17248 Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves a safety zone that extends 

the Kaneohe Bay Naval Defensive Sea 

Area on both ends that would prevent 

vessels from entering the fight paths for 

the Air Show. Normally such actions are 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0064 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T14–0064 to read as 

follows: 

§ 165.T14–0064 Safety Zone; Blue Angels 

at Kaneohe Bay Air Show, Oahu, Hawaii. 

(a) Location. The following area is a 

safety zone: All waters contained within 

an area composing of one box on 

Kaneohe Bay Naval Defensive Sea Area 

as established by Executive Order 8681 

of February 14, 1941, in Kaneohe Bay, 

Oahu, Hawaii. This safety zone extends 

approximately 200 yards northeast and 

1000 yards southwest of the Naval 

Defensive Sea Area and is bound by the 

following points: 21°26.159′ N, 

157°47.312′ W; then south to 21°25.890′ 

N, 157°47.250′ W; then northeast to 

21°27.943′ N, 157°44.953′ W; then west 

to 21°28.016′ N, 157°45.250′ W; and 

returning southwest to the starting 

point. This safety zone extends from the 

surface of the water to the ocean floor. 

These coordinates are based upon the 

National Oceanic and Atmospheric 

Administration Coast Survey, Pacific 

Ocean, Oahu, Hawaii, chart 19359 (NAD 

83). 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Honolulu (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative on VHF channel 16 

(156.800 MHz) or the Honolulu Captain 

of the Port at telephone number 808– 

842–2600. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced daily between the 

hours of 9:00 a.m. through 5:00 p.m., 

August 12–14, 2022. 

Dated: March 21, 2022. 

A.B. Avanni, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. 2022–06455 Filed 3–25–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220321–0075] 

RIN 0648–BK84 

International Fisheries; Pacific Tuna 

Fisheries; Fishing Restrictions for 

Tropical Tuna and Silky Shark in the 

Eastern Pacific Ocean for 2022 and 

Beyond 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


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Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules 17249 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations 

under the Tuna Conventions Act (TCA) 

of 1950, as amended, to implement 

Resolution C–21–04 (Conservation 

Measures for Tropical Tunas in the 

Eastern Pacific Ocean During 2022– 

2024) and Resolution C–21–06 

(Conservation Measures for Shark 

Species, with Special Emphasis on the 

Silky Shark (Carcharhinus Falciformis), 

for the Years 2022 and 2023), which 

were adopted at the Resumed 98th 

Meeting of the Inter-American Tropical 

Tuna Commission (IATTC) in October 

2021. This proposed rule implements 

the C–21–04 fishing management 

measures for tropical tuna (i.e., bigeye 

tuna (Thunnus obesus), yellowfin tuna 

(Thunnus albacares), and skipjack tuna 

(Katsuwonus pelamis)) in the eastern 

Pacific Ocean (EPO). The fishing 

restrictions would apply to purse seine 

vessels of class sizes 4–6 (carrying 

capacity of 182 metric tons (mt) or 

greater) and longline vessels greater 

than 24 meters (m) in overall length that 

fish for tropical tuna in the EPO. To 

implement Resolution C–21–06, which 

extended the previous IATTC resolution 

on silky shark for 2 years, NMFS is 

proposing for existing regulations on 

silky shark to continue in effect with no 

proposed amendments. This proposed 

rule is necessary for the conservation of 

tropical tuna stocks and silky shark in 

the EPO and for the United States to 

satisfy its obligations as a member of the 

IATTC. 

DATES: Comments on the proposed rule 

and supporting documents must be 

submitted in writing by April 27, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2021–0136, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2021–0136’’ in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Submit written comments to 

Rachael Wadsworth, NMFS West Coast 

Region Long Beach Office, 501 W Ocean 

Blvd., Suite 4200, Long Beach, CA 

90802. Include the identifier ‘‘NOAA– 

NMFS–2021–0136’’ in the comments. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure they 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 

(e.g., name, address, etc.) 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). 

Copies of supporting documents that 

were prepared for this proposed rule, 

including the regulatory impact review 

(RIR) are available via the Federal eRulemaking Portal: http://

www.regulations.gov, docket NOAA– 

NMFS–2021–0136, or contact Rachael 

Wadsworth, NMFS WCR SFD, NMFS 

West Coast Region Long Beach Office, 

501 W Ocean Blvd., Suite 4200, Long 

Beach, CA 90802, or WCR.HMS@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rachael Wadsworth, NMFS WCR, at 

(206) 561–3457. 

SUPPLEMENTARY INFORMATION: 

Background on the IATTC 

The United States is a member of the 

IATTC, which was established under 

the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna Commission (1949 

Convention). In 2003, the IATTC 

updated the 1949 Convention through 

the adoption of the Convention for the 

Strengthening of the IATTC Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

Convention). The Antigua Convention 

entered into force in 2010. The United 

States acceded to the Antigua 

Convention on February 24, 2016. The 

full text of the Antigua Convention is 

available at: https://www.iattc.org/ 

PDFFiles/IATTC-Instruments/_English/ 

IATTC_Antigua_

Convention%20Jun%202003.pdf. 

The IATTC consists of 21 member 

nations and 5 cooperating non-member 

nations. The IATTC facilitates scientific 

research, as well as the conservation 

and management, of tuna and tuna-like 

species in the IATTC Convention Area. 

The IATTC Convention Area is defined 

as waters of the EPO within the area 

bounded by the west coast of the 

Americas and by 50° N latitude, 150° W 

longitude, and 50° S latitude. The 

IATTC maintains a scientific research 

and fishery monitoring program and 

regularly assesses the status of tuna, 

sharks, and billfish stocks in the IATTC 

Convention Area to determine 

appropriate catch limits and other 

measures deemed necessary to promote 

sustainable fisheries and prevent the 

overexploitation of these stocks. 

International Obligations of the United 

States Under the Antigua Convention 

As a Party to the Antigua Convention 

and a member of the IATTC, the United 

States is legally bound to implement 

decisions of the IATTC under the Tuna 

Conventions Act of 1950, as amended, 

16 U.S.C. 951 et seq. (Pub. L. 114–81) 

(TCA). The TCA directs the Secretary of 

Commerce, in consultation with the 

Secretary of State and, with respect to 

enforcement measures, the U.S. Coast 

Guard, to promulgate such regulations 

as may be necessary to carry out the 

United States’ obligations under the 

Antigua Convention, including 

recommendations and decisions 

adopted by the IATTC. The authority of 

the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. 

IATTC Resolutions on Tropical Tuna 

Conservation and Silky Shark 

The IATTC held multiple annual 

meetings, virtually, in June, August, and 

October 2021. The IATTC ultimately 

adopted a new tropical tuna Resolution, 

Resolution C–21–04 (Conservation 

Measures for Tropical Tunas in the 

Eastern Pacific Ocean During 2022– 

2024), at the Resumed 98th Meeting of 

the IATTC in October 2021. The IATTC 

also adopted Resolution C–21–06 

(Conservation Measures for Shark 

Species, with Special Emphasis on the 

Silky Shark (Carcharhinus Falciformis), 

for the Years 2022 and 2023). This 

Resolution is a two-year extension of the 

previous resolution on silky shark, 

which was set to expire at the end of the 

2021 calendar year. 

Many of the provisions of the newly 

adopted Resolution C–21–04 are 

identical in content to those contained 

in the previous IATTC resolutions on 

tropical tuna management that were in 

place from 2018–2021 (C–20–06; 

Tropical Tunas Conservation in the EPO 

during 2021, pursuant to RES C–20–05; 

and C–17–02; Multiannual Program for 

the Conservation of Tuna in the Eastern 

Pacific Ocean During 2018–2020). 

Resolution C–21–04 continues to 

include provisions for a 72-day EPO 

fishing closure period for purse seine 

vessels, exemptions from that closure 

period due to force majeure, a 31-day 

time/area EPO fishing closure period for 

purse seine vessels, catch limits of 

bigeye tuna caught in the EPO for 

longline vessels greater than 24 m in 


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overall length, catch limit transfer 

requirements for bigeye tuna, a 

requirement that all tropical tuna be 

retained and landed (with some 

exceptions), and restrictions on the use 

and design of fish aggregating devices 

(FADs). 

In addition to the existing measures, 

Resolution C–21–04 contains new 

measures not included in previous 

tropical tuna resolutions. These include 

a system of additional closure days for 

purse seine vessels that exceed an 

annual catch level of 1,200 mt for bigeye 

tuna and amendments to provisions 

related to force majeure exemptions 

from the 72-day closure period 

requirement. The Resolution also 

includes several new restrictions on 

FADs that include a gradual reduction 

in the number of active FADs allowed, 

additional reporting requirements for 

satellite buoys including activations and 

deactivations, and specification of 

circumstances where activations and 

deactivations are allowed. The 

Resolution also includes requirements 

for reporting cannery data and Vessel 

Monitoring Systems (VMS) data to the 

IATTC. 

Proposed Regulations 

This proposed rule would be 

implemented under the TCA (16 U.S.C. 

951 et seq.) and proposes changes to 

part 300, subpart C of title 50 of the 

Code of Federal Regulations (CFR). 

Although Resolutions C–21–04 and C– 

21–06 are in effect through 2024 and 

2023 respectively, NMFS does not 

intend for the proposed regulations to 

expire concurrently with the 

Resolutions. Instead, because the IATTC 

will likely continue to adopt similar 

conservation and management measures 

upon expiration of those resolutions, 

and to avoid a lapse in the management 

of the fishery that may occur between 

expiration of the proposed regulations 

and implementation of new measures 

adopted by the IATTC, the proposed 

regulations would remain in effect until 

they are amended or replaced. 

The TCA gives NMFS the authority to 

. . . promulgate such regulations as 

may be necessary to carry out the 

United States international obligations 

under the Convention and this chapter, 

including recommendations and 

decisions adopted by the Commission. 

16 U.S.C. 955(a). In past years, NMFS 

has implemented IATTC resolutions for 

specific calendar years, and this 

approach has led to lapses in 

management in the affected fisheries in 

subsequent years. Given the timeconsuming nature of the U.S. domestic 

rulemaking process, combined with the 

increasingly frequent delayed adoption 

of IATTC resolutions, implementing 

domestic measures that do not expire 

until new measures are in place is 

necessary to carry out the United States’ 

international obligations under the 

Antigua Convention and the TCA 

because it will ensure there is no lapse 

in management of the tropical tuna 

fishery or silky shark measures in the 

EPO. 

Thus, unless a date is specified in the 

text of the regulation, the proposed 

regulations would remain in effect until 

they are amended or replaced. NMFS 

does intend to publish proposed and 

final rules to implement new 

resolutions adopted by the IATTC as 

expeditiously as possible; however, this 

approach would allow existing 

regulations to remain in force and 

prevent any lapse in regulatory coverage 

caused by expirations. Because the 

IATTC adopted Resolution C–21–04 as 

a three-year conservation and 

management measure (2022–2024), the 

supporting analyses for this rule 

(discussed later in the Classification 

section) cover a three-year time period, 

with the understanding that these 

analyses would need to be 

supplemented should the measures 

remain in effect for more than three 

years. Likewise, the supporting analyses 

for Resolution C–21–06, which was 

adopted as a two-year conservation 

measure (2022–2023), cover a two-year 

period, with the understanding that 

these analyses would also need to be 

supplemented should the measures 

remain in effect for more than two years. 

Tuna Conservation Measures for 2022 

and Beyond 

The proposed rule would implement 

the provisions of Resolution C–21–04 

and applies to U.S. commercial fishing 

vessels using purse seine and longline 

gear to catch tropical tuna in the IATTC 

Convention Area. Several provisions 

included in Resolution C–21–04 do not 

need to be implemented through this 

proposed rule because they were 

already codified in regulations and are 

not set to expire. The continuing and 

new tropical tuna provisions are 

described below. 

First, this proposed rule would 

maintain a 750 mt catch limit on bigeye 

tuna caught by longline vessels greater 

than 24 m in overall length in the 

IATTC Convention Area (50 CFR 

300.25(a)(2)). Second, the proposed rule 

would maintain the prohibition on 

purse seine vessels of class size 4 to 6 

(i.e., vessels with a carrying capacity 

greater than 182 mt) from fishing for 

tropical tuna in the IATTC Convention 

Area for a period of 72 days (50 CFR 

300.25(e)(1)). Specifically, vessels will 

continue to be prohibited from fishing 

in the EPO for 72 days during one of the 

following two periods: (1) From July 29 

to October 8; or (2) from November 9 to 

January 19 of the following year (50 CFR 

300.25(e)(1)(i) and (ii)). Third, the 

proposed rule would maintain a closure 

period (i.e., Corralito closure) for the 

purse seine fishery for tropical tuna 

within the area of 96° and 110° W and 

between 4° N and 3° S from 0000 hours 

on October 9 to 2400 hours on 

November 8 (50 CFR 300.25(e)(5)). The 

three regulations described in this 

paragraph would be amended by this 

proposed rule solely to specify that they 

apply beyond the 2021 calendar year 

and would no longer be linked to 

specific years in the regulations. Due to 

the addition of new requirements in 

§ 300.25(e) (discussed later in this 

section), the closure requirement 

described in § 300.25(e)(5) would also 

be moved to § 300.25(e)(6). 

This proposed rule would also 

continue, for 2022 and beyond, several 

other regulations that were in effect in 

2021 but that did not specify in the 

regulatory text the calendar years to 

which they apply. Therefore, under this 

proposed rule, those regulations would 

continue to be in effect with no changes 

or with minor clarifying revisions, as 

indicated below: 

• Provisions related to transferring 

longline catch limits for bigeye tuna 

between IATTC members (50 CFR 

300.25(a)(5)). 

• Provisions related to selection of a 

72-day closure period (50 CFR 

300.25(e)(2) and (3)). Due to the 

addition of new regulations in 

§ 300.25(e), these provisions would be 

moved from § 300.25(e)(2) and (3) to 

§ 300.25(e)(3) and (4), and they would 

also include minor non-substantive 

clarifying revisions. 

• Provisions related to exemptions 

from the 72-day closure period 

requirement due to force majeure (50 

CFR 300.25(e)(4)). Due to the addition of 

new requirements in § 300.25(e), these 

provisions would be moved from 

§ 300.25(e)(4) to § 300.25(e)(5). The 

regulation would also include nonsubstantive revisions intended to clarify 

eligibility for a force majeure 

exemption. 

• Requirements related to stowing 

gear during time/area closure periods 

(50 CFR 300.25(e)(6)). Due to the 

addition of new requirements in 

§ 300.25(e), this requirement would be 

moved from § 300.25(e)(6) to 

§ 300.25(e)(7). 

• A requirement for all tropical tuna 

to be retained on board and landed 

(with certain exceptions) (50 CFR 

300.27(a)). 


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• A number of restrictions related to 

FADs for purse seine vessels in the 

IATTC Convention Area (50 CFR 

300.22(a)(3); 50 CFR 300.28). Due to 

proposed changes to § 300.22, the FAD 

restrictions in § 300.22(a)(3) would be 

moved to § 300.22(c). The regulation 

would include some non-substantive 

revisions intended to clarify the existing 

reporting requirements for Active FADs. 

• The prohibitions against failing to 

comply with gear-stowing restrictions, 

retention requirements, and FAD-related 

restrictions (50 CFR 300.24(e), (f), (m), 

(nn), (oo), and (pp)). 

This proposed rule would implement 

several new fishing restrictions on purse 

seine vessels, in accordance with 

Resolution C–21–04. The new 

restrictions include a system of 

additional closure days for class 4–6 

purse seine vessels that exceed specified 

annual catch levels for bigeye tuna (see 

proposed 50 CFR 300.25(e)(2)). These 

catch levels would begin at 1,200 mt of 

bigeye tuna with 10 additional closure 

days and would increase incrementally 

by 300 mt and 3 additional closure days 

beyond that level. In 2023 and 2024, 

U.S. purse seine vessels that exceed a 

certain annual catch level of bigeye tuna 

would be required to increase the 

number of closure days they observe in 

the following year, as specified in Table 

1. 

TABLE 1—BIGEYE TUNA CATCH LEVELS AND CORRESPONDING ADDITIONAL CLOSURE DAYS

Catch level (mt) exceeded 

Additional 

closure days 

observed 

1,200 ..................................... 10 

1,500 ..................................... 13 

1,800 ..................................... 16 

2,100 ..................................... 19 

2,400 ..................................... 22 

In addition, the proposed rule would 

implement minor revisions to force 

majeure exemptions from the 72-day 

closure period requirement to clarify 

when to submit information to NMFS 

and that the exemption does not apply 

to the additional closure days (see 

proposed 50 CFR 300.25(e)(5)(i)–(vi)). 

The proposed rule would also 

implement several new restrictions on 

FADs. These include proposed changes 

to 50 CFR 300.28(c) to provide for a 

gradual reduction in the number of 

active FADs allowed from 2022 to 2024 

and beyond, additional reporting 

requirements for satellite buoys, 

including specific information about 

activations and deactivations, in 

proposed 50 CFR 300.22(c)(3), and (4), 

and specification of circumstances 

where activations and deactivations are 

allowed in the proposed changes to 50 

CFR 300.28(d) and (e). The proposed 

rule would also implement new 

requirements for vessel owners or 

operators to report cannery data directly 

to the IATTC, and to also make the data 

available to NMFS upon request, no 

later than 10 days after completion of 

unloading and the last day of grading by 

size (see proposed 50 CFR 300.22(d)). 

Cannery data reported to NMFS would 

be treated as confidential in accordance 

with NOAA Administrative Order 216– 

100 for confidential fisheries data, and 

data provided from NMFS to IATTC or 

directly to IATTC from vessel owners or 

operators would be kept confidential 

according to IATTC confidentiality 

standards. Further instructions about 

reporting would be included in a 

compliance guide available with the 

final rule. The proposed changes to 50 

CFR 300.21 would add definitions for 

‘‘activation of a satellite buoy,’’ 

‘‘deactivation of a satellite buoy,’’ 

‘‘reactivation of a satellite buoy,’’ 

‘‘signal loss,’’ and would revise the 

‘‘Active FAD’’ definition. The 

corresponding prohibitions listed in 

proposed 50 CFR 300.24 are also 

updated accordingly. Finally, this action 

also notifies the public that, consistent 

with the VMS reporting requirements 

specified in paragraph 25 of Resolution 

C–21–04 and beginning on January 1, 

2023. NMFS would report VMS data, 

which vessels are currently required to 

submit under 50 CFR 300.26, to the 

IATTC. VMS data reported from NMFS 

to the IATTC would be kept confidential 

according to IATTC confidentiality 

standards. 

In addition to implementing the 

measures in the tropical tuna resolution, 

the proposed rule would also slightly 

reorganize 50 CFR part 300, subpart C 

and clarify existing regulations 

pertaining to the IATTC Regional Vessel 

Register (RVR). Specifically, the 

regulations in 50 CFR 300.23, ‘‘Persons 

and vessels exempted,’’ would be 

moved to 50 CFR 300.20, ‘‘Purpose and 

scope,’’ and the regulations pertaining 

to the RVR, currently found in 50 CFR 

300.22(b), would be moved to 50 CFR 

300.23, which would be renamed 

‘‘IATTC Regional Vessel Register.’’ This 

change is intended to provide easier 

access to the RVR regulations. The RVR 

regulations in 50 CFR 300.23 would also 

include some minor housekeeping edits 

for clarifying purposes. 

Silky Shark Regulations 

The IATTC also extended existing 

conservation measures for silky shark 

without change (see Resolution C–21– 

06). Therefore, under this proposed rule 

the silky shark regulations in 50 CFR 

300.27 (e) and (f) would continue to be 

in effect without change. Those 

regulations prohibit U.S. purse seine 

and longline vessels from retaining on 

board, transshipping, storing, or landing 

any part or whole carcass of a silky 

shark, with the exception of silky shark 

caught by purse seine that is not seen 

during fishing operations and is 

delivered into the vessel hold. Even 

though the text of those regulations will 

remain unchanged, NMFS is proposing 

to change the title of § 300.27(e) to make 

clear that paragraph applies to both 

purse seine and longline vessels. 

Classification 

The NMFS Assistant Administrator 

has determined that this proposed rule 

is consistent with the TCA and other 

applicable laws, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

This proposed rule includes changes 

to collection of information 

requirements for purposes of the 

Paperwork Reduction Act of 1995. The 

existing collection of information 

requirements for longline vessels would 

continue to apply under OMB Control 

Number 0648–0214 (Pacific Islands 

Region Logbook Family of Forms). 

NMFS is amending the supporting 

statement for the West Coast Region 

Pacific Tuna Fisheries Logbook, Fish 

Aggregating Device Form, and Observer 

Safety Reporting, Office of Management 

and Business (OMB) Paperwork 

Reduction Act (PRA) requirements 

(OMB Control No. 0648–0148) to 

include the new data collection 

requirements for deactivations and 

reactivations of satellite buoys 

associated with FADs and for cannery 

data as described in the preamble. 

NMFS estimates that the public 

reporting burden for the collection of 

information for satellite buoys 

associated with FADs will average 3 

minutes per form and average 5 minutes 

for cannery data, including time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

NMFS requests any comments on the 

addition of the FAD buoy and cannery 

data collection to the PRA package, 

including whether the paperwork would 

unnecessarily burden any vessel owners 

and operators. Public comment is 

sought regarding: Whether this 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 


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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 the ADDRESSES above, and by email to 

OIRA_Submission@omb.eop.gov, or fax 

to (202) 395–5806. 

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. 

All currently approved NOAA 

collections of information may be 

viewed at: https://www.reginfo.gov/ 

public/do/PRAMain. 

Pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. 605(b), the Chief Counsel 

for Regulation of the Department of 

Commerce certified to the Chief Counsel 

for Advocacy of the Small Business 

Administration that this proposed rule, 

if adopted, would not have a significant 

economic impact on a substantial 

number of small entities. The rationale 

for the certification is provided in the 

following paragraphs. 

The action proposed would 

implement provisions of Resolution C– 

21–04 and C–21–06. This action would 

apply to U.S. commercial fishing vessels 

using longline and purse seine gear and 

fishing for tropical tuna stocks in the 

IATTC Convention Area. There are three 

objectives of the proposed action: (1) 

Manage U.S. fishing activities for 

tropical tuna in the EPO for the benefit 

of maximizing harvests while avoiding 

overfishing, (2) maintain mitigation 

measures for silky shark, and (3) fulfill 

the international obligations of the 

United States as a member of the 

IATTC. 

As described under ‘‘Proposed 

Regulations’’ several regulations are 

already in place and would not be 

substantively amended through this 

rulemaking. Without the proposed 

action, U.S. fisheries would be allowed 

to target tropical tuna in the Convention 

Area without restrictions (except for 

existing permit requirements). This may 

contribute to overfishing conditions of 

tuna resources and fewer conservation 

measures for silk sharks. Managing 

stocks at or above levels able to produce 

maximum sustainable yield is intended 

to benefit both the stocks and the 

fisheries in the EPO by allowing for the 

production of the stocks to be 

maintained at levels where the largest 

catch can be taken over time. The 

implementation of Resolution C–21–04 

and C–21–06 through the proposed 

action will result in the sharing of 

sustainable benefits from Pacific tuna 

fishery resources among the IATTC 

member and cooperating non-member 

countries. The entities directly affected 

by the actions of this proposed rule are: 

(1) U.S. purse seine vessels that fish for 

tuna or tuna-like species in the IATTC 

Convention Area, and (2) U.S. longline 

vessels greater than 24 meters in overall 

length that catch bigeye tuna in the 

IATTC Convention Area. 

For Regulatory Flexibility Act (RFA) 

compliance purposes only, NMFS 

issued a final rule establishing a small 

business size standard of $11 million in 

annual gross receipts for all businesses 

primarily engaged in the commercial 

fishing industry (NAICS 11411) (80 FR 

81194, Dec. 29, 2015). The $11 million 

standard became effective on July 1, 

2016 and replaced previous U.S. Small 

Business Administration small business 

standards for the finfish (NAICS 

114111), shellfish (NAICS 114112), and 

other marine fishing (NAICS 114119) 

sectors of the U.S. commercial fishing 

industry in all NMFS rules subject to 

the RFA after July 1, 2016. Id. at 81194. 

NMFS prepared analyses for this 

regulatory action based on these size 

standards. All of the entities directly 

regulated by this regulatory action are 

commercial finfish fishing businesses. 

Under these size standards, the U.S. 

purse seine vessels regulated by this 

action include both large and small 

businesses. The longline vessels this 

action applies to are considered to be 

small businesses. 

U.S. Purse Seine Vessels Fishing in the 

IATTC Convention Area 

There are two components to the U.S. 

tuna purse seine fishery in the EPO: (1) 

Large purse seine vessels (class size 6; 

greater than 363 mt carrying capacity) 

that typically have been based in the 

western and central Pacific Ocean 

(WCPO), and (2) coastal purse seine 

vessels with smaller fish hold volumes 

(size class 2–3; between 46–181 mt 

carrying capacity) that are based on the 

U.S. West Coast. Although Resolution 

C–21–04 and the proposed regulations 

include restrictions for class size 4–5 

(182–363 mt carrying capacity) purse 

seine vessels, there are currently no U.S. 

vessels of class sizes 4–5 registered to 

fish in the IATTC Convention Area, nor 

have there been in the past ten years. 

Therefore, the proposed regulations for 

class size 4–5 purse seine vessels are not 

expected to have any impact on U.S. 

vessel owners or operators. 

As of January 2022, there are 15 class 

size 6 U.S. purse seine vessels registered 

to fish in the IATTC Convention Area. 

From 2005 through 2014, three or fewer 

class 6 purse seine vessels fished in the 

Convention Area. From 2015 and 

onward, more than three purse seine 

vessels fished in the Convention Area. 

The U.S. class size 6 purse seine vessels 

target skipjack tuna by fishing on 

floating objects and unassociated sets; 

they also catch and retain yellowfin and 

bigeye tuna. In addition, one U.S. class 

6 purse seine vessel has permission to 

fish on dolphins in 2022 and may be 

eligible to fish on dolphins in the future. 

This vessel could also fish on floating 

objects and unassociated sets as it has 

done in the past. Prior to 2017, no U.S. 

purse seine vessel had fished on 

dolphins in over 10 years. 

For large purse seine vessels that 

fished exclusively in the EPO, ex-vessel 

price information is not available to 

NMFS because these vessels did not 

land on the U.S. West Coast, and the 

cannery receipts are not available 

through the IATTC. However, Regional 

Purse Seine Logbook (RPL) data from 

NMFS’ Pacific Islands Fisheries Science 

Center (PIFSC), and observer data from 

the IATTC may be used as a proxy for 

fish landings by large U.S. purse seiners, 

in lieu of cannery receipts. Because 

neither gross receipts nor ex-vessel price 

information specific to individual 

fishing vessels are available to NMFS, 

NMFS applied indicative regional 

cannery prices—as approximations of 

ex-vessel prices—to annual catches of 

individual vessels obtained from RPLs 

and IATTC observer data, to estimate 

the vessels’ annual receipts. Indicative 

regional cannery prices are available 

through 2020 (developed by the Pacific 

Islands Forum Fisheries Agency; 

available at https://www.ffa.int/node/ 

425). NMFS estimated vessels’ annual 

receipts during 2019–2020. Using this 

approach, NMFS estimates that, among 

the affected vessels, the range in annual 

average receipts in 2019–2020 was 

$400,000 to $15 million with an average 

of approximately $8 million. 

NMFS estimates the number of 

affected U.S. purse seine vessels using 

the number with Western and Central 

Pacific Fisheries Commission (WCPFC) 

Area Endorsements, which are the 

NMFS-issued authorizations required 

for a vessel to fish commercially for 

highly migratory species (HMS) on the 

high seas in the WCPFC Convention 

Area. As of January 2021, the number of 

U.S. purse seine vessels with WCPFC 

Area Endorsements was 14. Based on 

limited financial information about the 


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affected fishing fleets, and using 

individual vessels as proxies for 

individual businesses, NMFS believes 

that over half of the vessels in the purse 

seine fleet are considered to be small 

entities for purposes of 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 $11 million. 

U.S. Longline Vessels That Fish in the 

IATTC Convention Area 

As of January 2021, the IATTC 

Regional Vessel Register lists 149 U.S. 

longline vessels that have the option to 

fish in the IATTC Convention Area, 35 

of which are large-scale longline vessels 

(i.e., greater than 24 m in overall length). 

The majority of these longline vessels 

have Hawaii Longline Limited Access 

Permits (issued under 50 CFR 665.13). 

Under the Hawaii longline limited 

access program, no more than 164 

permits may be issued. The Hawaii 

longline fisheries include a tunatargeting (including bigeye tuna) deepset fishery and swordfish-targeting 

shallow set fishery. Additionally, there 

are U.S. longline vessels based on the 

U.S. West Coast, some of which operate 

under the Pacific Highly Migratory 

Species (HMS) permit and high seas 

permits. U.S. West Coast-based longline 

vessels operating under the Pacific HMS 

permit fish primarily in the EPO and are 

currently restricted to fishing with deepset longline gear outside of the U.S. 

West Coast exclusive economic zone. 

There have been fewer than three U.S. 

West Coast-based vessels operating 

under the HMS permit since 2005; 

therefore, landings and ex-vessel 

revenue information is not disclosed. 

However, the number of Hawaiipermitted longline vessels that have 

landed in U.S. West Coast ports has 

increased from one vessel in 2006 to 12 

vessels in 2020. In 2020, 837 mt of HMS 

(excluding striped marlin, pelagic 

thresher shark, and bigeye thresher 

shark) were landed in West Coast ports 

by Hawaii permitted longline vessels 

with a total ex-vessel revenue of about 

$4.7 million. The average ex-vessel 

revenue for each vessel is approximately 

$393,000. This is well below the $11 

million threshold for finfish harvesting 

businesses. 

Economic Impacts 

The proposed action is not expected 

to have a significant adverse economic 

impact on the profitability of a 

substantial number of small entities or 

a disproportionate economic effect on 

small entities relative to large entities. 

The entities impacted by the action 

related to purse seine vessels are 

considered to include both large and 

small businesses, and the entities 

impacted by the action related to 

longline vessels are considered to be 

small businesses. All of the measures in 

the Resolution on silky shark have been 

in place for years and therefore make no 

changes to current requirements. The 

majority of the provisions in the tropical 

tuna Resolution maintain purse seine 

regulations that have been in place for 

years and are therefore routine for the 

purse seine fleet. However, as described 

above, there are some new provisions 

included in the new tropical tuna 

Resolution. The proposed changes to the 

2022 regulations to implement these 

new provisions, and the expected 

economic effects of these changes, are 

discussed in detail below. 

Additional closure days: The 

proposed action would add 10 closure 

days for purse seine vessels that catch 

more than 1,200 mt of bigeye tuna, and 

would add 3 additional closure days for 

every additional 300 mt caught beyond 

the 1,200 mt. In reviewing catch levels 

for U.S. purse seine vessels from 2017– 

2020, only one U.S. vessel caught more 

than 1,200 mt in a single year. Thus, it 

is not expected that many, if any, U.S. 

vessels will need to adhere to additional 

closure days. For vessels that may need 

to observe additional closure days, the 

majority of vessels have the option to 

fish in the WCPO, pending closures in 

the WCPFC Convention Area. 

FAD limits and buoy restrictions: 

With respect to limits on active FADs, 

all large U.S. purse seine vessels 

currently on the IATTC Regional Vessel 

Register have a well volume of 1,200 m3

or more. Therefore, the limits of 400 and 

340 active FADs per large U.S. purse 

seine vessel would apply in 2022 and 

beyond, respectively. According to 

2018–2020 purse seine effort data 

provided by IATTC scientific staff, the 

average number of active FADs per U.S. 

vessel is approximately 90 and the 

maximum number per vessel is 271. 

Thus, these proposed regulations are not 

expected to reduce the number of active 

FADs any U.S. purse seine vessel has in 

the water. As a result, these measures 

are not expected to reduce the 

profitability of the fishery, and no 

disproportionate impacts between small 

and large businesses are expected. The 

proposed action to impose restrictions 

on buoy deactivations and reactivations 

are not expected to change the fishing 

behavior of the U.S. fleet. In addition, 

although there are additional reporting 

requirements for active FADs, 

deactivations, and reactivations, vessel 

operators are already expected to be 

collecting the necessary information 

from satellite companies as part of 

current operations, and therefore 

reporting this additional information is 

not expected to impose an additional 

burden that would reduce profitability. 

Reporting requirements: The 

proposed action would also implement 

requirements for reporting cannery data 

to the IATTC and making data available 

to NMFS upon request, as well as 

requirements for NMFS to report VMS 

data to the IATTC beginning in 2023. 

Cannery data is already collected by 

purse seine vessel owners as a part of 

current operations. Vessel owners 

would not need to change any reporting 

requirements for VMS data because data 

is already provided to NMFS and NMFS 

would provide to IATTC. Therefore, 

neither of these reporting requirements 

are expected to reduce the profitability 

of the fishery or have disproportionate 

impacts between small and large 

businesses. 

Force Majeure: The proposed action 

would make minor revisions to force 

majeure regulations for consistency 

with the Resolution and for clarification 

purposes. For example, the revisions 

would clarify that U.S. vessel managers 

send NMFS requests ‘‘no later than 20 

calendar days after the end of the period 

of inactivity due to force majeure,’’ 

versus the existing ‘‘within 20 calendar 

days after the vessel has been unable to 

proceed to sea for 72 days.’’ This would 

give vessels more flexibility, consistent 

with the Resolution, on the timing of 

when they submit their requests. The 

proposed action would also make minor 

edits such as updating contact 

information for force majeure requests 

and clarifying that force majeure does 

not apply to additional closure days for 

exceeding bigeye tuna catch levels. 

Since 2013, when the force majeure 

provisions first went into effect, the 

United States has requested force 

majeure exemptions five times. Because 

U.S. force majeure events are rare and 

unpredictable, it is difficult to speculate 

future situations where a U.S. vessel 

would need to request force majeure. 

The economic effects from these 

revisions would likely be positive for 

vessels that are granted an exemption 

due to force majeure, as the proposed 

measure is expected to provide relief to 

U.S. purse seine vessels that experience 

an unforeseen circumstance and would 

otherwise fish fewer days in a calendar 

year. 

Silky shark: Under the proposed 

action, existing silky shark regulations 

would continue to be in effect without 

change. The existing regulations 

prohibit retention on longline vessels 

and purse seine vessels, with an 

exception for silky shark that is not seen 

during fishing operations and is 


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delivered into the vessel hold. U.S. 

longline vessels fishing in the IATTC 

Convention Area, whether under the 

Hawaii Longline Limited Access Permit 

or the Pacific HMS permit, do not target 

silky shark and all those caught 

incidentally, are released. For purse 

seine vessels, the proposed action 

would continue to allow exemptions for 

silky shark not seen during fishing 

operations and delivered into the vessel 

hold. In these situations, the silky shark 

may be stored on board and landed, but 

the vessel owner or operator must 

surrender the whole silky shark to the 

responsible government authority 

present at the point of landing. If the 

governmental authorities are 

unavailable, the whole silky shark 

surrendered must not be sold or 

bartered but must be donated for 

purposes of domestic human 

consumption. It is not expected that the 

proposed rule would change the vessels’ 

fishing practices, due to the 

continuation of existing regulations. The 

proposed action is not expected to 

reduce profitability; thus, compliance 

with this measure is not expected to 

impose negative economic impacts on 

U.S. longline vessels fishing in the 

IATTC Convention Area. 

In summary, the proposed action is 

not expected to substantially change the 

typical fishing practices of affected 

vessels. Any impact to the income of 

U.S. vessels is expected to be minor. 

Therefore, NMFS has determined that 

the action is not expected to have a 

significant economic impact on a 

substantial number of small entities, or 

a disproportionate economic impact on 

the small entities relative to the large 

entities. Therefore, an Initial Regulatory 

Flexibility Analysis is not required and 

none has been prepared. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: March 22, 2022. 

Samuel D. Rauch, III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300, subpart C is 

proposed to be amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for 50 CFR 

part 300, subpart C, continues to read as 

follows: 

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

■ 2. Revise § 300.20 to read as follows: 

§ 300.20 Purpose and scope. 

(a) The regulations in this subpart are 

issued under the authority of the Tuna 

Conventions Act of 1950, as amended, 

(Act) and apply to persons and vessels 

subject to the jurisdiction of the United 

States. The regulations implement 

recommendations and other decisions of 

the Inter-American Tropical Tuna 

Commission (IATTC) for the 

conservation and management of stocks 

of tunas and tuna-like species and other 

species of fish taken by vessels fishing 

for tunas and tuna-like species in the 

IATTC Convention Area. The Secretary 

of Commerce, in consultation with the 

Secretary of State and, with respect to 

enforcement measures, the U.S. Coast 

Guard, may promulgate such regulations 

as may be necessary to carry out the 

U.S. international obligations under the 

Convention for the Establishment of an 

Inter-American Tropical Tuna 

Commission (Convention), the 

Convention for the Strengthening of the 

Inter-American Tropical Tuna 

Commission Established by the 1949 

Convention between the United States 

of America and the Republic of Costa 

Rica (Antigua Convention), and the Act, 

including recommendations and other 

decisions adopted by the IATTC. 

(b) This subpart does not apply to: 

(1) any person or vessel authorized by 

the IATTC, the Assistant Administrator, 

or any state of the United States to 

engage in fishing for research purposes; 

or 

(2) any person or vessel engaged in 

sport fishing for personal use. 

■ 3. Amend § 300.21 by revising ‘‘Active 

FAD’’ and ‘‘Fish aggregating device 

(FAD)’’ and adding definitions, in 

alphabetical order, for ‘‘Activation of a 

satellite buoy,’’ ‘‘Deactivation of a 

satellite buoy,’’ ‘‘Reactivation of a 

satellite buoy,’’ ‘‘Satellite buoy,’’ and 

‘‘Signal loss,’’ to read as follows: 

§ 300.21 Definitions. 

* * * * * 

Active FAD means a FAD deployed at 

sea where activation of the satellite 

buoy has occurred and the satellite buoy 

is transmitting its location and is being 

tracked by the vessel owner or operator. 

A FAD shall be considered an Active 

FAD unless/until the vessel owner or 

operator is no longer tracking its 

location and the vessel owner or 

operator notifies the IATTC that the 

FAD is deactivated. 

Activation of a satellite buoy means 

the act of initializing network service for 

receiving the satellite buoy’s position. 

Activation is done by the buoy supplier 

company at the request of the vessel 

owner or manager. Following activation, 

the vessel owner pays for the 

communication service. The buoy can 

be transmitting or not, depending if it 

has been switched on. 

* * * * * 

Deactivation of a satellite buoy means 

the act of canceling network service for 

receiving the satellite buoy’s position. 

Deactivation is done by the buoy 

supplier company at the request of the 

vessel owner or manager. Following 

deactivation, the communication service 

is no longer paid for and the buoy stops 

transmitting. 

* * * * * 

Fish aggregating device (FAD) means 

anchored, drifting, floating or 

submerged objects deployed and/or 

tracked by vessels, including through 

the use of radio and/or satellite buoys, 

for the purpose of aggregating target 

tuna species for purse-seine fishing 

operations. 

* * * * * 

Reactivation of a satellite buoy means 

the act of re-initializing network service 

for transmission of a satellite buoy’s 

position after deactivation. The 

procedure is the same as the one to be 

followed for activation of a satellite 

buoy. 

* * * * * 

Satellite buoy means a buoy that uses 

a satellite network service to indicate its 

geographical position and is compliant 

with requirements in § 300.28(a) of this 

section to be clearly marked with a 

unique identification code. 

* * * * * 

Signal loss means the situation in 

which, without any intervention of the 

owner, operator, or manager, a satellite 

buoy cannot be located by the owner on 

a monitoring device. The main causes of 

signal loss are buoy retrieved by another 

vessel or person (at-sea or on-shore), 

FAD sinking, and buoy failure. 

* * * * * 

■ 4. Revise § 300.22 to read as follows: 

§ 300.22 Recordkeeping and reporting 

requirements. 

(a) Logbooks—(1) General logbook 

reporting. The master or other person in 

charge of a commercial fishing vessel or 

commercial passenger fishing vessel 

(CPFV) authorized to fish for tuna and 

tuna-like species in the Convention 

Area, or a person authorized in writing 

to serve as the agent for either person, 

must keep an accurate log of operations 

conducted from the fishing vessel. 

(2) Longline and other non-purse 

seine logbooks. Maintaining and 

submitting any logbook required by 

existing state or federal regulation will 


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be sufficient to comply with paragraph 

(a)(1) of this section. 

(3) Purse seine logbooks. For purse 

seine vessels greater than 400 st (362.8 

mt) carrying capacity that are authorized 

to purse seine for tuna in the 

Convention Area, the log must include 

for each day the date, noon position 

(stated in latitude and longitude or in 

relation to known physical features), 

and the tonnage of fish on board, by 

species. The record and bridge log 

maintained and submitted at the request 

of the IATTC will be sufficient to 

comply with this paragraph (a)(3) and 

with paragraph (a)(1) of this section, 

provided the items of information 

specified by the IATTC are accurately 

entered in the log. For purse seine 

vessels of 400 st (362.8 mt) carrying 

capacity or less, maintaining and 

submitting any logbook required by 

existing state or federal regulation will 

be sufficient to comply with paragraph 

(a)(1) of this section. 

(b) Whale shark encirclement 

reporting. The owner and operator of a 

purse seine fishing vessel of the United 

States that encircles a whale shark 

(Rhincodon typus) while commercially 

fishing in the Convention Area must 

ensure that the incident is recorded on 

the log that is required by paragraphs 

(a)(1) and (a)(3) of this section. The log 

must include the following information: 

The number of individual whale sharks 

with which the vessel interacted, details 

of how and why the encirclement 

happened, where it occurred, steps 

taken to ensure safe release, and an 

assessment of the life status of the whale 

shark upon release (including whether 

the animal was released alive, but 

subsequently died), as may be further 

specified by NMFS. 

(c) FAD reporting—(1) Reporting on 

FAD interactions. U.S. purse seine 

vessel operators must provide the 

observer with the FAD identification 

code and, as appropriate, the other 

information in the FAD interaction 

standard format provided by the HMS 

Branch. U.S. vessel owners and 

operators, without an observer onboard, 

must ensure that any interaction or 

activity with a FAD is reported using a 

FAD interaction standard format 

provided by the HMS Branch. The 

owner and operator shall ensure that the 

form is submitted within 30 days of 

each landing or transshipment of tuna 

or tuna-like species to the address 

specified by the HMS Branch. 

(2) Reporting on Active FADs. U.S. 

vessel owners and operators must 

record or maintain daily information on 

buoy location and acoustic data for all 

Active FADs that have been deployed in 

the water in the IATTC Convention Area 

and report that information to the 

IATTC, using a format and address 

provided by the HMS Branch. Daily 

information on buoy location must 

include date, time, buoy identifier, 

latitude, longitude, IMO number, and 

speed. Daily acoustic data will vary 

depending on the buoy company, but 

must include company, buoy identifier, 

latitude, longitude, date, time, and 

available layers of data. Further 

instructions on reporting data specific 

for different buoys companies are 

available in a compliance guide. This 

information must be submitted for each 

calendar month no later than 90 days 

after the month covered by the report. 

(3) Deactivation of Active FADs. U.S. 

vessel owners and operators must report 

any deactivation of a satellite buoy, 

including the reason for deactivation, 

date, latitude, longitude, buoy identifier, 

and speed. This information must be 

reported to the IATTC, using a format 

and address provided by the HMS 

Branch. This information must be 

submitted for each calendar month no 

later than 90 days after the month 

covered by the report. 

(4) Reactivation of Active FADs. U.S. 

vessel owners and operators must report 

any remote reactivation of a satellite 

buoy, including the reason for remote 

reactivation, date, latitude, longitude, 

buoy identifier, speed. This information 

must be reported to the IATTC, using a 

format and address provided by the 

HMS Branch. This information must be 

submitted for each calendar month no 

later than 90 days after the month 

covered by the report. 

(d) Cannery reporting. U.S. vessel 

owners and operators must report 

processing plant data for fish caught in 

the IATTC Convention Area to the 

IATTC, and also make the data available 

to NMFS upon request, no later than 10 

days after completion of unloading and 

the last day of grading by size. 

Instructions for reporting are available 

in a compliance guide. 

■ 5. Revise § 300.23 to read as follows: 

§ 300.23 IATTC Regional Vessel Register. 

(a) IATTC Regional Vessel Register 

(Vessel Register). The Vessel Register 

shall include, consistent with 

resolutions of the IATTC, all 

commercial fishing vessels and CPFVs 

authorized to fish for tuna and tuna-like 

species in the Convention Area. Except 

as provided under paragraph (a)(1) of 

this section, tuna purse seine vessels 

must be listed on the Vessel Register 

and categorized as active under 

paragraph (c)(2) of this section in order 

to fish for tuna and tuna-like species in 

the Convention Area. 

(1) Exception from requirement for 

inclusion on the Vessel Register. Once 

per year, a vessel that is permitted and 

authorized under an alternative 

international tuna purse seine fisheries 

management regime in the Pacific 

Ocean may exercise an option to fish 

with purse seine gear to target tuna in 

the Convention Area without the 

vessel’s capacity counted towards the 

cumulative carrying capacity described 

under paragraph (c)(1)(i) of this section. 

This exception is for a single fishing trip 

that does not exceed 90 days in 

duration. At any time during the 

calendar year, a vessel exercising this 

exception shall follow the procedures, 

where applicable, described in 

paragraph (c) of this section. No more 

than 32 of such trips are allowed each 

calendar year. After the commencement 

of the 32nd such trip, the Regional 

Administrator shall announce, in the 

Federal Register and by other 

appropriate means, that no more such 

trips are allowed for the remainder of 

the calendar year. Under 

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

assessment fees must be paid for vessels 

exercising this option. 

(2) Requirements for inclusion of 

purse seine vessels on the Vessel 

Register. Inclusion on the tuna purse 

seine portion of the Vessel Register is 

valid through December 31 of each year. 

New tuna purse seine vessels may be 

added to the Vessel Register at any time 

to replace those previously removed by 

the Regional Administrator, provided 

that the total capacity of the 

replacement vessel or vessels does not 

exceed that of the tuna purse seine 

vessel or vessels being replaced. 

(b) Vessel information to be collected 

for the Vessel Register. 

(1) Required information. Information 

on each commercial fishing vessel or 

CPFV authorized to use purse seine, 

longline, drift gillnet, harpoon, troll, rod 

and reel, or pole and line fishing gear 

to fish for tuna and tuna-like species in 

the Convention Area for sale shall be 

collected by the Regional Administrator 

to conform to IATTC resolutions 

governing the Vessel Register. This 

information initially includes, but is not 

limited to, the vessel name and 

registration number; the name and 

business address of the owner(s) and 

managing owner(s); a photograph of the 

vessel with the registration number 

legible; previous vessel name(s) and 

previous flag (if known and if any); port 

of registry; International Radio Call 

Sign; IMO number (if applicable); vessel 

length, beam, and moulded depth; gross 

tonnage, fish hold capacity in cubic 

meters, and carrying capacity in metric 

tons and cubic meters; engine 


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horsepower; date and place where built; 

and type of fishing method or methods 

used. The required information shall be 

collected as part of existing information 

collections as described in this and 

other parts of the CFR. 

(2) IMO numbers. For the purpose of 

this section, an ‘‘IMO number’’ is the 

unique six or seven digit number issued 

for a vessel under the ship identification 

number scheme adopted by the 

International Maritime Organization 

(IMO) and managed by the entity 

identified by the IMO (currently IHS 

Maritime) and is also known as a 

Lloyd’s Register number. 

(3) Requirements for IMO numbers. 

The owner of a fishing vessel of the 

United States used for commercial 

fishing for tuna and tuna-like species in 

the IATTC Convention Area shall 

ensure that an IMO number has been 

issued for the vessel if the vessel’s 

Certificate of Documentation issued 

under 46 CFR part 67 indicates that the 

vessel’s total internal volume is 100 

gross register tons or greater or 100 gross 

tonnage or greater. In addition, the 

owner of a fishing vessel of the United 

States engaging in fishing activities for 

tuna or tuna-like species in the IATTC 

Convention Area, and for which a high 

seas fishing permit under § 300.333 is 

required, shall ensure that an IMO 

number has been issued for the vessel 

if the vessel’s total internal volume is 

less than 100 gross registered tons or 

less than 100 gross tons, but equal to or 

greater than 12 meters in overall length, 

as indicated in the vessel’s Certificate of 

Documentation issued under 46 CFR 

part 67 or State documentation. A vessel 

owner may request that an IMO number 

be issued for a vessel by following the 

instructions given by the administrator 

of the IMO ship identification number 

scheme; those instructions are currently 

available on the website of IHS Markit, 

https://imonumbers.lrfairplay.com/. 

(4) Request for exemption. In the 

event that a fishing vessel owner, after 

following the instructions given by the 

designated manager of the IMO ship 

identification number scheme, is unable 

to ensure that an IMO number is issued 

for the fishing vessel, the fishing vessel 

owner may request an exemption from 

the requirement from the Regional 

Administrator. The request must be sent 

by mail to NMFS HMS Branch, West 

Coast Region, 501 W Ocean Blvd., Suite 

4200, Long Beach, CA 90802, or by 

email to wcr.hms@noaa.gov, and must 

include the vessel’s name, the vessel’s 

official number, a description of the 

steps taken to request an IMO number, 

and a description of any responses from 

the administrator of the IMO ship 

identification number scheme. 

(5) Exemption process. Upon receipt 

of a request for an exemption under 

paragraph (b)(4) of this section, the 

Regional Administrator will, to the 

extent they determine appropriate, 

assist the fishing vessel owner in 

requesting an IMO number. If the 

Regional Administrator determines that 

the fishing vessel owner has followed 

all appropriate procedures and yet is 

unable to obtain an IMO number for the 

fishing vessel, they will issue an 

exemption from the requirements of 

paragraph (b)(3) of this section for the 

vessel and its owner and notify the 

owner of the exemption. The Regional 

Administrator may limit the duration of 

the exemption. The Regional 

Administrator may rescind an 

exemption at any time. If an exemption 

is rescinded, the fishing vessel owner 

must comply with the requirements of 

paragraph (b)(3) of this section within 

30 days of being notified of the 

rescission. If the ownership of a fishing 

vessel changes, an exemption issued to 

the former fishing vessel owner becomes 

void. 

(c) Purse seine Vessel Register listing. 

For a tuna purse seine vessel to be listed 

on the Vessel Register and to be 

categorized as either ‘‘active’’ or 

‘‘inactive’’ in the following calendar 

year, the vessel owner or managing 

owner must submit to the Regional 

Administrator the required permit 

applications, written notifications, and 

fees as described under § 216.24(b) of 

this title and under paragraphs (c)(2) 

and (3) of this section as well as 

payment of the vessel assessment fee, 

where applicable, to the IATTC. 

(1) Restrictions for purse seine vessels. 

The following restrictions apply: 

(i) The cumulative carrying capacity 

of all tuna purse seine vessels on the 

Vessel Register may not exceed 31,866 

cubic meters in a given year; and 

(ii) A purse seine vessel in excess of 

400 st (362.8 mt) carrying capacity may 

not be added to active status on the 

Vessel Register unless the captain of the 

vessel has obtained a valid operator 

permit under § 216.24(b)(2) of this title. 

(2) Active status for purse seine 

vessels. As early as August 1 of each 

year, vessel owners or managing owners 

may request that a purse seine vessel 

qualified to be listed on the Vessel 

Register under paragraph (a)(2) of this 

section be categorized as active for the 

following calendar year. To request a 

purse seine vessel in excess of 400 st 

(362.8 mt) carrying capacity be listed on 

the Vessel Register and be categorized as 

active, the vessel owner or managing 

owner must submit to the Regional 

Administrator the vessel permit 

application and payment of the permit 

application fee and submit to the IATTC 

payment of the vessel assessment fee. 

(i) To request a purse seine vessel of 

400 st (362.8 mt) carrying capacity or 

less be listed on the Vessel Register and 

be categorized as active, the vessel 

owner or managing owner must submit 

to the HMS Branch written notification 

including, but not limited to, a vessel 

photograph, the vessel information as 

described under paragraph (b) of this 

section, and the owner or managing 

owner’s signature, business email 

address, and business telephone and fax 

numbers. If a purse seine vessel of 400 

st (362.8 mt) carrying capacity or less is 

required by the Agreement on the IDCP 

to carry an observer, the vessel owner or 

managing owner must also submit 

payment of the vessel assessment fee to 

the IATTC. 

(ii) The Regional Administrator must 

receive the vessel permit application or 

written notification and payment of the 

permit application fee and payment 

confirmation of the vessel assessment 

fee no later than September 15 for 

vessels for which a DML was requested 

for the following year and no later than 

November 30 for vessels for which a 

DML was not requested for the 

following year. Submission of the vessel 

permit application or written 

notification and payment of the vessel 

assessment fee and permit application 

fee will be interpreted by the Regional 

Administrator as a request for a vessel 

to be categorized as active. 

(3) Inactive status for purse seine 

vessels. 

(i) From August 1 through November 

30 of each year, vessel owners or 

managing owners may request that 

purse seine vessels qualified to be listed 

on the Vessel Register under paragraph 

(a)(2) of this section be categorized as 

inactive for the following calendar year. 

To request a purse seine vessel in excess 

of 400 st (362.8 mt) carrying capacity be 

listed on the Vessel Register and 

categorized as inactive for the following 

calendar year, the vessel owner or 

managing owner must submit to the 

IATTC payment of the associated vessel 

assessment fee. Payment of the vessel 

assessment fee consistent with inactive 

status will be interpreted by the 

Regional Administrator as a request for 

the vessel to be categorized as inactive. 

(ii) To request a tuna purse seine 

vessel of 400 st (362.8 mt) carrying 

capacity or less be listed on the Vessel 

Register and categorized as inactive for 

the following calendar year, the vessel 

owner or managing owner must submit 

to the HMS Branch a written 

notification including, but not limited 

to, the vessel name and registration 

number and the vessel owner or 


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managing owner’s name, signature, 

business address, business email 

address, and business telephone and fax 

numbers. Payment of the vessel 

assessment fee is not required for 

vessels of 400 st (362.8 mt) carrying 

capacity or less to be categorized as 

inactive. 

(iii) At any time during the year, a 

vessel owner or managing owner may 

request that a tuna purse seine vessel 

qualified to be listed on the Vessel 

Register under paragraph (a)(2) of this 

section be categorized as inactive for the 

remainder of the calendar year, 

provided the cumulative carrying 

capacity described in (c)(1)(i) of this 

section is not exceeded. To request a 

purse seine vessel in excess of 400 st 

(362.8 mt) carrying capacity be listed on 

the Vessel Register and categorized as 

inactive for the remainder of the 

calendar year, the vessel owner or 

managing owner must submit to the 

IATTC payment of the associated vessel 

assessment fee. To request a tuna purse 

seine vessel of 400 st (362.8 mt) carrying 

capacity or less be listed on the Vessel 

Register and categorized as inactive for 

the remainder of the calendar year, the 

vessel owner or managing owner must 

submit to the HMS Branch written 

notification as described in (c)(3)(i) of 

this section. Payment of the vessel 

assessment fee is not required for such 

vessels. 

(iv) The vessel owner or managing 

owner of a purse seine vessel listed as 

active on the Vessel Register that has 

sunk may request the vessel be listed as 

sunk and categorized as inactive on the 

Vessel Register. To request the vessel be 

listed as sunk and categorized as 

inactive on the Vessel Register, the 

vessel owner or managing owner must 

submit to the HMS Branch written 

notification within 30 days of the 

vessel’s sinking. Written notification 

shall include, but is not limited to, the 

vessel name, date of sinking, registration 

number, the vessel owner or managing 

owner’s name, signature, business 

address, business email address, and 

business telephone and fax numbers. 

For subsequent calendar years, vessel 

assessment fee payment shall be made 

as described in paragraph (c)(3) of this 

section. 

(v) A vessel listed as inactive or sunk 

on the Vessel Register for more than two 

consecutive calendar years after January 

21, 2020, requesting active status will be 

prioritized according to the hierarchy 

under paragraph (e) of this section. A 

vessel listed as inactive or sunk on the 

Vessel Register for more than two 

consecutive calendar years after January 

21, 2020, will be removed from the 

Vessel Register as described in 

paragraph (f)(9) of this section. 

(d) Frivolous requests for purse seine 

vessels on the Vessel Register. 

(1) Except as described under 

paragraph (d)(2) of this section, requests 

for active status under paragraph (c)(2) 

of this section will be considered 

frivolous if, for a vessel categorized as 

active on the Vessel Register in a given 

calendar year: 

(i) Less than 20 percent of the vessel’s 

total landings, by weight, in that same 

year is comprised of tuna harvested by 

purse seine in the Convention Area; or 

(ii) The vessel did not fish for tuna at 

all in the Convention Area in that same 

year. 

(2) Requests described under 

paragraph (d)(1) of this section will not 

be considered frivolous requests if: 

(i) The vessel’s catch pattern fell 

within the criteria described in 

paragraph (d)(1) of this section as a 

result of force majeure or other 

extraordinary circumstances as 

determined by the Regional 

Administrator; or 

(ii) The vessel’s carrying capacity is 

400 st (362.8 mt) or less and there was 

at least one documented landing of tuna 

caught by the vessel in the Convention 

Area in the calendar year prior to the 

year in which the request is made and 

through November 15 of the year of the 

request, unless the vessel was not able 

to make a landing as a result of force 

majeure or other extraordinary 

circumstances as determined by the 

Regional Administrator. 

(iii) The vessel was listed as inactive 

before January 21, 2020, and has not 

been listed as inactive for more than two 

consecutive calendar years since 

January 21, 2020. 

(e) Listing hierarchy for purse seine 

vessels on the Vessel Register. Requests 

for active status and inactive status will 

be prioritized according to the following 

hierarchy: 

(1) Requests received for replacement 

vessels with a carrying capacity equal to 

or less than a vessel removed from the 

Vessel Register under a request 

described in paragraph (j) of this 

section; 

(2) Requests received for vessels that 

were categorized as active in the 

previous year, unless the request was 

determined to be frivolous by the 

Regional Administrator under paragraph 

(c)(2) of this section; 

(3) Requests received for vessels that 

were categorized as inactive under 

paragraph (c)(3) of this section in the 

previous year, unless that vessel has 

been listed as inactive or sunk under 

paragraph (c)(3) of this section for more 

than 2 consecutive calendar years after 

January 21, 2020; 

(4) Requests for vessels not described 

in paragraphs (e)(1) through (3) of this 

section, and requests, if applicable, by 

replacement vessels for the portion of 

the carrying capacity greater than the 

amount authorized to the vessel that 

was replaced under paragraph (j) of this 

section, will be prioritized on a firstcome, first-served basis according to the 

date and time of receipt, provided that 

the associated vessel assessment fee is 

paid by the applicable deadline 

described in § 216.24(b)(6)(iii) of this 

title; and 

(5) Requests received from owners or 

managing owners of vessels that were 

determined by the Regional 

Administrator to have made a frivolous 

request for active status under 

paragraph (d) of this section or that have 

been listed as inactive or sunk as 

described in paragraph (c)(3) of this 

section for more than two consecutive 

calendar years after January 21, 2020. 

(f) Removal from the Vessel Register. 

A vessel may be removed from the 

Vessel Register by the Regional 

Administrator under any of the 

following circumstances: 

(1) The vessel has sunk and the vessel 

owner or managing owner has not 

submitted written notification as 

described in paragraph (c)(3)(iv) of this 

section. 

(2) By written request of the vessel’s 

owner or managing owner. 

(3) Following a final agency action on 

a permit sanction for a violation. 

(4) For failure to pay a penalty or for 

default on a penalty payment agreement 

resulting from a final agency action for 

a violation. 

(5) The U.S. Maritime Administration 

or the U.S. Coast Guard notifies NMFS 

that: 

(i) The owner has submitted an 

application for transfer of the vessel to 

foreign registry and flag; or 

(ii) The documentation for the vessel 

has been or will be deleted for any 

reason. 

(6) The vessel does not have a valid 

state registration or U.S. Coast Guard 

certificate of documentation. 

(7) For tuna purse seine vessels, by 

written notification from the owner or 

managing owner of the intent to transfer 

the vessel to foreign registry and flag, as 

described in paragraph (i) of this 

section. 

(8) For tuna purse seine vessels, the 

request for active status on the Vessel 

Register has been determined to be a 

frivolous request. 

(9) For tuna purse seine vessels, the 

vessel has been listed as inactive or 

sunk on the Vessel Register for more 


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than two consecutive calendar years 

after January 21, 2020. 

(g) Process for removal from the 

Vessel Register. When a vessel is 

removed from the Vessel Register under 

paragraph (f) of this section, the 

Regional Administrator shall promptly 

notify the vessel owner in writing of the 

removal and the reasons therefore. For 

a removal from the Vessel Register 

under § 300.30(f)(3), the Regional 

Administrator will not accept a request 

to reinstate the vessel to the Vessel 

Register for the term of the permit 

sanction. For a removal from the Vessel 

Register under § 300.30(f)(4), the 

Regional Administrator will not accept 

a request to reinstate the vessel to the 

Vessel Register until such time as 

payment is made on the penalty or 

penalty agreement, or such other 

duration as NOAA and the vessel owner 

may agree upon. 

(h) Procedures for replacing purse 

seine vessels removed from the Vessel 

Register. 

(1) A purse seine vessel that was 

previously listed on the Vessel Register, 

but not included for a given year or 

years, may be added back to the Vessel 

Register and categorized as inactive at 

any time during the year, provided the 

cumulative carrying capacity described 

in (c)(1)(i) of this section is not 

exceeded. The owner or managing 

owner of a purse seine vessel of more 

than 400 st (362.8 mt) carrying capacity 

must pay the vessel assessment fee 

associated with inactive status. The 

owner or managing owner of a purse 

seine vessel of 400 st (362.8 mt) carrying 

capacity or less must submit written 

notification as described in paragraph 

(c)(3) of this section. 

(2) A purse seine vessel may be added 

to the Vessel Register and categorized as 

active in order to replace a vessel or 

vessels removed from active or inactive 

status under paragraph (f) of this 

section, provided the total carrying 

capacity described in (c)(1)(i) of this 

section is not exceeded and the owner 

submits a complete request under 

paragraph (h)(4) of this section. 

(3) Notification of available capacity 

after a purse seine vessel has been 

removed from the Vessel Register will 

be conducted as follows: 

(i) After a purse seine vessel 

categorized as active or inactive is 

removed from the Vessel Register, the 

Regional Administrator will notify 

owners or managing owners of vessels 

eligible for, but not included on, the 

Vessel Register that replacement 

capacity is available on the active or 

inactive list of the Vessel Register. 

(ii) When a purse seine vessel 

categorized as active or inactive on the 

Vessel Register has been removed from 

the Vessel Register under the 

procedures described in paragraph (j) of 

this section, the Regional Administrator 

will not make available the capacity of 

the vessel removed from the Vessel 

Register, and will reserve that capacity 

for a replacement vessel for a period of 

2 years from the date of notification 

described in (j)(4) of this section. The 

replacement vessel will be eligible to be 

listed as active on the Vessel Register at 

the same carrying capacity or less as 

that of the vessel it is replacing. If the 

replacement vessel has a carrying 

capacity greater than the vessel being 

replaced, the vessel owner or managing 

owner may request additional carrying 

capacity allocated to the vessel in 

accordance with paragraph (e)(4) of this 

section. If additional carrying capacity 

is not available, the replacement vessel 

must reduce its carrying capacity to no 

more than the previously authorized 

carrying capacity amount for the vessel 

being replaced by complying with the 

protocol for sealing wells adopted by 

the IATTC, prior to it being listed as 

active on the Vessel Register. Such a 

vessel may apply for additional carrying 

capacity as it becomes available under 

the procedures described in (e)(4) of this 

section. 

(4) Vessel owners or managing owners 

may request a purse seine vessel of 400 

st (362.8 mt) carrying capacity or less be 

categorized as active to replace a vessel 

or vessels removed from the Vessel 

Register by submitting to the HMS 

Branch written notification as described 

in paragraph (c)(2) of this section and, 

only if the vessel is required by the 

Agreement on the IDCP to carry an 

observer, payment of the vessel 

assessment fee to the IATTC within 10 

business days after submission of the 

written notification. The replacement 

vessel will be eligible to be categorized 

as active on the Vessel Register at the 

same carrying capacity or less as that of 

the vessel or vessels it is replacing. If 

the replacement vessel has a carrying 

capacity greater than the vessel being 

replaced, the vessel owner or managing 

owner may request additional carrying 

capacity allocated to the vessel in 

accordance with paragraph (e)(4) of this 

section. If additional carrying capacity 

is not available, the replacement vessel 

must reduce its capacity to no more 

than the previously authorized carrying 

capacity for the vessel or vessels being 

replaced by complying with the 

protocol for sealing wells adopted by 

the IATTC, prior to it being listed as 

active on the Vessel Register. Such a 

vessel may apply for additional carrying 

capacity as it becomes available. 

Payments received will be subject to a 

10 percent surcharge for vessels that 

were listed as active on the Vessel 

Register in the previous calendar year, 

but not listed as inactive at the 

beginning of the calendar year for which 

active status was requested. 

(5) Vessel owners or managing owners 

may request a purse seine vessel in 

excess of 400 st (362.8 mt) carrying 

capacity be categorized as active to 

replace a vessel or vessels removed from 

the Vessel Register by submitting to the 

Regional Administrator the vessel 

permit application as described under 

§ 216.24(b) of this title and payment of 

the vessel assessment fee to the IATTC 

and payment of the permit application 

fee to the Regional Administrator within 

10 business days after submission of the 

vessel permit application for the 

replacement vessel. The replacement 

vessel will be eligible to be categorized 

as active on the Vessel Register at the 

same carrying capacity as that of the 

vessel or vessels it is replacing. If the 

replacement vessel has a carrying 

capacity greater than the vessel being 

replaced, the vessel owner or managing 

owner may request additional carrying 

capacity allocated to the vessel in 

accordance with paragraph (e)(4) of this 

section. If additional carrying capacity 

is not available, the replacement vessel 

must reduce its carrying capacity to no 

more than the previously authorized 

carrying capacity for the vessel or 

vessels being replaced by complying 

with the protocol for sealing wells 

adopted by the IATTC, prior to it being 

listed as active on the Vessel Register. 

Such a vessel may apply for additional 

carrying capacity as it becomes 

available. The replacement vessel will 

also only be eligible to be categorized as 

active on the Vessel Register if the 

captain of the replacement vessel 

possesses an operator permit under 

§ 216.24(b) of this title. Payments 

received will be subject to a 10 percent 

surcharge for vessels that were listed as 

active on the Vessel Register in the 

previous calendar year, but not listed as 

inactive at the beginning of the calendar 

year for which active status was 

requested. 

(6) The Regional Administrator will 

forward requests to replace vessels 

removed from the Vessel Register within 

15 days of receiving each request. 

(i) Transfers of purse seine vessels to 

a foreign registry and flag. The owner or 

managing owner of a purse seine vessel 

listed on the Vessel Register must 

provide written notification to the 

Regional Administrator prior to 

submitting an application for transfer of 

the vessel to foreign registry and flag. 

Written notification must be submitted 


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to the Regional Administrator at least 10 

business days prior to submission of the 

application for transfer. The written 

notification must include the vessel 

name and registration number; the 

expected date that the application for 

transfer will be submitted; and the 

vessel owner or managing owner’s name 

and signature. Vessels that require 

approval by the U.S. Maritime 

Administration prior to transfer of the 

vessel to foreign registry and flag will 

not be subject to the notification 

requirement described in this 

paragraph. 

(j) Aging fleet provision for purse 

seine vessels. 

(1) The vessel owner or managing 

owner of a purse seine vessel listed as 

active or inactive on the Vessel Register 

may request to replace the current 

vessel with a new or used vessel 

without losing the vessel’s placement in 

the hierarchy of requests for active 

status as described in paragraph (e) of 

this section. The replacement vessel 

will be eligible to be listed as active on 

the Vessel Register at the same carrying 

capacity or less as that of the vessel it 

is replacing. If the replacement vessel 

has a carrying capacity greater than the 

vessel being replaced, the vessel owner 

or managing owner may request 

additional carrying capacity be allocated 

to the vessel in accordance with 

paragraph (e)(4) of this section. If 

additional carrying capacity is not 

available at the time the request to be 

listed as active on the Vessel Register is 

received by the Regional Administrator, 

the replacement vessel must reduce its 

carrying capacity to no more than the 

previously authorized carrying capacity 

of the vessel being replaced by 

complying with the protocol for sealing 

wells adopted by the IATTC, prior to it 

being listed as active on the Vessel 

Register. Such a vessel may apply for 

additional carrying capacity as it 

becomes available under the procedures 

described in paragraph (e)(4) of this 

section. This aging fleet provision may 

be used only once per vessel by the 

vessel owner or managing owner. 

(2) A request made under this 

provision may include a request to 

remove the vessel from the Vessel 

Register. The Regional Administrator 

will ensure the amount of carrying 

capacity equal to or less of the vessel 

being replaced will be available for the 

replacement vessel for up to 2 years 

from the date of notification described 

in paragraph (j)(4) of this section. 

(3) To request a vessel be replaced 

under this provision, the vessel owner 

or managing owner must submit to the 

HMS Branch written notification 

including, but not limited to, the vessel 

name and registration number, the 

vessel owner or managing owner’s 

name, signature, business address, 

business email address, and business 

telephone and fax numbers, and the 

expected month and year the 

replacement vessel will be ready to fish 

in the Convention Area. 

(4) Within 30 days of receiving each 

request described in (j)(3) of this 

section, the Regional Administrator 

shall notify the vessel owner or 

managing owner in writing whether the 

request has been accepted or denied, 

and the reasons therefore. 

■ 6. Amend § 300.24 by revising 

paragraphs (n), (ff), (kk), and (ll) to read 

as follows: 

§ 300.24 Prohibitions. 

* * * * * 

(n) Use a fishing vessel of class size 

4–6 to fish with purse seine gear in the 

IATTC Convention Area in 

contravention of § 300.25(e). 

* * * * * 

(ff) Fail to provide information to an 

observer or record or report data on 

FADs as required in § 300.22(c). 

* * * * * 

(kk) When deploying a FAD, activate 

the satellite buoy attached to a FAD in 

a location other than on a purse seine 

vessel at sea as required in § 300.28(b). 

(ll) Fail to activate a satellite buoy 

before deploying a FAD at sea as 

required in § 300.28(b). 

* * * * * 

■ 7. Amend § 300.25 by revising 

paragraphs (a)(2) and (e) as follows: 

§ 300.25 Fisheries management. 

(a) * * * 

(2) There is a limit of 750 metric tons 

of bigeye tuna that may be caught by 

longline gear in the Convention Area by 

U.S. commercial fishing vessels that are 

over 24 meters in overall length. The 

catch limit within a calendar year is 

subject to increase if the United States 

receives a transfer of catch limit from 

another IATTC member or cooperating 

non-member, per paragraph (a)(5) of this 

section. 

* * * * * 

(e) Purse seine closures—(1) 72-day 

closure. A U.S. commercial purse seine 

fishing vessel that is of class size 4–6 

(more than 182 metric tons carrying 

capacity) may not be used to fish with 

purse seine gear in the Convention Area 

for 72 days during one of the following 

two periods: 

(i) From 0000 hours Coordinated 

Universal Time (UTC) July 29 to 2400 

hours UTC October 8, or 

(ii) From 0000 hours UTC November 

9 to 2400 hours UTC January 19 of the 

following year. 

(2) Additional closure days for vessels 

that exceed bigeye tuna catch levels. In 

2023 and 2024, U.S. purse seine vessels 

that exceed a certain annual catch level 

of bigeye tuna must increase the number 

of closure days they observe in the 

following year, as specified in the 

following table. 

TABLE 1 TO PARAGRAPH (E)(2) 

Catch level (mt) 

exceeded 

Additional 

closure days 

observed 

1,200 10 

1,500 13 

1,800 16 

2,100 19 

2,400 22 

(i) The additional days of closure 

must be added to one of the two closure 

periods indicated in paragraph (e)(1). 

For vessels observing the first closure 

period, the additional days must be 

added at the beginning of the closure 

period. For vessels observing the second 

closure period, the additional days must 

be added to the end of the closure 

period. The HMS Branch will confirm 

the determination of annual catch levels 

for U.S. purse vessels based on 

information provided by the IATTC and 

notify any U.S. vessel that exceeds a 

given catch level. 

(ii) [Reserved] 

(3) Choice of closure period. A vessel 

owner, manager, or association 

representative of a vessel that is subject 

to the requirements of paragraph (e)(1) 

of this section must provide written 

notification to the Regional 

Administrator declaring which one of 

the two closure periods identified in 

paragraph (e)(1) of this section their 

vessel will observe in that year. This 

written notification must be submitted 

by email to wcr.hms@noaa.gov and must 

be received no later than May 15 of the 

relevant calendar year. The written 

notification must include the vessel 

name and registration number, the 

closure dates that will be observed by 

that vessel, and the vessel owner or 

managing owner’s name, signature, 

business address, and business 

telephone number. 

(4) Default closure period. If written 

notification is not submitted per 

paragraph (e)(3) of this section for a 

vessel subject to the requirements under 

paragraph (e)(1) of this section, that 

vessel must observe the second closure 

period under paragraph (e)(1)(ii) of this 

section. 

(5) Request for exemption due to force 

majeure. A vessel may request a 

reduced closure period if a force 

majeure event renders the vessel unable 


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to proceed to sea outside one of the two 

closure periods specified in paragraph 

(e)(1) of this section for at least 75 

continuous days. A vessel will only be 

eligible for an exemption due to force 

majeure if the vessel was disabled in the 

course of fishing operations by 

mechanical and/or structural failure, 

fire, or explosion. 

(i) A request for an exemption due to 

force majeure must be made to the 

Highly Migratory Species Branch no 

later than 20 calendar days after the end 

of the period of inactivity due to force 

majeure. The request must be made via 

email to wcr.hms@noaa.gov or by 

contacting the HMS Branch. The request 

must include the name and official 

number of the vessel, vessel owner or 

manager’s name and signature, and 

evidence to support the request, which 

may include but is not limited to 

photographs, repair bills, certificates of 

departure from port, and in the case of 

a marine casualty, a completed copy of 

the U.S. Coast Guard Form CG–2692A 

(See 46 CFR 4.05–10). 

(ii) If accepted by the Sustainable 

Fisheries Division, the request for 

exemption due to force majeure will be 

forwarded to the IATTC Director. If 

declined by the Sustainable Fisheries 

Division, the applicant may provide 

additional information or 

documentation to the Sustainable 

Fisheries Division with a request that 

the initial decision be reconsidered by 

email to wcr.hms@noaa.gov, or by 

contacting the HMS Branch Chief. 

(iii) If the request for an exemption 

due to force majeure is accepted by the 

IATTC, the vessel may observe a 

reduced closure period of 40 

consecutive days in the same year 

during which the force majeure event 

occurred, in one of the two closure 

periods described in paragraph (e)(1) of 

this section. After a request is accepted 

by the IATTC, the vessel owner or 

manager must specify to the HMS 

Branch which 40 consecutive days the 

vessel will observe for their reduced 

closure period. 

(iv) If the request for an exemption 

due to force majeure is accepted by the 

IATTC and the vessel has already 

observed a closure period described in 

paragraph (e)(1) of this section in the 

same year during which the force 

majeure event occurred, the vessel may 

observe a reduced closure period of 40 

consecutive days the following year, in 

one of the two closure periods described 

in paragraph (e)(1) of this section. 

(v) An exemption due to force 

majeure will only apply to the 72-day 

closure period required under paragraph 

(e)(1) of this section. Vessels that are 

both granted a reduced 40-day initial 

closure period due to force majeure 

under paragraph (e)(5) and required to 

observe additional closure days for 

exceeding bigeye tuna catch levels 

under paragraph (e)(2) must observe the 

reduced closure period consecutively 

with the additional closure days by 

adding the additional closure days to 

either the beginning of the first reduced 

closure period or the end of the second 

reduced closure period. 

(vi) Any purse seine vessel for which 

a force majeure request is accepted by 

the IATTC must carry an observer 

aboard authorized pursuant to the 

International Agreement on the 

International Dolphin Conservation 

Program, unless that vessel has been 

granted an exemption from the Regional 

Administrator. 

(6) 31-day area closure. A U.S. fishing 

vessel of class size 4–6 (more than 182 

metric tons carrying capacity) may not 

be used from 0000 hours on October 9 

to 2400 hours on November 8 to fish 

with purse seine gear within the area 

bounded at the east and west by 96° and 

110° W longitude and bounded at the 

north and south by 4° N and 3° S 

latitude. 

(7) Requirement to stow gear. At all 

times while a vessel is in a time/area 

closed period established under 

paragraphs (e)(1) or (6) of this section, 

unless fishing under the exception 

under paragraph (e)(5) of this section, 

the fishing gear of the vessel must be 

stowed in a manner as not to be readily 

available for fishing. In particular, the 

boom must be lowered as far as possible 

so that the vessel cannot be used for 

fishing, but so that the skiff is accessible 

for use in emergency situations; the 

helicopter, if any, must be tied down; 

and launches must be secured. 

* * * * * 

■ 8. Amend § 300.27 by revising 

paragraph (e) to read as follows: 

§ 300.27 Incidental catch and tuna 

retention requirements. 

* * * * * 

(e) Silky shark restrictions for purse 

seine and longline vessels. The crew, 

operator, and owner of a commercial 

purse seine or longline fishing vessel of 

the United States used to fish for tuna 

or tuna-like species is prohibited from 

retaining on board, transshipping, 

storing, or landing any part or whole 

carcass of a silky shark (Carcharhinus 

falciformis) that is caught in the IATTC 

Convention Area, except as provided in 

paragraph (f) of this section. 

* * * * * 

■ 9. Amend § 300.28 by: 

■ (a) Revising paragraphs (b) and (c), 

■ (b) Redesignating paragraphs (d)–(e) 

as paragraphs (f)–(g), 

■ (c) Adding new paragraphs (d) and (e), 

and, 

■ (d) Revising the introductory text to 

newly redesignated paragraph (g). 

The revisions and additions read as 

follows: 

§ 300.28 FAD restrictions. 

* * * * * 

(b) Activating FADs for purse seine 

vessels. When deploying a FAD in the 

IATTC Convention Area, a vessel 

owner, operator, or crew must activate 

the satellite buoy while the FAD is 

onboard the purse seine vessel and 

before it is deployed in the water. 

(c) Restrictions on Active FADs for 

purse seine vessels. U.S. vessel owners 

and operators of purse-seine vessels 

with the following well volume in cubic 

meters (m3) must not have more than 

the following number of Active FADs 

per vessel in the IATTC Convention 

Area at any one time during the 

following years. 

Well volume (m3) Active FAD 

limit 

For 2022 calendar year 

1,200 or more ....................... 400 

426–1,199 ............................. 270 

213–425 ................................ 110 

0–212 .................................... 66 

For 2023 calendar year 

1,200 or more ....................... 340 

426–1,199 ............................. 255 

213–425 ................................ 105 

0–212 .................................... 64 

For 2024 calendar year and beyond 

1,200 or more ....................... 340 

426–1,199 ............................. 210 

213–425 ................................ 85 

0–212 .................................... 50 

(d) Restrictions on satellite buoy 

deactivations. A vessel owner or 

operator that deactivates a satellite buoy 

attached to a FAD must comply with the 

reporting requirements for buoy 

deactivations in § 300.22 (c)(3) of this 

subpart. A U.S. vessel owner or operator 

shall only deactivate a satellite buoy 

attached to a FAD that was activated in 

the IATTC Convention Area in the 

following circumstances: 

(1) Complete loss of signal reception; 

(2) Beaching; 

(3) Appropriation of a FAD by a third 

party; 

(4) Temporarily during a selected 

closure period; 

(5) For being outside of the area 

between the meridians 150° W and 100° 

W, and the parallels 8° N and 10°S; the 

area between the meridian 100° W and 


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the coast of the American continent and 

the parallels 5° N and 15°S; or 

(6) Transfer of ownership. 

(e) Restrictions on satellite buoy 

reactivations. A vessel owner or 

operator that reactivates a satellite buoy 

must comply with the reporting 

requirements for satellite buoy 

reactivations in § 300.22 (c)(4) of this 

subpart. A U.S. vessel owner or operator 

shall only remotely reactivate a satellite 

buoy at sea that was activated in the 

IATTC Convention Area in the 

following circumstances: 

(1) To assist in the recovery of a 

beached FAD; 

(2) After a temporary deactivation 

during the closure period; or 

(3) Transfer of ownership while the 

FAD is at sea. 

* * * * * 

(g) FAD design requirements to reduce 

entanglements. All FADs onboard or 

deployed in the IATTC Convention Area 

by U.S. vessel owners, operators, or 

crew, must comply with the following 

design requirements: 

* * * * * 

[FR Doc. 2022–06345 Filed 3–25–22; 8:45 am] 

BILLING CODE 3510–22–P 


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