.66 Satellite broadcast signal carriage. 

* * * * * 

(d) * * * 

(6) Carriage after a market 

modification. Television broadcast 

stations that become eligible for 

mandatory carriage with respect to a 

satellite carrier (pursuant to § 76.66) due 

to a change in the market definition (by 

operation of a market modification 

pursuant to § 76.59) may, within 30 

days of the effective date of the new 

definition, elect retransmission consent 

or mandatory carriage with respect to 

such carrier. A satellite carrier shall 

commence carriage within 90 days of 

receiving the carriage election from the 

television broadcast station. The 

election must be made in accordance 

with the requirements in paragraph 

(d)(1) of this section. 

* * * * * 

(e) Market definitions. (1) A local 

market, in the case of both commercial 

and noncommercial television broadcast 

stations, is the designated market area in 

which a station is located, unless such 

market is amended pursuant to § 76.59, 

and 

* * * * * 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

the Managing Director. 

[FR Doc. 2015–08435 Filed 4–10–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 300, 600, 660, and 665 

[Docket No. 070516126–5292–03] 

RIN 0648–AV12 

International Affairs; High Seas 

Fishing Compliance Act; Permitting 

and Monitoring of U.S. High Seas 

Fishing Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulatory 

changes to improve the administration 

of the High Seas Fishing Compliance 

Act program and the monitoring of U.S. 

fishing vessels operating on the high 

seas. The proposed rule includes, for all 

U.S. fishing vessels operating on the 

high seas, adjustments to permitting and 

reporting procedures. It also includes 

requirements for the installation and 

operation of enhanced mobile 

transceiver units for vessel monitoring, 

carrying observers on vessels, reporting 

of transshipments taking place on the 

high seas, and protection of vulnerable 

marine ecosystems. This proposed rule 

has been prepared to minimize 

duplication and to be consistent with 

other established requirements. 

DATES: Written comments must be 

received by May 13, 2015. 

ADDRESSES: Written comments on this 

action, identified by NOAA–NMFS– 

2015–0052, may be submitted by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0052, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. Mail: Mark 

Wildman, Trade and Marine 

Stewardship Division, Office for 

International Affairs and Seafood 

Inspection, NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Comments must be submitted by one 

of the above methods to ensure that the 

comments are received, documented, 

and considered by NMFS. Comments 

sent by any other method, to any other 

address or individual, or received after 

the end of the comment period may not 

be considered. All comments received 

are a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(such as name or address) submitted 

voluntarily by the sender will 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). 

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 Mark 

Wildman, NMFS, Office for 

International Affairs and Seafood 

Inspection (see address above) and by 

email to OIRA_Submission@

omb.eop.gov or fax to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Mark Wildman, Trade and Marine 

Stewardship Division, Office for 

International Affairs and Seafood 

Inspection, NMFS (phone 301–427– 

8386 or email mark.wildman@

noaa.gov). 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
19612 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 

SUPPLEMENTARY INFORMATION: 

Background 

The purposes of the High Seas Fishing 

Compliance Act (HSFCA; 16 U.S.C. 

5501 et seq.) are (1) to implement the 

Food and Agriculture Organization of 

the United Nations (FAO) Agreement to 

Promote Compliance with International 

Conservation and Management 

Measures by Fishing Vessels on the 

High Seas (Compliance Agreement) and 

(2) to establish a system of permitting, 

reporting and regulation for vessels of 

the United States fishing on the high 

seas. 16 U.S.C. 5501. ‘‘High seas’’ is 

defined in the HSFCA and its 

implementing regulations as 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. 16 U.S.C. 5502 (3); 50 

CFR 300.11. 

The HSFCA authorizes a system of 

permitting U.S. fishing vessels that 

operate on the high seas to satisfy the 

obligation of Parties to the Compliance 

Agreement (Parties) to require that 

fishing vessels flying their flags obtain 

specific authorization to operate on the 

high seas. The HSFCA requires the 

Secretary of Commerce (Secretary) to 

establish conditions and restrictions on 

each permit issued under HSFCA as 

necessary and appropriate to carry out 

the obligations of the United States 

under the Compliance Agreement. 16 

U.S.C. 5503 (d). At a minimum, such 

conditions and restrictions must include 

the marking of the permitted vessel in 

accordance with the FAO Standard 

Specifications for the Marking and 

Identification of Fishing Vessels, and 

reporting of fishing activities. Parties are 

also responsible for ensuring that their 

authorized vessels do not undermine 

conservation and management 

measures, including those adopted by 

international fisheries management 

organizations, or by treaties or other 

international agreements. Accordingly, 

the HSFCA prohibits the use of fishing 

vessels on the high seas in 

contravention of international 

conservation and management measures 

recognized by the United States. 16 

U.S.C. 5505 (1). A list of the 

international conservation and 

management measures recognized by 

the United States is published by NMFS 

in the Federal Register from time to 

time in consultation with the Secretary 

of State, as required by section 5504(e) 

of the HSFCA. The last such notice was 

published on May 19, 2011 (76 FR 

28954). NMFS reinforces this 

prohibition by requiring a high seas 

fishing permit for any vessel operating 

on the high seas and, in that permit, 

authorizing only those activities that 

would not undermine international 

conservation and management measures 

recognized by the United States. The 

HSFCA also gives NMFS discretion to 

impose permit terms and requirements 

pursuant to other applicable law, such 

as the Endangered Species Act, the 

Marine Mammal Protection Act, in 

addition to international conservation 

and management measures recognized 

by the United States. See Turtle Island 

Restoration Network v. National Marine 

Fisheries Service, 340 F.3d 969 (9th Cir. 

2003). 

Finally, the HSFCA authorizes NMFS 

to promulgate regulations ‘‘as may be 

necessary to carry out the purposes of 

the Agreement and [the Act],’’ including 

its permitting authorities. In 

promulgating such regulations, NMFS 

shall ensure that ‘‘[t]o the extent 

practicable, such regulations shall also 

be consistent with regulations 

implementing fishery management 

plans under the Magnuson-Stevens 

Fishery Conservation and Management 

Act,’’ 16 U.S.C. 1801 et seq., which 

provides broad authority to establish 

measures for the conservation and 

management of fisheries, id. 

1853(b)(14). 

Regulations implementing the HSFCA 

were first promulgated in 1996 (61 FR 

11751, March 22, 1996). The initial 

regulations included application and 

issuance procedures for high seas 

fishing permits. Subsequent regulations 

promulgated in 1999 (64 FR 13, January 

4, 1999) specified how high seas fishing 

vessels must be marked for 

identification purposes and required 

reporting by vessel owners and 

operators of catch and fishing effort 

when fishing on the high seas. 

An objective of this rulemaking is to 

codify NMFS’ procedures for review of 

its high seas fishing authorizations 

under environmental laws, particularly 

the Endangered Species Act (ESA) and 

National Environmental Policy Act 

(NEPA). Another objective of this 

proposed rule is to improve the 

monitoring of U.S. fishing vessels 

operating on the high seas. Improving 

such monitoring would enhance the 

U.S. government’s ability to ensure 

compliance with international 

conservation and management measures 

with respect to U.S. fishing vessels 

operating on the high seas. Furthermore, 

this proposed rule adds a section 

describing how NMFS will, through 

high seas permit conditions, address 

impacts to vulnerable marine 

ecosystems from bottom fishing 

consistent with international 

conservation and management measures 

recognized by the United States. 

NMFS is proposing substantive 

changes to the HSFCA regulations at 50 

CFR part 300, subpart B, and also 

redesignation of the regulations as 

Subpart Q. Table 1 shows how the 

sections currently in Subpart B would 

be redesignated in Subpart Q. The 

substance of the following sections 

would not be changed: § 300.10 

(redesignated to 300.330) and 

§ 300.13(a) (redesignated to 300.333(a)). 

Other sections are new or would be 

modified per this rulemaking, as 

explained below. 

TABLE 1—REDESIGNATION OF SECTIONS IN 50 CFR PART 300, SUBPART B TO SUBPART Q 

Proposed subpart Q sections Current subpart B sections 

300.330 Purpose ............................................................................................................................................. 300.10. 

300.331 Definitions .......................................................................................................................................... 300.11. 

300.332 Issuing offices .................................................................................................................................... 300.12. 

300.333 Vessel permits ................................................................................................................................... 300.13. 

300.334 Fisheries authorized on the high seas .............................................................................................. New section. 

300.335 Bottom fishing .................................................................................................................................... New section. 

300.336 Vessel identification ........................................................................................................................... 300.14. 

300.337 Requirements for Enhanced Mobile Transceiver Units .................................................................... New section. 

300.338 Observers .......................................................................................................................................... New section. 

300.339 Transshipment on the high seas ....................................................................................................... New section. 

300.340 Prohibitions ........................................................................................................................................ 300.15. 

300.341 Reporting ........................................................................................................................................... 300.17. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 19613 

Coordination With Other Laws 

U.S. vessels fishing on the high seas 

are subject to the requirements of 

multiple U.S. regulations and laws, 

depending on the geographic area of the 

fishing activity, gear used, target fish 

species, and other factors. Such vessels 

can be subject to regulations that 

implement fishery management plans 

(FMPs) adopted pursuant to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) and laws and regulations 

implementing international fisheries 

agreements. Section 105 of the HSFCA 

specifies that regulations should 

minimize duplication of license 

application and reporting requirements 

contained in other regulations 

applicable to U.S. vessels used for 

fishing on the high seas and, to the 

extent practicable, such regulations 

must be consistent with regulations 

implementing FMPs under the 

Magnuson-Stevens Act. 16 U.S.C. 5504 

(d). Recognizing that the HSFCA 

requirements can overlap with other 

requirements, this proposed rule has 

been prepared to minimize duplication 

and to be consistent with other 

applicable requirements. 

In addition to the HSFCA, the 

following FMPs and laws, and their 

associated regulations, have provisions 

that may apply to U.S. vessels’ fishing 

activities on the high seas: 

• Fishery Ecosystem Plan for Pacific 

Pelagic Fisheries of the Western Pacific 

Region and its amendments, 50 CFR 

part 665, subpart F, 

• FMP for U.S. West Coast Fisheries 

for Highly Migratory Species and its 

amendments, 50 CFR part 660, subpart 

K, 

• 2006 Consolidated Atlantic Highly 

Migratory Species FMP and its 

amendments, 50 CFR part 635, 

• Atlantic Tunas Convention Act of 

1975, 16 U.S.C. 971 et seq., 

• Antarctic Marine Living Resources 

Convention Act of 1984, 16 U.S.C. 2431 

et seq., 

• Northwest Atlantic Fisheries 

Convention Act of 1995, 16 U.S.C. 5601 

et seq., 

• South Pacific Tuna Act of 1988, 16 

U.S.C. 973 et seq., 

• Tuna Conventions Act of 1950, 16 

U.S.C. 951 et seq., 

• Western and Central Pacific 

Fisheries Convention Implementation 

Act, 16 U.S.C. 6901 et seq., 

• Endangered Species Act, 16 U.S.C. 

1531 et seq., and 

• Marine Mammal Protection Act, 16 

U.S.C. 1361 et seq. 

Any person subject to the jurisdiction 

of the United States must abide by the 

take prohibitions of, and all applicable 

regulations implemented under, the 

ESA and the Marine Mammal Protection 

Act (MMPA) on U.S. territory, in U.S. 

waters, and on the high seas, which 

includes, for the purposes of the MMPA 

and ESA, waters within foreign nations’ 

Exclusive Economic Zones (EEZ) up to 

the seaward boundaries of the territorial 

seas of such nations. For all authorized 

high seas fisheries, NMFS issues 

permits only after a determination, in 

accordance with section 7 of the ESA 

and in consultation within NMFS or 

with the U.S. Fish and Wildlife Service 

as appropriate, that the authorization of 

the fishery on the high seas is not likely 

to jeopardize the continued existence of 

endangered and threatened species. 16 

U.S.C. 1536. Such consultations can 

result in permit conditions to minimize 

impacts on threatened and endangered 

species. 

Since 2009, fisheries on the high seas 

have been included in the List of 

Fisheries published each year pursuant 

to the MMPA. 16 U.S.C. 1387(c)(1). The 

List of Fisheries classifies U.S. 

commercial fisheries into one of three 

categories based on an estimated level of 

mortality and serious injury of marine 

mammal stocks incidental to 

commercial fishing operations. See 50 

CFR 229.2. Category I and II fisheries are 

those in which incidental injury or 

death of marine mammals is frequent or 

occasional, respectively. Category II 

fisheries may also include fisheries for 

which reliable information about the 

frequency of incidental injury or 

mortality is lacking. Eligible commercial 

fisheries not specifically identified in 

the list of fisheries are deemed to be 

Category II fisheries until the next list of 

fisheries is published. Category III 

fisheries are determined to have a 

remote likelihood of, or no known, 

incidental mortality or serious injury of 

marine mammals. 

The majority of high seas fisheries are 

classified as Category II because of the 

lack of information on the frequency of 

incidental mortality and serious injury 

of marine mammals in the fisheries. 

Other high seas fisheries are classified 

as Category I, II or III because they are 

considered extensions of fisheries taking 

place within U.S. waters and therefore 

are classified in the same category as 

those fisheries. Owners of vessels with 

gear that fall within a Category I or II 

fishery are required under the MMPA 

regulations, as described in 50 CFR 

229.4 to 229.7, to (1) register with NMFS 

and obtain a marine mammal 

authorization certificate to lawfully take 

a marine mammal incidental to 

commercial fishing and (2) carry an 

observer if requested by NMFS. MMPA 

regulations do not require owners of 

vessels or gear engaged in a Category III 

fishery to register with NMFS, obtain a 

marine mammal authorization 

certificate, or, except in limited 

circumstances, carry an observer 

pursuant to MMPA regulations. 

The owner or operator of a vessel 

participating in a commercial fishery 

listed on the List of Fisheries, regardless 

of classification, is required to report 

any injury or death of a marine mammal 

incidental to commercial fishing 

operations to NMFS within 48 hours of 

returning from a fishing trip. 50 CFR 

229.6. 

Proposed Requirements for High Seas 

Fishing Vessels 

The following sections provide 

further detail regarding proposed 

requirements for the permit application 

process, enhanced mobile transceiver 

units for vessel monitoring, observer 

coverage, transshipment on the high 

seas, and protection of vulnerable 

marine ecosystems on the high seas. A 

reference to the HSFCA would also be 

added to 50 CFR parts 600 and 660, 

specifically § 600.705 and § 660.2, 

which list laws related to the 

Magnuson-Stevens Act, to alert fishers 

who may be interested in fishing on the 

high seas to the requirements in 50 CFR 

part 300. Also, a proposed revision of 

§ 600.745(a) would encourage any 

person who intends to conduct 

scientific research on the high seas to 

obtain a Letter of Acknowledgement 

from NMFS, as is currently done for 

such activities in U.S. waters. 

Adjustments would also be made to 

other parts of CFR Title 50 because of 

the redesignation of Subpart B to 

Subpart Q. 

Definitions 

Consistent with 16 U.S.C. 5502(4), 

NMFS proposes to revise the definition 

of ‘‘high seas fishing vessel’’ in 50 CFR 

300.331 by adding the word ‘‘and’’ as 

underlined below to clarify that this 

term means any vessel of the United 

States used or intended for use: (1) On 

the high seas, (2) for the purpose of the 

commercial exploitation of living 

marine resources, and (3) as a 

harvesting vessel, mother ship, or any 

other support vessel directly engaged in 

a fishing operation. To clarify the 

meaning of support vessels directly 

engaged in a fishing operation, 

examples are included in the definition 

(vessels that transship fish on the high 

seas, provide supplies or fuel on the 

high seas to other fishing vessels, or 

conduct other activities in support of, or 

in preparation for, fishing). 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
19614 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 

This rule proposes to revise the 

regulatory definition of ‘‘international 

conservation and management 

measures’’ by adding the following 

sentence from the HSFCA definition: 

‘‘Such measures may be adopted by 

global, regional, or sub-regional fisheries 

organizations, subject to the rights and 

obligations of their members, or by 

treaties or other international 

agreements.’’ The change clarifies that 

commitments made by the United States 

at international fisheries management 

fora can be included in the term 

‘‘international conservation and 

management measures’’ to the extent 

necessary and appropriate to carry out 

U.S. obligations under the Compliance 

Agreement or for purposes of the 

HSFCA. 

Definitions of bottom fishing, 

enhanced mobile transceiver unit, 

transship, and vessel monitoring system 

would be added to the HSFCA 

regulations and are discussed in the 

relevant sections below. 

Issuing Offices 

Section 300.12, redesignated as 

§ 300.332, would be revised to specify 

that the Director of the NMFS Office for 

International Affairs and Seafood 

Inspection, as well as Regional 

Administrators, may issue high seas 

fishing permits for any authorized high 

seas fishery. 

Vessel Permits 

The permitting requirement under the 

HSFCA for vessels operating on the high 

seas, currently set forth at § 300.13 

(redesignated as § 300.333), has been in 

effect since 1996. In general, any U.S. 

vessel is eligible for a high seas fishing 

permit unless that vessel had a permit 

from a foreign nation that was 

suspended and the suspension has not 

expired or, during the 3 years prior to 

the application date, the permit was 

withdrawn due to the vessel 

undermining the effectiveness of an 

international conservation and 

management measure. 

High seas fishing permits are issued at 

any time of the year and are valid for 5 

years from the date of issuance, as 

provided in the HSFCA. 16 U.S.C. 

5503(f). For a permit to remain valid 

until its expiration date, the vessel’s 

U.S. Coast Guard documentation or state 

registration must be kept current. A 

permit becomes immediately void when 

the name of the owner or vessel changes 

or, in the event the vessel is no longer 

eligible for U.S. documentation, such 

documentation lapses or is revoked or 

denied, or the vessel is removed from 

such documentation. § 300.333(d)(4). 

In developing this proposed rule, 

NMFS evaluated an option to rely on 

fishery-specific permits for U.S. vessels 

operating on the high seas, other than 

the HSFCA permit program, to authorize 

high seas fishing activities. However, by 

continuing to require a separate high 

seas fishing permit, in addition to any 

permit required for the authorized high 

seas fishery in which the HSFCA permit 

applicant intends to fish, NMFS is able 

to maintain a separate and more precise 

record of vessels permitted to fish on 

the high seas and submit information 

from this record to the FAO as required 

in the Compliance Agreement. FAO 

compiles records of vessels authorized 

to fish on the high seas from the Parties 

to the Compliance Agreement. The 

separate high seas fishing permit, 

required under the existing regulations 

to be carried on board the vessel, is also 

useful in demonstrating to any domestic 

inspectors, any foreign inspectors 

operating under the authority of a high 

seas boarding and inspection scheme 

adopted by an RFMO to which the 

United States is party, or any foreign 

port inspectors, that a vessel is 

authorized to fish on the high seas. 

The proposed rule (§ 300.333(b)) 

provides that any high seas fishing 

vessel engaging in fishing, as defined 

under § 300.2, on the high seas must 

have on board a valid permit issued 

under this subpart. Under this new 

paragraph and the revised definition of 

high seas fishing vessel, harvesting 

vessels, as well as vessels that are 

involved in processing or transshipment 

of fish on the high seas in fisheries 

where such activity is allowed, or 

providing supplies or fuel on the high 

seas to a fishing vessel, must obtain a 

high seas fishing permit prior to 

undertaking those activities. 

Under proposed § 300.333(c)(3), 

applicants would also need to submit a 

color, bow-to-stern, side-view 

photograph of the vessel in its current 

form and appearance legibly showing 

vessel name and identification markings 

with each application. Vessel 

photographs would be made available 

for use by NMFS, other agencies, 

RFMOs, and other entities as an aid in 

identifying vessels authorized to fish on 

the high seas. 

In proposed § 300.333(d), the existing 

timeframe for issuance of permits would 

be amended in light of changes in the 

technology now used to issue permits, 

which allow faster turnaround in permit 

processing. Specifically, NMFS will 

issue HSFCA permits within 15 days of 

receipt of a complete application and 

associated fees, rather than 30 days as 

provided in the existing HSFCA 

regulations. See § 300.13(e). 

Proposed § 300.333(g) would clarify 

the need for high seas permit renewal 

applicants to comply with all applicable 

reporting requirements before a new 

permit would be issued. 

The rule would also add, at 

§ 300.333(h), a reference to MMPA 

requirements noting that high seas 

permits do not authorize vessels or 

persons subject to the jurisdiction of the 

United States to take marine mammals. 

Section 300.333(i) of the proposed 

rule would allow NMFS to modify, 

suspend, or revoke high seas permits if 

permitted activities impact living 

marine resources in ways that were not 

foreseen or anticipated at the time of 

permit issuance or are in contravention 

of an international conservation and 

management measure or are in violation 

of any provision of domestic law. Such 

flexibility is needed because high seas 

fishing permits are valid by law for 5 

years. In the event that NMFS 

determines that a permit must be 

modified, suspended or revoked, NMFS 

would provide written notification to 

the permit holder at its address of 

record. A permit modification, 

suspension or revocation under this 

section is not an enforcement-related 

permit modification, suspension or 

revocation subject to the process and 

procedures in subpart D of 15 CFR part 

904. 

Fisheries Authorized on the High Seas 

NMFS issues high seas fishing 

permits only for fisheries where high 

seas fishing activities have been 

analyzed in accordance with the ESA, 

NEPA and other applicable law. Such 

analyses have been completed for the 

following fisheries: 

• 50 CFR part 300, subpart C— 

Eastern Pacific Tuna Fisheries 

• 50 CFR part 300, subpart D—South 

Pacific Tuna Fisheries 

• 50 CFR part 300, subpart G— 

Antarctic Marine Living Resources 

• 50 CFR part 635—Atlantic Highly 

Migratory Species Fisheries 

• 50 CFR part 660, subpart K—U.S. 

West Coast Fisheries for Highly 

Migratory Species 

• 50 CFR part 665, subpart F— 

Western Pacific Pelagic Fisheries 

• South Pacific Albacore Troll 

Fishing 

• Northwest Atlantic Fisheries 

Under existing regulations at 50 CFR 

300.212, vessels that fish on the high 

seas 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 must have a valid 

Western and Central Pacific Fisheries 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 19615 

Commission (WCPFC) Area 

Endorsement. Vessels must obtain or 

hold a valid high seas fishing permit to 

be eligible to receive the WCPFC Area 

Endorsement. 

At the time of publication of this 

proposed rule, approximately 600 U.S. 

fishing vessels are permitted under the 

HSFCA to operate on the high seas. 

These vessels are authorized to operate 

in one or more of the above-authorized 

fisheries as specified on their high seas 

fishing permits. 

NMFS proposes a new section 

300.334 that lists the fisheries 

authorized on the high seas, provides 

for issuance of and changes to high seas 

fishing permits for fisheries on the list, 

and provides for changes to the list. 

Through these provisions, NMFS seeks 

to reinforce U.S. vessels’ compliance 

with all domestic requirements when 

they are operating on the high seas. 

Under proposed § 300.334(a), 

applicants for high seas fishing permits 

must identify in their application which 

of the authorized fisheries from the list 

they plan to fish in. In addition, prior 

to applying for a high seas permit, 

applicants would need to obtain any 

permits or other types of authorizations 

required to participate in an authorized 

fishery. As a condition of the HSFCA 

permit (once issued), the holder must 

abide by all applicable requirements 

associated with the underlying 

authorized fishery, as well as the terms 

and conditions of the high seas fishing 

permit, the HSFCA regulations, and any 

other applicable laws and regulations. 

As noted earlier, high seas fishing 

permits are valid for five years from date 

of issuance (§ 300.333(d)), and this 

proposed rule would not alter the 

duration of validity. If, after receiving a 

permit, the owner or operator of the 

vessel seeks to change the authorized 

fisheries in which he or she operates on 

the high seas, he or she would need to 

request in writing such a change from 

NMFS and obtain any permits 

associated with the authorized fisheries. 

After confirming that the applicant has 

been issued any other necessary 

permits, and meets all other applicable 

criteria, NMFS would issue a new high 

seas fishing permit per the process in 

§ 300.333(d) with the change in the 

authorized fisheries. The revised permit 

would be valid for the remainder of the 

original 5-year period. 

Section 300.334(d) would provide 

that NMFS may add other fisheries to 

the list of authorized fisheries after 

completing any needed analyses under 

the ESA, NEPA, and other applicable 

law or policy. NMFS would add 

fisheries to the list through rulemaking. 

While NMFS may decide on its own to 

propose to add a fishery to the list, this 

proposed rule would include 

procedures at § 300.334(e) for a person 

to request that NMFS consider adding a 

fishery. The request would need to be in 

writing with a description of the species 

(target and incidental) expected to be 

harvested, the anticipated amounts of 

harvest and incidental catch, the 

approximate times when and places 

where fishing would take place, 

approximate number and types of 

vessels participating, or expected to 

participate, in the fishing activity, and 

the type, size, and amount of gear to be 

used. The request would also need to 

describe the specific area(s) that may be 

affected by the fishing activities and any 

anticipated impacts on the environment, 

including impacts on fish stocks, marine 

mammals, and species listed as 

threatened or endangered under the 

ESA or their critical habitat. If requested 

by NMFS, the applicant would be 

required to submit additional 

supporting information for NMFS to 

make determinations under the ESA, 

NEPA, or other applicable law or policy. 

Given the transboundary nature of many 

high seas fisheries and the potential 

impact of newly authorized high seas 

fisheries on domestic fishery 

management programs, NMFS would 

work with relevant NMFS regional 

office(s) and consult with Regional 

Fishery Management Council(s) to 

evaluate requests to authorize new high 

seas fisheries and, as part of that 

process, would publish a proposed rule 

in the Federal Register to gather public 

comment on such requests. Information 

received during the comment period 

may be considered by NMFS, working 

in conjunction with the relevant NMFS 

regional office(s) and in consultation 

with Regional Fishery Management 

Council(s), in its analysis to determine 

whether to authorize the fishery. Based 

on the analysis and other relevant 

considerations, NMFS would publish its 

determination in the Federal Register 

whether to add the fishery to the list of 

authorized high seas fisheries. 

Section 300.334 (d), describes several 

factors that would be taken into account 

when considering the deletion of a 

fishery from the list of authorized 

fisheries including whether 

continuation of the fishery would 

contravene international conservation 

and management measures recognized 

by the United States or U.S. laws or 

regulations. For example, NMFS would 

remove a fishery from the list if vessels 

of the United States are no longer 

authorized to catch fish in the area of 

competence of the relevant RFMO. 

Proposals to remove a fishery from the 

list of authorized fisheries (i.e., deauthorize the fishery), as well as any 

necessary changes to other regulations 

in this chapter and 50 CFR part 600, 

would be published in the Federal 

Register as a proposed rule with an 

opportunity for public comment. NMFS 

would then publish its final 

determination on deleting the fishery 

from the list of fisheries in the Federal 

Register. In addition, NMFS would 

provide notice of a deletion of an 

authorized fishery to those permit 

holders that have the authorized fishery 

specified on their high seas fishing 

permit and to the public via the NMFS 

Web site. Permit holders would no 

longer be able to fish in high seas 

fisheries that are no longer authorized, 

but may request authorization to fish in 

other, still authorized, high seas 

fisheries. If requested, and as 

appropriate, NMFS would void the 

original permit and issue the permit 

holder a revised permit, valid for the 

remainder of the original 5 year period, 

for operations in another authorized 

fishery. 

Protecting Vulnerable Marine 

Ecosystems From Significant Adverse 

Impacts of Bottom Fishing 

Many RFMOs recognize the need to 

protect vulnerable marine ecosystems 

(VMEs) located on the high seas from 

certain bottom fishing practices and are 

taking steps for their protection. 

Through this proposed rule, the United 

States would be similarly taking steps to 

protect VMEs. The characteristics of 

VMEs are described in the FAO 

International Guidelines for the 

Management of Deep-sea Fisheries in 

the High Seas. These FAO Guidelines 

give examples of species groups, 

communities and habitat forming 

species that may contribute to the 

formation of VMEs, such as certain 

coldwater corals and hydroids, some 

types of sponge dominated 

communities, and seep and vent 

communities comprised of invertebrate 

and microbial species found nowhere 

else. Examples of topographic, 

hydrophysical or geological features that 

potentially support these and other 

species include seamounts, guyots, 

banks, knolls, hills and hydrothermal 

vents. 

The United Nations General Assembly 

(UNGA), through annual sustainable 

fisheries resolutions, calls upon States, 

both individually and cooperatively 

through RFMOs, to ensure that bottom 

fishing activities do not have significant 

adverse impacts on VMEs. The United 

States has strongly promoted the 

adoption of measures to protect VMEs 

by relevant RFMOs. 


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The UNGA resolutions call on RFMOs 

with competence over bottom fishing 

activities or flag States in areas where 

RFMOs have not taken action or areas 

where there are no relevant RFMOs to: 

(1) Assess, on the basis of the best 

available scientific information, whether 

individual bottom fishing activities 

would have significant adverse impacts 

on VMEs, and to ensure that if 

significant adverse impact is likely to 

occur, such activities are managed to 

prevent such impacts or not authorized 

to proceed; 

(2) Identify areas where VMEs occur 

or are likely to occur and assess bottom 

fishing impacts on such ecosystems; 

(3) Close such areas to bottom fishing 

unless conservation and management 

measures have been established that 

prevent significant adverse impacts to 

VMEs; and 

(4) Cease bottom fishing activities in 

areas where, in the course of fishing 

activities, VMEs are encountered and 

report these encounters to a relevant 

authority. 

In its International Guidelines for the 

Management of Deep-sea Fisheries in 

the High Seas, the FAO identifies 

impacts as significantly adverse if they 

compromise ecosystem integrity, such 

as ecosystem structure or function, by 

impairing the ability of affected 

populations to replace themselves, 

degrading the long-term natural 

productivity of habitats, or causing, on 

a more than temporary basis, significant 

loss of species richness, habitat or 

community types. 

Several RFMOs have competence over 

bottom fishing activities. Four of these 

RFMOs existed prior to the most recent 

publication in the Federal Register of 

international conservation and 

management measures recognized by 

the United States: Commission for the 

Conservation of Antarctic Marine Living 

Resources (CCAMLR), Northeast 

Atlantic Fisheries Commission 

(NEAFC), Northwest Atlantic Fisheries 

Organization (NAFO), and Southeast 

Atlantic Fisheries Organization 

(SEAFO). Each of these four bodies 

adopted conservation and management 

measures in accordance with UNGA 

resolutions 61/105 and 64/72 related to 

protection of VMEs. The United States 

is a member of CCAMLR and NAFO, 

and thus, is obligated to abide by their 

conservation and management 

measures. The United States recognizes 

the conservation and management 

measures adopted by NEAFC and 

SEAFO under the HSFCA, and thus 

prohibits U.S. fishing vessels from 

acting in contravention of them (76 FR 

28954, May 19, 2011). 

The UNGA resolutions call upon 

States to develop new RFMOs in areas 

where no organization or arrangement 

with the competence to manage bottom 

fisheries exists and to develop and agree 

to implement interim measures until 

binding conservation measures can be 

implemented. The United States 

participated in negotiations in the North 

and South Pacific for the establishment 

of two new RFMOs with such 

competency. In the North Pacific, a 

treaty, the Convention on the 

Conservation and Management of High 

Seas Fisheries Resources in the North 

Pacific Ocean, has been negotiated but 

has not yet entered into force. The 

United States has signed the treaty and 

is undertaking the domestic process to 

ratify the treaty. The participants have 

developed two sets of interim measures 

for the protection of VMEs, one for the 

eastern and the other for the western 

portion of the area where the treaty 

would apply. 

In the South Pacific, the Convention 

on the Conservation and Management of 

High Seas Fishery Resources in the 

South Pacific Ocean entered into force 

on August 24, 2012, creating the South 

Pacific Regional Fisheries Management 

Organisation (SPRFMO). While the 

United States is not currently a party to 

the Convention, the United States 

participates in the SPRFMO as a 

Cooperating non-Contracting Party, has 

signed the treaty, and is undertaking the 

domestic process to ratify it. SPRFMO 

adopted a conservation and 

management measure in January 2014 in 

accordance with UNGA resolutions 61/ 

105 and 64/72. 

Under § 300.335 of this proposed rule, 

bottom fishing would only be permitted 

on the high seas in accordance with 

international conservation and 

management measures recognized by 

the United States. Currently, CCAMLR, 

NAFO, NEAFC and SEAFO have such 

measures, as discussed above. A person 

seeking to engage in bottom fishing not 

subject to international conservation 

and management measures recognized 

by the United States must request 

authorization of a new high seas fishery 

as described in § 300.334(e) and then, if 

the fishery is authorized, obtain a high 

seas permit authorizing participation in 

the fishery. See ‘‘Fisheries Authorized 

on the High Seas’’ section above. NMFS 

may specify conditions in the permit to 

mitigate adverse impacts on VMEs, 

which may include the types of 

conditions that have been adopted in 

relevant RFMO measures recognized by 

the United States. Procedures for 

permits under § 300.333 and changes to 

existing permits under § 300.334 would 

be used for bottom fishing permitting. 

Consistent with the FAO’s International 

Guidelines for the Management of Deepsea Fisheries in the High Seas, NMFS is 

proposing to define bottom fishing as 

fishing using gear that is likely to 

contact the seafloor during the normal 

course of fishing operations. 

Vessel Identification 

To clarify the type of vessel length 

used in determining the required sizing 

of vessel markings, the word ‘‘overall’’ 

would be added after ‘‘length,’’ in 

§ 300.336(b)(2)(v) in the proposed rule 

(§ 300.14(b)(2)(v) in the existing 

regulations). This revision to the 

regulatory text is consistent with the 

FAO Standard Specifications for the 

Marking and Identification of Fishing 

Vessels. No other changes to this section 

are proposed. 

Requirements for Enhanced Mobile 

Transceiver Units (EMTUs) 

NMFS published a final rule for VMS 

type-approval on December 24, 2014. 

See 79 FR 77399. Those regulations are 

codified at 50 CFR part 600, subpart Q 

(national VMS regulations). As defined 

in the VMS type-approval regulations, 

vessel monitoring system, or VMS, 

refers to a satellite based surveillance 

system designed to monitor the location 

and movement of vessels using onboard 

transceiver units that send global 

positioning system location reports to a 

monitoring entity. An enhanced mobile 

transceiver unit (EMTU) is a transceiver 

or communications device, including 

antennae, dedicated message terminal 

and display, and an input device such 

as a keyboard which is installed on a 

fishing vessel, and is capable of 

supporting two-way communication, 

messaging, and electronic forms 

transmission, and is an example of the 

device that provides the vessel location 

reports as part of a VMS. 

Under § 300.337 of this proposed rule, 

NMFS would require all vessels 

permitted to operate on the high seas, or 

subject to those permitting 

requirements, to have an installed and 

activated NMFS-type-approved EMTU 

on board. NMFS will not issue or renew 

a high seas fishing permit unless the 

vessel has an installed and activated 

NMFS-type-approved EMTU that 

reports automatically to NMFS 

(§ 300.333(d)(2) and (g)). 

NOAA’s Office of Law Enforcement 

(OLE) currently type-approves EMTUs 

and mobile communication services 

(MCS) associated with the EMTUs based 

on requirements outlined in the national 

VMS regulations. OLE periodically 

publishes a list of type-approved 

EMTUs and MCS in the Federal 

Register. Vessel owners also would 


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need to comply with any other 

applicable VMS requirements set forth 

under applicable fishery-and regionspecific regulations and the national 

VMS regulations. The owner or operator 

of the vessel would need to work with 

a divisional office of the NOAA Office 

of Law Enforcement, preferably the 

office in, or nearest, the NMFS Region 

that is issuing the high seas fishing 

permit, to ensure that their EMTU 

properly reports positions to NMFS. 

This proposed rule would require the 

continuous operation of the EMTU, with 

hourly transmission of position reports 

whenever a U.S. vessel with a high seas 

permit is on the high seas. In addition, 

the vessel must comply with any other 

position reporting requirements 

applicable to the specific fisheries in 

which it is authorized to participate. 

The proposed requirement will 

strengthen NMFS’ ability to ensure that 

U.S. high seas vessels do not undermine 

international conservation and 

management measures recognized by 

the United States. 

A vessel would be exempt from these 

requirements and could power down 

the EMTU when the vessel remains at 

a dock or permanent mooring for more 

than 72 consecutive hours (referred to as 

the in-port exemption in the proposed 

rule) or when it participates in a 

domestic fishery within the U.S. EEZ, 

for 30 or more consecutive days, and 

there are no other applicable 

requirements for any EMTU or VMS 

unit operation for those activities or 

fishery (referred to as the long-term 

exemption in the proposed rule). Prior 

to powering down, the high seas permit 

holder would be required to notify the 

OLE divisional office, via email or other 

means as directed by the OLE divisional 

office, the following information: The 

vessel’s name; the vessel’s official 

number; the intent to power down the 

EMTU; the applicable exemption that 

allows for power-down; and full name, 

telephone, and email contact 

information for the vessel owner or 

operator. If the in-port exemption is 

being invoked, the high seas permit 

holder must also include in the above 

notification the name of the port where 

the vessel will be docked or at 

permanent mooring and the amount of 

time the vessel is expected to remain 

there. If the long-term exemption is 

being invoked, the high seas permit 

holder must include information in the 

above notification that describes the 

activities or fishery the vessel will be 

engaged in and estimated duration. 

When powering up the EMTU after an 

in-port exemption, the vessel owner or 

operator would need to report to the 

OLE divisional office the following 

information: That the EMTU has been 

powered up; the vessel’s name; the 

vessel’s official number; port name; 

fishery where the vessel intends to 

operate; and full name, telephone, and 

email contact information for the vessel 

owner or operator. The vessel owner or 

operator needs to make this report to the 

OLE divisional office, during office 

hours, at least 2 hours before leaving 

port or mooring. When powering up 

after a long-term exemption, the vessel 

owner or operator would need to notify 

the OLE divisional office with the 

previously described information, 

during office hours. 

When powering up after either 

exemption, the vessel owner or operator 

would need to receive email 

confirmation from the OLE divisional 

office that EMTU transmissions are 

being properly received. This 

confirmation would need to be received 

before leaving port, after an in-port 

exemption, or before entering the high 

seas or a fishery that requires EMTU 

operation, after a long-term exemption. 

Many HSFCA-permitted vessels are 

already required to operate EMTUs 

when at sea because they participate in 

fisheries with domestic EMTU 

requirements. Satisfying those 

requirements would satisfy the 

proposed HSFCA requirement, if the 

EMTU is operating at all times, 

providing hourly position reports while 

on the high seas, and the EMTU 

activation and power-down/power-up 

procedures are the same or are more 

restrictive than these proposed HSFCA 

requirements. VMS requirements that 

currently apply on the high seas include 

the following regulations: 

• § 660.712(d) for longliners in the 

U.S. West Coast fisheries for highly 

migratory species (HMS) (these units are 

owned and installed by NMFS), 

• § 665.19 for Western Pacific pelagic 

fisheries (these units are owned and 

installed by NMFS), 

• § 300.219 for Western and Central 

Pacific fisheries for HMS, 

• § 300.45 for South Pacific tuna 

fisheries, 

• § 635.69 for Atlantic HMS fisheries, 

and 

• § 300.116 for harvest of Antarctic 

marine living resources. 

High seas fishing vessels that would 

need to purchase, install, activate, and 

operate EMTUs as a result of this 

proposed rule include vessels other than 

longliners participating in the U.S. West 

Coast fisheries for HMS, longline vessels 

less than 40 feet in length overall in the 

Western Pacific pelagic fisheries, vessels 

in the Atlantic HMS fisheries that do 

not use pelagic longline gear, and 

certain vessels in the Atlantic HMS 

fisheries that use shark bottom longline 

and gillnet gear. 

In the case of failure of the EMTU 

while at sea, the vessel operator, owner, 

or designee would be required to notify 

the OLE divisional office and follow 

instructions provided, which could 

include actions described under 

proposed § 300.337(e)(2). The EMTU 

would then need to be repaired or 

replaced and operating within 30 days 

or before starting the next trip, 

whichever is sooner. 

For communicating with enforcement 

authorities about the functioning of the 

EMTU and other purposes, operators of 

vessels would be required to carry on 

board and continuously monitor a twoway communication device capable of 

real-time communication with the OLE 

divisional office. The device must be 

capable of transmitting position reports, 

or the vessel must have a separate 

device for transmitting position reports, 

in the event the EMTU fails. 

The vessel owner or operator would 

be responsible for all costs associated 

with the purchase, installation and 

maintenance of the EMTU, and for all 

charges levied by the vendors as 

necessary to ensure the transmission of 

automatic position reports to NMFS. 

However, if the EMTU is being carried 

and operated in compliance with the 

requirements in 50 CFR part 300, 50 

CFR part 660, or 50 CFR part 665 

relating to the installation, carrying, and 

operation of VMS units, the vessel 

owner and operator would not be 

responsible for costs that are the 

responsibility of NMFS under those 

regulations. 

Vessel owners or operators who 

purchase an EMTU for the purpose of 

complying with Federal VMS 

regulations such as those in this rule, if 

finalized, may be eligible for a one-time 

reimbursement per vessel. See 73 FR 

24955, May 6, 2008, for details. 

Requirement for Observers 

Observers provide NMFS with 

information on fishing effort and catch 

of target species and non-target species, 

including protected species (such as 

marine mammals, sea turtles, and 

seabirds) pursuant to various legal 

authorities, including the MagnusonStevens Act, ESA, MMPA, the 

implementing legislation of 

international or regional treaties to 

which the United States is party, or 

regulations promulgated under those 

statutes. An observer under this 

proposed rule is defined as any person 

serving in the capacity of an observer 

employed by NMFS, either directly or 

under contract with a third party, or 

certified as an observer by NMFS 


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19618 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 

(§ 600.10). Under § 300.338 of this 

proposed rule, NMFS would require a 

vessel permitted pursuant to the 

HSFCA, if directed by NMFS, to carry 

an observer during a fishing trip with 

operations on the high seas. This 

requirement would not be invoked by 

NMFS if the vessel will already be 

carrying an observer pursuant to other 

legal authorities. While the vessel may 

be required to cover the costs of an 

observer under other applicable laws, 

NMFS would fund the cost of the 

observer’s salary and benefits when 

placed on board pursuant to this rule. If 

and when a mechanism is established 

whereby the fishing vessel could pay 

these costs without any conflict of 

interest, the vessel could be responsible 

for all or a portion of these costs. 

Currently, there are different fisheryspecific observer requirements. In some 

fisheries authorized on the high seas, an 

observer must be on board every fishing 

trip, such as on the Class 6 purse seine 

vessels (vessels with well volume 

carrying capacity in excess of 425 cubic 

meters) operating in the Pacific tuna 

fisheries. In others, such as the pelagic 

longline vessels in the Atlantic HMS 

fisheries, only a portion of vessel trips 

are selected for observer coverage. 

Certain fisheries on the high seas 

currently do not require carrying an atsea observer, such as the South Pacific 

albacore troll fisheries, some Class 5 

(vessels with well volume carrying 

capacity between 319 and 425 cubic 

meters) and all Class 1 to 4 purse seine 

vessels fishing in the U.S. West Coast 

Fisheries for Pacific HMS, some 

longliners in the Western Pacific pelagic 

fishery, and vessels less than 40 feet in 

length overall in the American Samoa 

longline fishery. However, these and 

any other commercial HMS vessels are 

subject to WCPFC observer deployment 

under WCPFC regulations for fishing 

trips during which the vessel at any 

time enters or is within the WCPF 

Convention Area. 

This proposed rule would allow 

NMFS to place an observer on board a 

high seas fishing vessel where observer 

coverage is not otherwise required by 

other regulations or relevant RFMO 

conservation and management 

measures. Such additional coverage 

would enhance NMFS’ ability to collect 

fishery dependent data needed for 

fishery management. A vessel would be 

selected for observer deployment using 

a sampling scheme to be developed by 

NMFS, based on the need to obtain 

information on high seas activities. 

The owner or operator of a vessel that 

is selected for observer deployment 

under this rule would be required to 

notify NMFS before commencing any 

fishing trip that takes place on the high 

seas. In the letter to the vessel owner or 

operator informing him/her of the 

selection for observer deployment, 

NMFS would specify notification 

procedures and information 

requirements such as expected gear 

deployment, trip duration, and fishing 

area. Requirements pertaining to 

observer deployment, including the 

requirement to provide the observer 

access to, for example, vessel 

communications and navigation 

equipment and cooperate with observers 

are included in the proposed rule. 

Observer safety requirements set forth at 

§ 600.746 would also apply, as well as 

the associated prohibitions in 

§ 600.725(q) through (u). These sections 

require vessels carrying observers to 

have a valid U.S. Coast Guard 

Commercial Fishing Vessel Safety decal 

and take other steps to ensure safe 

conditions aboard the vessel. 

Transshipment on the High Seas 

At-sea transshipment, defined in this 

proposed rule at § 300.331 as offloading 

or receiving or otherwise transferring 

fish or fish products from one fishing 

vessel to another, allows harvesting 

vessels to continue operations for longer 

periods when they are in waters far from 

ports. At-sea transshipment can also be 

used to obscure the origin of illegallycaught fish so that the product can be 

placed into commerce in contravention 

of regulations designed to eliminate 

illegal, unreported and unregulated 

(IUU) fishing practices. Unreported and 

unregulated transshipments at sea can 

contribute to inaccurate reporting of 

catches and can support IUU fishing 

activities. Improved oversight of 

transshipment taking place on the high 

seas would promote compliance with 

international conservation and 

management measures and help deter 

IUU fishing. 

The proposed definition of transship 

or transshipment would exclude ‘‘net 

sharing,’’ that is, the transfer of fish that 

have not yet been loaded on board any 

fishing vessel from the purse seine net 

of one fishing vessel to another fishing 

vessel. Fish would be considered to be 

on board a fishing vessel once they are 

on a deck or in a hold, or once they are 

first lifted out of the water by the vessel. 

In those instances where 

transshipment on the high seas is not 

prohibited under other legal authorities, 

this proposed rule requires that U.S. 

high seas fishing vessels involved in 

transshipment on the high seas have on 

board a high seas fishing permit 

(§ 300.333(b)). The permitting 

requirement applies to both the vessel 

offloading the fish or fish product and 

the vessel receiving the fish or fish 

product. In addition to any other 

applicable requirements, under 

§ 300.339(b), the owner or operator of a 

U.S. vessel receiving or offloading fish 

or fish product on the high seas must 

notify NMFS at least 36 hours prior to 

each transshipment event, and submit a 

report on the transshipment event 

within 15 days after the vessel first 

enters into port, using the form obtained 

from the Regional Administrator or 

Office Director who issued the high seas 

fishing permit. 

The owner or operator of U.S. vessels 

receiving or offloading fish on the high 

seas would need to include the 

following information in the prior 

notification: The vessels participating in 

the transshipment (names, official 

numbers, and vessel types); the location 

(latitude and longitude to the nearest 

tenth of a degree) of transshipment, date 

and time that transshipment is expected 

to occur, and species, processed state, 

and quantities (in metric tons) expected 

to be transshipped. Each transshipment 

would require a separate notice and 

report. As some of the information 

might be known by only the receiving 

vessel operator and some of the 

information might be known only by the 

offloading vessel operator, the operators 

of both vessels may need to exchange 

information regarding transshipment 

activities. In authorized fisheries where 

equivalent or more restrictive domestic 

transshipment notification and 

reporting regulations apply, fulfillment 

of such regulations would satisfy the 

requirements under this proposed rule. 

The following are examples of 

existing at-sea transshipment 

restrictions and reporting requirements 

that already apply to high seas fishing 

vessels (all citations are to 50 CFR): 

• § 300.24(d) of the Eastern Pacific 

Tuna Fisheries regulations prohibits the 

transshipment of purse seine caught 

tuna in the Inter-American Tropical 

Tuna Commission (IATTC) Convention 

Area. 

• § 300.112(k) requires U.S. flagged 

vessels that receive or attempt to receive 

Dissostichus species from a harvesting 

vessel at sea, regardless of whether such 

transshipment occurs in waters under 

the jurisdiction of CCAMLR, to obtain 

from NMFS a harvesting permit 

authorizing transshipment. CCAMLR 

conservation measures also require 

advance notification for transshipment 

of Antarctic marine living resources and 

other materials (e.g., bait, fuel) in the 

CAMLR Convention area. All 

transshipments of Dissostichus species 

must be reflected in the Dissostichus 

Catch Document regardless of where the 

transshipment occurs. 


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• § 635.29(a) prohibits at-sea and in 

port transshipment of any tuna or tunalike species, or other highly migratory 

species, regardless of where the fish 

were harvested. However, an owner or 

operator of a vessel for which an 

Atlantic Tunas Purse Seine category 

permit has been issued under § 635.4 

may transfer large, medium, and giant 

bluefin tuna at sea from the net of the 

catching vessel to another vessel for 

which an Atlantic Tunas Purse Seine 

category permit has been issued, 

provided the amount transferred does 

not cause the receiving vessel to exceed 

its currently authorized vessel 

allocation, including incidental catch 

limits. 

• For U.S. West Coast fisheries for 

HMS, the operators of any commercial 

fishing vessel and any recreational 

charter vessel fishing for HMS in the 

management area must fill out 

information on the date, transshipper, 

and amount transshipped on report 

forms provided by the Western Regional 

Administrator or a state agency 

(§ 660.708(a)). Thus, the albacore 

trollers, pole and line vessels, and other 

vessels that fish for HMS on the high 

seas are subject to this reporting 

requirement. 

• For Western Pacific pelagic 

fisheries, regulations set forth at 

§ 665.14(c) require operators of vessels 

receiving transshipments to keep 

records and submit information on 

transshipments that occur in the EEZ. 

Specifically, any person subject to the 

requirements set forth in § 665.801(e)— 

which pertains to longline and other 

pelagic fishing within the EEZ or 

landing or transshipping pelagic species 

within the EEZ—must maintain on 

board the vessel an accurate and 

complete NMFS transshipment logbook 

containing report forms provided by the 

Pacific Islands Regional Administrator. 

All information specified on the forms 

must be recorded on the forms within 

24 hours after the day of transshipment. 

Each form must be signed and dated by 

the receiving vessel operator. The 

original logbook for each day of 

transshipment activity must be 

submitted to the Pacific Islands 

Regional Administrator within 72 hours 

of each landing of western Pacific 

pelagic species. 

• For the WCPF Convention Area, 

NMFS regulations prohibit 

transshipments at sea involving purse 

seine vessels in the WCPF Convention 

Area as well as transshipments to and 

from purse seine vessels of fish caught 

in the WCPF Convention Area and 

transshipped outside the WCPF 

Convention Area. 50 CFR 300.216(b). 

However, net sharing between purse 

seine vessels is allowed in the WCPF 

Convention Area in limited 

circumstances. 50 CFR 300.216(c). For 

transshipments that are not prohibited, 

owners and operators of each vessel 

involved in a transshipment in the 

WCPF Convention Area or a 

transshipment of fish caught in the 

Convention Area and transshipped 

anywhere are required to complete a 

specific report form and to submit that 

form to NMFS. 50 CFR 300.218(b). 

Vessels are required to notify the 

WCPFC when such transshipment 

occurs on the high seas or when an 

emergency transshipment that would 

otherwise be prohibited occurs. Notices 

for high seas transshipments need to be 

submitted to the WCPFC at least 36 

hours before the transshipment and 

notices for emergency transshipments 

must be submitted within 12 hours after 

completion of the emergency 

transshipment. 

Prohibitions 

The proposed rule would redesignate 

the existing prohibitions in §§ 300.15 to 

300.340, and would add prohibitions to 

clarify that a high seas vessel: Must have 

on board a valid permit; may not fish on 

the high seas unless any and all permits 

related to the authorized fisheries noted 

on the high seas permit are valid; must 

follow new requirements related to the 

use of an EMTU; must follow new 

requirements with respect to observers, 

must follow new reporting requirements 

with respect to transshipments; and 

must follow reporting requirements of 

the authorized fishery(ies) noted on the 

high seas permit. 

Penalties 

NMFS proposes to remove the 

penalties section in the existing 

regulations, as these penalties are 

adequately addressed in the HSFCA 

itself and do not need to be repeated in 

these regulations. 

Catch and Effort Reporting 

Requirements 

The proposed rule would modify the 

catch and effort reporting requirements 

to clarify the information that must be 

maintained on board a vessel and 

reported to NMFS. 

Under the proposed rule, the 

references to the regulations in the 

existing version of § 300.17 would be 

removed. The references to the 

regulations of each authorized fishery 

would be provided in § 300.334 instead. 

The vessel owner and operator would be 

responsible for obtaining from their 

Regional Administrator the appropriate 

forms for their authorized fishing 

activities and submitting the reports 

within the deadlines of the authorized 

fisheries or within 15 days following the 

end of a fishing trip, whichever is 

sooner. The reference in current 

regulations to MSA confidentiality 

provisions in § 300.17(c) would be 

deleted. 

Scientific Research Activities 

Existing regulations set forth at 

§§ 600.512(a) and 600.745(a) encourage 

persons planning scientific research 

activities in the U.S. EEZ using foreign 

vessels or U.S.-flagged vessels to submit 

their research plan to the appropriate 

Regional Administrator or Science 

Center Director and obtain a letter of 

acknowledgement. Under the proposed 

rule, the phrase ‘‘or on the high seas’’ 

would be added in § 600.745(a) so that 

any person who would use a U.S. vessel 

for research activities on the high seas 

would also be encouraged to submit 

their research plan and obtain a letter of 

acknowledgement. The scientific 

research plan should be submitted 60 

days, or as soon as practicable, prior to 

the start of the research activities. This 

is not intended to inhibit or prevent any 

scientific research activity conducted on 

the high seas, and is in addition to any 

requirements that may apply to such 

research under RFMO conservation and 

management measures or other 

applicable law. 

Publication of International 

Conservation and Management 

Measures 

HSFCA section 105(e) (16 U.S.C. 

5504(e))requires the Secretary, in 

consultation with the Secretary of State, 

to periodically publish in the Federal 

Register a notice listing ‘‘international 

conservation and management measures 

recognized by the United States.’’ The 

latest listing was published on May 19, 

2011 (76 FR 28954). 

Request for Comments 

NMFS is requesting comments on any 

of the requirements or analyses 

described in the proposed rule. 

Furthermore, NMFS requests comments 

on the following topics: 

1. The time it takes to procure an 

EMTU and have it installed. Currently, 

NMFS is considering requiring that 

vessel owners have an EMTU installed 

and operational within 90 days of 

publication of the final rule; 

2. The number of hours and costs 

associated with having the EMTU 

installed by a qualified marine 

electrician; 

3. Current levels of transshipment on 

the high seas involving U.S. vessels and 

the areas where the transshipments 

occur; and 


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4. The fisheries in state waters, 

territorial seas, or within the EEZ in 

which high seas fishing vessels 

participate and details on how vessels 

transit from the high seas to those 

fisheries. 

Classification 

This proposed rule is published under 

the authority of the High Seas Fishing 

Compliance Act (16 U.S.C. 5501 et seq.). 

The NMFS Assistant Administrator has 

determined that this proposed rule is 

consistent with this and other 

applicable laws, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

Regulatory Flexibility Act 

An Initial Regulatory Flexibility 

Analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. A description of 

the action, why it is being considered, 

and the legal basis for this action are 

contained above in the first few 

paragraphs of the SUPPLEMENTARY

INFORMATION section. The analysis 

follows. A copy of the analysis is 

available from NMFS (see ADDRESSES). 

Description and Estimate of the Number 

of Small Entities 

The proposed rule would apply to 

owners and operators of U.S. fishing 

vessels operating on the high seas, 

including harvesting vessels, 

refrigerated cargo vessels, and other 

vessels used to support fishing. There 

are approximately 600 U.S. vessels 

permitted under the HSFCA to fish on 

the high seas. The majority of these 

permitted vessels are longliners, purse 

seiners, trollers, or pole and line vessels 

that fish for highly migratory species. 

There are also small numbers of 

gillnetting, squid jigging, hand or other 

lining, multipurpose, and trawl vessels. 

In this RFA analysis, an individual 

vessel is the proxy for each business 

entity. Although a single business entity 

may own multiple vessels, NMFS does 

not have a reliable means at this time to 

track ownership of multiple vessels to a 

single business entity. Based on limited 

financial information about the affected 

fishing vessels, NMFS believes that all 

the affected fish harvesting businesses, 

except for the Pacific tuna purse seine 

vessels, are small entities as defined by 

the RFA; that is, they are independently 

owned and operated and not dominant 

in their fields of operation, and have 

annual receipts of no more than $20.5 

million. 

Projecting Reporting, Record-Keeping, 

and Other Compliance Requirements 

For each element of the proposed 

rule, the analysis of impacts to small 

entities is described below. 

Permit Application Process. NMFS 

currently authorizes fisheries on the 

high seas only after appropriate reviews 

are completed pursuant to the ESA, 

MMPA, NEPA, and other applicable 

law. Applicants select from a list of 

such authorized fisheries when 

applying for a high seas fishing permit. 

The proposed rule would codify this 

procedure. Vessel owners and operators 

apply for a high seas fishing permit 

every 5 years, paying an application fee 

currently set at $129 and completing the 

application form, which is estimated to 

take 30 minutes. The rule would not 

change these burdens. 

The proposed rule would be explicit 

about the requirement that vessels 

harvesting or participating in operations 

on the high seas in support of 

harvesting, such as transshipment and 

provision of supplies or fuel, have on 

board a valid high seas fishing permit. 

NMFS expects this aspect of the 

proposed rule to result in few additional 

applications for high seas permits, if 

any, because transshipment of fish on 

the high seas is prohibited in some 

fisheries and where it is not prohibited, 

records show few instances of 

transshipment. NMFS is not aware of 

any U.S. vessels that provide supplies or 

fuel to harvesting vessels on the high 

seas. 

The rule would require a photograph 

of the high seas fishing vessel to be 

submitted with the permit application. 

The time necessary to photograph the 

vessel, print or scan the photograph, 

and attach it to the application is 

estimated to take 30 minutes per 

application. 

The proposed rule would allow a 

person, which could include an 

organization or a group of persons, to 

request NMFS add a fishery authorized 

on the high seas. A request would need 

to include the following information: 

(a) The species (target and incidental) 

expected to be harvested and the 

anticipated amounts of harvest and 

bycatch. 

(b) The approximate times and places 

fishing will take place, approximate 

number of vessels participating, and the 

type, size, and amount of gear to be 

used. 

(c) A description of the specific area 

that may be affected by the fishing 

activities. 

(d) A description of any anticipated 

impacts on the environment, including 

impacts on fish stocks, marine 

mammals, species listed as threatened 

or endangered under the ESA or their 

critical habitat. 

(e) If requested by NMFS, any 

additional information necessary for 

NMFS to conduct analyses under ESA, 

MMPA and NEPA. 

Making the request to add an 

authorized fishery is expected to take 

approximately 110 hours. This time 

would be spent gathering and compiling 

the required information. NMFS does 

not expect such requests on a regular 

basis. For the purposes of this IRFA, 

NMFS estimates that one request might 

be submitted every 5 years. The impact 

from this aspect of the proposed rule is 

not expected to be significant because 

this is not a requirement, but an option 

for the public, and such requests are 

expected to be made infrequently. 

Installation and Operation of EMTUs. 

The proposed rule would require the 

installation of EMTUs on all high seas 

fishing vessels. The EMTU would need 

to be operated at all times, except when 

the vessel will be at a dock or 

permanent mooring for more than 72 

consecutive hours, or when the vessel 

will not operate on the high seas or in 

any fishery that requires EMTU 

operation for more than 30 consecutive 

days. Notices prior to EMTU powerdown and power-up would need to be 

provided to NMFS. 

Under the proposed rule, 

approximately 200 of the currently 

permitted high seas fishing vessels 

would need to install an EMTU. The 

remaining 400 or so vessels currently 

holding high seas fishing permits are 

already subject to EMTU requirements 

and would not bear any additional 

compliance costs as a result of this 

proposed rule. 

The majority of the approximately 200 

affected vessels would likely be albacore 

trollers operating in the Pacific Ocean. 

These vessels have generally not been 

subject to VMS requirements contained 

in other regulations. The cost of 

compliance with this requirement 

includes the cost of purchase, 

installation, maintenance, and operation 

of the EMTU. The costs of purchase and 

installation are treated as one-time costs 

because this analysis shows costs just in 

the near-term future. Table 2 

summarizes the costs associated with 

the EMTU requirement in the proposed 

rule. A description of the estimates and 

calculations used in Table 2 is provided 

below the table. 


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TABLE 2—ESTIMATED COSTS OF COMPLIANCE WITH EMTU REQUIREMENTS

Description Cost 

EMTU purchase ....................................................................................................................................... Up to $3,100. 

Installation cost (one-time) ....................................................................................................................... $50–400 ($400 used for estimation). 

Daily position report costs (Hourly, 24/day; $0.06/report *24 reports/day) ............................................. $1.44. 

Annual position report cost per vessel .....................................................................................................

($1.44/day * 365 days/year) .....................................................................................................................

$525/vessel. 

Annual EMTU maintenance cost ............................................................................................................. $50–100 ($100 used for estimation). 

Total cost per vessel (Year 1; unit + installation + position reports) ....................................................... $4025. 

Total cost per vessel after reimbursement of EMTU cost (for eligible vessels only) .............................. $925. 

Cost per vessel (Year 2 and beyond; position reports and EMTU maintenance) .................................. $625/vessel. 

Number of affected vessels ..................................................................................................................... 200. 

Total cost (Year 1; total cost per vessel before reimbursement * number of affected vessels) ............. $805,000. 

Total cost (Year 2 and beyond; total cost per vessel * number of affected vessels) ............................. $125,000. 

Units would need to be installed by 

a qualified marine electrician. Based on 

experience in other fisheries with 

EMTU requirements, NMFS suggests 

that installation cost can range from $50 

to $400, depending on the vessel, 

proximity to the installer, and the 

difficulty of the installation. For 

estimation purposes, $400 was used to 

calculate the costs of compliance with 

this proposed rule. NMFS is interested 

in receiving public comment on these 

values to refine estimates of the 

economic impacts on the affected 

vessels. 

The cost of transmitting data through 

the EMTU depends on the type of 

EMTU installed and the communication 

service provider selected. For the 

purposes of this rulemaking, NMFS is 

assuming the cost of EMTU position 

data transmissions is approximately 

$0.06 per transmission. This equates to 

$1.44 per day for the location reports, at 

a rate of one transmission per hour. 

Providing position reports throughout 

the year could cost a high seas fishing 

vessel $525 (365 days per year * 24 

position reports per day * $0.06 = $525). 

The EMTU may be powered down if 

the vessel would be at the dock or 

mooring for more than 72 consecutive 

hours or if the vessel, for 30 or more 

consecutive days, would not be 

operating on the high seas or 

participating in a fishery that requires 

EMTU operation. A message notifying 

NMFS of the power-down must be sent 

to NMFS prior to powering down the 

unit and again when the EMTU will be 

powered back up. If an EMTU is 

powered down for portions of the year, 

the actual annual cost of transmitting 

position data would be less. Thus the 

annual costs of EMTU operation could 

vary among individual vessels 

depending on the number of days an 

EMTU may be powered down. 

The cost of compliance for vessel 

owners is estimated to be $4,025 per 

vessel in the first year (Table 2). This is 

the cost of compliance prior to receiving 

reimbursement for the cost of the 

EMTU. Reimbursement funds of up to 

$3,100 per VMS unit would reduce the 

cost to $925 per vessel, on average, for 

reimbursement-eligible vessels. The cost 

of operating the EMTU in year two and 

beyond would include the cost of 

sending position reports and 

maintenance and is estimated to be 

$625. 

Aside from the costs of purchase, 

installation, and operation of EMTUs, 

vessel owners or operators would need 

to spend time purchasing a unit, having 

it installed, and submitting an 

installation and activation report form. 

These steps are estimated to take an 

average of 4 hours. The notices prior to 

power-down and powering back up the 

EMTU are estimated to take 10 minutes 

each. 

The compliance cost of obtaining, 

carrying on board, and monitoring the 

required communication devices is 

expected to be zero, as NMFS believes 

all affected small entities already carry 

and monitor such devices. 

Requirement to Carry an Observer. 

Under the proposed rule, a high seas 

fishing vessel would be required to 

carry an observer for the duration of a 

fishing trip, if so selected by NMFS. 

When an observer is deployed pursuant 

to the proposed rule, NMFS would pay 

the cost of the observer’s salary and 

benefits. If and when a mechanism is 

established, through a future 

rulemaking, whereby the fishing vessel 

could pay these costs without any 

conflict of interest, the vessel could be 

responsible for all or a portion of these 

costs. Most high seas fishing vessels are 

already subject to requirements for 

carrying an observer. For example, in 

the shallow-set and deep-set longline 

sectors of the Hawaii longline fleet, 100 

percent and approximately 20 percent of 

fishing trips, respectively, are covered 

by observers. In authorized fisheries 

where observers are placed on all 

participating vessels pursuant to other 

regulations, the compliance cost of the 

proposed rule would be nil. 

In high seas fisheries where only a 

portion of the high seas fishing vessels 

are selected for observer coverage, the 

possibility of being selected to carry an 

observer would increase under this 

proposed rule. Vessels that are not 

already subject to any other observer 

requirements could be selected to carry 

observers under the proposed rule. This 

includes, but is not limited to, South 

Pacific albacore trollers, purse seine 

vessels of Class 5 or smaller 

participating in the Eastern Pacific tuna 

fisheries, and some longline vessels in 

Western Pacific pelagic fisheries. 

If a vessel is selected for observer 

coverage under this rule, the vessel 

owner or operator would be required to 

provide NMFS a notice of their next 

fishing trip. This notification is 

estimated to take 5 minutes and cost $1 

in communication costs. 

For trips on which an observer is 

deployed under this new requirement, 

the affected entity would be at least 

responsible for the costs associated with 

providing the observer with food, 

accommodations, and medical facilities. 

These costs are expected to be $20 to 

$50 per day. If the affected entity is also 

responsible for the cost of the observer’s 

salary and benefits because a 

mechanism is established whereby the 

fishing vessel pays these costs, the range 

would be $250 to $500 per day. 

Assuming a high seas fishing trip 

averages 20 days in duration, the 

estimated cost of compliance for 

accommodating an observer on a vessel 

would be between $400 and $1,000 if 

the entity is responsible for only food, 

accommodations, and medical facilities, 

or between $5,000 and $10,000 if the 

entity will also bear the cost of the 

observer’s salary and benefits. 

Transshipment Notices and Reports. 

For owners and operators of vessels 

involved in offloading or receiving a 

transshipment of fish or fish product on 

the high seas, the proposed rule would 


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require vessel owners or operators to 

provide to NMFS notice of 

transshipments at least 36 hours prior to 

any transshipment on the high seas and 

to submit to NMFS reports of 

transshipment following the 

transshipment events. 

Transshipment is also regulated under 

other applicable law. For example, in 

the Atlantic Ocean, transshipments are 

generally prohibited, with some 

exceptions. In the Pacific Ocean, purse 

seine vessels are prohibited from 

transshipping in some instances. NMFS 

is aware that during 2006 to 2009, four 

to eight vessels offloaded longlinecaught fish each year and four to eight 

vessels received longline-caught fish 

each year. It is likely that most of these 

transshipments took place at sea by the 

Hawaii-based longline fleet, but it is 

unknown how many of these 

transshipments took place on the high 

seas. NMFS also has data on past 

transshipments on the high seas 

involving a few U.S. albacore troll 

vessels. 

Each transshipment notice is 

estimated to take about 15 minutes and 

no more than $1 in communication 

costs to prepare and submit to NMFS. 

Each transshipment report is 

estimated to take about 60 minutes and 

$1 in communication costs for 

submitting each report to NMFS. Thus, 

for each transshipment event on the 

high seas, the time burden is estimated 

to be 1 hour and 15 minutes and cost 

$2 for each U.S. flagged vessel involved 

in the transshipment. 

Reporting Requirements. Existing 

regulations require submission of high 

seas fishing logbooks. This proposed 

rule deletes that requirement under the 

HSFCA, and instead, provides that 

owners and operators of high seas 

fishing vessels would use the reporting 

forms developed for their authorized 

fisheries to report high seas catch and 

effort information. Given that the former 

reporting requirements would not be 

changed in a substantive way, the 

associated compliance cost would be 

unchanged. 

The reporting requirements described 

above would amend an existing 

collection of information, (OMB Control 

No. 0648–0304) and these amendments 

are subject to approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act. 

Summary. The proposed rule would 

increase the cost of operating on the 

high seas for all affected entities. 

Fulfillment of these requirements is not 

expected to require any professional 

skills that the vessel owners and 

operators do not already possess. 

Significant Alternatives Considered 

NMFS attempted to identify 

alternatives that would accomplish the 

objectives of the rulemaking and 

minimize any significant economic 

impact of the proposed rule on small 

entities. 

The alternative of taking no action 

was rejected because it would fail to 

achieve the objectives of the 

rulemaking. 

NMFS evaluated an option to rely on 

existing permit programs, other than the 

HSFCA permit program, to authorize 

high seas fishing activities. However, by 

continuing to require the separate 

HSFCA permit, NMFS is able to 

maintain a separate record of vessels 

permitted to fish on the high seas, 

facilitating NMFS’ ability to submit 

information regarding U.S. high seas 

vessels to the FAO as required in the 

Compliance Agreement. FAO compiles 

from the Parties to the Compliance 

Agreement records of vessels authorized 

to fish on the high seas. The separate 

HSFCA permit, required under the 

existing regulations to be carried on 

board the vessel, is also useful in 

demonstrating to any domestic 

inspectors, foreign inspectors operating 

under the authority of a high seas 

boarding and inspection scheme 

adopted by an RFMO to which the 

United States is party, or foreign port 

inspectors, that a vessel is permitted to 

fish on the high seas. 

With respect to the EMTU 

requirement, one alternative would be 

to require EMTU operation at all times, 

which would provide NMFS the ability 

to monitor a vessel’s location at any 

time. However, NMFS is aware that 

some vessels holding high seas fishing 

permits may remain in the EEZ for 

extended periods and are not currently 

subject to EMTU operation requirements 

while in the EEZ. Some of these vessels 

may also dock their vessels and not 

engage in fishing for portions of the 

year. This alternative is not preferred 

because the regulatory burden could be 

minimized by providing some 

exemptions to the EMTU operation 

requirement, such as exemptions to 

address the two circumstances 

described above. The preferred 

alternative would maintain the ability to 

monitor high seas fishing vessels yet 

minimize the regulatory burden. 

Another alternative would be to 

require EMTU operation only on the 

high seas. However, allowing units to be 

powered down while a vessel is in the 

EEZ of the U.S. or of another country 

would weaken the effectiveness of using 

EMTU position information to monitor 

the locations of high seas fishing 

vessels. For vessels that are highly 

mobile and could operate at any time of 

the year, such as many high seas fishing 

vessels, EMTUs are more effective if 

they remain in operation at all times. 

Allowing power-downs whenever in the 

EEZ, aside from the in-port and longterm exemptions provided in the 

proposed rule, could also encourage 

non-compliance and result in large gaps 

in NMFS’ ability to monitor high seas 

fishing vessels. Thus, this alternative is 

not preferred. 

With respect to the requirement for 

prior notice of high seas transshipments, 

one alternative would be to allow 

affected entities to provide the notice of 

high seas transshipment to NMFS at 

least one business day in advance of the 

transshipment, rather than 36 hours as 

proposed. However, a shorter advance 

notice would reduce opportunities for 

NMFS or the U.S. Coast Guard to 

observe transshipments in the event 

they are able to meet the transshipping 

vessels at sea. For this reason, this 

alternative is not preferred. 

With respect to the transshipment 

reporting requirements, one alternative 

would be to impose a different 

timeframe for submission of the report. 

The report could be submitted more 

than 15 days after completion of the 

transshipment. However, NMFS 

believes 15 days is a reasonable 

timeframe, and that extending it further 

could lead to NMFS not receiving 

transshipment reports in a timely 

manner and would not support 

collection of complete information 

regarding authorized fisheries. 

Duplicative, Overlapping, and 

Conflicting Rules 

The proposed rule has been prepared 

to be consistent with a number of 

regulations. These include the 

following: 

• 50 CFR part 300, subpart C—Eastern 

Pacific Tuna Fisheries 

• 50 CFR part 300, subpart D—South 

Pacific Tuna Fisheries 

• 50 CFR part 300, subpart G—Antarctic 

Marine Living Resources 

• 50 CFR part 300, subpart O—Western 

and Central Pacific Fisheries for 

Highly Migratory Species 

• 50 CFR part 635—Atlantic Highly 

Migratory Species Fisheries 

• 50 CFR part 660, subpart K—Pacific 

Highly Migratory Species Fisheries 

• 50 CFR part 665, subpart F—Western 

Pacific Pelagic Fisheries 

Below are some NMFS regulations 

that have the same or similar regulatory 

goals and regulate the same classes of 

industry as the proposed rule. Although 

the regulations and the proposed rule 

contain the same or similar elements, 


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the proposed rule has been drafted so 

that an entity would need to follow the 

more restrictive set of requirements with 

respect to EMTUs, observers, and 

transshipment where applicable. 

VMS EMTU requirements: 

• § 300.45 (South Pacific Tuna 

Fisheries) 

• § 300.116 (Antarctic Marine Living 

Resources) 

• § 300.219 (Western and Central 

Pacific Fisheries for HMS) 

• § 635.69 (Atlantic HMS) 

• § 660.359 (Pacific Coast Groundfish 

Fisheries) 

• § 660.712(d) (U.S. West Coast 

Fisheries for HMS) 

• § 665.19 (Western Pacific Pelagic 

Fisheries) 

• § 679.28 (Fisheries of the EEZ off 

Alaska) 

Observer requirements: 

• § 300.22 (Eastern Pacific Tuna 

Fisheries) 

• § 300.43 (South Pacific Tuna 

Fisheries) 

• § 300.113 (Antarctic Marine Living 

Resources) 

• § 300.215 (Western and Central 

Pacific Fisheries for HMS) 

• § 635.7 (Atlantic HMS) 

• § 660.719 (U.S. West Coast Fisheries 

for HMS) 

• § 665.808 (Western Pacific Pelagic 

Fisheries) 

Transshipment notices and reporting 

requirements: 

• § 300.46 (South Pacific Tuna 

Fisheries) 

• § 300.112(k) (Antarctic Marine Living 

Resources) 

• § 300.218 (Western and Central 

Pacific Fisheries for HMS) 

• § 665.801 (Western Pacific Pelagic 

Fisheries) 

• Final rule (77 FR 71501, January 2, 

2013) for the Western and Central 

Pacific Fisheries for Highly Migratory 

Species 

National Environmental Policy Act 

As stated in NOAA’s Administrative 

Order (NAO) 216–6 5.05b, an action 

should be evaluated to determine 

whether it falls into a category of actions 

that do not individually or cumulatively 

have a significant impact on the quality 

of the human environment, and thus, is 

exempt from further environmental 

review under NEPA. That analysis 

should determine if (1) a prior NEPA 

analysis for the ‘‘same’’ action 

demonstrated that the action will not 

have significant impacts on the quality 

of the human environment 

(considerations in determining whether 

the action is the ‘‘same’’ as a prior 

action may include, among other things, 

the nature of the action, the geographic 

area of the action, the species affected, 

the season, the size of the area, etc.) or 

(2) the action is likely to result in 

significant impacts, as defined in 40 

CFR 1508.27 and NAO 216–6 Section 

6.01b. NMFS analyzed the proposed 

rule using these criteria and has 

preliminarily determined that this 

proposed rule can be categorically 

excluded under 6.03c.3(i) of NAO 216– 

6. The provisions of the rule are 

administrative in nature and facilitate 

monitoring of all high seas fishing 

vessels. The requirements for the 

installation of VMS EMTUs on vessels, 

the carrying of observers, and the prior 

notice and reporting of transshipments 

on the high seas would facilitate 

monitoring of vessels and would not 

have any impacts on the human 

environment. Moreover, the proposed 

rule also includes procedures that 

incorporate reviews under ESA and 

NEPA prior to any authorization of 

activities on the high seas. 

Paperwork Reduction Act 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

submitted to OMB for approval. The 

current collection of information, under 

OMB Control No. 0648–0304, includes a 

permit application, vessel marking 

requirements, and high seas fishing 

effort and catch reporting. In addition to 

this collection of information, the 

proposed rule includes new 

requirements listed below. 

The public reporting burden for each 

proposed requirement has been 

estimated, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information per response. The 

estimates are as follows: 

• Inclusion of a vessel photograph in 

the permit application: 30 minutes. 

• Request for a fishery to be 

authorized on the high seas: 110 hours. 

• EMTU purchase and installation: 4 

hour for purchase, installation, and 

activation of the EMTU and submittal of 

the installation and activation report. 

• Position reports: Automatically sent 

by the EMTU. 

• Notices of EMTU power-down and 

power-up: 10 minutes each. 

• Prior notice for high seas 

transshipments: 15 minutes. 

• Transshipment reporting: 1 hour. 

Public comment is sought regarding: 

Whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to Mark 

Wildman, Office for International 

Affairs and Seafood Inspection at the 

ADDRESSES above, and by email 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. 

List of Subjects 

50 CFR Part 300 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Fishing, Fishing 

vessels, Foreign relations, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Statistics. 

50 CFR Part 600 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Fishing, Fishing 

vessels, Foreign relations, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Statistics. 

50 CFR Part 660 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaiian Natives, 

Indians, Northern Mariana Islands, 

Reporting and recordkeeping 

requirements. 

50 CFR Part 665 

Accountability measures, Annual 

catch limits, Fisheries, Fishing, Western 

and central Pacific. 

Dated: April 8, 2015. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR parts 300, 600, 660 

and 665 are proposed to be amended as 

follows: 


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PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 

1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 

2431 et seq., 31 U.S.C. 9701 et seq. 

Subpart B—[Removed and Reserved] 

■ 2. Remove and reserve subpart B, 

consisting of § 300.10 through 300.17. 

■ 3. Add subpart Q to read as follows: 

Subpart Q—High Seas Fisheries 

Sec. 

300.330 Purpose. 

300.331 Definitions. 

300.332 Issuing offices. 

300.333 Vessel permits. 

300.334 Fisheries authorized on the high 

seas. 

300.335 Bottom fishing. 

300.336 Vessel identification. 

300.337 Requirements for Enhanced Mobile 

Transceiver Units (EMTUs). 

300.338 Observers. 

300.339 Transshipment on the high seas. 

300.340 Prohibitions. 

300.341 Reporting. 

Subpart Q—High Seas Fisheries 

Authority: 16 U.S.C. 5501 et seq. 

§ 300.330 Purpose. 

This subpart implements the High 

Seas Fishing Compliance Act of 1995 

(Act), which requires the Secretary to 

license U.S. vessels fishing on the high 

seas and to ensure that such vessels do 

not operate in contravention of 

international conservation and 

management measures recognized by 

the United States. 

§ 300.331 Definitions. 

In addition to the terms defined in 

section 300.2 and those in the Act and 

the Agreement to Promote Compliance 

with International Conservation and 

Management Measures by Fishing 

Vessels on the High Seas, adopted by 

the Conference of the Food and 

Agriculture Organization of the United 

Nations on November 24, 1993 

(Agreement), the terms used in this 

subpart have the following meanings. If 

a term is defined differently in section 

300.2, the Act, or the Agreement, the 

definition in this section shall apply. 

Bottom fishing means fishing using 

gear that is likely to contact the seafloor 

during the normal course of fishing 

operations. 

Enhanced mobile transceiver unit 

(EMTU) is defined in § 600.1500 of this 

chapter. 

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. 

High seas fishing permit means a 

permit issued under this subpart. 

High seas fishing vessel means any 

vessel of the United States used or 

intended for use on the high seas for the 

purpose of the commercial exploitation 

of living marine resources and as a 

harvesting vessel, mothership, or any 

other support vessel directly engaged in 

a fishing operation. Support vessels 

include vessels that process or transship 

fish on the high seas; provide supplies, 

personnel or fuel on the high seas to 

other fishing vessels; or conduct other 

activities in support of, or in 

preparation for fishing. 

International conservation and 

management measures means measures 

to conserve or manage one or more 

species of living marine resources that 

are adopted and applied in accordance 

with the relevant rules of international 

law, as reflected in the 1982 United 

Nations Convention on the Law of the 

Sea, and that are recognized by the 

United States. Such measures may be 

adopted by global, regional, or subregional fisheries organizations, subject 

to the rights and obligations of their 

members, or by treaties or other 

international agreements. 

Observer means any person serving in 

the capacity of an observer employed by 

NMFS, either directly or under contract 

with a third party, or certified as an 

observer by NMFS. 

Office Director means the director of 

the NMFS Office for International 

Affairs and Seafood Inspection. 

Regional Administrator means any 

one of the Directors of a NMFS regional 

office, defined under § 300.2. 

Transship or transshipment means 

offloading or receiving or otherwise 

transferring fish or fish products from 

one fishing vessel to another. Excluded 

from this definition is net sharing, 

which means the transfer of fish that 

have not yet been loaded on board any 

fishing vessel from the purse seine net 

of one vessel to another fishing vessel. 

Fish shall be considered to be on board 

a fishing vessel once they are on a deck 

or in a hold, or once they are first lifted 

out of the water by the vessel. 

Vessel monitoring system (VMS) is 

defined in § 600.1500 of this title. 

§ 300.332 Issuing offices. 

Any Regional Administrator or the 

Office Director may issue permits 

required under this subpart. While 

applicants for permits may submit an 

application to any Regional 

Administrator or the Office Director, 

applicants are encouraged to submit 

their applications (with envelopes 

marked ‘‘Attn: HSFCA Permits’’) to the 

Regional Administrator or the Office 

Director with whom they normally 

interact on fisheries matters. 

§ 300.333 Vessel permits. 

(a) Eligibility. (1) Any vessel owner or 

operator of a high seas fishing vessel is 

eligible to receive a permit for a fishery 

authorized on the high seas under this 

subpart, unless the vessel was 

previously authorized to be used for 

fishing on the high seas by a foreign 

nation, and— 

(i) The foreign nation suspended such 

authorization, because the vessel 

undermined the effectiveness of 

international conservation and 

management measures, and the 

suspension has not expired; or 

(ii) The foreign nation, within the 3 

years preceding application for a permit 

under this section, withdrew such 

authorization, because the vessel 

undermined the effectiveness of 

international conservation and 

management measures. 

(2) The restrictions in paragraphs 

(a)(1)(i) and (ii) of this section do not 

apply if ownership of the vessel has 

changed since the vessel undermined 

the effectiveness of international 

conservation and management 

measures, and the new owner has 

provided sufficient evidence to the 

Regional Administrator or Office 

Director demonstrating that the owner 

and operator at the time the vessel 

undermined the effectiveness of such 

measures have no further legal, 

beneficial, or financial interest in, or 

control of, the vessel. 

(3) The restrictions in paragraphs 

(a)(1)(i) and (ii) of this section do not 

apply if it is determined by the Regional 

Administrator or Office Director that 

issuing a permit would not subvert the 

purposes of the Agreement. 

(b) Applicability. Any high seas 

fishing vessel used for fishing, as 

defined under § 300.2, on the high seas 

must have on board a valid permit 

issued under this subpart. 

(c) Application. Permit application 

forms are available from the NMFS Web 

site or from any Regional Administrator 

or the Office Director. Failure to submit 

a complete and accurate application, 

along with all other required 

documentation and the specified fee 

will preclude issuance of a permit. To 

apply for a permit under this subpart, 

the owner or operator of a high seas 

fishing vessel must submit the following 

to a Regional Administrator or Office 

Director: 


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(1) A complete, accurate application 

form signed by the vessel owner or 

operator. 

(2) Information required under this 

section and § 300.334(a). 

(3) A color photograph showing an 

entire bow-to-stern side-view of the 

vessel in its current form and 

appearance. The photograph must 

clearly and legibly display the vessel 

name and identification markings. If the 

vessel’s form or appearance materially 

changes (such as the vessel is painted 

another color, the vessel’s identification 

markings change, or the vessel 

undergoes a structural modification) the 

vessel owner and operator must submit 

a new photograph of the vessel within 

15 days of the change. 

(4) For vessels with state registration 

instead of U.S. Coast Guard 

documentation, the applicant must 

supply additional vessel information 

that NMFS may request. 

(5) The fee specified in the 

application form. Payment by a 

commercial instrument later determined 

to be insufficiently funded will 

invalidate any permit. NMFS charges 

this fee to recover the administrative 

expenses of permit issuance, and the 

amount of the fee is determined in 

accordance with the procedures of the 

NOAA Finance Handbook. 

(d) Permit issuance and validity. (1) 

Except as provided for in subpart D of 

15 CFR part 904, and subject to 

paragraphs (a), (c), and (d)(2) and (3), 

the Regional Administrator or Office 

Director will issue a permit, which will 

include applicable conditions or 

restrictions, within 15 days of receipt of 

a completed application and payment of 

the appropriate fee. 

(2) The Regional Administrator or 

Office Director will not issue a permit 

unless an EMTU has been installed and 

activated on the vessel in accordance 

with § 300.337(c)(2). 

(3) The Regional Administrator or 

Office Director will not issue a permit 

unless the applicant holds a valid 

permit for the subject vessel for U.S. 

domestic fisheries related to the 

authorized high seas fishery. 

(4) Except as otherwise provided, 

permits issued under this subpart are 

valid for 5 years from the date of 

issuance. For a permit to remain valid 

to its expiration date, the vessel’s U.S. 

Coast Guard documentation or state 

registration must be kept current. A 

permit issued under this subpart is void 

when the vessel owner or the name of 

the vessel changes, or in the event the 

vessel is no longer eligible for U.S. 

documentation, such documentation is 

revoked or denied, or the vessel is 

removed from such documentation. 

(5) A permit issued under this subpart 

is not transferable or assignable to 

another vessel or owner; it is valid only 

for the vessel and owner to which it is 

issued. 

(e) Display. A valid permit, or a copy 

thereof, issued under this subpart must 

be on board any high seas fishing vessel 

while operating on the high seas and 

available for inspection by an 

authorized officer. 

(f) Change in application information. 

Any changes in vessel documentation 

status or other permit application 

information must be reported in writing 

to the Regional Administrator or Office 

Director who issued the permit within 

15 days of such changes. 

(g) Renewal. Application for renewal 

of a permit prior to its expiration is the 

responsibility of the permit holder and 

may be completed per § 300.333(c). The 

Regional Administrator or Office 

Director will not consider a permit 

renewal application to be complete until 

the permit holder satisfies all required 

fishing activity report requirements 

under the permit and § 300.342. The 

Regional Administrator or Office 

Director will not issue a renewed permit 

unless an EMTU has been activated on 

the vessel in accordance with 

§ 300.337(c)(2) and the applicant holds 

a valid permit for the subject vessel for 

U.S. domestic fisheries related to the 

authorized high seas fishery. 

(h) Marine mammals and ESA-listed 

species. Permits issued under this 

section do not authorize vessels or 

persons subject to the jurisdiction of the 

United States to take marine mammals 

or ESA-listed species. No marine 

mammals or ESA-listed species may be 

taken in the course of fishing operations 

unless the taking is allowed under the 

Marine Mammal Protection Act or the 

Endangered Species Act (ESA), 

pursuant to regulations, an 

authorization, or permit granted by 

NMFS or the U.S. Fish and Wildlife 

Service. 

(i) Permit status changes. NMFS may 

modify, suspend, or revoke a permit 

issued under this subpart if permitted 

activities may impact living marine 

resources in ways that were not foreseen 

or anticipated at the time of permit 

issuance; are in contravention of an 

international conservation and 

management measure; or violate any 

applicable law. NMFS will notify an 

affected permit holder of any change in 

permit status by contacting the permit 

holder at the address of record provided 

on the permit application or as updated 

pursuant to paragraph (f) of this 

subsection. 

§ 300.334 Fisheries authorized on the high 

seas. 

(a) When applying for a permit under 

§ 300.333, the owner or operator of a 

high seas fishing vessel must identify in 

the application the authorized fisheries 

in which he or she intends to fish. More 

than one authorized fishery may be 

selected. The following fisheries are 

authorized on the high seas: 

(1) 50 CFR part 300, Subpart C—Eastern 

Pacific Tuna Fisheries 

(2) 50 CFR part 300, Subpart D—South 

Pacific Tuna Fisheries 

(3) 50 CFR part 300, Subpart G— 

Antarctic Marine Living Resources 

(4) 50 CFR part 635—Atlantic Highly 

Migratory Species Fisheries 

(5) 50 CFR part 660, Subpart K—U.S. 

West Coast Fisheries for Highly 

Migratory Species 

(6) 50 CFR part 665, Subpart F— 

Western Pacific Pelagic Fisheries 

(7) South Pacific Albacore Troll Fishery 

(8) Northwest Atlantic Fishery 

(b) For each of the authorized 

fisheries specified on the high seas 

fishing permit, the owner or operator of 

the high seas fishing vessel must: 

(1) Abide by the regulations, set forth 

in other parts of this chapter and 

Chapter VI, governing those authorized 

fisheries while operating on the high 

seas; 

(2) Obtain and renew any appropriate 

permits or authorizations; and 

(3) Notify the Regional Administrator 

or Office Director who issued the permit 

immediately in the event that a species 

listed as threatened or endangered 

under the ESA is taken incidental to the 

fishing activities without authorization 

under a relevant incidental take 

statement. 

(c) Change in authorized fisheries. If 

a high seas fishing permit holder elects 

to change the authorized fisheries 

specified on the permit, he or she shall 

notify the Regional Administrator or 

Office Director who issued the permit of 

the change(s) and shall obtain the 

underlying permits for the authorized 

fisheries prior to engaging in the fishery 

on the high seas. Per the process under 

§ 300.333(d), the Regional Administrator 

or Office Director will then issue a 

revised high seas fishing permit which 

will expire 5 years from the original 

effective date. 

(d) Revision of authorized fisheries 

list. Through rulemaking, NMFS will 

add a fishery to, or delete a fishery from, 

the list in paragraph (a) of this section. 

NMFS may add or delete fisheries from 

the list after completing any analyses 

required under the Endangered Species 

Act, Marine Mammal Protection Act, 

National Environmental Policy Act, and 


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other applicable laws. In taking such 

action, NMFS, in consultation with the 

relevant Regional Fishery Management 

Council(s) where appropriate, will 

consider, among other things, whether: 

(1) The proposed fishing activities 

would detrimentally affect the wellbeing of the stock of any regulated 

species of fish, marine mammal, or 

species listed as threatened or 

endangered under the Endangered 

Species Act; 

(2) The proposed fishing activities 

would be inconsistent with relevant 

fishery management plans and their 

implementing regulations or other 

applicable law; 

(3) Insufficient mechanisms exist to 

effectively monitor the activities of 

vessels engaged in the proposed fishing 

activities; or 

(4) The proposed fishing activities 

would contravene international 

conservation and management measures 

recognized by the United States. 

(e) Request for revision of authorized 

fisheries list. A person may submit a 

written request to the Office Director to 

add a fishery to or delete a fishery from 

the list. A request to delete a fishery 

from the list of authorized fisheries 

must include the name of the fishery; 

information that addresses 

considerations under paragraph (d) of 

this section; and, if requested by NMFS, 

any additional information necessary for 

NMFS to conduct analyses required 

under applicable laws. A request to add 

a fishery to the list of authorized 

fisheries must include the following 

information: 

(1) The species (target and incidental) 

expected to be harvested and the 

anticipated amounts of such harvest and 

bycatch; 

(2) The approximate times and places 

when fishing is expected to take place, 

the number and type of vessels expected 

to participate, and the type, size, and 

amount of gear expected to be used; 

(3) A description of the specific area 

that may be affected by the fishing 

activities; 

(4) A description of any anticipated 

impacts on the environment, including 

impacts on fisheries, marine mammals, 

and species listed as threatened or 

endangered under the ESA or their 

critical habitat; 

(5) Other information that addresses 

considerations under paragraph (d); and 

(6) If requested by NMFS, any 

additional information necessary for 

NMFS to conduct analyses required 

under applicable laws. 

(7) Once all required information is 

received to proceed with consideration 

of a request, NMFS will publish in the 

Federal Register a proposed rule, noting 

receipt of the request to add an 

authorized fishery, and inviting 

information and comments. Relevant 

information received during the 

comment period may be considered by 

NMFS and, where appropriate, the 

relevant Regional Fishery Management 

Council(s) to analyze potential 

environmental impacts of the fisheries 

and develop any conditions or 

restrictions. Based on its analysis, 

considerations under paragraph (d) of 

this section, and other relevant 

considerations, NMFS would publish its 

decision on the request in the Federal 

Register. 

(f) Deletion of a fishery from the 

authorized fisheries list. NMFS will 

delete (i.e., deauthorize) a fishery under 

paragraph (d) or (e) of this section 

through publication of a final rule. 

NMFS will also provide notice to 

affected permit holders by email at the 

address provided to NMFS in the high 

seas permit application and by 

Registered Mail. When a fishery is 

deleted from the list, any activities on 

the high seas related to that fishery are 

prohibited as of the effective date of the 

final rule. In addition, the high seas 

permit will be voided unless the permit 

holder notifies NMFS that he or she 

elects to change to another authorized 

high seas fishery or continue in any 

other authorized fisheries noted on the 

permit. Once the applicant so notifies 

NMFS and, if necessary, secures any 

underlying permits necessary for 

participation in another authorized high 

seas fishery, the Regional Administrator 

or Office Director will then issue a 

revised high seas fishing permit per the 

process under § 300.333(d). The revised 

permit will expire 5 years from the 

original effective date. 

§ 300.335 Bottom fishing. 

(a) Bottom fishing may be permitted 

on the high seas when authorized by 

international conservation and 

management measures recognized by 

the United States. For bottom fishing 

activity not subject to international 

conservation measures recognized by 

the United States, a person who seeks to 

engage in such fishing must request 

authorization of a new high seas fishery 

as described in § 300.334(e), then if the 

fishery is authorized, must obtain all 

applicable permits including a high seas 

fishing permit issued under § 300.333. 

NMFS may specify conditions in the 

permit to mitigate adverse impacts on 

VMEs, which may include the types of 

conditions that have been adopted in 

relevant RFMO measures recognized by 

the United States. 

(b) Permit. To be permitted under this 

section, the owner or operator of a high 

seas fishing vessel must follow the 

procedures under § 300.334(e), or if he 

or she seeks to change an existing 

permit, must follow the procedures 

under § 300.334(c). 

§ 300.336 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 

international radio call sign (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 

and, if a WCPFC Area Endorsement has 

been issued for the vessel under 

§ 300.212, that documentation number 

must be preceded by the characters 

‘‘USA’’ and a hyphen (that is, ‘‘USA-’’); 

(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 overall, 

the height of letters and numbers must 

be no less than 1.0 m; for vessels 20 m 

but less than 25 m in length overall, the 

height of letters and numbers must be 

no less than 0.8 m; for vessels 15 m but 

less than 20 m in length overall, the 

height of letters and numbers must be 

no less than 0.6 m; for vessels 12 m but 

less than 15 m in length overall, the 

height of letters and numbers must be 

no less than 0.4 m; for vessels 5 m but 

less than 12 m in length overall, the 

height of letters and numbers must be 

no less than 0.3 m; and for vessels under 

5 m in length overall, the height of 

letters and numbers must be no less 

than 0.1 m; 

(vi) The height of the letters and 

numbers to be placed on decks must be 

no less than 0.3 m; 


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(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 no 

less than h/6; and 

(xiii) The marks and the background 

must be maintained in good condition at 

all times. 

§ 300.337 Requirements for Enhanced 

Mobile Transceiver Units (EMTUs). 

(a) Vessel position information. The 

owner or operator of a vessel issued a 

permit under this subpart, or for which 

such permit is required, must have 

installed on board the vessel a NMFS 

type-approved enhanced mobile 

transceiver unit (EMTU). The operator 

or owner of the vessel must ensure that 

the EMTU is operational and properly 

reporting positions to NMFS as required 

by this section, except when exempt 

under paragraph (d)(1) or (d)(2) of this 

section. If the vessel is also subject to 

EMTU requirements in other parts of 

this title, the more restrictive 

requirements apply. 

(b) Contact information and business 

hours. With respect to the requirements 

in this section, vessel owners and 

operators should consult with the 

divisional office of the NOAA Office of 

Law Enforcement (OLE) in, or nearest, 

the Region issuing the permit under this 

subpart. The OLE VMS Helpdesk in 

OLE headquarters office may also be 

contacted. 

(c) EMTU installation and 

activation—(1) EMTU installation. The 

vessel owner or operator shall obtain 

and have installed on the fishing vessel, 

by a qualified marine electrician and in 

accordance with any instructions 

provided by the VMS Helpdesk or OLE 

divisional office, a NMFS type-approved 

EMTU. The vessel owner and operator 

shall authorize NMFS to receive and 

relay transmissions from the EMTU. The 

vessel owner and operator shall arrange 

for a type-approved mobile 

communications service to receive and 

transmit position reports and email 

communications from the EMTU to 

NMFS. NMFS makes available lists of 

type-approved EMTUs and mobile 

communications service providers. 

Vessel owners must ensure that the 

EMTU and communications service 

hardware purchased is type-approved 

for all fisheries and regions in which 

their vessel will be operating. 

(2) EMTU activation. When an EMTU 

is installed or reinstalled or the mobile 

communications service provider 

changes, or if directed by NMFS, the 

vessel owner and operator shall prior to 

leaving port: 

(i) Turn on the EMTU to make it 

operational; 

(ii) Submit a VMS Installation and 

Activation Certification form, or an 

activation report as directed by OLE, to 

the OLE divisional office within or 

nearest to the region issuing the permit 

under this subpart; and 

(iii) Receive verbal or written 

confirmation from NMFS that 

transmissions are being received 

properly from the EMTU. 

(d) EMTU operation. Unless otherwise 

provided below, and subject to more 

restrictive requirements where 

applicable, the vessel owner or operator 

shall continuously operate the EMTU so 

that it provides to NMFS position 

information automatically transmitted, 

every hour or as directed by OLE. 

(1) In-port exemption: The EMTU may 

be powered down when the vessel will 

remain at a dock or permanent mooring 

for more than 72 consecutive hours and 

after the notice required in paragraph 

(d)(3) of this section is submitted. When 

powering up the EMTU after the in-port 

exemption, the vessel owner or operator 

must submit the report required in 

paragraph (d)(4) of this section at least 

2 hours before leaving port or mooring. 

(2) Long-term exemption: The EMTU 

may be powered down if the vessel will 

not operate on the high seas or in any 

fishery that requires EMTU operation 

for more than 30 consecutive days and 

after the notice required in paragraph 

(d)(3) of this section is submitted. When 

powering up the EMTU from the longterm exemption, the vessel owner or 

operator must submit the report 

required in paragraph (d)(4) of this 

section. 

(3) Prior to each power-down of the 

EMTU, under paragraph (d)(1) or (2) of 

this section, the vessel owner or 

operator must report to the OLE 

divisional office during business hours, 

via email or other means as directed by 

OLE: The vessel’s name; the vessel’s 

official number; the intent to power 

down the EMTU; the reason for powerdown; the port where the vessel is 

docked or area where it will be 

operating; and the full name, telephone, 

and email contact information for the 

vessel owner or operator. 

(4) When powering up the EMTU, the 

vessel owner or operator must report to 

the OLE divisional office during 

business hours, via email or other 

means as directed by OLE: The fact that 

the EMTU has been powered up; the 

vessel’s name; the vessel’s official 

number; port name; intended fishery; 

and full name, telephone, and email 

contact information for the vessel owner 

or operator. 

(5) If the EMTU is powered up after 

a long-term or in-port exemption, the 

vessel owner must receive email 

confirmation from the OLE divisional 

office that EMTU transmissions are 

being received properly before leaving 

port, entering the high seas, or entering 

a fishery that requires EMTU operation. 

(e) Failure of EMTU. If the vessel 

owner or operator becomes aware that 

the EMTU has become inoperable or 

that transmission of automatic position 

reports from the EMTU has been 

interrupted, or if notified by NMFS or 

the U.S. Coast Guard that automatic 

position reports are not being received 

from the EMTU or that an inspection of 

the EMTU has revealed a problem with 

the performance of the EMTU, the 

vessel owner or operator shall comply 

with the following requirements: 

(1) If the vessel is at port, the vessel 

owner or operator shall repair or replace 

the EMTU and comply with the 

requirements in paragraph (c)(2) of this 

section before the vessel leaves port. 

(2) If the vessel is at sea, the vessel 

owner, operator, or designee shall 

contact the OLE divisional office by 

telephone or email at the earliest 

opportunity during business hours and 

identify the caller, vessel name, vessel 

location, and the type of fishing 

permit(s). The vessel operator shall 

follow the instructions provided by the 

OLE divisional office, which could 

include: Ceasing fishing, stowing fishing 

gear, returning to port, or submitting 

periodic position reports at specified 

intervals by other means. The vessel 

owner or operator must repair or replace 

the EMTU and comply with the 

requirements in paragraph (c)(2) of this 

section within 30 days or before the 

vessel leaves port, whichever is sooner. 

(f) Related VMS requirements. Unless 

specified otherwise in the high seas 

fishing permit, a vessel owner’s and 

operator’s compliance with 

requirements in part 300, 635, 660, or 

665 of this title relating to the 

installation, carrying, and operation of 

EMTUs will satisfy the requirements of 

this section, if the requirements are the 

same or more restrictive than those in 

this section and provided that: 

(1) On the high seas, the EMTU is 

operated continuously and position 


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19628 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 

information is automatically transmitted 

every hour; 

(2) The EMTU is type-approved by 

NMFS; 

(3) The vessel owner or operator has 

authorized NMFS to receive and relay 

transmissions from the EMTU; and 

(4) The requirements of paragraph (d) 

of this section are complied with. If the 

EMTU is owned by NMFS, the 

requirement under paragraph (e) of this 

section to repair or replace the EMTU 

will be the responsibility of NMFS, but 

the vessel owner and operator shall be 

responsible for ensuring that the EMTU 

complies with the requirements 

specified in paragraph (c)(2) of this 

section before the vessel leaves port. 

(g) Costs. The vessel owner and 

operator shall be responsible for all 

costs associated with the purchase, 

installation, operation, and maintenance 

of the EMTU and for all charges levied 

by vendors as necessary to ensure the 

transmission of automatic position 

reports to NMFS as required in 

paragraph (c) of this section. However, 

if the EMTU is being carried and 

operated in compliance with the 

requirements in part 300, 635, 660, or 

665 of this title relating to the 

installation, carrying, and operation of 

EMTUs, the vessel owner and operator 

shall not be responsible for any costs 

that are the responsibility of NMFS 

under those regulations. 

(h) Tampering. The vessel owner and 

operator shall ensure that the EMTU is 

not tampered with, disabled, destroyed, 

damaged or operated improperly, and 

that its operation is not impeded or 

interfered with. 

(i) Inspection. The vessel owner and 

operator shall make the EMTU, 

including its antenna, connectors and 

antenna cable, available for inspection 

by authorized officers or by officers 

conducting boarding and inspection 

under a scheme adopted by an RFMO of 

which the United States is a member. 

(j) Access to data. As required under 

fishery-specific regulations in other 

parts of this title, the vessel owner and 

operator shall make the vessel’s position 

data, obtained from the EMTU or other 

means, available to authorized officers 

and to any inspector conducting a high 

seas boarding and inspection pursuant 

to a scheme adopted by an RFMO of 

which the United States is a member. 

(k) Communication devices. (1) In 

cases of EMTU failure as specified 

under paragraph (e) of this section, and 

to facilitate communication with 

management and enforcement 

authorities regarding the functioning of 

the EMTU and other purposes, the 

vessel operator shall, while the vessel is 

at sea, carry on board and continuously 

monitor a two-way communication 

device, in addition to the EMTU, that is 

capable of real-time communication 

with the OLE divisional office. 

§ 300.338 Observers. 

(a) Where observer coverage is not 

otherwise required by other regulations 

or relevant RFMO conservation and 

management measures, NMFS may 

select for at-sea observer coverage any 

vessel that has been issued a high seas 

fishing permit. A vessel so selected by 

NMFS must carry an observer when 

directed to do so. 

(b) NMFS will contact a vessel owner, 

in writing, when his or her vessel is 

selected for observer coverage under 

this section. 

(c) A vessel shall not fish on the high 

seas without taking an observer if NMFS 

contacted the vessel owner under 

paragraph (b) of this section, or if so 

required as a condition of a permit 

issued under this subpart or pursuant to 

other legal authorities, unless the 

requirement to carry an observer has 

been waived under paragraph (d) of this 

section. 

(d) The vessel owner that NMFS 

contacts under paragraph (b) of this 

section must notify NMFS of his or her 

next fishing trip that may take place on 

the high seas before commencing the 

fishing trip. NMFS will specify the 

notification procedures and information 

requirements, such as expected gear 

deployment, trip duration and fishing 

area, in its selection letter. Once notified 

of a trip by the vessel owner, NMFS will 

assign an observer for that trip or notify 

the vessel owner that coverage pursuant 

to this subpart is not required, given the 

existing requirement for observer 

coverage under other legal authorities. 

(e) The owner, operator, and crew of 

a vessel on which a NMFS-approved 

observer is assigned must comply with 

safety regulations at §§ 600.725 and 

600.746 of this title and— 

(1) Facilitate the safe embarkation and 

debarkation of the observer. 

(2) Provide the observer with 

accommodations, food, and amenities 

that are equivalent of those provided to 

vessel officers. 

(3) Allow the observer access to all 

areas of the vessel necessary to conduct 

observer duties. 

(4) Allow the observer free and 

unobstructed access to the vessel’s 

bridge, working decks, holding bins, 

weight scales, holds, and any other 

space used to hold, process, weigh, or 

store fish. 

(5) Allow the observer access to 

EMTUs, communications equipment, 

and navigation equipment to verify 

operation, obtain data, and use the 

communication capabilities of the units 

for official purposes. 

(6) Allow the observer to inspect and 

copy the vessel’s log, communications 

logs, and any records associated with 

the catch and disposition of fish for that 

trip. 

(7) Provide accurate vessel locations 

by latitude and longitude upon request 

by the observer. 

(8) Provide access to sea turtle, marine 

mammal, sea bird, or other specimens as 

requested by the observer. 

(9) Notify the observer in a timely 

fashion when commercial fishing 

activity is to begin and end. 

(f) The permit holder, vessel operator, 

and crew must cooperate with the 

observer in the performance of the 

observer’s duties. 

(g) The permit holder, vessel operator, 

and crew must comply with other terms 

and conditions to ensure the effective 

deployment and use of observers that 

the Regional Administrator or Office 

Director imposes by written notice. 

§ 300.339 Transshipment on the high seas. 

(a) In addition to any other applicable 

restrictions on transshipment, including 

those under parts 300 and 635 of this 

title, the following requirements apply 

to transshipments taking place on the 

high seas: 

(1) The owner or operator of a U.S. 

vessel receiving or offloading fish on the 

high seas shall provide a notice by fax 

or email to the Regional Administrator 

or the Office Director at least 36 hours 

prior to any intended transshipment on 

the high seas with the following 

information: The vessels offloading and 

receiving the transshipment (names, 

official numbers, and vessel types); the 

location (latitude and longitude to the 

nearest tenth of a degree) of 

transshipment; date and time that 

transshipment is expected to occur; and 

species, processed state, and quantities 

(in metric tons) expected to be 

transshipped. If another requirement for 

prior notice applies, the more restrictive 

requirement (i.e. a requirement for 

greater advance notice and/or more 

specific information regarding vessels, 

location etc.) must be followed. 

(2) U.S. high seas fishing vessels shall 

report transshipments on the high seas 

to the Regional Administrator or Office 

Director within 15 calendar days after 

the vessel first enters into port, using 

the form obtained from the Regional 

Administrator or Office Director. If there 

are applicable transshipment reporting 

requirements in other parts of this title, 

the more restrictive requirement (e.g., a 

reporting requirement of fewer than 15 

calendar days) must be followed. 

(b) [Reserved] 


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§ 300.340 Prohibitions. 

In addition to the prohibitions in 

§ 300.4, it is unlawful for any person to: 

(a) Use a high seas fishing vessel on 

the high seas in contravention of 

international conservation and 

management measures. 

(b) Fish on the high seas unless the 

vessel has been issued, and has on 

board, a valid permit issued under 

§ 300.333(d). 

(c) Fish on the high seas unless the 

vessel has been issued, and has on 

board, valid permits related to the 

authorized fisheries noted on the high 

seas fishing permit, as required under 

§ 300.334(b). 

(d) Operate a high seas fishing vessel 

on the high seas that is not marked in 

accordance with § 300.336. 

(e) With respect to the EMTU, 

(1) Fail to install, activate, or 

continuously operate a properly 

functioning and type-approved EMTU 

as required in § 300.337; 

(2) Power-down or power-up the 

EMTU without following the procedures 

required in § 300.337; 

(3) In the event of EMTU failure or 

interruption, fail to repair or replace an 

EMTU, fail to notify the appropriate 

OLE divisional office and follow the 

instructions provided, or otherwise fail 

to act as required in § 300.337; 

(4) Disable, destroy, damage or 

operate improperly an EMTU installed 

under § 300.337, attempt to do any of 

the same, or fail to ensure that its 

operation is not impeded or interfered 

with, as provided in § 300.337; 

(5) Fail to make an EMTU installed 

under § 300.337 or the position data 

obtained from it available for 

inspection, as provided in § 300.337; or 

(6) Fail to carry on board and monitor 

communication devices as required in 

§ 300.337(l); 

(f) With respect to observers, 

(1) Fail to provide to an observer, a 

NMFS employee, or a designated 

observer provider, information that has 

been requested pursuant to § 300.338 or 

§ 600.746 of this title, or fail to allow an 

observer, a NMFS employee, or a 

designated observer provider to inspect 

any item described at § 300.338 or 

§ 600.746 of this title; 

(2) Fish without an observer when the 

vessel is required to carry an observer 

pursuant to § 300.338(c); 

(3) Assault, oppose, impede, 

intimidate, or interfere with an observer; 

(4) Prohibit or bar by command, 

impediment, threat, coercion, 

interference, or refusal of reasonable 

assistance, an observer from conducting 

his or her duties as an observer; or 

(5) Tamper with or destroy samples or 

equipment. 

(g) Fail to submit a prior notice or a 

report of a transshipment as provided in 

§ 300.339(b) of this title. 

(h) Fail to comply with reporting 

requirements as provided in § 300.341. 

§ 300.341 Reporting. 

(a) General. The operator of any vessel 

permitted under this subpart must 

accurately maintain on board the vessel 

a complete record of fishing activities, 

such as catch, effort, and other data and 

report high seas catch and effort 

information to NMFS in a manner 

consistent with the reporting 

requirements of the authorized 

fishery(ies) noted on the high seas 

permit. Reports must include: 

Identification information for vessel and 

operator; operator signature; 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, marine mammals, or birds. 

(1) The vessel owner and operator are 

responsible for obtaining and 

completing the reporting forms from the 

Regional Administrator or Office 

Director who issued the permit holder’s 

high seas fishing permit. The completed 

forms must be submitted to the same 

Regional Administrator or Office 

Director or, if directed by NMFS, to a 

Science Center. 

(2) Reports must be submitted within 

the deadline provided for in the 

authorized fishery or within 15 days 

following the end of a fishing trip, 

whichever is sooner. Contact 

information for the Regional 

Administrators and Science Center 

Directors can be found on the NMFS 

Web site. 

(b) [Reserved]. 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

■ 4. The authority citation for part 600 

continues to read as follows: 

Authority: 5 U.S.C. 561 and 16 U.S.C. 

1801 et seq. 

■ 5. In § 600.705, add paragraph (g) to 

read as follows: 

§ 600.705 Relation to other laws. 

* * * * * 

(g) High seas fishing activities. 

Regulations governing permits and 

requirements for fishing activities on the 

high seas are set forth in 50 CFR part 

300, subparts A and Q. Any vessel 

operating on the high seas must obtain 

a permit issued pursuant to the High 

Seas Fishing Compliance Act. 

■ 5. In § 600.745, revise the first two 

sentences in paragraph (a) to read as 

follows: 

§ 600.745 Scientific research activity, 

exempted fishing, and exempted 

educational activity. 

(a) Scientific research activity. 

Nothing in this part is intended to 

inhibit or prevent any scientific research 

activity conducted by a scientific 

research vessel. Persons planning to 

conduct scientific research activities on 

board a scientific research vessel in the 

EEZ or on the high seas are encouraged 

to submit to the appropriate Regional 

Administrator or Director, 60 days or as 

soon as practicable prior to its start, a 

scientific research plan for each 

scientific activity. * * * 

* * * * * 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 6. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq., 16 

U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 

■ 7. In § 660.2, add paragraph (c) to read 

as follows: 

§ 660.2 Relation to other laws. 

* * * * * 

(c) Fishing activities on the high seas 

are governed by regulations of the High 

Seas Fishing Compliance Act set forth 

in 50 CFR part 300, subparts A and Q. 

§ 660.708 [Amended] 

■ 8. In § 660.708, remove paragraph 

(a)(1)(iii) and redesignate paragraph 

(a)(1)(iv) as paragraph (a)(1)(iii). 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 9. The authority citation for part 665 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 10. In § 665.1, revise paragraph (b) to 

read as follows: 

§ 665.1 Purpose and scope. 

* * * * * 

(b) General regulations governing 

fishing by all vessels of the United 

States and by fishing vessels other than 

vessels of the United States are 

contained in 50 CFR parts 300 and 600. 

* * * * * 

[FR Doc. 2015–08425 Filed 4–10–15; 8:45 am] 

BILLING CODE 3510–22–P 


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