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[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Rules and Regulations]
[Pages 96906-96910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28466]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 241129-0306]
RIN 0648-BM70

International Fisheries; Pacific Tuna Fisheries; Fish Aggregating 
Device Design and Reporting Requirements in the Eastern Pacific Ocean

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

ACTION: Final rule.

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SUMMARY: NMFS is issuing and modifying regulations under the Tuna 
Conventions Act (TCA) of 1950, as amended, to implement two Resolutions 
adopted at the 101st Meeting of the Inter-American Tropical Tuna 
Commission (IATTC) in August 2023. These Resolutions include Resolution 
C-23-03 (Amendment to Resolution C-99-07 on Fish Aggregating Devices) 
and Resolution C-23-04 (On the Design and

[[Page 96907]]

Biodegradability of Drifting Fish Aggregating Devices (DFADs) in the 
IATTC Area of Competence). This final rule modifies regulations for the 
design of fish aggregating devices (FADs) in the eastern Pacific Ocean 
(EPO) to require that they be designed with non-entangling and 
biodegradable materials. The rule also requires that vessel owners and 
operators collect data related to the recovery, disposal, or recycling 
of FADs and submit these data to the IATTC, unless the information is 
already collected and submitted to the IATTC by an observer.

DATES: This rule is effective January 6, 2025.

ADDRESSES: A plain language summary of this rule is available at 
https://www.regulations.gov/docket/NOAA-NMFS-2023-0147.
    Copies of supporting documents that were prepared for this rule, 
including the regulatory impact review (RIR), are available via the 
Federal e-Rulemaking Portal: https://www.regulations.gov, docket NOAA-
NMFS-2023-0147, or contact Highly Migratory Species Branch Staff, 
Karter Harmon, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 
90802, or [email protected].
    Written comments and recommendations for this information 
collection should be submitted at the following website: https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by using the search function and entering either the title 
of the collection or the OMB Control Number 0648-0148.

FOR FURTHER INFORMATION CONTACT: Karter Harmon, NMFS West Coast Region 
(WCR), at (562) 980-3248, or [email protected].

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/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
    The United States implements binding decisions of the IATTC as 
domestic regulations under the Tuna Conventions Act of 1950, as 
amended, 16 U.S.C. 951 et seq. (Pub. L. 114-81). 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 Fish Aggregating Devices

    The 101st Meeting of the IATTC was held in Victoria, Canada, in 
August 2023. At this meeting, the IATTC adopted Resolution C-23-03 
(Amendment to Resolution C-99-07 on Fish Aggregating Devices) and 
Resolution C-23-04 (On the Design and Biodegradability of Drifting Fish 
Aggregating Devices (DFADs) in the IATTC Area of Competence).
    Resolution C-23-03 amends Resolution C-99-07 and continues to 
recommend that tender vessels operating in support of vessels fishing 
on FADs in the EPO remain prohibited. The Resolution stipulates that 
vessels may engage in FAD recovery activities that are limited to the 
collection of FADs for final disposal, not maintenance or adjustment. 
The Resolution requires that Members and Cooperating Non-Members report 
all associated information on any such FAD recovery activities to the 
IATTC Secretariat. The Resolution encourages the initiation of FAD 
recovery programs through cooperative initiatives among fishing vessels 
and other vessels implementing recovery projects in the IATTC 
Convention Area. These measures are intended to improve FAD management 
and data collection for FAD-associated fishing sets and to reduce their 
impacts.
    Resolution C-23-04 contains new requirements regarding materials 
that can be used in FADs that are deployed or redeployed in the IATTC 
Convention Area. These include biodegradable and non-entangling 
materials, which would be phased in between 2025 and 2029. Beginning on 
January 1, 2025, purse seine vessel owners and operators are required 
to meet non-entangling design requirements for FADs, and the use of 
mesh nets is prohibited for any part of a FAD. The Resolution defines 
``non-entangling FAD'' as ``a FAD that does not include any netting 
materials for any part of the FAD including both the surface structure 
(e.g., raft) and subsurface structure (e.g., tail).'' Beginning on 
January 1, 2026, purse seine vessel owners and operators are required 
to begin using biodegradable materials in either the surface or 
subsurface portion of FADs. By January 1, 2029, both the surface and 
subsurface portion of the FAD must be composed of biodegradable 
materials. These measures are intended to reduce marine pollution and 
other impacts associated with non-biodegradable FADs.
    NMFS published a proposed rule on July 19, 2024 (89 FR 58698), for 
public review and comment. The comment period closed on August 19, 
2024. The preamble to the proposed rule contains additional background 
information that is not repeated here.

Final Regulations

    This rule is implemented under the TCA (16 U.S.C. 951 et seq.) and 
includes changes to part 300, subpart C of title 50 of the Code of 
Federal Regulations (CFR). This rule implements the following three 
provisions in Resolutions C-23-03 and C-23-04:
    First, the rule establishes new requirements for vessels that 
choose to recover FADs in the IATTC Convention Area for the purpose of 
final disposal. Except for authorized tuna purse seine vessels, vessels 
engaged in recovery activities may not deploy FADs. Recovered FADs must 
be taken on board and brought to port for recycling or final disposal. 
The rule also implements a reporting requirement for information 
associated with all FADs recovered by vessel owners and operators in 
the IATTC Convention Area, unless that information is already reported 
by an observer. These data must be reported to the IATTC scientific 
staff for analysis using a format and address provided by NMFS. Because 
these data are routinely collected by observers, this reporting 
requirement will only apply in situations where a vessel engaged in FAD 
recovery does not have an observer on board.
    Second, beginning on January 1, 2025, U.S. purse seine vessel 
owners and operators will be required to meet non-entangling design 
requirements for FADs deployed or redeployed in the IATTC Convention 
Area. A definition of ``non-entangling FAD,'' consistent with the 
definition adopted by the IATTC, is included in the regulations as 
follows: ``Non-entangling FAD means a FAD that does not include any 
netting materials for any part of the FAD including both

[[Page 96908]]

the surface structure (e.g., raft) and subsurface structure (e.g., 
tail).''
    Third, beginning on January 1, 2026, U.S. purse seine vessel owners 
and operators will be required to meet standards for biodegradable 
materials in either the surface or subsurface components of FADs in the 
IATTC Convention Area. A definition of ``biodegradable,'' consistent 
with the definition adopted by the IATTC, is included in the 
regulations as follows: ``Biodegradable means non-synthetic materials 
and/or bio-based alternatives that are consistent with approved 
international standards for materials that are biodegradable in marine 
environments. The components resulting from the degradation of these 
materials should not be damaging to the marine and coastal ecosystems 
or include heavy metals or plastics in their composition. Examples of 
non-synthetic materials include plant-based materials such as cotton, 
jute, manila hemp (abaca), bamboo, and natural rubber; and animal-based 
materials such as leather, wool, and lard. The approved international 
standards are ASTM D6691, ASTM D7881, and TUV Austria.''
    By January 1, 2026, FADs must be constructed according to one of 
three sets of specifications. Under option one, the surface part of the 
FAD must be made of fully biodegradable materials, except for flotation 
components, but the subsurface part may contain non-biodegradable 
materials (e.g., synthetic raffia, metallic frame, plastic floats, 
nylon ropes). Under option two, the subsurface part of the FAD must be 
made of fully biodegradable materials, but the surface part and any 
flotation components may be made of non-biodegradable materials. Under 
option three, the surface part, except for flotation components, and 
subsurface part must both be made of fully biodegradable materials. All 
three options would allow for plastic-based flotation components (e.g., 
plastic buoys, foam, purse-seine corks). The third option allows an 
exception for satellite buoys that are attached to FADs to track them, 
and for nylon ropes, which can be used exclusively to strengthen the 
structure of the floating or underwater component of the FAD.
    By January 1, 2029, all FADs deployed or redeployed in the IATTC 
Convention Area must be designed and constructed such that the surface 
part and subsurface part are both made of fully biodegradable 
materials, except that any flotation component on the surface part may 
still be made of non-biodegradable materials. The exceptions for 
satellite buoys and nylon ropes will continue to apply.

Public Comments and Responses

    NMFS received two comments during the 30-day comment period on the 
proposed rule, which closed on August 19, 2024. One comment was from a 
member of the general public and was fully supportive of the proposed 
rule as written. The second comment was from American Tunaboat 
Association (ATA), which represents U.S. large purse seine vessels in 
the Pacific Ocean. This comment, while generally supportive, raised two 
issues with the proposed rule text which are addressed below.
    Issue 1: The commenters noted that the length of time needed to 
comply with the collection of information requirements for the FAD 
recovery form is likely to be greater than the 5 minutes estimated in 
the proposed rule.
    NMFS Response: NMFS acknowledges the experience of industry 
participants in providing an estimate of the time burden for filling 
out forms and reporting information to the IATTC. After considering 
this public comment, NMFS has updated the estimated average time burden 
for collection of information associated with this rule from 5 minutes 
to 15 minutes, if FADs are voluntarily retrieved for disposal. However, 
as the commenters pointed out, much of the relevant information would 
already be collected by IATTC observers aboard the U.S. large purse 
seine vessels and therefore the time burden is unlikely to fall upon 
vessel owners and operators except when extenuating circumstances 
preclude the collection of such information by observers.
    Issue 2: The commenters noted that the projected impacts on the 
profitability of the fishery resulting from FAD design requirements in 
this action are uncertain and may be greater than the estimates offered 
in the proposed rule. In particular, the commenters stated that the 
data produced by the IATTC and the International Seafood Sustainability 
Foundation (ISSF) overestimate the average amount of tuna which can 
reliably be harvested from biodegradable FADs and underestimate the 
costs associated with transitioning from traditional to biodegradable 
FADs.
    NMFS Response: NMFS appreciates the perspectives of industry 
participants regarding the economic burden of transitioning from 
traditional to biodegradable FADs. NMFS cited the publicly available 
information from ISSF and the IATTC to estimate costs and harvest 
potential, but also acknowledges the fishing industry may have 
additional experiences with biodegradable FADs. NMFS also acknowledges 
there may be uncertainty and variation in harvest with biodegradable 
FADs between vessels as well.
    However, the costs associated with the transition to the proposed 
FAD designs are not expected to reduce profitability or significantly 
impact the fleet because replacing and redeploying FADs has always been 
considered routine by large purse seine vessels, regardless of design 
type. Due to the routine nature of replacement and redeployment of 
FADs, large purse seine vessels already consider such operating costs. 
Based on available public information, NMFS does not predict that costs 
of replacement and redeployment of biodegradable FADs will vary so 
significantly from current estimates used by large purse seine vessels 
as to impact profitability. As such, the uncertainty highlighted by the 
commenter does not alter our determination, pursuant to the Regulatory 
Flexibility Act, that this action is not expected to have a significant 
economic impact on a substantial number of small entities.

Changes From the Proposed Rule

    The Classification section of this final rule includes an 
adjustment to the estimated time burden of the collection-of-
information requirements, in response to the information submitted by 
industry participants via public comment. No changes to the regulatory 
text were made between the proposed and final rule.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the TCA and other applicable laws.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Paperwork Reduction Act

    This final rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This rule changes the existing requirements for the collection 
of information No. 0648-0148 (West Coast Region Pacific Tuna Fisheries 
Logbook, Fish Aggregating Device Form, and Observer Safety Reporting) 
by requiring U.S. vessel owners and operators who voluntarily recover 
FADs for disposal or recycling to report information to the IATTC, 
unless that information is already collected and submitted to the

[[Page 96909]]

IATTC by an observer onboard the vessel. Current FAD reporting 
requirements under that collection of information would continue to 
apply. Public reporting burden for reporting on recovered FADs is 
estimated to average 15 minutes per form, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    This public reporting burden will only be incurred in potential 
situations where an observer is either not present aboard the vessel, 
or is unable to collect the relevant information due to extenuating 
circumstances. Additionally, under existing regulations at 50 CFR 
300.22(c), vessel owners and operators that do not have an observer on 
board are required to report detailed information on any interaction or 
activity with a deployed FAD, including information about the design of 
the FAD. The public reporting burden for this existing collection of 
information for FAD design will not change as a result of this final 
rule.
    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted at 
the following website: https://www.reginfo.gov/public/do/PRAMain. Find 
this particular information collection by using the search function and 
entering either the title of the collection or the OMB Control Number 
0648-0148.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a 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.

Regulatory Flexibility Act

    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 
during the proposed rule stage that, for purposes of the Regulatory 
Flexibility Act, this action would not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
the certification was published in the proposed rule and is not 
repeated here. Information received through public comment highlights 
uncertainty in some of the costs which may be incurred by the action. 
This information does not alter the analysis of the action as described 
in the proposed rule. Therefore, the initial certification published 
with the proposed rule--that this rule is not expected to have a 
significant economic impact on a substantial number of small entities--
remains unchanged. As a result, a regulatory flexibility analysis was 
not required and none was prepared.

Executive Order 13175

    NMFS has determined that this action would not have a substantial 
direct effect on one or more Indian Tribes, on the relationship between 
the Federal Government and Indian Tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
Tribes; therefore, consultation with Tribal officials under Executive 
Order 13175 is not required, and the requirements of sections (5)(b) 
and (5)(c) of E.O. 13175 also do not apply. A Tribal summary impact 
statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of 
Executive Order 13175 is not required and has not 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: December 2, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
300 as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

0
1. The authority citation for part 300, subpart C, continues to read as 
follows:

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

0
2. Amend Sec.  300.21 by adding definitions, in alphabetical order, for 
``Biodegradable'' and ``Non-entangling FAD'' to read as follows:

Sec.  300.21  Definitions.

* * * * *
    Biodegradable means non-synthetic materials and/or bio-based 
alternatives that are consistent with approved international standards 
for materials that are biodegradable in marine environments. The 
components resulting from the degradation of these materials should not 
be damaging to the marine and coastal ecosystems or include heavy 
metals or plastics in their composition. Examples of non-synthetic 
materials include plant-based materials such as cotton, jute, manila 
hemp (abaca), bamboo, and natural rubber; and animal-based materials 
such as leather, wool, and lard. The approved international standards 
are ASTM D6691, ASTM D7881, and TUV Austria.
* * * * *
    Non-entangling FAD means a FAD that does not include any netting 
materials for any part of the FAD including both the surface structure 
(e.g., raft) and subsurface structure (e.g., tail).
* * * * *

0
3. Amend Sec.  300.22 by adding paragraph (c)(5) to read as follows:

Sec.  300.22  Recordkeeping and reporting requirements.

* * * * *
    (c) * * *
    (5) Reporting on recovered FADs. U.S. vessel owners and operators 
must report information on FADs that are recovered for disposal or 
recycling to the IATTC, unless that information is already reported to 
the IATTC by an observer. This information must be reported using a 
format and address provided by the HMS Branch. The owner and operator 
must ensure that the form is submitted within 30 days of each recovery 
to the address specified by the HMS Branch.
* * * * *

0
4. Amend Sec.  300.24 by adding paragraphs (rr) and (ss) to read as 
follows:

Sec.  300.24  Prohibitions.

* * * * *
    (rr) Except for tuna purse seine vessels, when recovering FADs, 
performing maintenance and adjustments on deployed FADs, or deploying a 
FAD.
    (ss) Deploy or redeploy a FAD in the IATTC Convention Area that 
fails to comply with the FAD design requirements in Sec.  300.28(g) and 
(h).

0
5. Amend Sec.  300.28 by:
0
a. Revising the heading to paragraph (f);
0
b. Adding paragraph (f)(3);
0
c. Revising paragraph (g); and
0
d. Adding paragraph (h).
    The revisions and additions read as follows:

Sec.  300.28  FAD restrictions.

* * * * *

[[Page 96910]]

    (f) Restrictions on FAD deployments, removals, and recovery.
* * * * *
    (3) U.S. vessel owners and operators may recover FADs for final 
disposal or recycling. Recovery activities must be limited to the 
collection of FADs for final disposal or recycling and may not include 
any type of maintenance or adjustment on deployed FADs.
    (g) Non-entangling FAD materials. Beginning January 1, 2025, U.S. 
purse seine vessel owners and operators must ensure that the design and 
construction of any FAD to be deployed or redeployed (i.e., placed in 
the water) in the IATTC Convention Area uses only non-entangling FAD 
materials.
    (h) Biodegradable FAD materials. In addition to complying with the 
requirement to use non-entangling materials specified in paragraph (g) 
of this section, vessel owners and operators must ensure that the 
design and construction of any FAD to be deployed or redeployed in the 
IATTC Convention Area meets the following specifications:
    (1) Beginning January 1, 2026, all FADs deployed or redeployed in 
the IATTC Convention Area must be designed and constructed according to 
one of the following sets of specifications:
    (i) The surface part of the FAD must be made of fully biodegradable 
materials, except for flotation components (e.g., plastic buoys, foam, 
purse-seine corks), whereas the subsurface part of the FAD may contain 
non-biodegradable materials (e.g., synthetic raffia, metallic frame, 
plastic floats, nylon ropes); or
    (ii) The subsurface part of the FAD must be made of fully 
biodegradable materials, whereas the surface part and any flotation 
components (e.g., plastic buoys, foam, purse-seine corks) of the FAD 
may contain non-biodegradable materials (e.g., synthetic raffia, 
metallic frame, plastic floats, nylon ropes); or
    (iii) The surface part, except for flotation components (e.g., 
plastic buoys, foam, purse-seine corks), and subsurface part must be 
made of fully biodegradable materials. Non-biodegradable materials, in 
particular nylon ropes, can be used exclusively to strengthen the 
structure of the floating or underwater component of the FAD.
    (2) Beginning January 1, 2029, all FADs deployed or redeployed in 
the IATTC Convention Area must be made of fully biodegradable 
materials, except for flotation components (e.g., plastic buoys, foam, 
purse seine corks), which may be made of non-biodegradable material. 
Non-biodegradable materials, in particular nylon ropes, can be used 
exclusively to strengthen the structure of the floating or underwater 
component of the FAD.
    (3) Restrictions on biodegradable FAD materials set forth in 
paragraphs (h)(1) and (2) of this section do not apply to satellite 
buoys that are attached to FADs in order to track them.

[FR Doc. 2024-28466 Filed 12-5-24; 8:45 am]
BILLING CODE 3510-22-P
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