[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Rules and Regulations]
[Pages 6144-6155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-593]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 050620161-7016-02; I.D. 061605A]
RIN 0648-AP61


South Pacific Tuna Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS revises regulations implementing the South Pacific Tuna 
Act of 1988, as amended (SPTA), to reflect the changes agreed to in the 
Third Extension of the Treaty on Fisheries between the Governments of 
Certain Pacific Island States and the Government of the United States 
of America and its annexes, schedules, and implementing agreements, as 
amended (Treaty). New provisions under the Treaty relate to vessel 
monitoring system (VMS) requirements, vessel reporting requirements, 
area restrictions for U.S. purse seine vessels fishing under the 
Treaty, and allowing U.S. longline vessels to fish on the high seas 
portion of the Treaty Area. These actions are intended to bring the 
United States into compliance with its obligations under the Treaty.

DATES: Effective March 12, 2007.

ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA), 
regulatory impact review, environmental assessment, and small entity 
compliance guide that were prepared for this final rule may be obtained 
from the Regional Administrator, NMFS, Pacific Islands Regional Office, 
1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700, or by 
contacting Raymond P. Clarke by telephone at 808-944-2200 or by 
facsimile (fax) at 808-973-2941.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS, Pacific Islands Regional Office, 
and by e-mail to <a href="/cdn-cgi/l/email-protection#4d092c3b2429121f223e3926283f0d22202f6328223d632a223b"><span class="__cf_email__" data-cfemail="9cd8fdeaf5f8c3cef3efe8f7f9eedcf3f1feb2f9f3ecb2fbf3ea">[email protected]</span></a>, or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Raymond P. Clarke, 808-944-2200.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2006, NMFS published a proposed rule (71 FR 45752) 
that would revise regulations at 50 CFR part 300, subpart D, in order 
to implement, under the authority of the SPTA (16 U.S.C. 973 et seq.), 
certain changes recently agreed to in the Treaty. The proposed rule was 
open to public comment through October 10, 2006.
    The objective of this final rule is to fulfill the commitments of 
the United States to implement the amendments made in the Third 
Extension of the Treaty, which was agreed to in 2002 and expires June 
14, 2013, as well as subsequent technical modifications made in the 
seventeenth annual formal consultation of the parties to the Treaty in 
March 2005.
    This final rule implements four modifications to the Treaty, as 
summarized below. References to the term ``FFA'' mean the Pacific 
Islands Forum Fisheries Agency, in its capacity of Treaty Administrator 
on behalf of the Pacific Island parties to the Treaty. In addition to 
revising the regulations to implement these Treaty modifications, the 
regulations are revised to explicitly include the details of certain 
requirements that were until now incorporated only by reference to the 
Treaty and its annexes.
    (1) Modifications to vessel reporting requirements: The purse seine 
vessel reporting requirements have been modified such that: times must 
be reported in Universal Coordinated Time (also known as UTC) rather 
than Greenwich Mean Time (or GMT); catches must be reported in metric 
tons (rather than short tons); the weekly vessel report to the FFA, 
known as the WEEK report, is eliminated; the weekly reports to national 
authorities continue but are amended to indicate whether or not an 
observer is on board the vessel; the report for entry into port for 
unloading must be submitted at least 24 hours prior to (rather than any 
time prior to) the vessel's arrival into port; and the vessel operator 
is required to report the estimated date and time of arrival and the 
estimated date of departure from port in the report for port departure 
and the report entry into port for unloading, as appropriate.
    (2) Modifications to Closed and Limited Areas: Papua New Guinea's

[[Page 6145]]

archipelagic waters are now closed to U.S. purse seine vessels (prior 
to the Third Extension certain of these waters were open to U.S. 
vessels fishing under the Treaty) and the Solomon Islands EEZ is now 
opened to fishing under the Treaty, with the exception of the area from 
the archipelagic baseline for the main island group (as defined in 
Solomon Islands' Delimitation of Marine Waters Act 1978) out to 60 
nautical miles (111 kilometers) that is closed to fishing (prior to the 
Third Extension all but a small portion of the Solomon Islands EEZ was 
a Closed Area; the remainder was a Limited Area in which effort by U.S. 
purse seine vessels was restricted).
    (3) VMS requirements: U.S. purse seine vessels licensed under the 
Treaty are required to have installed and to carry, operate, and 
maintain a VMS unit while in the Treaty Area. The VMS unit and 
attendant software have to be of a type approved by the FFA as Treaty 
Administrator. A list of VMS units and associated software that are 
approved at this time is provided in the following table. The approvals 
are subject to change; an up-to-date list can be obtained from the FFA, 
as Treaty Administrator.

------------------------------------------------------------------------
           Model name                  Model No.       Software version
------------------------------------------------------------------------
Thrane and Thrane Capsat          TT-3022D..........  3.11
 transceiver.
Thrane and Thrane Capsat          TT-3022D..........  3.24
 transceiver.
Thrane and Thrane Capsat          TT-3022D..........  3.28 non-SOLAS
 transceiver.                                          Fishery DistFn-1
Thrane and Thrane Capsat          TT-3022D..........  3.32
 transceiver.
Thrane and Thrane Capsat          TT-3026S Mini-C...  2.12
 transceiver.
Japan Radio Company Limited       JUE-75C...........  8.0
 Inmarsat-C transceiver.
Japan Radio Company Limited       JUE-75CV..........  6.1
 Inmarsat-C transceiver.
Japan Radio Company Limited       JUE-95VM..........  1.0
 Inmarsat-C transceiver.
Trimble Galaxy transceiver......  8005 (Courier)....  5.10
Trimble Galaxy transceiver......  TNL 7001..........  5.10a
Trimble Galaxy transceiver......  TNL 7005 (non       5.10
                                   solas).
Trimble Galaxy transceiver......  TNL 8001            5.10
                                   (Sentinel).
Furuno Inmarsat-C Mobile Earth    Felcom 15.........  DCE F15 V02+FFA
 Station Transceiver.
Furuno Inmarsat-C transceiver...  Felcom 12 (IC-212)  DCE version
                                                       .07+FFA
Furuno Inmarsat-C transceiver...  Felcom 12 (IC-212)  DCE version
                                                       .08+FFA
Furuno Mini-C Mobile Earth        Felcom 16.........  DCE F16 V02+FFA
 Station Transceiver.
Furuno Mini-C Mobile Earth        Felcom 16.........  DCE F16 V03+FFA
 Station Transceiver.
Sailor Inmarsat-C Mobile Earth    H1622D............  TT-10202A Version
 Station Transceiver (SAT-C).                          3.21 non-SOLAS
                                                       Fishery
------------------------------------------------------------------------

    If the VMS unit malfunctions or fails, the owner or operator is 
required to provide notice of such failure or malfunction, submit 
substitute reports by an alternative means at intervals of no greater 
than 8 hours, and if directed by the FFA or NMFS, proceed to a 
designated port to repair or replace the VMS unit. Owners and operators 
of vessels licensed under the Treaty are also required to register 
annually on the FFA Vessel Register (in the past the FFA administered a 
``FFA VMS Register of Foreign Fishing Vessels'' and a ``FFA Regional 
Register of Foreign Fishing Vessels'' but the two have been 
consolidated into a single ``FFA Vessel Register''). NMFS will 
administratively facilitate the applications for registration on the 
register, but vessel owners and operators are responsible for 
completing the FFA registration forms and the payment of associated 
fees.
    The contact information for the FFA, as Treaty Administrator, for 
the purpose of the manual position reports and the notifications 
required in certain circumstances in the VMS-related regulations, as 
well as for informational purposes, is as follows:
    <bullet> Telephone: Country code 677, number 21124.
    <bullet> Facsimile: Country code 677, number 23995.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#297f647a07614c4559694f4f480740475d"><span class="__cf_email__" data-cfemail="5d0b100e731538312d1d3b3b3c73343329">[email protected]</span></a>.
    Updated contact information may be obtained from NMFS (see 
ADDRESSES).
    Additional contact information for the FFA, as Treaty 
Administrator, for informational purposes is as follows:
    <bullet> Internet: http://www.ffa.int.
    <bullet> Mail: Director-General, Pacific Islands Forum Fisheries 
Agency, P.O. Box 629, Honiara, Solomon Islands
    Updated contact information may be obtained from the NMFS American 
Samoa field station, telephone: 684-633-5598; facsimile: 684-633-1400, 
or the NMFS Pacific Islands Regional Office (see ADDRESSES).
    The VMS data will be treated by NMFS as confidential business 
information. However, if VMS data are requested under FOIA, the 
responding agency will be required to determine the releasability of 
the information pursuant to any applicable exemptions. These new VMS 
requirements appear in the revised regulations at 50 CFR 300.45.
    (4) Longline high seas access: This final rule exempts U.S. 
longline vessels from the prohibitions currently listed in 50 CFR 
300.38, effectively allowing authorized U.S. longline vessels to fish 
in the high seas portions of the Treaty Area. The original language of 
the Treaty stated that only purse seine vessels could operate under the 
Treaty, with one exception, that being for albacore vessels that 
trolled (fished) while transiting through the high seas portion of the 
Treaty Area. The unintended consequence of this language is that it did 
not allow for other types of U.S. vessels, including longline vessels, 
to fish on the high seas portions of the Treaty Area. It was never the 
intent of the parties to the Treaty to exclude U.S. longline vessels to 
areas open to all others fleets in the region. In 1999, after an 
expressed interest on the part of the U.S. longline industry, the 
parties agreed to rectify the situation and to allow U.S. longline 
vessels access to the high seas portions of the Treaty Area. This 
exemption for U.S. longline vessels to fish in the high seas portion of 
the Treaty Area appears in the revised regulations at 50 CFR 300.39(a).
    Additional background information may be found in the preamble to 
the proposed rule (71 FR 45752, August 10, 2006).

Comments and Responses

    NMFS received two sets of comments on the proposed rule; summaries 
of those comments, and NMFS' responses, follow (see the Classification 
section for

[[Page 6146]]

comments on the initial regulatory flexibility analysis (IRFA) and 
NMFS' responses).
    Comment 1: There are many required reports involving fish tonnages 
by species and size. The crew makes estimates of these weights without 
the benefit of scales, so the estimates vary from actual weights. The 
proposed requirements in 50 CFR 300.34(a)-(c), which call for reported 
information to be true, complete, correct, accurate and timely, are a 
concern with respect to the expected accuracy of the reports. A literal 
interpretation of the language could place the vessels in an impossible 
position.
    Response: The reporting requirements in 50 CFR 300.34(a) and (b) of 
the rule, which state that reported information must be ``true, 
complete and correct'', are existing regulations; they will not be 
altered by this rulemaking. The contents of the required reports will 
not be modified, either (except in relatively minor ways that should 
have no effect in terms of the attainable accuracy of reported fish 
weights, such as changing the reporting units for fish weights from 
short tons to metric tons). The rulemaking will only add, in 50 CFR 
300.34(c), the terms ``accurate'' and ``timely'' with respect to the 
required reports and notifications. NMFS believes that it is important, 
as well as reasonable, that reported information, including fish 
weights, be accurate. At the same time, NMFS does not interpret the 
term ``accurate'' to necessarily mean that measurements and reports 
thereof must be absolutely precise.
    Comment 2: The preamble to the proposed rule neglected to note the 
duration of the Third Extension of the Treaty, which is 10 years, until 
2013.
    Response: That is correct; the duration of the Third Extension of 
the Treaty was not noted in the proposed rule. Its duration is 10 
years, expiring June 14, 2013.
    Comment 3: The preamble to the proposed rule indicated that the 
contact numbers for the NMFS American Samoa field station include a 
``country code 684'', but the office is actually dialed from within the 
United States as a domestic number.
    Response: That is correct--the preamble to the proposed rule 
included incorrect contact numbers for the NMFS field station in 
American Samoa. American Samoa uses the telephone country code for the 
United States, which is 1. The correct contact numbers for the office 
are: telephone: 684-633-5598; facsimile: 684-633-1400.
    Comment 4: I do not believe in longline fishing; it is dangerous 
for oceans, depletes the supply, makes the balance of marine life 
suffer, and results in other fish and birds getting caught and 
suffering and dying; please do away with this longline fishing.
    Response: The comment is acknowledged, but it addresses an issue 
that is beyond the scope of this rule, the purpose of which is to 
fulfill the obligations of the United States under an international 
agreement, the Third Extension of the Treaty.

Changes to the Proposed Rule

    Three changes have been made to the proposed rule: (1) The 
statement ``The initial list of approved hardware and software will 
appear in the final rule for this action'' has been removed from 
paragraph (d) of proposed 50 CFR 300.45. The referenced list is 
provided in this preamble to the final rule. (2) Corrections have been 
made to the numbering of the paragraphs referred to in 50 CFR 300.38. 
(3) An entry has been added in the table in 15 CFR 902.1(b), of control 
numbers issued by the Office of Management and Budget (OMB), which 
identifies the location of NOAA regulations for which OMB control 
numbers have been issued under the Paperwork Reduction Act (PRA) for 
collections of information. The additional entry identifies that the 
new 50 CFR 300.45, on VMS requirements, contains collection-of-
information requirements and that the associated OMB control number is 
0648-0218.

Delegation of Authority

    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the under Secretary for Oceans and Atmosphere has delegated authority 
to sign material for publication in the Federal Register to the 
Assistant Administrator for Fisheries, NOAA.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the IRFA (which was summarized in the proposed rule), 
a summary of the significant issues raised by the public comments in 
response to the IRFA and NMFS' responses to those comments, and a 
summary of the analyses completed to support the action. A copy of the 
FRFA is available from NMFS (see ADDRESSES). A summary of the FRFA 
follows.

Need for, and Objectives of, the Rule

    A description of the need for, and objectives of, this final rule 
is contained at the beginning of this section in the preamble and in 
the SUMMARY section of the preamble.

Summary of the Significant Issues Raised by the Public Comments in 
Response to the IRFA

    NMFS received one comment on the IRFA (as summarized in the 
proposed rule) and one comment not specifically on the IRFA but on an 
issue with possible economic implications. Those comments, and NMFS' 
responses, follow.
    Comment 1: The owners of vessels licensed under the Treaty now pay 
$2,235 per year for the new combined VMS and vessel registration fee. 
Should that be indicated in the rule?
    Response: The FFA has consolidated what were previously called the 
``FFA VMS Register of Foreign Fishing Vessels'' and the ``FFA Regional 
Register of Foreign Fishing Vessels'' into a single ``FFA Vessel 
Register.'' There is a single annual fee for applying for inclusion on 
the FFA Vessel Register; the fee has been formulated as the sum of two 
components (one of which is the VMS-related component) that correspond 
to the two former registers. The IRFA summary in the preamble to the 
proposed rule included an estimate of only the additional cost that 
would be imposed under the rule; that is, the VMS-related part of the 
fee ($1,375 per vessel per year). The remainder of the payment referred 
to by the commenter (which is actually $2,253, not $2,235) is not 
related to, and will not be affected by, this final rule.
    Comment 2: There are many required reports involving fish tonnages 
by species and size. The crew makes estimates of these weights without 
the benefit of scales, so the estimates vary from actual weights. The 
proposed requirements in 50 CFR 300.34(a)-(c), which call for reported 
information to be true, complete, correct, accurate and timely, are a 
concern with respect to the expected accuracy of the reports. A literal 
interpretation of the language could place the vessels in an impossible 
position.
    Response: The reporting requirements in 50 CFR 300.34(a) and (b) of 
the rule, which state that reported information must be ``true, 
complete and correct'', are existing regulations; they will not be 
altered by this rule. The contents of the required reports will not be 
modified, either (except in relatively minor ways that should have no 
effect in terms of the attainable accuracy of reported fish weights, 
such as changing the reporting units for fish weights from short tons 
to metric tons). The rule will only add, in 50 CFR 300.34(c), the terms 
``accurate'' and ``timely'' with respect to the

[[Page 6147]]

required reports and notifications. NMFS believes that it is important, 
as well as reasonable, that reported information, including fish 
weights, be accurate. At the same time, NMFS does not interpret the 
term ``accurate'' to necessarily mean that measurements and reports 
thereof must be absolutely precise.
    NMFS finds that neither of the issues raised in these public 
comments gives reason to make any changes to the rule. The first issue, 
regarding the VMS-related registration costs, is one merely of 
clarifying the information presented in the IRFA. The second issue, 
regarding the potential difficulty in vessel operators providing 
accurate and timely information, is not a new issue created by this 
rule, and in any case NMFS has not identified any alternative that 
would provide the needed information with a lesser burden on small 
entities. NMFS has not made any changes to the rule as a result of 
these public comments.

Description and an Estimate of the Number of Small Entities to Which 
the Rule Will Apply

    Three of the measures in this final rule, the modified vessel 
reporting requirements, the VMS requirements, and the modified Closed 
and Limited Areas, will apply to owners and operators of U.S. purse 
seine vessels that operate in the Treaty Area. The measure to allow 
longline vessels access to the high seas portion of the Treaty Area 
will apply to owners and operators of U.S. longline vessels operating 
in the Pacific Ocean. Based on the number of U.S. purse seine vessels 
licensed under the Treaty and the number of U.S. longline vessels 
permitted to operate in the Pacific Ocean under the Magnuson-Stevens 
Fishery Conservation and Management Act and/or the High Seas Fishing 
Compliance Act as of June 2006, NMFS estimates that 12 purse seine 
vessels and approximately 183 longline vessels will be subject to the 
rule. These purse seine and longline vessels are owned by approximately 
9 and 183 business entities, respectively. Based on (limited) financial 
information about these fishing fleets, NMFS believes that as many as 7 
and 183 of the affected purse seine and longline business entities, 
respectively, are small business entities (i.e., they have gross annual 
revenues of less than $4.0 million).

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Rule

    The reporting, recordkeeping, and other compliance requirements of 
this final rule are described in the SUPPLEMENTARY INFORMATION section 
of this preamble. The classes of small entities subject to the 
requirements and the types of professional skills necessary to fulfill 
the requirements are as follows:
    (1) Vessel reporting requirements: Approximately seven small 
business entities will be subject to these requirements. The cost of 
compliance will be minor: because the changes have to do only with 
units of measure, the timing of reports, and the reporting of one 
additional piece of information (whether or not an observer is on 
board), they will require only minor modifications in habit on the part 
of the vessel operators. Fulfillment of these reporting requirements is 
not expected to require any professional skills that the vessel owners 
and operators do not already possess.
    (2) Fishing area modifications: Approximately seven small business 
entities will be subject to these requirements. These modifications 
will not impose any new reporting or recordkeeping requirements (within 
the meaning of the PRA) on purse seine vessel owners or operators, but 
they could affect the economic performance of such vessels. It is not 
known whether the density of exploitable stocks in the affected areas 
is greater or less than in the fleet's fishing grounds generally. 
Because the target stocks are a highly fluid resource in this region, 
with high turnover rates and significant movements of fish through the 
region, any such differences are likely to be small. The measure is 
therefore not expected to have a strong direct effect on catch rates or 
resulting economic returns. However, the modifications will affect the 
operational flexibility of U.S. purse seine vessels, and such effects 
could in turn bring economic impacts. Vessels will have greater 
operational flexibility through enhanced access to the Solomon Islands 
EEZ but less flexibility from reduced access to the waters around Papua 
New Guinea. It is not possible to predict whether the expected positive 
impacts to small entities from the former effect will be less than or 
greater than the expected negative impacts from the latter effect. This 
is due to a lack of information about the extent and value of the 
operational flexibility afforded by each of the two affected areas, as 
well as the general difficulty in predicting the behavior of vessels 
that operate in response to many biophysical and economic factors and 
conditions, many of which change markedly from year to year. The 
impact, while difficult to predict, is not expected to differ by entity 
class (i.e. by small versus large entity). Fulfillment of these 
requirements is not expected to require any professional skills that 
the vessel owners and operators do not already possess.
    (3) VMS requirements: Approximately seven small business entities 
will be subject to these requirements. The expected annual cost of 
complying with the VMS requirements is no more than about $4,000 per 
vessel (including annualized costs of $1,000-$2,000 for the purchase of 
VMS units and approximately $200 for the installation and activation of 
VMS units, which might have to be replaced as often as once every four 
years; $1,375 for the VMS portion of the annual FFA Vessel Register 
registration fee; and approximately $500 for maintenance and routine 
operation). This represents about one-tenth of one percent of the total 
costs of production for a typical purse seine vessel, and perhaps as 
much as two-tenths of one percent of the total costs of production for 
the smallest affected small business entity. Fulfillment of these VMS 
requirements is not expected to require any professional skills that 
the vessel owners and operators do not already possess.
    (4) Longline high seas access: Approximately 183 small business 
entities will be subject to this measure. Opening the high seas areas 
of the Treaty Area to U.S. longline vessels will not impose any 
additional reporting, recordkeeping, or other compliance requirements. 
Since the measure will expand the fishing area available to U.S. 
longline vessels, increasing their operational flexibility, it is 
expected to have positive or neutral impacts on affected small 
entities.
    The measures that will apply to the purse seine entities 
(particularly the VMS requirements) will impose the same cost burden on 
small entities as they will on large entities, so the cost as a 
proportion of gross revenues will generally be greater for small 
entities than for large entities. The same is true within the group of 
affected small entities: the smaller the business, the greater the 
burden is likely to be relative to gross revenues, assuming that profit 
margins are similar among firms. However, there is not a great 
difference in size (e.g. in terms of gross revenues) between the 
affected small and large entities or among the small entities, so the 
differences in the relative burdens by entity size are expected to be 
minor. No disproportionate burdens among affected entities according to 
other characteristics, such as homeport or area fished, are expected.
    The measure that will apply to the longline entities (all of which 
are small entities) will not impose any costs on

[[Page 6148]]

any entities, so no disproportionate adverse impacts according to 
entity size will occur. The measure will have positive, if any, impacts 
on affected entities, but since larger vessels tend to have greater 
operating ranges, they are more likely than smaller vessels to be able 
to take advantage of the availability of new fishing grounds and enjoy 
the benefits of the measure. A similar difference in the likelihood of 
benefitting from the measure might also exist according to where a 
vessel is based (e.g. American Samoa versus Hawaii), but the difference 
is not possible to predict.

Steps Taken To Minimize the Significant Economic Impact on Small 
Entities

    NMFS considered several alternatives to this final rule. As a party 
to the Treaty, the U.S. has committed itself to implementation of the 
Treaty amendments. Consequently, NMFS has limited discretion with 
regard to implementation of the SPTA. One alternative NMFS considered 
is to take no action. However, NMFS rejected this alternative because 
it would not achieve the objectives of the SPTA, which are to implement 
the terms of the Treaty. NMFS also considered several alternatives to 
the VMS requirements. One is to encourage voluntary compliance with the 
VMS measures rather than issuing a rule that would make them mandatory. 
To the extent that voluntary compliance is achieved, the costs to small 
entities would be the same as under the preferred alternative. Because 
relying on voluntary compliance would make it difficult to ensure that 
the VMS requirements of the Treaty are met, NMFS rejected this 
alternative. Two other non-regulatory alternatives, which would require 
agreement by the parties to the Treaty, are to obtain the desired 
compliance and monitoring benefits via enhanced vessel observer 
coverage or enhanced aerial and surface surveillance activities rather 
than via a VMS. These alternatives could achieve the objectives of the 
SPTA at potentially lesser cost to small entities. However, the 
projected costs to the public of enhancing vessel observer coverage or 
aerial and surface surveillance to the extent needed to achieve the 
compliance and monitoring benefits offered by a VMS are significantly 
greater than the expected total costs of the VMS alternative. Because 
the cost of a VMS is significantly less than the costs of enhanced 
observer coverage or enhanced aerial and surface monitoring, NMFS 
rejected the alternatives of enhanced observer coverage and enhanced 
aerial and surface monitoring, and selected the VMS alternative for 
adoption in this final rule.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. Copies of the 
small entity compliance guide for this final rule are available from 
NMFS (see ADDRESSES).
    This final rule contains VMS and vessel reporting collection-of-
information requirements subject to the Paperwork Reduction Act (PRA) 
which have been approved by OMB under control number 0648-0218. The 
public reporting burden for the modified vessel reporting requirements 
is estimated to average 1 hour per catch report, with about five catch 
reports per year per respondent, and about 30 minutes per unloading 
logsheet, with about six unloading logsheets per year per respondent. 
The public reporting burden for the VMS requirements is estimated to 
average 30 minutes per year per respondent for what was formerly called 
the FFA Regional Register of Foreign Fishing Vessels application form, 
15 minutes per year per respondent for what was formerly called the FFA 
VMS Register of Foreign Fishing Vessels application form, and 2 hours 
per year per respondent for VMS unit maintenance. As explained 
previously, the FFA consolidated the two previously-used vessel 
registers into a single ``FFA Vessel Register'' on about September 1, 
2005, and there is now a single application form for the register. This 
consolidation had no effect on the information collection requirement 
or the estimated public reporting burden. These estimated burdens 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Send comments regarding these 
burden estimates or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to <a href="/cdn-cgi/l/email-protection#3175504758556e635e42455a5443715e5c531f545e411f565e47"><span class="__cf_email__" data-cfemail="c682a7b0afa29994a9b5b2ada3b486a9aba4e8a3a9b6e8a1a9b0">[email protected]</span></a>, or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    Prior notice and opportunity for public comment are not required 
with respect to the revision to the table of OMB control numbers in 15 
CFR 902.1(b) because this action is a rule of agency organization, 
procedure or practice under 5 U.S.C. 553(b)(A).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: February 5, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 15 CFR chapter IX and 50 CFR 
chapter III are amended to read as follows:

15 CFR CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, 
DEPARTMENT OF COMMERCE

PART 902--NOAA INFORMATION REQUIREMENTS UNDER THE PAPERWORK 
REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.

0
2. In Sec.  902.1, the table in paragraph (b) is amended by adding a 
new entry, ``300.45'', and its corresponding OMB control number, under 
the entry ``50 CFR'', to read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

[[Page 6149]]



------------------------------------------------------------------------
                                                            Current OMB
                                                            control No.
  CFR part or section where the information collection     (all numbers
                 requirement is located                     begin with
                                                              0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR..................................................  ..............
 
                                * * * * *
300.45..................................................           -0218
 
                                * * * * *
------------------------------------------------------------------------

50 CFR CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart D--South Pacific Tuna Fisheries

0
3. The authority citation for 50 CFR part 300, subpart D continues to 
read as follows:

    Authority: 16 U.S.C. 973-973r.


0
4. In Sec.  300.31, definitions for ``FFA Vessel Register'', ``Pacific 
Islands Forum Fisheries Agency'' or ``FFA'', ``UTC'', and ``Vessel 
Monitoring System Unit'' or ``VMS unit'' are added, the definition for 
``Limited Area(s)'' is removed, and definitions for ``Regional 
Administrator'', ``Applicable national law'', ``Closed Area'', and 
``Treaty Area'' are revised to read as follows:


Sec.  300.31  Definitions.

* * * * *
    Applicable national law means any of the laws of Pacific Island 
Parties in the following table and any regulations or other instruments 
having the force of law implemented pursuant to these laws:

------------------------------------------------------------------------
         Pacific Island Party                         Laws
------------------------------------------------------------------------
AUSTRALIA                              Antarctic Marine Living Resources
                                        Conservation Act, 1981.
                                       Fisheries Management Act, 1991.
                                       Fisheries Administration Act,
                                        1991.
                                       Statutory Fishing Rights Charge
                                        Act, 1991.
                                       Fisheries Legislation
                                        (Consequential Provisions) Act,
                                        1991.
                                       Foreign Fishing Licences Levy
                                        Act, 1991.
                                       Fishing Levy Act, 1991.
                                       Fisheries Agreements (Payments)
                                        Act, 1991.
                                       Torres Strait Fisheries Act,
                                        1984.
                                       Whale Protection Act, 1980.
COOK ISLANDS                           Exclusive Economic Zone (Foreign
                                        Fishing Craft) Regulations,
                                        1979.
                                       Territorial Sea and Exclusive
                                        Economic Zone Act, 1977.
                                       Marine Resources Act, 1989.
FEDERATED STATES OF MICRONESIA         Titles 18 and 24 of the Code of
                                        the Federated States of
                                        Micronesia, as amended by Public
                                        Law Nos. 2-28, 2-31, 3-9, 3-10,
                                        3-34, and 3-80.
FIJI                                   Fisheries Act (Cap. 158).
                                       Fisheries Regulations (Cap. 158).
                                       Marine Spaces Act (Cap. 158A).
                                       Marine Spaces (Foreign Fishing
                                        Vessels) Regulations, 1979.
KIRIBATI                               Fisheries Ordinance, 1979.
                                       Fisheries (Amendment) Act, 1984.
                                       Marine Zones (Declaration) Act,
                                        1983.
                                       Fisheries (Pacific Island States'
                                        Treaty with the United States)
                                        Act 1988.
MARSHALL ISLANDS                       Title 33, Marine Resources Act,
                                        as amended by P.L. 1989-56, P.L.
                                        1991-43, and P.L. 1992-25 of the
                                        Marshall Islands Revised Code.
NAURU                                  Interpretation Act, 1971.
                                       Interpretation Act (Amendment)
                                        Act No. 1 1975.
                                       Interpretation Act (Amendment)
                                        Act No. 2 1975.
                                       Marine Resources Act, 1978.
NEW ZEALAND                            Antarctic Marine Living Resources
                                        Act, 1981.
                                       Continental Shelf Act, 1964.
                                       Conservation Act, 1987.
                                       Driftnet Prohibition Act, 1991.
                                       Exclusive Economic Zone (Foreign
                                        Fishing Craft) Regulations,
                                        1978.
                                       Fishing Industry Board Act, 1963.
                                       Fisheries Act, 1983.
                                       Marine Mammals Protection Act,
                                        1978.
                                       Marine Reserves Act, 1971.
                                       Marine Pollution Act, 1974.
                                       Meat Act, 1964.
                                       Territorial Sea and Exclusive
                                        Economic Zone Act, 1977.
                                       Tokelau (Territorial Sea and
                                        Exclusive Economic Zone) Act,
                                        1977.
                                       Submarine Cables and Pipelines
                                        Protection Act, 1966.
                                       Sugar Loaf Islands Marine
                                        Protected Area Act, 1991.
                                       Wildlife Act, 1953.
NIUE                                   Niue Fish Protection Ordinance
                                        1965.
                                       Sunday Fishing Prohibition Act
                                        1980.
                                       Territorial Sea and Exclusive
                                        Economic Zone Act 1978.
PALAU                                  Palau National Code, Title 27.
PAPUA NEW GUINEA                       Fisheries Act (Cap 214).
                                       Fisheries Regulations (Cap 214).
                                       Fisheries (Torres Strait
                                        Protected Zone) Act, 1984.
                                       National Seas Act (Cap 361).
                                       Tuna Resources Management Act
                                        (Cap 224).
                                       Whaling Act (Cap 225).

[[Page 6150]]

 
SOLOMON ISLANDS                        Delimitation of Marine Waters
                                        Act, 1978.
                                       Fisheries Act, 1972.
                                       Fisheries Limits Act, 1977.
                                       Fisheries Regulations, 1972.
                                       Fisheries (Foreign Fishing
                                        Vessels) Regulations, 1981.
                                       Fisheries (United States of
                                        America) (Treaty) Act 1988.
TONGA                                  Fisheries Act, 1989.
TUVALU                                 Fisheries Act (Cap 45).
                                       Fisheries (Foreign Fishing
                                        Vessel) Regulations, 1982.
                                       Marine Zones (Declaration) Act,
                                        1983.
                                       Foreign Fishing Vessels Licensing
                                        (US Treaty) Order 1987.
VANUATU                                Fisheries Act 1982 (Cap 158).
                                       Fisheries Regulations, 1983.
                                       Maritime Zones Act 1981 (Cap
                                        138).
SAMOA                                  Exclusive Economic Zone Act,
                                        1977.
                                       Territorial Sea Act, 1971.
                                       Fisheries Act, 1988.
------------------------------------------------------------------------

* * * * *
    Closed area means any of the areas in the following table, as 
depicted on charts provided by the Regional Administrator and as 
further described in additional information that may be provided by the 
Regional Administrator:

------------------------------------------------------------------------
         Pacific Island Party                         Area
------------------------------------------------------------------------
AUSTRALIA                              All waters within the seaward
                                        boundary of the Australian
                                        Fishing Zone (AFZ) west of a
                                        line connecting the point of
                                        intersection of the outer limit
                                        of the AFZ by the parallel of
                                        latitude 25[deg] 30[min] South
                                        with the point of intersection
                                        of the meridian of longitude
                                        151[deg] East by the outer limit
                                        of the AFZ and all waters south
                                        of the parallel of latitude
                                        25[deg] 30[min] South.
COOK ISLANDS                           Territorial Sea.
FEDERATED STATES OF MICRONESIA         Three nautical mile territorial
                                        sea and nine nautical mile
                                        exclusive fishery zone and on
                                        all named banks and reefs as
                                        depicted on the following
                                        charts:
                                       DMAHTC NO 81019 (2nd. ed., Mar.
                                        1945; revised 7/17/72; corrected
                                        through NM 3/78 of 21 June
                                        1978).
                                       DMAHTC NO 81023 (3rd. ed., 7 Aug.
                                        1976).
                                       DMAHTC NO 81002 (4th. ed., 26
                                        Jan. 1980; corrected through NM
                                        4/80).
FIJI                                   Internal waters, archipelagic
                                        waters and territorial seas of
                                        Fiji and Rotuma and its
                                        Dependencies.
KIRIBATI                               Within archipelagic waters as
                                        established in accordance with
                                        Marine Zones (Declaration) Act
                                        1983; within 12 nautical miles
                                        drawn from the baselines from
                                        which the territorial seas is
                                        measured; and within 2 nautical
                                        miles of any anchored fish
                                        aggregating device within the
                                        Kiribati exclusive economic zone
                                        for which notification of its
                                        location shall be given by
                                        geographical coordinates.
MARSHALL ISLANDS                       12 nautical mile territorial sea
                                        and area within two nautical
                                        miles of any anchored fish
                                        aggregating device within the
                                        Marshall Islands exclusive
                                        economic zone for which
                                        notification of its location
                                        shall be given by geographical
                                        coordinates.
NAURU                                  The territorial waters as defined
                                        by Nauru Interpretation Act,
                                        1971, Section 2.
NEW ZEALAND                            Territorial waters; waters within
                                        6 nautical miles of outer
                                        boundary of territorial waters;
                                        all waters to west of New
                                        Zealand main islands and south
                                        of 39[deg] South latitude; all
                                        waters to east of New Zealand
                                        main islands south of 40[deg]
                                        South latitude; and in respect
                                        of Tokelau: areas within 12
                                        nautical miles of all island and
                                        reef baselines; twelve and one
                                        half nautical miles either side
                                        of a line joining Atafu and
                                        Nukunonu and Faka'ofo; and
                                        coordinates as follows:
                                       Atafu: 8[deg]35[min]10[sec] S,
                                        172[deg]29[min]30[sec] W
                                       Nukunonu: 9[deg]06[min]25[sec] S,
                                        171[deg]52[min]10[sec] W
                                        9[deg]11[min]30[sec] S,
                                        171[deg]47[min]00[sec] W
                                       Faka'ofo: 9[deg]22[min]30[sec] S,
                                        171[deg]16[min]30[sec] W
NIUE                                   Territorial sea and within 3
                                        nautical miles of Beveridge
                                        Reef, Antiope Reef and Haran
                                        Reef as depicted by appropriate
                                        symbols on NZ 225F (chart
                                        showing the territorial sea and
                                        exclusive economic zone of Niue
                                        pursuant to the Niue Territorial
                                        Sea and Exclusive Economic Zone
                                        Act of 1978).
PALAU                                  Within 12 nautical miles of all
                                        island baselines in the Palau
                                        Islands; and the area:
                                       commencing at the north-
                                        easternmost intersection of the
                                        outer limit of the 12 nautical
                                        mile territorial sea of Palau by
                                        the arc of a circle having a
                                        radius of 50 nautical miles and
                                        its center at Latitude
                                        07[deg]16[min]34[sec] North,
                                        longitude 134[deg]28[min]25[sec]
                                        East, being at about the center
                                        of the reef entrance to Malakal
                                        Pass; running thence generally
                                        south-easterly, southerly, south-
                                        westerly, westerly, north-
                                        westerly, northerly and north-
                                        easterly along that arc to its
                                        intersection by the outer limit
                                        of the 12 nautical mile
                                        territorial sea; and thence
                                        generally northerly, north-
                                        easterly, easterly, south-
                                        easterly and southerly along
                                        that outer limit to the point of
                                        commencement.
                                       Where for the purpose of these
                                        specifications it is necessary
                                        to determine the position on the
                                        surface of the Earth of a point,
                                        line or area, it shall be
                                        determined by reference to the
                                        World Geodetic System 1984; that
                                        is to say, by reference to a
                                        spheroid having its center at
                                        the center of the Earth and a
                                        major (equatorial) radius of
                                        6,378,137 meters and a
                                        flattening of 1/298.2572.
PAPUA NEW GUINEA                       All territorial seas,
                                        archipelagic and internal
                                        waters.
SOLOMON ISLANDS                        All internal waters, territorial
                                        seas and archipelagic waters;
                                        and such additional waters
                                        around the main group
                                        archipelago, as defined under
                                        the Delimitation of Marine
                                        Waters Act 1978, not exceeding
                                        sixty nautical miles.
TONGA                                  All waters with depths of not
                                        more than 1,000 meters, within
                                        the area bounded by the
                                        fifteenth and twenty third and
                                        one half degrees of south
                                        latitudes and the one hundred
                                        and seventy third and the one
                                        hundred and seventy seventh
                                        degrees of west longitudes; also
                                        within a radius of twelve
                                        nautical miles from the islands
                                        of Teleki Tonga and Teleki
                                        Tokelau.

[[Page 6151]]

 
TUVALU                                 Territorial sea and waters within
                                        two nautical miles of all named
                                        banks, that is Macaw, Kosciusko,
                                        Rose, Bayonnaise and Hera, in
                                        Tuvalu exclusive economic zone,
                                        as depicted on the chart
                                        entitled ``Tuvalu Fishery
                                        Limits'' prepared by the United
                                        Kingdom Hydrographic Department,
                                        Taunton, January 11, 1981.
VANUATU                                Archipelagic waters and the
                                        territorial sea, and internal
                                        waters.
SAMOA                                  Territorial sea; reefs, banks and
                                        sea-mounts and within 2 nautical
                                        miles of any anchored fish
                                        aggregating device within the
                                        Samoa exclusive economic zone
                                        for which notification of its
                                        location shall be given by
                                        geographical coordinates.
------------------------------------------------------------------------

* * * * *
    FFA Vessel Register means the registry of fishing vessels 
maintained by the FFA, comprising those vessels which are in good 
standing and licensed to fish in the waters of FFA member countries, 
including those vessels licensed under Sec.  300.32.
* * * * *
    Pacific Islands Forum Fisheries Agency or FFA means the 
organization established by the 1979 South Pacific Forum Fisheries 
Agency Convention.
    Regional Administrator means the Regional Administrator, Pacific 
Islands Region, NMFS, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 
96814, or a designee.
* * * * *
    Treaty Area means all waters north of 60[deg] S. lat. and east of 
90[deg] E. long., subject to the fisheries jurisdiction of Pacific 
Island Parties, and all other waters within rhumb lines connecting the 
following points, except for waters subject to the jurisdiction in 
accordance with international law of a State which is not a party to 
the Treaty:

------------------------------------------------------------------------
       Point                Latitude                  Longitude
------------------------------------------------------------------------
A                     2[deg]35'39'' S       141[deg]00'00'' E
B                     1[deg]01'35'' N       140[deg]48'35'' E
C                     1[deg]01'35'' N       129[deg]30'00'' E
D                    10[deg]00'00'' N       129[deg]30'00'' E
E                    14[deg]00'00'' N       140[deg]00'00'' E
F                    14[deg]00'00'' N       142[deg]00'00'' E
G                    12[deg]30'00'' N       142[deg]00'00'' E
H                    12[deg]30'00'' N       158[deg]00'00'' E
I                    15[deg]00'00'' N       158[deg]00'00'' E
J                    15[deg]00'00'' N       165[deg]00'00'' E
K                    18[deg]00'00'' N       165[deg]00'00'' E
L                    18[deg]00'00'' N       174[deg]00'00'' E
M                    12[deg]00'00'' N       174[deg]00'00'' E
N                    12[deg]00'00'' N       176[deg]00'00'' E
O                    5[deg]00'00'' N        176[deg]00'00'' E
P                    1[deg]00'00'' N        180[deg]00'00''
Q                     1[deg]00'00'' N       164[deg]00'00'' W
R                    8[deg]00'00'' N        164[deg]00'00'' W
S                     8[deg]00'00'' N       158[deg]00'00'' W
T                    0[deg]00'00''          150[deg]00'00'' W
U                    6[deg]00'00'' S        150[deg]00'00'' W
V                    6[deg]00'00'' S        146[deg]00'00'' W
W                    12[deg]00'00'' S       146[deg]00'00'' W
X                    26[deg]00'00'' S       157[deg]00'00'' W
Y                    26[deg]00'00''S        174[deg]00'00'' W
Z                    40[deg]00'00''S        174[deg]00'00'' W
AA                   40[deg]00'00'' S       171[deg]00'00'' W
AB                   46[deg]00'00'' S       171[deg]00'00'' W
AC                   55[deg]00'00'' S       180[deg]00'00''
AD                   59[deg]00'00'' S       160[deg]00'00'' E
AE                   59[deg]00'00'' S       152[deg]00'00'' E and north
                                             along the 152 degrees of
                                             East longitude until
                                             intersecting the Australian
                                             200-nautical-mile limit.
------------------------------------------------------------------------

    UTC means Universal Coordinated Time.
    Vessel Monitoring System Unit or VMS unit means Administrator-
approved VMS unit hardware and software installed on a vessel and 
required under Sec.  300.45 as a component of the regional VMS 
administered by the FFA to transmit information between the vessel and 
the Administrator and/or other reporting points designated by NMFS.

0
5. In Sec.  300.32, paragraph (d) is revised to read as follows:


Sec.  300.32  Vessel licenses.

* * * * *
    (d) The number of available licenses is 45, five of which shall 
only be available to fishing vessels of the United States engaged in 
joint venture arrangements, specifically: Vessels engaged in fishing 
activity designed to promote maximization of the benefits generated for 
the Pacific Island Parties from the operations of fishing vessels 
licensed pursuant to the Treaty, as determined by the Administrator. 
Such activity can include the use of canning, transshipment, vessel 
slipping and repair facilities located in the Pacific Island Parties; 
the purchase of equipment and supplies, including fuel supplies, from 
suppliers located in the Pacific Island Parties; and the employment of 
nationals of the Pacific Island Parties on board such vessels.
* * * * *

0
6. Section 300.34 is revised to read as follows:


Sec.  300.34  Reporting requirements.

    (a) Holders of licenses issued under Sec.  300.32 shall comply with 
the reporting requirements of this section with respect to the licensed 
vessels.
    (b) Any information required to be recorded, or to be notified, 
communicated or reported pursuant to a requirement of these 
regulations, the Act, or the Treaty shall be true, complete and 
correct. Any change in circumstances that has the effect of rendering 
any of the information provided false, incomplete or misleading shall 
be communicated immediately to the Regional Administrator.
    (c) The operator of any vessel licensed under Sec.  300.32 must 
prepare and submit accurate, complete, and timely notifications, 
requests, and reports with respect to the licensed vessel, as described 
in paragraphs (c)(1) through (10) of this section.
    (1) Catch report forms. A record of catch, effort and other 
information must be maintained on board the vessel, on catch report 
forms (also known as ``Regional Purse Seine Logsheets'', or RPLs) 
provided by the Regional Administrator. At the end of each day that the 
vessel is in the Licensing Area, all information specified on the form 
must, for that day, be recorded on the form. The completed catch report 
form must be mailed by registered airmail to the Administrator within 
14 days of the vessel's next entry into port for the purpose of 
unloading its fish catch. A copy of the completed catch report form 
must also be submitted to, and received by, the Regional Administrator 
within 2 days of the vessel reaching port.
    (2) Unloading and transshipment logsheet forms. At the completion 
of any unloading or transshipment of fish from the vessel, all the 
information specified on unloading and transshipment logsheet forms 
provided by the Regional Administrator must, for that unloading or 
transshipment, be recorded on such forms. A separate form must be 
completed for each fish processing destination to which the unloaded or 
transshipped fish are bound. The completed unloading and transshipment 
logsheet form or forms must be mailed by registered airmail to the 
Administrator within 14 days of the completion of the unloading or 
transshipment. The submitted form must be accompanied by a report or 
reports of the size breakdown of the

[[Page 6152]]

catch as determined by the receiver or receivers of the fish, and such 
report must be signed by the receiver or receivers. A copy of the 
completed unloading and transshipment logsheet, including a copy of the 
accompanying report or reports of the size breakdown of the catch as 
determined by the receiver or receivers of the fish, must also be 
submitted to, and received by, the Regional Administrator within 2 days 
of the completion of the unloading or transshipment.
    (3) Port departure reports. Before the vessel's departure from port 
for the purpose of beginning a fishing trip in the Licensing Area, a 
report must be submitted to the Administrator by telex, transmission 
via VMS unit, facsimile, or e-mail that includes the following 
information: Report type (``LBEG''); Regional Register number; trip 
begin date; date and time (in UTC) of report; IRCS; port name; weight 
of catch on board (in metric tons) for each of skipjack tuna, yellowfin 
tuna, and all other species combined; intended action; and estimated 
date of departure. This information must be reported in the format 
provided by the Regional Administrator.
    (4) Entry into port for unloading reports. At least 24 hours before 
the vessel's entry into port for the purpose of unloading fish from any 
trip involving fishing within the Licensing Area, a report must be 
submitted to the Administrator by telex, transmission via VMS unit, 
facsimile, or e-mail that includes the following information: Report 
type (``LFIN''); FFA Regional Register number; trip begin date; date 
and time (in UTC) of report; IRCS; port name; weight of catch on board 
(in metric tons) for each of skipjack tuna, yellowfin tuna, and all 
other species combined; intended action; and estimated date and time 
(in UTC) of entry into port. This information must be reported in the 
format provided by the Regional Administrator.
    (5) Intent to transship notification and request. At least 48 hours 
before transshipping any or all of the fish on board the vessel, a 
notification must be submitted to the Administrator and a request must 
be submitted to the Pacific Island Party in whose jurisdiction the 
transshipment is requested to occur. The notification to the 
Administrator and the request to the Pacific Island Party may be 
identical. The notification and request must include the following 
information: Name of vessel; IRCS; vessel position (latitude and 
longitude to nearest minute of arc); weight of catch on board the 
vessel (in metric tons) for each of skipjack tuna, yellowfin tuna, and 
all other species combined; and the date, time (in UTC), and location 
where such transshipment is requested to occur. The notification to the 
Administrator must be reported in the format provided by the Regional 
Administrator and submitted by telex, transmission by VMS unit, 
facsimile, or e-mail. The request to the Pacific Island Party must be 
reported in the format provided by the Regional Administrator and sent 
via the means and to the address provided by the Regional 
Administrator.
    (6) Zone entry and exit reports. Each time the vessel enters or 
exits the waters under the jurisdiction of a Pacific Island Party, a 
report must be submitted to that Pacific Island Party that includes the 
following information: Report type (``ZENT'' for entry or ``ZEXT'' for 
exit); FFA Regional Register number; trip begin date; date and time (in 
UTC) of the entry or exit; IRCS; vessel position (latitude and 
longitude to nearest minute of arc); weight of catch on board (in 
metric tons) for each of skipjack tuna, yellowfin tuna, and all other 
species combined; and intended action. This information must be 
reported in the format provided by the Regional Administrator and sent 
via the means and to the address provided by the Regional 
Administrator.
    (7) Weekly reports. Each Wednesday while the vessel is within the 
waters under the jurisdiction of a Pacific Island Party, a report must 
be submitted to that Pacific Island Party that includes the following 
information: Report type (``WEEK''); FFA Regional Register number; trip 
begin date; date and time (in UTC) of report; IRCS; vessel position 
(latitude and longitude to nearest minute of arc); weight of catch on 
board (in metric tons) for each of skipjack tuna, yellowfin tuna, and 
all other species combined; intended action; and whether or not there 
is a vessel observer on board (``Y'' or ``N''). This information must 
be reported in the format provided by the Regional Administrator and 
sent via the means and to the address provided by the Regional 
Administrator.
    (8) Port entry reports. At least 24 hours before the vessel's entry 
into port of any Pacific Island Party, a report must be submitted to 
that Pacific Island Party that includes the following information: 
Report type (``PENT''); FFA Regional Register number; trip begin date; 
date and time (in UTC) of report; IRCS; vessel position (latitude and 
longitude to nearest minute of arc); weight of catch on board (in 
metric tons) for each of skipjack tuna, yellowfin tuna, and all other 
species combined; estimated time (in UTC) of entry into port; port 
name; and intended action. This information must be reported in the 
format provided by the Regional Administrator and sent via the means 
and to the address provided by the Regional Administrator.
    (9) Transshipment reports. Upon completion of transshipment of any 
or all of the fish on board the vessel, a report must be submitted to 
the Administrator and to the Pacific Island Party in whose jurisdiction 
the transshipment occurred. The report must include the following 
information: Report type (``TRANS''); FFA Regional Register number; 
trip begin date; date and time (in UTC) of the transshipment; IRCS; 
vessel position at time of transshipment (latitude and longitude to 
nearest minute of arc); amount of fish transshipped (in metric tons) 
for each of skipjack tuna, yellowfin tuna, and all other species 
combined; name of vessel to which the fish were transshipped; and the 
destination of the transshipped fish. The report to the Administrator 
must be reported in the format provided by the Regional Administrator 
and submitted by telex, transmission by VMS unit, facsimile, or e-mail. 
The report to the Pacific Island Party must be reported in the format 
provided by the Regional Administrator and sent via the means and to 
the address provided by the Regional Administrator.
    (10) Other reports and notifications to Pacific Island Parties. 
Reports and notifications must be submitted to the relevant Pacific 
Island Parties in each of the circumstances and in the manner described 
in the subparagraphs of this paragraph. Unless otherwise indicated in 
this paragraph, the reports must be prepared in the format provided by 
the Regional Administrator and sent via the means and to the address 
provided by the Regional Administrator.
    (i) Australia.
    (A) Each day while the vessel is within the Australian Fishing 
Zone, a report must be submitted that includes the following 
information: Vessel position (latitude and longitude to nearest minute 
of arc); and the amount of catch made during the previous day, by 
species.
    (B) At least 24 hours before entering the Australian Fishing Zone, 
a notification must be submitted that indicates an intent to enter the 
Australian Fishing Zone.
    (ii) Fiji.
    (A) Each day while the vessel is in Fiji fisheries waters, a report 
must be submitted that includes the following information: vessel name; 
IRCS; country of registration of the vessel; and vessel position at the 
time of the report (latitude and longitude to nearest minute of arc).
    (B) Each week while the vessel is in Fiji fisheries waters, a 
report must be

[[Page 6153]]

submitted that includes the amount of the catch made during the 
preceding week, by species.
    (iii) Kiribati.
    (A) At least 24 hours before entering a Closed Area under the 
jurisdiction of Kiribati, a notification must be submitted that 
includes the following information: vessel name; IRCS; vessel position 
at the time of the report (latitude and longitude to nearest minute of 
arc); the reason for entering the Closed Area; and the estimated time 
(in UTC) of entry into the Closed Area (latitude and longitude to 
nearest minute of arc).
    (B) Immediately upon entry into or exit from a Closed Area under 
the jurisdiction of Kiribati, a report must be submitted that includes 
the following information: report type (``CAENT'' for entry or 
``CAEXT'' for exit); the number of the vessel's license issued under 
Sec.  300.32; IRCS; date and time (in UTC) of the report; vessel 
position (latitude and longitude to nearest minute of arc); amount of 
the catch on board the vessel, by species; and status of the boom 
(``up'' or ``down''), net (``deployed'' or ``stowed''), and skiff 
(``deployed'' or ``stowed'').
    (C) At least 24 hours prior to fueling the vessel from a tanker in 
the area of jurisdiction of Kiribati, a report must be submitted that 
includes the following information: report type (``SBUNK''); the number 
of the vessel's license issued under Sec.  300.32; IRCS; trip start 
date; name of port from which trip started; amount of the catch on 
board the vessel, by species; estimated time of bunkering; estimated 
position of bunkering (latitude and longitude to nearest minute of 
arc); and name of tanker.
    (D) After fueling the vessel from a tanker in the area of 
jurisdiction of Kiribati, but no later than 12 noon local time on the 
following day, a report must be submitted that includes the following 
information: report type (``FBUNK''); the number of the vessel's 
license issued under Sec.  300.32; IRCS; start time of bunkering; end 
time of bunkering; amount of fuel received, in kiloliters; and name of 
tanker.
    (iv) New Zealand.
    (A) At least 24 hours before entering the exclusive economic zone 
of New Zealand, a notification must be submitted that includes the 
following information: name of vessel; IRCS; position of point of entry 
into the exclusive economic zone of New Zealand (latitude and longitude 
to nearest minute of arc); amount of catch on board the vessel, by 
species; and condition of the catch on board the vessel (``fresh'' or 
``frozen'').
    (B) For each day that the vessel is in the exclusive economic zone 
of New Zealand, a notification must be submitted no later than noon of 
the following day of the vessel's position (latitude and longitude to 
nearest minute of arc) at noon.
    (C) For each week or portion thereof that the vessel is in the 
exclusive economic zone of New Zealand, a report that covers the period 
from 12:01 a.m. on Monday to 12 midnight on the following Sunday must 
be submitted and received by noon of the following Wednesday (local 
time). The report must include the amount of the catch taken in the 
exclusive economic zone of New Zealand during the reporting period.
    (D) At least 10 days prior to an intended transshipment in an area 
under the jurisdiction of New Zealand, a notification must be submitted 
that includes the intended port, date, and time of transshipment.
    (E) At least 24 hours prior to exiting the exclusive economic zone 
of New Zealand, a notification must be submitted that includes the 
following information: position of the intended point of exit (latitude 
and longitude to nearest minute of arc); the amount of catch on board 
the vessel, by species; and condition of the catch on board the vessel 
(``fresh'' or ``frozen'').
    (v) Solomon Islands.
    (A) At least 24 hours prior to entry into Solomon Islands Fisheries 
Limits, a report must be submitted that includes the following 
information: expected vessel position (latitude and longitude to 
nearest minute of arc) and expected date and time of entry.
    (B) For each week or portion thereof that the vessel is in the 
exclusive economic zone of Solomon Islands, a report that covers the 
period from 12:01 a.m. on Monday to 12 midnight on the following Sunday 
must be submitted and received by noon of the following Tuesday (local 
time). The report must include the amount of the catch taken and the 
number of fishing days spent in the exclusive economic zone of Solomon 
Islands during the reporting period.
    (vi) Tonga.
    (A) Each day while the vessel is in the exclusive economic zone of 
Tonga, a report must be submitted that includes the vessel's position 
(latitude and longitude to nearest minute of arc).
    (B) [Reserved]
    (vii) Tuvalu.
    (A) At least 24 hours prior to entering Tuvalu fishery limits, a 
report must be submitted that includes the following information: 
vessel name; IRCS; country of registration of the vessel; the number of 
the vessel's license issued under Sec.  300.32; intended vessel 
position (latitude and longitude to nearest minute of arc) at entry; 
and amount of catch on board the vessel, by species.
    (B) Every seventh day that the vessel is in Tuvalu fishery limits, 
a report must be submitted that includes vessel position (latitude and 
longitude to nearest minute of arc) and the total amount of catch on 
board the vessel.
    (C) Immediately upon exit from Tuvalu fishery limits, a 
notification must be submitted that includes vessel position (latitude 
and longitude to nearest minute of arc) and the total amount of catch 
on board the vessel.

0
7. In Sec.  300.38, paragraph (a)(4) is removed, paragraphs (a)(5) 
through (a)(11) are redesignated as paragraphs (a)(4) through (a)(10), 
redesignated paragraph (a)(10) is revised, and paragraphs (a)(11) 
through (a)(15) are added to read as follows:


Sec.  300.38  Prohibitions.

    (a) * * *
    (10) To transship fish on board a vessel that fished in the 
Licensing Area, except in accordance with the requirements of Sec.  
300.46.
    (11) To fail to have installed, allow to be programmed, carry, or 
have operational a VMS unit while in the Treaty Area as specified in 
Sec.  300.45(a).
    (12) To fail to activate a VMS unit, to interrupt, interfere with, 
or impede the operation of a VMS unit, to tamper with, alter, damage, 
or disable a VMS unit, or to move or remove a VMS unit without prior 
notification as specified in Sec.  300.45(e).
    (13) In the event of a VMS unit failure or breakdown or 
interruption of automatic position reporting in the Treaty Area, to 
fail to submit manual position reports as specified in Sec.  300.45(f).
    (14) In the event of a VMS unit failure or breakdown or 
interruption of automatic position reporting in the Treaty Area and if 
directed by the Administrator or an authorized officer, to fail to stow 
fishing gear or take the vessel to a designated port as specified in 
Sec.  300.45(f).
    (15) To fail to repair or replace a VMS unit as specified in Sec.  
300.45(h).
* * * * *

0
8. In Sec.  300.39, paragraph (a) is revised to read as follows:


Sec.  300.39  Exceptions.

    (a) The prohibitions of Sec.  300.38 and the licensing requirements 
of Sec.  300.32 do not apply to fishing for albacore tuna by vessels 
using the trolling method or to fishing by vessels using the longline

[[Page 6154]]

method in the high seas areas of the Treaty Area.
* * * * *

0
9. In Sec.  300.42, paragraphs (a)(1)(i) and (b) are revised to read as 
follows:


Sec.  300.42  Findings leading to removal from fishing area.

    (a) * * *
    (1) * * *
    (i) While fishing in the Licensing Area did not have a license 
issued under Sec.  300.32 to fish in the Licensing Area, and that under 
the terms of the Treaty the fishing is not authorized to be conducted 
in the Licensing Area without such a license.
* * * * *
    (b) Upon being advised by the Secretary of State that proper 
notification to Parties has been made by a Pacific Island Party that 
such Pacific Island Party is investigating an alleged infringement of 
the Treaty by a vessel in waters under the jurisdiction of that Pacific 
Island Party, the Secretary shall order the vessel to leave those 
waters until the Secretary of State notifies the Secretary that the 
order is no longer necessary.
* * * * *

0
10. A new Sec.  300.45 is added to read as follows:


Sec.  300.45  Vessel Monitoring System.

    (a) Applicability. Holders of vessel licenses issued under Sec.  
300.32 are required, in order to have the licensed vessel in the Treaty 
Area, to:
    (1) Have installed a VMS unit on board the licensed vessel;
    (2) Allow the Administrator, its agent, or a person authorized by 
the Administrator to program the VMS unit to transmit position and 
related information to the Administrator;
    (3) If directed by the Regional Administrator, allow NMFS, its 
agent, or a person authorized by NMFS to program the VMS unit to 
transmit position and related information to NMFS; and
    (4) Carry and have operational the VMS unit at all times while in 
the Treaty Area, except as provided in paragraphs (f) and (g) of this 
section.
    (b) FFA Vessel Register. Purse seine vessels must be in good 
standing on the FFA Vessel Register maintained by the Administrator in 
order to be licensed under the Treaty. FFA Vessel Register application 
forms may be obtained from the Regional Administrator or the 
Administrator or from the FFA Web site: http://www.ffa.int. Purse seine 
vessel owners or operators must submit completed FFA Vessel Register 
applications to the Regional Administrator for transmittal to the 
Administrator and pay fees for registration of their vessel(s) on the 
FFA Vessel Register annually. The vessel owner or operator may submit a 
completed FFA Vessel Register application form at any time, but the 
application must be received by the Regional Administrator at least 
seven days before the first day of the next licensing period to avoid 
the potential lapse of the registration and license between licensing 
periods.
    (c) VMS unit installation. A VMS unit required under this section 
must be installed by a person authorized by the Administrator. A list 
of Administrator-authorized VMS unit installers may be obtained from 
the Regional Administrator or the Administrator.
    (d) Hardware and software specifications. The VMS unit installed 
and carried on board a vessel to comply with the requirements of this 
section must consist of hardware and software that is approved by the 
Administrator and able to perform all functions required by the 
Administrator. A current list of approved hardware and software may be 
obtained from the Administrator.
    (e) Service activation. Other than when in port or in a shipyard 
and having given proper notification to the Administrator as specified 
in paragraph (g) of this section, the owner or operator of a vessel 
licensed under Sec.  300.32 must, when the vessel is in the Treaty 
Area:
    (1) Activate the VMS unit on board the licensed vessel to transmit 
automatic position reports;
    (2) Ensure that no person interrupts, interferes with, or impedes 
the operation of the VMS unit or tampers with, alters, damages, or 
disables the VMS unit, or attempts any of the same; and
    (3) Ensure that no person moves or removes the VMS unit from the 
installed position without first notifying the Administrator by 
telephone, facsimile, or e-mail of such movement or removal.
    (f) Interruption of VMS unit signal. When a vessel owner or 
operator is notified by the Administrator or an authorized officer that 
automatic position reports are not being received, or the vessel owner 
or operator is otherwise alerted or aware that transmission of 
automatic position reports has been interrupted, the vessel owner and 
operator must comply with the following:
    (1) The vessel owner or operator must submit manual position 
reports that include vessel name, call sign, current position (latitude 
and longitude to the nearest minute), date, and time to the 
Administrator by telephone, facsimile, or e-mail at intervals of no 
greater than eight hours or a shorter interval if and as specified by 
the Administrator or an authorized officer. The reports must continue 
to be submitted until the Administrator has confirmed to the vessel 
owner or operator that the VMS unit is properly transmitting position 
reports. If the manual position reports cannot be made, the vessel 
operator or owner must notify the Administrator of such as soon as 
possible, by any means possible.
    (2) If directed by the Administrator or an authorized officer, the 
vessel operator must immediately stow the fishing gear in the manner 
described in Sec.  300.36, take the vessel directly to a port 
designated by the Administrator or authorized officer, and notify the 
Administrator by telephone, facsimile, or e-mail as soon as possible 
that the vessel is being taken to port with fishing gear stowed.
    (g) Shutdown of VMS unit while in port or in shipyard. When a 
vessel is in port and not moving, the VMS unit may be shut down, 
provided that the Administrator has been notified by telephone, 
facsimile, or e-mail that the vessel is in port and of the intended 
shutdown, and only as long as manual position reports as described in 
paragraph (f)(1) of this section are submitted to the Administrator at 
intervals of no greater than 24 hours or a shorter interval if and as 
specified by the Administrator or an authorized officer. If the VMS 
unit is shut down while the vessel is in port, the vessel owner or 
operator must notify the Administrator by telephone, facsimile, or e-
mail as soon as possible after the vessel's departure from port. When 
the vessel is in a shipyard, the VMS unit may be shut down and the 
submission of manual position reports is not required, provided that 
the Administrator has been notified by telephone, facsimile, or e-mail 
that the vessel is in the shipyard and of the intended VMS unit 
shutdown. If the VMS unit is shut down while the vessel is in a 
shipyard, the vessel owner or operator must notify the Administrator by 
telephone, facsimile, or e-mail as soon as possible after the vessel's 
departure from the shipyard.
    (h) VMS unit repair and replacement. After a fishing trip during 
which interruption of automatic position reports has occurred, the 
vessel's owner or operator must have the VMS unit repaired or replaced 
prior to the vessel's next trip. If the VMS unit is replaced, the new 
VMS unit must be installed by an Administrator-authorized VMS unit

[[Page 6155]]

installer, as specified in paragraph (c) of this section. In making 
such repairs or replacements, conformity with the current requirements 
must be met before the vessel may lawfully operate under the Treaty.
    (i) Access to data. As a condition to obtaining a license, holders 
of vessel licenses issued under Sec.  300.32 must allow the Regional 
Administrator, an authorized officer, the Administrator or an 
authorized party officer or designees access to the vessel's position 
data obtained from the VMS unit at the time of, or after, its 
transmission to the vendor or receiver.

0
11. A new Sec.  300.46 is added to read as follows:


Sec.  300.46  Transshipping requirements.

    (a) Applicability. This section applies to vessels licensed under 
Sec.  300.32.
    (b) Transshipping may only be done at the time and place authorized 
for transshipment by the Pacific Island Parties, following the 
notification and request requirements of Sec.  300.34(c)(5).
    (c) The operator and each member of the crew of a vessel from which 
any fish taken in the Licensing Area is transshipped must:
    (1) Allow and assist any person identified as an officer of the 
Pacific Island Party to:
    (i) Have full access to the vessel and any place where such fish is 
being transshipped and the use of facilities and equipment that the 
officer may determine is necessary to carry out his or her duties;
    (ii) Have full access to the bridge, fish on board and areas which 
may be used to hold, process, weigh and store fish;
    (iii) Remove samples;
    (iv) Have full access to the vessel's records, including its log 
and documentation, for the purpose of inspection and copying; and
    (v) Gather any other information required to fully monitor the 
activity without interfering unduly with the lawful operation of the 
vessel; and
    (2) Not assault, obstruct, resist, delay, refuse boarding to, 
intimidate, or interfere with any person identified as an officer of 
the Pacific Island Party in the performance of his or her duties.
    (d) Transshipping at sea may only be done:
    (1) In a designated area in accordance with such terms and 
conditions as may be agreed between the operator of the vessel and the 
Pacific Island Party in whose jurisdiction the transshipment is to take 
place;
    (2) In accordance with the requirements of Sec.  300.34; and
    (3) If the catch is transshipped to a carrier vessel duly 
authorized in accordance with national laws.

[FR Doc. 07-593 Filed 2-8-07; 8:45 am]
BILLING CODE 3510-22-P


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