54078 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Proposed Rules 

Number, 1660–0006. The expiration 

date for 1660–0006 is August 31, 2012. 

D. Executive Order 13132, Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

‘‘Federalism’’ (64 FR 43255, Aug. 10, 

1999), if it has a substantial direct effect 

on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. FEMA has 

analyzed this proposed rule under 

Executive Order and determined that it 

does not have implications for 

federalism. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995, Public Law 104–4, 109 Stat. 48 

(Mar. 22, 1995) (2 U.S.C. 1501 et seq.), 

requires Federal agencies to assess the 

effects of their discretionary regulatory 

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 or more 

in any one year. As this proposed rule 

will not have a substantive effect on the 

public, this rule is not an unfunded 

Federal mandate. 

F. Executive Order 12630, Taking of 

Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ (53 FR 8859, 

Mar. 18, 1988). 

G. Executive Order 12898, 

Environmental Justice 

Under Executive Order 12898, as 

amended ‘‘Federal Actions To Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, Feb. 16, 

1994), FEMA incorporates 

environmental justice into its policies 

and programs. Executive Order 12898 

requires each Federal agency to conduct 

its programs, policies, and activities that 

substantially affect human health or the 

environment, in a manner that ensures 

that those programs, policies, and 

activities do not have the effect of 

excluding persons from participation in, 

denying persons the benefit of, or 

subjecting persons to discrimination 

because of their race, color, or national 

origin or income level. 

No action that FEMA can anticipate 

under this proposed rule will have a 

disproportionately high and adverse 

human health or environmental effect 

on any segment of the population. 

Accordingly, the requirements of 

Executive Order 12898 do not apply to 

this proposed rule. 

H. Executive Order 12988, Civil Justice 

Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, ‘‘Civil Justice 

Reform’’ (61 FR 4729, Feb. 7, 1996), to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, ‘‘Consultation and 

Coordination With Indian Tribal 

Governments’’ (65 FR 67249, Nov. 9, 

2000), because it does not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

J. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This proposed rule will not create 

environmental health risks or safety 

risks for children under Executive Order 

13045, Protection of Children From 

Environmental Health Risks and Safety 

Risks (62 FR 19885, Apr. 23, 1997). 

K. National Environmental Policy Act 

Rulemaking is a major Federal action 

subject to the National Environmental 

Policy Act of 1969, Public Law 91–190, 

83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 

4321 et seq.), as amended. The List of 

exclusion categories at 44 CFR 

10.8(d)(2)(ii) excludes the preparation, 

revision, and adoption of regulations 

from the preparation of an 

environmental assessment or 

environmental impact statement, where 

the rule relates to actions that qualify for 

categorical exclusions. Technical 

corrections to a rulemaking are 

categorically excluded under 44 CFR 

10.8(d)(2)(i) and no extraordinary 

circumstances exist requiring the need 

to develop an environmental assessment 

or environmental impact statement. 

Thus, the preparation, revision, and 

adoption of regulations related to this 

action is categorically excluded. 

List of Subjects in 44 CFR Part 61 

Flood insurance, Reporting and 

recordkeeping requirements. 

For the reasons stated in the 

preamble, FEMA proposes to amend 

44 CFR chapter I as follows: 

PART 61—INSURANCE COVERAGE 

AND RATES 

1. The authority citation for part 61 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 43 FR 

41943, 3 CFR, 1978 Comp., p. 329; E.O. 

12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 

1979 Comp., p. 376. 

Appendix A(2) to Part 61—[AMENDED] 

2. Amend Appendix A(2) to part 61, 

by removing ‘‘Items’’ and adding 

‘‘Coverage for items’’ in its place in 

paragraph III.B.4. 

Dated: August 27, 2010. 

W. Craig Fugate, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2010–22045 Filed 9–2–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 100311144–0159–01] 

RIN 0648–AY75 

International Fisheries; Pacific Tuna 

Fisheries; Vessel Capacity Limit in the 

Purse Seine Fishery in the Eastern 

Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS is proposing 

regulations under the Tuna Conventions 

Act of 1950 (Act), as amended, to 

increase the vessel capacity limit for the 

U.S. purse seine fishery operating in the 

eastern Pacific Ocean (EPO) and make 

U.S. regulations more consistent with 

the Inter-American Tropical Tuna 

Commission (IATTC) Resolution on the 

Capacity of the Tuna Fleet Operating in 

the Eastern Pacific Ocean. These 

revisions would ensure that the United 

States is satisfying its obligations under 

the Tuna Conventions Act while 

dismantling regulatory constraints 

preventing economic development of 

the U.S. industry. 

DATES: Comments must be submitted in 

writing by October 4, 2010. A public 

hearing will be held at 9 a.m. to 12 p.m. 

PDT, September 9, 2010, Long Beach, 

CA. 


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ADDRESSES: You may submit comments, 

identified by 0648–AY75, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov 

• Fax: 562–980–4047, Attn: Heidi 

Hermsmeyer 

• Mail: Rod McInnis, Regional 

Administrator, NMFS Southwest 

Regional Office (SWR), 501 W. Ocean 

Blvd., Suite 4200, Long Beach, CA 

90802. Include the identifier ‘‘0648– 

AY75’’ in the comments. 

• Public hearing: The public is 

welcome to attend a public hearing and 

offer comments on this rule on 

September 9, 2010, from 9 a.m. to 12 

p.m. at 501 W. Ocean Boulevard, Suite 

4200, Long Beach, CA 90802. The 

public may also participate in the public 

hearing via conference line: 800–621– 

8495; participant passcode: 26548. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to NMFS SWR 

and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. Copies of the 

Environmental Assessment prepared 

under the authority of the National 

Environmental Policy Act and the IRFA 

are available at http:// 

swr.nmfs.noaa.gov/ or may be obtained 

from Rod McInnis, Regional 

Administrator, NMFS SWR. 

FOR FURTHER INFORMATION CONTACT: 

Heidi Hermsmeyer, NMFS SWR, 562– 

980–4036. 

SUPPLEMENTARY INFORMATION: 

Background on the 1949 Convention for 

the Establishment of an IATTC 

(Convention) 

The Convention entered into force in 

May 1949. The full text of the 

Convention is available at: http:// 

www.iattc.org/PDFFiles/ 

IATTClconventionl1949.pdf. The 

Convention Area includes the waters 

bounded by the coast of the Americas, 

the 40 N. and 40 S. parallels, and the 

150 W. meridian. The Convention 

focuses on the conservation and 

management of highly migratory species 

(HMS) and the management of fisheries 

for HMS, and has provisions related to 

non-target, associated, and dependent 

species in such fisheries. In 2003, the 

IATTC adopted a resolution that 

approved the Antigua Convention, a 

major revision of the original 

convention, establishing the IATTC. 

This new text brings the convention 

current with respect to internationally 

accepted laws on the conservation and 

management of oceanic resources, 

including a mandate to take a more 

ecosystem-based approach to 

management. The Antigua Convention 

will enter into force on August 27, 2010, 

and may be found at: http:// 

www.iattc.org/PDFFiles2/ 

AntigualConventionlJunl2003.pdf. 

The IATTC, established under the 

Convention, is comprised of the 

Members, including High Contracting 

Parties to the Convention and fishing 

entities that have agreed to be bound by 

the regime established by the 

Convention. Other entities that 

participate in the IATTC include 

Cooperating Non-Parties, Cooperating 

Fishing Entities, and Regional Economic 

Integration Organizations. Cooperating 

Fishing Entities participate with the 

authorization of the High Contracting 

Parties with responsibility for the 

conduct of their foreign affairs. 

Cooperating Non-Parties are identified 

by the IATTC on a yearly basis. In 

accepting Cooperating Non-Party status, 

such States agree to implement the 

decisions of the IATTC in the same 

manner as Members. 

The current Members of the IATTC 

are Colombia, Costa Rica, Ecuador, El 

Salvador, France, Guatemala, Japan, 

Mexico, Nicaragua, Panama, Peru, 

Republic of Korea, Spain, United States, 

Vanuatu, and Venezuela. The current 

Cooperating Non-Parties, Cooperating 

Fishing Entities and Regional Economic 

Integration Organizations are Belize, 

Canada, China, Cook Islands, Kiribati, 

Chinese Taipei, and the European 

Union. 

International Obligations of the United 

States under the Convention 

As a Contracting Party to the 

Convention and a Member of the 

IATTC, the United States is legally 

bound to implement the decisions of the 

IATTC. The Act (16 U.S.C. 951 et seq.) 

authorizes the Secretary of Commerce, 

in consultation with the Secretary of 

State and the Secretary of the 

Department in which the United States 

Coast Guard (USCG) is operating 

(currently the Department of Homeland 

Security), to promulgate such 

regulations as may be necessary to carry 

out the obligations of the United States 

under the Convention, including the 

decisions of the IATTC. The authority to 

promulgate regulations has been 

delegated to NMFS. 

IATTC Decisions Regarding Capacity in 

the Purse Seine Fishery 

At its sixty-ninth annual meeting in 

June 2002, the IATTC adopted the 

Resolution on the Capacity of the Tuna 

Fleet Operating in the Eastern Pacific 

Ocean (Resolution C–02–03) to address 

the problem of excess capacity in the 

tuna purse-seine fleet operating in the 

EPO by limiting the capacity to a level 

which would ensure that tuna fisheries 

in the region are sustainable. The 

resolution, available with other 

decisions of the IATTC at http:// 

www.iattc.org/ 

ResolutionsActiveENG.htm, places 

certain obligations on the IATTC’s High 

Contracting Parties, Cooperating NonParties, Cooperating Fishing Entity, and 

Regional Economic Integration 

Organization (collectively, CPCs). 

Resolution C–02–03 replaced the 

previous Resolution on Fleet Capacity 

adopted at the sixty-second annual 

meeting of the IATTC in October 1998 

(Resolution C–98–11). Resolution C–02– 

03 established a total vessel capacity 

limit of 158,000 cubic meters for all 

vessels authorized by the IATTC to fish 

for tuna species in the EPO. Each CPC 

was allocated a vessel capacity limit by 

the Secretariat based on historical 

fishing levels in the EPO. The resolution 

included provisions that, among other 

things, prohibited the entry of new 

vessels to the EPO purse seine fleet, 

except to replace vessels removed from 

the Vessel Register, and prohibited the 

increase of the capacity of any existing 

purse seine vessel unless a purse seine 

vessel or vessels of equal or greater 

capacity is removed from the Vessel 

Register. 

When Resolution C–02–03 was 

adopted, the United States was 

authorized to have a total of 39,228 

cubic meters of capacity in the purse 

seine fishery, as well as a provision that 

allowed up to 32 U.S. purse seine 

vessels that regularly operate in the 

western and central Pacific Ocean 

(WCPO) to make one trip per year in the 

EPO without being included on the 

IATTC Vessel Register. However, for 

diplomatic reasons the United States 


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chose to further limit its fleet capacity 

by maintaining the U.S. fleet capacity 

limit established under paragraph 1 of 

Resolution C–98–11, which had been 

replaced by Resolution C–02–03. Thus, 

on April 12, 2005, a final rule was 

published in the Federal Register (70 

FR 19004), which, among other things, 

established a fleet capacity limit of 

8,969 mt. In August 2002, the U.S. 

Department of State notified the IATTC 

of the smaller limit that NMFS chose to 

impose on the U.S. fleet. This was a 

non-binding commitment and not 

necessarily intended to apply 

indefinitely. Since that time, a number 

of circumstances have changed. The 

diplomatic reasons for adopting the 

smaller regulatory limit, and specifically 

the conditions under which the United 

States was adopting its restrictions, are 

no longer applicable due to the manner 

in which Resolution C–02–03 has been 

implemented by the IATTC Members 

since its adoption. In addition, the 

United States has been unable to make 

meaningful use of the 32–trip provision 

because of the restriction limiting each 

eligible vessel to only a single trip in the 

EPO per year even if the total number 

of trips made by eligible vessels is less 

than 32. Some vessel owners have 

expressed interest in making multiple 

trips to the EPO since fewer than 32 

vessels have ever used this provision in 

a given year; however, this is not 

allowed. Due to removals and additions 

of vessels from the Vessel Register, 

currently the United States is authorized 

by the IATTC to have up to 31,775 cubic 

meters of carrying capacity in the purse 

seine fleet. 

Proposed Action 

The proposed rule would revise the 

vessel capacity limit for the U.S. purse 

seine fishery operating in the EPO so 

that it is consistent with the amount 

authorized by the IATTC, which 

currently is 31,775 cubic meters, or 

about 27,146 metric tons. In addition, 

the regulations pertaining to the purse 

seine fishery operating in the EPO 

would be revised so that capacity 

measurements would be in cubic meter 

measurements, rather than in metric 

tons. This would be consistent with the 

measurements used by the IATTC and a 

less subjective measurement because it 

is based on actual well volume rather 

than the estimated weight of fish that 

would fit in the well. The exemption for 

small purse seine vessels to be on the 

Vessel Register at 50 CFR 300.22 

(b)(1)(ii) would also be removed, so that 

all U.S. purse seine vessels would need 

to be listed on the Vessel Register and 

categorized as active under paragraph 

(b)(4)(i) of the same section in order to 

use purse seine gear to fish for tuna in 

the IATTC Convention Area. However, 

these vessels (class size 5 and under 

purse seine vessels that primarily fish 

for coastal pelagic species off the U.S. 

west coast) would be exempt from the 

frivolous request provisions for active 

status at 50 CFR 300.22(b)(4)(ii). The 

frivolous request provisions essentially 

penalize vessels that apply to be on the 

vessel register and do not fish for tuna 

in the EPO by putting them at the 

bottom of the hierarchy when applying 

to be on the vessel register the following 

year. These provisions are meant to 

prevent vessel owners who do not have 

any intent to fish in the Convention 

Area from applying to be on the vessel 

register and occupying assigned 

capacity. The smaller vessels would be 

exempt from these provisions because it 

would be difficult, if not impossible, for 

the vessel owners to anticipate whether 

unassociated schools of tuna would 

come within their range off the U.S. 

west coast during the summer months 

in a given year. These revisions would 

ensure that the United States is 

satisfying its obligations under the Tuna 

Conventions Act and not exceeding its 

allotted capacity in purse seine fishery, 

while dismantling regulatory constraints 

preventing capacity building by the U.S. 

industry. 

Since 1971, the number of large U.S. 

purse seine vessels fishing for tuna in 

the EPO has been reduced from over 155 

to an average of two over the past seven 

years. Most of the U.S. vessels that 

historically fished in the EPO have 

either re-flagged or are now active in the 

WCPO, where a treaty between the 

United States and certain Pacific Island 

States (i.e., the South Pacific Tuna 

Treaty) provides the fleet with access to 

fishing grounds. The number of vessels 

in the U.S. WCPO purse seine fishery 

gradually decreased from the late 1990s 

until 2006, and has fluctuated since. 

Since 2003, there has been an annual 

average of two large purse seine vessels 

and four small purse seine vessels that 

have landed tuna on the U.S. west coast. 

The small purse seine vessels primarily 

target coastal pelagic species (CPS) and 

target tunas opportunistically when they 

become available in the U.S. west coast 

Exclusive Economic Zone during the 

summer months. 

Since the end of 2008, the U.S. WCPO 

purse seine fleet has included 37 

vessels. These 37 vessels amount to 

roughly 55,000 cubic meters of carrying 

capacity. In general, WCPO tuna 

fishermen catch more and larger tuna 

per set compared to EPO tuna fishermen 

and thus make fewer and shorter trips. 

Unless there is a change in the 

economics of the fisheries, such that 

fishing in the EPO would be more 

advantageous for the U.S. fleet, it is 

unlikely that U.S. vessels will 

significantly expand their activity in the 

EPO. In addition, NMFS does not expect 

any other large vessels to be configured 

for purse seine fishing and enter into the 

fishery because of the high start-up costs 

associated with purchasing a large 

vessel and retrofitting it and purchasing 

the necessary gear to enter the fishery. 

NMFS also does not expect a 

significant influx of smaller vessels into 

the EPO tuna purse seine fishery. The 

purse seine fisheries targeting CPS are 

limited entry fisheries. Any additional 

small purse seine vessels that could 

potentially enter the EPO tuna fishery 

would either be a new purse seine 

vessel that would primarily target tuna, 

or one of the limited entry CPS vessels. 

It is unlikely that there would be a 

significant influx of new vessels in the 

fishery due to the high start-up costs 

associated with entering the fishery, and 

it is unlikely that there would be a 

significant increase in the number of 

small CPS purse seine vessels that 

opportunistically target tunas in the 

summer months as shown by recent 

fishing practices. 

As of July 2010, there were only two 

large U.S. purse seine vessels listed on 

the Vessel Register and authorized to 

fish in the IATTC Convention Area in 

the 2010 fishing year. The total U.S. 

vessel carrying capacity at this time is 

1,194 mt, which does not include small 

vessels, currently exempt from the 

requirement to be listed on the Vessel 

Register under domestic regulations. In 

2009, there were eight small purse seine 

vessels that were exempt from being 

listed on the IATTC Vessel Register and 

made landings of tuna in the EPO; these 

vessels amount to an estimated 1,000 mt 

of capacity. Thus, it is estimated that the 

current U.S. vessel capacity, including 

small vessels, is about 2,200 mt. If the 

proposed rule were adopted, it is 

possible, although highly unlikely, that 

the effort in the purse seine fishery 

operating in the EPO could increase 

threefold as the carrying capacity limit 

being proposed is about three times 

larger than the one currently in place. 

This would allow for about half of the 

large purse seine vessels that are 

currently registered to fish in the WCPO 

to be on the IATTC Vessel Register and 

be eligible to fish in the EPO. However, 

the current capacity limit of 8,969 mt 

has never been fully utilized since it 

was established in 2005, and when 

excess U.S. capacity has been available 

in the past, there has not been a surge 

to use this capacity. Thus, it is apparent 

that there has not been a high demand 


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for additional vessels to enter the 

fishery. 

In 2008, the Western and Central 

Pacific Fisheries Commission (WCPFC) 

adopted a conservation and 

management measure (CMM–2008–01) 

that established a three-month closure 

in the WCPO to fishing on fish 

aggregating devices with purse seine 

gear. This closure could have resulted in 

an increase in the number of WCPO 

vessels interested in operating in the 

IATTC Convention Area. This did not 

occur during the 2008 or 2009 closures; 

however, NMFS staff has been advised 

that some vessel managers are 

considering shifting effort to the IATTC 

Convention Area in the future. The 

IATTC resolution on vessel capacity and 

U.S. regulations do allow for WCPO 

vessels to make a single trip in the EPO 

during a calendar year without having 

to be listed on the IATTC Vessel 

Register, so if the vessels wanted to 

make only one trip they would not need 

to be on the Vessel Register or be 

counted against the U.S. carrying 

capacity. However, if a WCPO vessel 

wanted to make more than one trip, it 

would have to request to be on the 

Vessel Register and would only be 

allowed to do so if there was adequate 

capacity available. 

In addition to the capacity limits, 

there are other IATTC measures in place 

to limit effort in the purse seine fishery. 

Of particular relevance is IATTC 

Resolution C–09–01, which went into 

effect in July 2009 and established, 

among other things, time/area closures 

and tuna catch retention requirements 

in the purse seine fishery. These 

measures were put in place primarily to 

limit the fishing mortality of bigeye and 

yellowfin tuna. The United States 

implemented these measures 

domestically in November 2009 (74 FR 

61046, November 23, 2009). 

NMFS initially considered including 

a provision that would rank purse seine 

fishermen applying to be on the Vessel 

Register according to their historical 

participation in the purse seine fishery, 

so those who have participated longer in 

the fishery would have precedence 

when applying to be on the Vessel 

Register. NMFS has preliminarily 

determined that this provision is not 

necessary at this time because there has 

been such limited participation in the 

fishery in the recent past. NMFS also 

initially considered including 

additional restraints on the small purse 

seine vessels that would be exempt from 

the frivolous request provisions in order 

to avoid numerous small purse seiners 

that do not have intentions to fish for 

tuna later in the year from applying to 

be on the Vessel Register. However, 

NMFS determined that this is also not 

necessary at this time due to the limited 

participation in the fishery. NMFS 

encourages public comment on both of 

these issues. 

Classification 

The NMFS Assistant Administrator 

has determined that this proposed rule 

is consistent with the Tuna Conventions 

Act and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An Initial Regulatory Flexibility 

Analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act. The IRFA 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. 

The complete analysis is included in 

this proposed rule. 

The purpose of the proposed action is 

to amend regulations to ensure that the 

United States is satisfying its obligations 

as a member of the IATTC and U.S. 

regulations are as consistent as 

practicable with active IATTC 

Resolutions, while dismantling 

regulatory constraints that may prevent 

capacity building by the U.S. industry. 

The total number of affected purse 

seine vessels is approximated by the 

current number of U.S. purse seine 

vessels authorized to fish in the IATTC 

Convention Area and the number of 

vessels that have the potential to enter 

the fishery if the proposed rule were 

adopted and capacity was increased in 

the purse seine fishery. As of July 2010, 

there were two U.S purse seine vessels 

listed on the IATTC Vessel Register and 

authorized to fish in the Convention 

Area totaling 1,194 mt carrying capacity; 

this does not include small vessels 

which are exempt from the requirement 

to be listed on the Vessel Register. One 

of the large vessels is class size 6 

(greater than 363 mt carrying capacity) 

and one is class size 5 (273–363 metric 

tons carrying capacity). In 2009, there 

were eight small purse seine vessels that 

were exempt from being listed on the 

IATTC Vessel Register and made 

landings of tuna in the EPO; these 

vessels amount to an estimated 1,000 mt 

of carrying capacity are class size 1–2 

vessels. Thus, it is estimated that the 

current U.S. vessel capacity, including 

small vessels, is about 2,200 mt. If the 

proposed rule were adopted, it is 

possible, although unlikely, that effort 

in the purse seine fishery operating in 

the EPO could increase substantially. 

If the capacity were increased to 

31,775 cubic meters (or about 27,147 

mt), the carrying capacity limit would 

be about three times larger than the 

carrying capacity limit currently in 

place. This would allow for about 20 or 

fewer large vessels, depending on the 

size of the individual vessels and the 

number of small vessels participating in 

the fishery, to be on the Vessel Register 

and participate in the fishery (this 

estimate is based on the average 

carrying capacity of U.S. vessels 

operating in the WCPO, or 1,487 cubic 

meters). It is estimated that at most, 10– 

15 small vessels would opt to be on the 

Vessel Register. It is estimated that the 

majority of the vessels entering the 

fishery from the WCPO would be class 

size 6 vessels based on current and 

historical participation in the EPO and 

WCPO purse seine fisheries. 

Class size 6 purse seine vessels 

usually fish outside U.S. waters and 

deliver their catch to U.S. (e.g., 

American Samoa) or foreign (e.g., 

Ecuador, Mexico, Colombia, Costa Rica) 

ports. Class size 6 vessels are required 

to have 100 percent observer coverage. 

They are categorized as large business 

entities (revenues in excess of $4 

million per year) and typically generate 

about 4,000 to 5,000 mt of tuna valued 

at about $4 to $5 million per year. Class 

size 5 vessels are not required to carry 

an observer. Purse seine vessels class 

size 5 or smaller would be considered 

small business entities (revenues equal 

to or less than $4 million per year) and 

it is estimated that from 2004–2008, the 

majority, if not all, of these smaller 

vessels had revenues of less than $0.5 

million per year. 

The proposed action, if adopted, 

would not disproportionately affect 

small business entities relative to large 

business entities. The proposed action 

has the potential to affect more large 

business entities than small business 

entities. The proposed rule would 

increase the opportunity for all purse 

seine vessels, regardless of size, to 

register to be on the IATTC Vessel 

Register and participate in the fishery 

targeting tunas in the EPO because the 

total carrying capacity limit would be 

increased. The proposed rule would 

also remove the current exemption that 

allows smaller vessels (class sizes 1–5) 

to opportunistically fish for tuna species 

in the EPO without being listed on the 

IATTC Vessel Register. These vessels 

would have to apply to be on the Vessel 

Register every year if they anticipate 

fishing for tunas; however, there would 

be no associated cost for registering to 


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54082 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Proposed Rules 

be on the IATTC Vessel Register because 

there are no IATTC observer 

requirements for vessels under class size 

6. This regulatory amendment is 

necessary because the IATTC Resolution 

on a Vessel Register (Resolution C–00– 

06) requires that all vessels provide the 

IATTC with applicable vessel 

information and be listed on the IATTC 

Vessel Register in order to be authorized 

to fish in the IATTC Convention Area 

for species under the purview of the 

IATTC. Although these smaller vessels 

would be required to be listed on the 

IATTC Vessel Register, they would be 

exempt from the frivolous request 

provisions. The frivolous request 

provisions essentially penalize vessels 

that apply to be on the Vessel Register 

and do not fish for tuna in the EPO by 

putting them at the bottom of the 

hierarchy when applying to be on the 

Vessel Register the following year. 

These provisions are meant to prevent 

vessel owners who do not have any 

intent to fish in the Convention Area 

from applying to be on the Vessel 

Register and take up valuable capacity. 

The smaller vessels would be exempt 

because it would be difficult, if not 

impossible, for the vessel owners to 

anticipate whether schools of tuna 

would become available off the U.S. 

west coast during the summer months 

in a given year. In addition, the proposal 

to use cubic meters rather than metric 

tons is not likely to negatively affect 

small business entities as it is an 

administrative change. 

NMFS compared the effects of the 

proposed rule to three alternatives, 

including a no action alternative. 

Alternative 1 would be the same as the 

preferred alternative (the proposed 

action); however, the Vessel Register list 

exemption for small purse seine vessels 

at 50 CFR 300.22(b)(1)(ii) would not be 

removed, and the frivolous request 

regulations would not be amended. 

Thus, Alternative 1 would increase the 

U.S. vessel carrying capacity limit for 

the purse seine fishery operating in the 

EPO to 31,775 cubic meters, the 

capacity measurements would be 

changed to cubic meter measurements, 

and small purse seine vessels for which 

landings of tuna caught in the 

Convention Area comprise 50 percent or 

less of the vessel’s total landings, by 

weight, for a given calendar year, would 

continue to be exempt from the 

requirement to be on the Vessel 

Register. The effects of this alternative 

on small business entities would be 

similar to those described for the 

proposed action, except small purse 

seine vessels would continue to be 

exempt from the requirement to be on 

the Vessel Register. If Alternative 1 were 

adopted, the United States would 

maintain U.S. regulations that would be 

less consistent with IATTC Resolution 

C–00–06 because not all vessels 

operating in the Convention Area would 

be on the IATTC Vessel Register. 

Alternative 2 would revise the current 

regulations to give NMFS the discretion 

to revise the current 8,969 mt (10,498 

cubic meters) vessel capacity limit in 

the future up to the amount authorized 

under resolutions adopted by the IATTC 

(currently 31,775 cubic meters) based on 

specific criteria. However, the vessel 

capacity limit would not be increased at 

this time because currently there 

appears to be limited demand for 

additional vessel capacity. The capacity 

measurements would be amended so 

that they are in cubic meter 

measurements, and small purse seine 

vessels for which landings of tuna 

caught in the Convention Area comprise 

50 percent or less of the vessel’s total 

landings, by weight, for a given calendar 

year, would continue to be exempt from 

the requirement to be on the Vessel 

Register. The impacts to small business 

entities would be similar to those 

described under Alternative 1 with 

respect to not removing the exemption 

for small vessels. Alternative 2 does not 

necessarily increase the current carrying 

capacity in the purse seine fishery, so 

this could be disadvantageous to large 

and some small business entities that 

are not exempt from being listed on the 

Vessel Register if the current vessel 

capacity were reached in a given year 

and they were not able to participate in 

the fishery due to a lack of available 

capacity. 

Alternative 3 is the no action 

alternative. Under this alternative, there 

would be no changes to the current 

regulations for the purse seine fishery 

which targets tuna species in the EPO. 

The purse seine vessel capacity limit 

would remain at 8,969 mt, the capacity 

measurements would remain in metric 

tons, and small purse seine vessels for 

which landings of tuna caught in the 

Convention Area comprise 50 percent or 

less of the vessel’s total landings, by 

weight, for a given calendar year, would 

continue to be exempt from the 

requirement to be on the Vessel 

Register. Under this alternative, the 

United States would maintain U.S. 

regulations that are less consistent with 

IATTC Resolution C–00–06 because 

small vessels that occasionally fish for 

tunas would not be included on the 

Vessel Register. In addition, U.S. 

regulations would constrain the carrying 

capacity limit beyond what is 

authorized by the IATTC and would 

therefore be limiting the opportunity for 

U.S. businesses to participate in the 

fishery. 

This proposed rule contains a 

collection-of-information requirement 

subject to the Paperwork Reduction Act 

(PRA) and which has been approved by 

NOAA’s Office of Management and 

Budget (OMB) under control number 

0648–0387. Public reporting burden for 

Vessel Register annual notification is 

estimated to average 35 minutes per 

response, including 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 this burden estimate, or any 

other aspect of this data collection, 

including suggestions for reducing the 

burden, to NMFS (see ADDRESSES) and 

by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

NMFS prepared a draft Environmental 

Assessment (EA) on these proposed 

regulations. A copy of the draft EA is 

available from NMFS (see ADDRESSES) or 

at: http://swr.nmfs.noaa.gov. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: August 30, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 300, subpart C as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

1. The authority citation for 50 CFR 

part 300, subpart C, continues to read as 

follows: 

Authority: 16 U.S.C. 951–961 et seq. 

2. Revise the heading for 50 CFR part 

300, subpart C, to read as follows: 

Subpart C—Eastern Pacific Tuna 

Fisheries 

3. In § 300.21, remove the definition 

of ‘‘Commission’s Yellowfin Regulatory 

Area (CYRA)’’. 

4. In § 300.22, revise paragraphs 

(b)(1), (b)(3), (b)(4)(i)(A), and (b)(4)(ii) to 

read as follows: 


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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Proposed Rules 54083 

§ 300.22 Eastern Pacific fisheries 

recordkeeping and written reports. 

* * * * * 

(b) * * * 

(1) Exception. Vessels that are 

licensed under the South Pacific Tuna 

Treaty that exercise an option to fish in 

the Convention Area for a single trip 

each year are exempted from being 

listed on the Vessel Register to use 

purse seine gear to target tuna in the 

Convention Area, provided that the total 

number of optional trips does not 

exceed 32 in a given calendar year. Each 

optional trip in the Convention Area 

shall not exceed 90 days in duration. 

* * * * * 

(3) Vessel 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; vessel length, beam, and moulded 

depth; gross tonnage, fish hold capacity 

in cubic meters, and carrying capacity 

in 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 and 

other parts of the CFR. 

(4) * * * 

(i) * * * 

(A) The cumulative carrying capacity 

of all purse seine vessels categorized as 

active on the Vessel Register may not 

exceed 31,775 cubic meters in a given 

year; 

* * * * * 

(ii) Frivolous requests for active 

status. 

(A) Except as described under 

paragraph (b)(4)(ii)(B) of this section, 

requests for active status under 

paragraph (b)(4)(i) of this section will be 

considered frivolous if, for a vessel 

categorized as active in a given calendar 

year: 

(1) 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 

(2) The vessel did not fish for tuna at 

all in the Convention Area in that same 

year. 

(B) Exceptions. Requests described 

under paragraph (b)(4)(ii)(A) of this 

section will not be considered frivolous 

requests if: 

(1) The vessel’s catch pattern fell 

within the criteria described in pargraph 

(b)(4)(ii)(A) as a result of force majeure 

or other extraordinary circumstances as 

determined by the Regional 

Administrator; or 

(2) The vessel’s carrying capacity is 

400 st (362.8 mt) or less and landings of 

tuna caught by the vessel in the 

Convention Area comprise 50 percent or 

less of the vessel’s total landings, by 

weight, for a given calendar year. 

* * * * * 

[FR Doc. 2010–22078 Filed 9–2–10; 8:45 am] 

BILLING CODE 3510–22–S 


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