Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40731 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this 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 

determined 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 rule involves a safety 

zone lasting approximately 2 hours that 

will prohibit entry within a 400-foot 

radius in the Niagara River in North 

Tonawanda, NY, for a fireworks display. 

It is 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 

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. 

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. 

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 amends 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.T09–0564 to read as 

follows: 

§ 165.T09–0564 Safety Zone; Safety Zone; 

Thunder on the Niagara Fireworks; Niagara 

River; North Tonawanda, NY. 

(a) Location. The following area is a 

safety zone: All waters of the Lake 

Ontario, from surface to bottom, 

encompassed by a 400-foot radius 

around 43°03′22.39′′ N, 078°54′15.59′′ 

W. 

(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 (COTP) Buffalo in the 

enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP Buffalo or his designated 

representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Buffalo or his 

designated representative to obtain 

permission to do so. The COTP Buffalo 

or his designated representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

COTP Buffalo or his designated 

representative. 

(d) Enforcement period. The regulated 

area described in paragraph (a) of this 

section is effective from 8:45 p.m. 

through 10:45 p.m. on August 6, 2022. 

Dated: July 1, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–14542 Filed 7–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220627–0140] 

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. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing 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 final 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 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, the existing 

regulations on silky shark will continue 

in effect with no proposed amendments. 

This final 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: Effective date: This rule is 

effective July 25, 2022. 

Compliance date: Compliance with 50 

CFR 300.22(c)(2) through (4) and (d) is 

required as of August 8, 2022. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

rule, including the Regulatory Impact 

Review, are available via the Federal eRulemaking Portal: https:// 


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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 

On March 28, 2022, NMFS published 

a proposed rule in the Federal Register 

(87 FR 17248) to implement Resolutions 

C–21–04 (Conservation Measures for 

Tropical Tunas in the Eastern Pacific 

Ocean During 2022–2024) and C–21–06 

(Conservation Measures for Shark 

Species, with Special Emphasis on the 

Silky Shark (Carcharhinus Falciformis), 

for the Years 2022 and 2023). These 

Resolutions were adopted at the 

Resumed 98th Meeting of the InterAmerican Tropical Tuna Commission in 

October 2021. The proposed rule 

contains additional background 

information, including information on 

the IATTC and its Convention Area, the 

international obligations of the United 

States as an IATTC member, and the 

need for regulations. The 30-day public 

comment period for the proposed rule 

closed on April 27, 2022. 

The final rule is implemented under 

the Tuna Conventions Act (16 U.S.C. 

951 et seq.). This final rule applies to 

U.S. purse seine vessels of class sizes 4– 

6 and longline vessels greater than 24 m 

in overall length fishing for tropical 

tunas 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. 

IATTC Resolutions on Tropical Tuna 

Conservation and Silky Shark 

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 

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. 

Final Regulations 

This final rule revises 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, these regulations will not 

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 regulations 

will remain in effect until they are 

amended or replaced. 

The TCA gives NMFS the authority 

under paragraph 16 U.S.C. 955(a) to 

promulgate such regulations as may be 

necessary to carry out the United States 

international obligations under the 

Antigua Convention and the TCA, 

including recommendations and 

decisions adopted by the IATTC. 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 regulations 

will 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 

allows existing regulations to remain in 

in effect 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 final rule implements 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 

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 rule maintains 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 

rule maintains 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 


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Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40733 

January 19 of the following year (50 CFR 

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

maintains 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 are 

amended by this rule solely to specify 

that they apply beyond the 2021 

calendar year and are no longer 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) will also be 

moved to § 300.25(e)(6). 

This rule also continues, 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 rule, those 

regulations 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 have been 

moved from § 300.25(e)(2) and (3) to 

§ 300.25(e)(3) and (4), and they 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 have been moved from 

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

regulation also includes non-substantive 

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 has been 

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)). 

• 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 

changes to § 300.22, the FAD 

restrictions in § 300.22(a)(3) have been 

moved to § 300.22(c). The regulation 

also includes 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 rule implements 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 size 4–6 purse seine vessels that 

exceed specified annual catch levels for 

bigeye tuna (see 50 CFR 300.25(e)(2)). 

These catch levels begin at 1,200 mt of 

bigeye tuna with 10 additional closure 

days and increase in increments of 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 

will 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 rule implements 

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 specified in 

table 1 (see 50 CFR 300.25(e)(5)(i) 

through (vi)). 

The rule also implements several new 

restrictions on FADs. These include 

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 50 CFR 

300.22(c)(3) and (4), and specification of 

circumstances where activations and 

deactivations are allowed in the changes 

to 50 CFR 300.28(d) and (e). The rule 

also implements 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 50 CFR 

300.22(d)). Cannery data reported to 

NMFS will 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 will be kept 

confidential according to IATTC 

confidentiality standards such as those 

in C–15–07. Further instructions about 

reporting will be included in a 

compliance guide available after 

publication of the final rule. The 

changes to 50 CFR 300.21 include the 

addition of definitions for ‘‘activation of 

a satellite buoy,’’ ‘‘deactivation of a 

satellite buoy,’’ ‘‘reactivation of a 

satellite buoy,’’ ‘‘signal loss,’’ and revise 

the ‘‘Active FAD’’ definition. The 

corresponding prohibitions listed in 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 will 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 will be kept confidential 

according to IATTC confidentiality 

standards. 

Regional Vessel Register Regulations 

In addition to implementing the 

measures in the tropical tuna resolution, 

the rule also slightly reorganizes 50 CFR 

part 300, subpart C, and clarifies 

existing regulations pertaining to the 

IATTC Regional Vessel Register (RVR). 

Specifically, the regulations in 50 CFR 

300.23, ‘‘Persons and vessels 

exempted,’’ are now found in 50 CFR 

300.20, ‘‘Purpose and scope,’’ and the 

regulations pertaining to the RVR, 

previously found in 50 CFR 300.22(b), 

are now found in 50 CFR 300.23, which 

has been renamed ‘‘IATTC Regional 

Vessel Register.’’ This change is 

intended to improve readability and 

provide easier access to the RVR 

regulations. The RVR regulations in 50 

CFR 300.23 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 rule the silky 

shark regulations in 50 CFR 300.27(e) 

and (f) will 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, 


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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 remains unchanged, 

the heading for § 300.27(e) has been 

changed to make clear that paragraph 

applies to both purse seine and longline 

vessels. 

Public Comments and Responses 

NMFS received three comments 

during the 30-day comment period on 

the proposed rule, which closed on 

April 27, 2022. One comment was 

anonymous and two were from 

individual members of the public. 

Comment 1: One individual 

commenter expressed concern for the 

impacts of silky shark bycatch in 

fisheries due to the life history and 

vulnerability of silky sharks to 

overfishing. The commenter supported 

the extension of silky shark measures to 

help prevent further declines. 

Response: NMFS thanks the 

commenter for the support for extending 

silky shark measures. NMFS agrees that 

due to the incidental catch rate of silky 

shark in tuna purse seine fisheries and 

longline fisheries in the EPO, mitigation 

measures may be needed. 

Comment 2: The anonymous 

commenter supported both tuna and 

silky shark measures in the proposed 

rule and recommended that more 

communication between NMFS and 

U.S. fishing communities take place so 

that increased transparency and a shift 

towards a more co-managed governance 

system can be observed. 

Response: NMFS thanks the 

commenter for the support for extending 

tropical tuna and silky shark measures 

in the EPO. NMFS agrees that 

communication with stakeholders, such 

as those in fishing communities, are 

essential for management. NMFS West 

Coast Region (WCR) hosts public 

meetings at least once a year prior to 

annual meetings of the IATTC where 

stakeholders can provide input and help 

to inform U.S. positions going into 

IATTC meetings. These meetings are 

announced in the Federal Register and 

NMFS encourages those with expertise 

and input to participate in these 

meetings. 

Comment 3: Another individual 

commenter recommended additional 

protections for silky shark to reduce 

bycatch in fisheries, such as additional 

FAD regulations to reduce 

entanglements. 

Response: NMFS thanks the 

commenter for the support for extending 

silky shark measures. NMFS agrees that 

due to the incidental catch rate of silky 

shark in tuna purse seine fisheries using 

FADs in the EPO, mitigation measures 

may be needed. NMFS will continue 

working through the IATTC Working 

Group on FADs to consider additional 

measures to reduce entanglements and 

improve FAD fishing practices to reduce 

bycatch. 

Changes From the Proposed Rule 

No changes were made between the 

proposed and final rule. 

Classification 

The NMFS Assistant Administrator 

has determined that this rule is 

consistent with the TCA and other 

applicable laws. 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

This rule includes changes to 

collection of information requirements 

for purposes of the Paperwork 

Reduction Act of 1995 and amendments 

to Office of Management and Business 

(OMB) Control Number 0648–0148 have 

been submitted to OMB for review and 

approval with regard to the changes 

identified in this final rule. There are no 

changes to information collection for 

OMB Control Number 0648–0214 

(Pacific Islands Region Logbook Family 

of Forms) as a result of this final rule. 

NMFS is amending the supporting 

statement for the West Coast Region 

Pacific Tuna Fisheries Logbook, Fish 

Aggregating Device Form, and Observer 

Safety Reporting, 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. 

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. 

Under section 553(d) of the 

Administrative Procedure Act, an 

agency must delay the effective date of 

regulations for 30 days after publication 

in the Federal Register, unless the 

agency finds good cause to make the 

regulations effective sooner. The 

Assistant Administrator for Fisheries 

has determined that good cause exists to 

issue this final rule without providing a 

30-day delay after publication and 

providing a 15-day delay instead, with 

the exception of new or revised 

recordkeeping requirements at 50 CFR 

300.22(c)(2) through (4) and (d), for 

which compliance will be deferred until 

30 days after publication to comply with 

PRA requirements. 

NMFS is obligated to implement these 

measures as soon as possible to 

conserve silky shark and tropical tuna 

stocks in the EPO and to comply with 

the international obligations of the 

United States under a binding 

resolution adopted by the IATTC under 

the Antigua Convention, which 

constitutes good cause. After two failed 

attempts to adopt the resolutions 

implemented through this rulemaking, 

the IATTC finally adopted those 

resolutions in late-October 2021, a little 

more than two months before existing 

resolutions were set to expire and the 

new resolutions would become 

effective. NMFS therefore did not have 

sufficient time to promulgate 

regulations implementing those 

measures before January 1, 2022. 

Commercial purse seine and longline 

vessels began fishing for tropical tuna in 

the EPO on January 1, 2022. The first 

purse seine closure period, which is a 

key part of the tropical tuna 

management measures, begins on July 

29, 2022. If the rule is further delayed 

with a 30-day delay in the effective date, 

it will not be effective in time for the 

purse seine closure. NMFS will 

therefore be unable to enforce the 

closure period and U.S. fishing vessels 

risk being out of compliance with 

international agreements that are 

intended to prevent overfishing of 

tropical tuna by the purse seine fleet. 

Given this timing, delaying the effective 

date for a full 30 days would be contrary 

to the public interest in conserving 

tropical tuna stocks in the EPO. Such a 

delay would also be contrary to the 

public’s interest in ensuring the U.S. is 

in compliance with its international 

obligations to implement the tropical 

tuna resolution. 

The owners and operators of U.S. 

purse seine and longline vessels 

operating in the EPO are already 


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familiar with how to comply with the 

measures being implemented through 

this rulemaking. Many of the measures 

are identical to the measures that have 

been in place for the past 4 years and 

therefore no additional steps are 

necessary to come into compliance with 

them. As described in the earlier in this 

rule under ‘‘Final Regulations.’’ the new 

measures being implemented by this 

rulemaking include: a system of 

additional closure days for purse seine 

vessels that exceed an annual catch 

level of 1,200 mt for bigeye tuna, 

amendments to provisions related to 

force majeure exemptions from the 72- 

day closure period requirement, 

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. In addition, 

the rule also includes requirements for 

reporting cannery data and VMS data to 

the IATTC. 

As noted earlier in this section, NMFS 

is maintaining the 30-day delay in 

compliance date for the new or revised 

recordkeeping requirements at 50 CFR 

300.22(c) through (4) and (d). The steps 

required to come into compliance with 

the remaining new regulations 

implemented by this rulemaking 

involve reading and becoming familiar 

with the following regulations amended 

by this rule to specify that they apply 

beyond the 2021. This includes 

regulations for the 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)), closure for fishing for 

tropical tuna in the IATTC Convention 

Area for a period of 72 days (50 CFR 

300.25(e)(1)), and maintaining a closure 

period for the purse seine fishery for 

tropical tuna within the area of 96ß and 

110ß 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)). 

NMFS is confident this can be 

accomplished within a week of 

publication of this rule. Many of the 

affected individuals attended the IATTC 

meetings in 2021 and were therefore 

apprised of these new measures when 

they were adopted. Industry 

representatives were also consulted in 

advance of the meetings through a U.S. 

Delegation call and were involved in 

briefings and discussions with the U.S. 

Department of State and NOAA officials 

on the periphery of the October 2021 

IATTC meeting. Providing 15 days for 

entities to meet the requirements of this 

rule balances their need for time to 

comply with the need to effectively 

manage the tropical tuna stock and meet 

the United States’ obligation to enact the 

first purse seine closure on July 29. As 

soon as the rule is published, NMFS 

will send a notice of this rule to owners 

of vessels that are affected by this rule. 

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 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 (March 28, 2022, 87 FR 

17248) and is not repeated here. No 

comments were received regarding this 

certification. As a result, a regulatory 

flexibility analysis was not required and 

none was prepared. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: June 27, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, the National Marine Fisheries 

Service amends 50 CFR part 300, 

subpart C, as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart C—Eastern Pacific Tuna 

Fisheries 

■ 1. The authority citation for 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: 

■ a. Adding in alphabetical order a 

definition for ‘‘Activation of a satellite 

buoy’’; 

■ b. Revising the definition of ‘‘Active 

FAD’’; 

■ c. Adding in alphabetical order a 

definition for ‘‘Deactivation of a satellite 

buoy’’; 

■ d. Revising the definition of ‘‘Fish 

aggregating device (FAD)’’; and 

■ e. Adding definitions in alphabetical 

order for ‘‘Reactivation of a satellite 

buoy’’, ‘‘Satellite buoy’’, and ‘‘Signal 

loss’’. 

The revisions and additions read as 

follows: 

§ 300.21 Definitions. 

* * * * * 

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. 

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. 

* * * * * 

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 


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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) 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 

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 (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 


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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 50 CFR 

216.24(b)(6)(iii)(C), 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 

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 part 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) 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 50 CFR 

216.24(b) 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 50 CFR 216.24(b)(2). 

(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 


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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 

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 paragraph (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 paragraph 

(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) 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 50 CFR 216.24(b)(6)(iii); 

and 


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(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 

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 paragraph (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 paragraph (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 paragraph (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 paragraph (e)(4). 

(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 

50 CFR 216.24(b) and payment of the 

vessel assessment fee to the IATTC and 

payment of the permit application fee to 


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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 50 

CFR 216.24(b). 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 

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 

(i). 

(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). 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 paragraph (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) to read 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. (i) 

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 

table 1 to this paragraph (e)(2). 

(ii) The additional days of closure 

must be added to one of the two closure 

periods indicated in paragraph (e)(1) of 

this section. 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 


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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. 

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 

(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) 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 

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). 

(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 this paragraph (e)(5) and required 

to observe additional closure days for 

exceeding bigeye tuna catch levels 

under paragraph (e)(2) of this section 

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 

paragraph (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) and 

(e) as paragraphs (f) and (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. 


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(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. 

TABLE 1 TO PARAGRAPH (c) 

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). 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 

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). 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. 2022–14115 Filed 7–7–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 220630–0148] 

RIN 0648–BL22 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; Catch 

Limits for Red Grouper 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements 

management measures described in a 

framework action under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP) 

as prepared by the Gulf of Mexico 

Fishery Management Council (Council). 

This final rule increases commercial 

and recreational catch levels for red 

grouper in the Gulf of Mexico (Gulf). 

The purpose of this final rule is to 

prevent overfishing of red grouper and 

to achieve optimum yield (OY) from the 

stock. 

DATES: This final rule is effective on 

August 8, 2022. 

ADDRESSES: Electronic copies of the 

framework action may be obtained from 

the Southeast Regional Office website at 

https://www.fisheries.noaa.gov/action/ 

modification-gulf-mexico-red-groupercatch-limits. The framework action 

includes an environmental assessment, 

a fishery impact statement, a Regulatory 

Flexibility Act analysis, and a regulatory 

impact review. 

FOR FURTHER INFORMATION CONTACT: Dan 

Luers, NMFS Southeast Regional Office, 

telephone: 727–824–5305, email: 

daniel.luers@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the Gulf reef fish 

fishery, including red grouper, under 

the FMP. The Council prepared the FMP 

and NMFS implements the FMP 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

On May 3, 2022, NMFS published a 

proposed rule in the Federal Register to 

implement the management measures 

described in the framework action and 

requested public comment (87 FR 

26178). The proposed rule and the 

framework action provide additional 

background and rationale for the actions 

contained in this final rule. A summary 

of the management measures described 

in the framework action and 

implemented through this final rule is 

described below. All weights described 

in this final rule are in gutted weight. 

Red grouper in the Gulf exclusive 

economic zone is found primarily in 

offshore areas of the eastern Gulf with 

hard bottom, that is, bottom structure 

with relief that attracts fish. Red grouper 

is managed as a single stock with 

commercial and recreational annual 

catch limits (ACLs) and annual catch 

targets (ACTs). Prior to June 1, 2022, the 

stock ACL was allocated 76 percent to 

the commercial sector and 24 percent to 

the recreational sector. On June 1, 2022, 

NMFS implemented the final rule for 

Amendment 53 to the FMP, which 

modified the allocation of the red 

grouper stock ACL to 59.3 percent for 

the commercial sector and 40.7 percent 

for the recreational sector (87 FR 25573, 

May 2, 2022). Amendment 53 and its 

implementing final rule also adjusted 

the catch levels for red grouper based on 

the results of a 2019 stock assessment 

(Southeast Data, Assessment, and 

Review (SEDAR) 61). As specified in 

Amendment 53, the current overfishing 

limit (OFL) and acceptable biological 

catch (ABC) are 4.66 million lb (2.11 

million kg) and 4.26 million lb (1.93 

million kg), respectively. The red 

grouper stock ACL is equal to the ABC. 

Subsequent to the management 

measures the Council recommended in 

Amendment 53, the Council 

recommended further revisions to red 

grouper catch levels based on an interim 

analysis conducted by the NMFS 

Southeast Fishery Science Center 

(SEFSC). This interim analysis indicated 

that Gulf red grouper harvest levels 

could be increased. The Council’s 

Scientific and Statistical Committee 

(SSC) agreed with the results of the 

interim analysis and recommended 

increasing the overfishing limit (OFL) to 

5.99 million lb (2.72 million kg) and 


jspears on DSK121TN23PROD with RULES1