[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Rules and Regulations]
[Pages 72557-72560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28628]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140324263-4990-02]
RIN 0648-BE12


Atlantic Highly Migratory Species; Transshipment, Port 
Inspection, and Vessel Identification

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

ACTION: Final rule.

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SUMMARY: This final rule implements regulations governing transshipment 
and international port inspection for vessels with Atlantic highly 
migratory species (HMS) permits to fulfill recent recommendations 
adopted by the International Commission for the Conservation of 
Atlantic Tunas (ICCAT). The final rule expands the current prohibition 
on transfer at sea to include any tuna, tuna-like species, or other 
Atlantic HMS both at sea and in port inside the Atlantic Ocean, and 
prohibits the transfer of Atlantic HMS by U.S. vessels outside of the 
Atlantic Ocean and its surrounding seas. However, Atlantic tuna purse 
seine category vessels are still allowed to transfer Atlantic bluefin 
tuna from the catcher vessel to the receiving vessel in certain limited 
circumstances. Additionally, this final rule revises current 
regulations for U.S.-permitted vessels landing tuna, tuna-like species, 
or other HMS in foreign ports or making port calls in foreign ports by 
updating information and reporting procedures. Finally, NMFS is 
notifying commercial HMS permit holders with vessels 20 meters or 
larger of an ICCAT requirement that they provide an International 
Maritime Organization (IMO)/Lloyd's Registry (LR) number on their 
permit application by no later than January 1, 2016. The purpose of 
this rule is to ensure U.S. compliance with ICCAT recommendations and 
to facilitate implementation of international monitoring, control, and 
surveillance measures for Atlantic HMS fisheries.

DATES: This rule is effective on January 7, 2015.

ADDRESSES: Other documents relevant to this final rule are available 
from the Atlantic HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ or upon request from the Atlantic HMS 
Management Division at 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Rick Pearson at 727-824-5399 or LeAnn 
Hogan at 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the 
2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) and 
regulations at 50 CFR part 635, pursuant to the dual authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and the Atlantic Tunas Convention Act (ATCA). Under ATCA, 
the Secretary promulgates such regulations as may be necessary and 
appropriate to carry out ICCAT recommendations.

Background

    A brief summary of the background of this final action is provided 
below. The details are described in the proposed rule for this action 
(79 FR 54247, September 11, 2014) and are not repeated here. Additional 
information regarding Atlantic HMS management can be found in the 2006 
Consolidated Atlantic HMS FMP and its amendments, the annual HMS Stock 
Assessment and Fishery Evaluation (SAFE) Reports, and online at http://www.nmfs.noaa.gov/sfa/hms/. The comments received on the proposed rule 
for this action, and our responses to those comments, are summarized 
below in the section labeled ``Response to Comments.''
    In 2012 and 2013, ICCAT adopted binding measures for its 
Contracting Parties to further combat illegal, unregulated, and 
unreported (IUU) fishing activities. Consistent with these recent ICCAT 
recommendations, this final rule implements domestic regulations 
pertaining to transfer at sea and transshipment, and international port 
inspection for vessels that are issued, or required to be issued, 
Atlantic HMS permits. It also notifies owners of commercial HMS-
permitted vessels that are 20 meters in length or greater of the need 
to obtain an IMO/LR number and to provide that number on their permit 
applications by no later than January 1, 2016.

Transfer at Sea and Transshipment

    ICCAT Recommendation 12-06 expands and strengthens ICCAT's 
previously adopted program for transshipment. These changes were 
designed to enhance the quality of data collected for use in compliance 
assessments and for scientific purposes, and to eliminate any incentive 
for vessels to transship outside of the ICCAT convention area in order 
to circumvent ICCAT rules. Current

[[Page 72558]]

domestic transfer at sea regulations already prohibit the transfer at 
sea of Atlantic HMS within the Convention Area (i.e., all waters of the 
Atlantic Ocean including adjacent seas), regardless of where the fish 
were harvested. The current regulations also require that permitted 
vessels offload Atlantic HMS to permitted dealers, thereby precluding 
transfers in port. In this rulemaking, NMFS is amending the regulations 
to expand the prohibition on transfer at sea to include any tuna, tuna-
like species, or other HMS within the Convention Area both at sea or in 
port, and to also prohibit the transfer of these species at sea outside 
of the Convention Area, regardless of where the fish were harvested. 
With these minor changes, it would become unlawful for Atlantic HMS-
permitted vessels (or vessels required to have an Atlantic HMS permit) 
to transfer tuna, tuna-like species, or other HMS in port or at sea, 
both within or outside the Convention Area. However, Atlantic tuna 
purse seine category vessels would continue to be allowed to transfer 
only Atlantic bluefin tuna from the catcher vessel to the receiving 
vessel provided that the amount transferred does not cause the 
receiving vessel to exceed its currently authorized vessel allocation, 
including incidental catch limits.
    The HMS transfer at sea prohibition was first implemented in 1999 
(64 FR 29090, May 28, 1999) in conjunction with publication of the 1999 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 
FMP) and was analyzed in the environmental impact statement for that 
action. The transfer at sea regulation has remained largely unchanged 
since then, with only two minor amendments in 2010 and 2011. This final 
action does not significantly alter the regulation. Also, there have 
been no known transfers of Atlantic tuna, tuna-like species, or other 
HMS by U.S. permitted vessels outside of the Convention Area (e.g., in 
the Panama Canal or Pacific Ocean). Thus, this final action is limited 
in magnitude and is not a significant change from the original 
environmental action. It is not expected to result in socio-economic 
impacts on U.S. fishermen.

Port Inspection

    ICCAT Recommendation 12-07 establishes a scheme for minimum 
standards for inspection in port and revises and strengthens ICCAT's 
previous port inspection program (Recommendation 97-10). Pursuant to 
Recommendation 12-07, port State responsibilities include: (1) 
Designating and publicizing their ports where foreign fishing vessels 
can land or transship ICCAT-managed species that have not previously 
been landed or transshipped at port; (2) requiring advance notice from 
foreign fishing vessels seeking to enter those ports; (3) deciding 
whether or not to grant entry to such vessels in consideration of the 
information received; and, (4) carrying out inspections of at least 
five percent of landing or transshipment operations made by foreign 
vessels once in port. The provisions of Recommendation 12-07 are to be 
applied to foreign fishing vessels equal to or greater than 12 meters 
in length overall. Notwithstanding the above minimum standards, port 
States may adopt more stringent port inspection requirements.
    ICCAT Recommendation 12-07 also requires that flag States take 
necessary action to ensure that masters facilitate safe access to the 
fishing vessel, cooperate with the competent authorities of the port 
State, facilitate the inspection and communication and not obstruct, 
intimidate or interfere, or cause other persons to obstruct, intimidate 
or interfere with port State inspectors in the execution of their 
duties.
    NOAA, the United States Coast Guard (USCG), and other relevant 
Federal agencies are in inter-agency discussions on implementation of 
those provisions of Recommendation 12-07 that pertain to U.S. 
responsibilities as a port State, such as advance notice of arrival by 
foreign fishing vessels. Full implementation of those provisions will 
require separate, additional rulemaking in the future by one or more 
U.S. agencies and may be addressed in concert with other port State 
requirements stemming from measures adopted by other Regional Fishery 
Management Organizations (RFMOs), as well as the Agreement on Port 
State Measures to Prevent and Deter, and Eliminate Illegal, Unreported, 
and Unregulated Fishing, adopted by the United Nations Food and 
Agricultural Organization (FAO) in 2009, should the United States 
become a party. The U.S. Senate gave its advice and consent for 
ratification of this treaty in April 2014 and Congress is currently 
considering implementing legislation.
    In this final rule, NMFS is only implementing certain provisions of 
Recommendation 12-07. It revises 50 CFR 635.52 to include technical and 
electronic equipment, records, and other relevant documents deemed 
necessary to ensure compliance with ICCAT measures as examples of what 
may be inspected by an authorized officer of a port State when 
offloading tuna, tuna-like species or other HMS in a foreign port or 
when making a port call in foreign ports. It also adds new language at 
Sec.  635.53 to inform U.S. vessel operators of the information that 
they must provide to a port State prior to arrival in a foreign port. 
Finally, this rule adds Sec.  635.54, which notifies U.S. vessel 
operators of the updated procedures for the port State when reporting 
the results of any port inspection conducted by an authorized foreign 
port State inspector. These final regulations are necessary to maintain 
consistency with current ICCAT recommendations and to ensure that 
operators of U.S. permitted fishing vessels have the most current 
information available to comply with the requirements of foreign 
countries pursuant to ICCAT Recommendation 12-07. These changes are 
limited in magnitude and are not expected to result in socio-economic 
impacts on U.S. fishermen.

Unique Vessel Identifiers

    ICCAT Recommendation 13-13 requires vessels 20 meters or greater in 
length to obtain an IMO/LR number by no later than January 1, 2016. 
Current HMS regulations at Sec.  635.4(h) are sufficient to comply with 
this Recommendation, as they allow NMFS to collect required supporting 
documents, which would include an IMO/LR number, as a condition for 
obtaining an Atlantic HMS permit and for being included on the ICCAT 
list of authorized large scale fishing vessels. Permit applications 
that do not contain the required supporting documents are considered 
incomplete. However, NMFS will need to amend the HMS permit 
applications to add a new field for the IMO/LR number. NMFS intends to 
amend the permit applications so that affected constituents can provide 
their IMO/LR number on the application for their 2015 permits. 
Therefore, through this rulemaking, NMFS is informing affected 
constituents about the need to obtain an IMO/LR number and to provide 
that number on their permit application by no later than January 1, 
2016. No regulatory changes are being implemented to comply with ICCAT 
Recommendation 13-13.

Technical Correction

    A final rule to lift trade restrictions on bigeye tuna from Bolivia 
and Georgia was published in the Federal Register on August 29, 2012 
(77 FR 52259). The prohibition on the import of bigeye tuna from 
Bolivia and Georgia at 50 CFR 635.71(b)(29) was inadvertently not 
removed by NMFS in that final rule. A technical correction to remove 
and reserve Sec.  635.71(b)(29) is included in this final rule.

[[Page 72559]]

Response to Comments

    The comment period for the proposed rule closed on October 14, 
2014. NMFS did not receive any written comments from non-governmental 
organizations, fishermen, dealers, and other interested parties. NMFS 
received one comment from a constituent participating on the conference 
call/webinar on September 19, 2014. A summary of that comment is 
provided below along with NMFS' response.
    Comment 1: I support the proposed measures because implementation 
would demonstrate U.S. compliance with ICCAT trade measures.
    Response: NMFS agrees that the measures implemented by this rule 
would demonstrate U.S. compliance with ICCAT trade measures.

Changes From the Proposed Rule (79 FR 54247, September 11, 2014)

    The proposed rule for this action added a new paragraph at Sec.  
635.71(a)(57). However, another rulemaking, the proposed rule for 
Amendment 7 to the Consolidated Atlantic HMS FMP (78 FR 52032, August 
21, 2013), proposed to add provisions at the same paragraph number and 
others (Sec.  635.71(a)(57)-(60)). Because the paragraphs in the final 
rule for Amendment 7 to the Consolidated Atlantic HMS FMP published and 
became effective prior to this action, the provisions proposed to be 
codified at Sec.  635.71(a)(57) are now codified at Sec.  635.71(a)(61) 
in this final rule. There is no change to the regulatory language 
contained in the proposed paragraph.

Classification

    The NMFS Assistant Administrator has determined that this final 
action is necessary for the conservation and management of the Atlantic 
HMS fisheries, and that it is consistent with the Magnuson-Stevens Act, 
the 2006 Consolidated Atlantic HMS FMP and its amendments, ATCA, and 
other applicable laws.
    This final action has been determined to be categorically excluded 
from the requirement to prepare an environmental assessment in 
accordance with NOAA Administrative Order 216-6. A memorandum for the 
file has been prepared that sets forth the decision to use a 
categorical exclusion because the rule would implement minor 
adjustments to the regulations and would not have a significant effect, 
individually or cumulatively, on the human environment.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). ICCAT Recommendation 13-13 requires commercial vessels 20 meters 
or greater to obtain an IMO/LR number by no later than January 1, 2016. 
To comply with this Recommendation, as a condition for obtaining an 
Atlantic HMS permit, NMFS will require that an IMO/LR number be 
provided on the HMS permit application from affected constituents by no 
later than January 1, 2016. A permit application will be considered 
incomplete if an IMO/LR number is not provided by an affected 
constituent. An amendment to OMB Control Number 0648-0205 (Southeast 
Region Federal Fisheries Permit Family of Forms) and Control Number 
0648-0327 (HMS Vessel Permits) will be submitted to the Office of 
Management and Budget for approval.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Penalties, Reporting and 
recordkeeping requirements, Treaties.

    Dated: November 25, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For reasons set out in the preamble, NMFS amends 50 CFR part 635 as 
follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.


0
2. Section 635.29 is revised to read as follows:


Sec.  635.29  Transfer at sea and transshipment.

    (a) A person who owns or operates a vessel issued a permit, or 
required to be issued a permit, under Sec.  635.4 may not transfer any 
tuna or tuna-like species, or other HMS, at sea or in port, regardless 
of where the fish was harvested, except as provided in paragraph (c) of 
this section.
    (b) For the purposes of this part, ``transfer'' means the act of 
``transshipping'' as defined at 50 CFR 300.301. Notwithstanding the 
definition of ``harvest'' at Sec.  600.10, for the purposes of this 
part, transfer also includes, but is not limited to, moving or 
attempting to move a tuna that is on fishing gear or other gear in the 
water from one vessel to another vessel.
    (c) An owner or operator of a vessel for which an Atlantic Tunas 
Purse Seine category permit has been issued under Sec.  635.4 may 
transfer large medium and giant Atlantic BFT at sea from the net of the 
catching vessel to another vessel for which an Atlantic Tunas Purse 
Seine category permit has been issued, provided the amount transferred 
does not cause the receiving vessel to exceed its currently authorized 
vessel allocation, including incidental catch limits.

0
3. Section 635.51 is revised to read as follows:


Sec.  635.51  Authorized officer.

    For the purposes of this subpart, an authorized officer is a person 
appointed by an ICCAT contracting party to conduct inspections for the 
purpose of determining compliance with ICCAT conservation and 
management measures and who possesses identification issued by the 
authorized officer's national government.

0
4. Section 635.52 is revised to read as follows:


Sec.  635.52  Vessels subject to inspection.

    (a) All U.S. fishing vessels carrying fish species subject to 
regulation pursuant to a recommendation of ICCAT that have not been 
previously landed or transshipped at port, as well as the vessel's 
catch, gear, equipment, records, and any documents the authorized 
officer deems necessary to determine compliance with ICCAT conservation 
and management measures, are subject to inspection when in a port of 
any ICCAT contracting or cooperating non-contracting party. A list of 
ports, designated by ICCAT contracting or cooperating non-contracting 
parties, to which foreign vessels carrying fish species subject to 
regulation pursuant to a recommendation of ICCAT may seek entry is 
available on the ICCAT Web site.
    (b) While in port, the master, crewmember, or any other person on a 
U.S. vessel carrying fish species subject to regulation pursuant to a 
recommendation of ICCAT must

[[Page 72560]]

cooperate with an authorized officer during the conduct of an 
inspection, including by facilitating safe boarding. ICCAT 
recommendations require that inspections be carried out so that the 
vessel suffers minimum interference and inconvenience, and so that 
degradation of the quality of catch is avoided.

0
5. Section 635.53 is revised to read as follows:


Sec.  635.53  Prior notification.

    (a) U.S. vessels carrying tuna or tuna-like species or other HMS 
that are seeking to enter the port of another ICCAT contracting or 
cooperating party must provide to the port State, at least 72 hours 
before the estimated time of arrival at the port or in accordance with 
any other time period specified by the foreign government, the 
following information:
    (1) Vessel identification (External identification; Name; Flag 
State; ICCAT Record No., if any; IMO No., if any; and international 
radio call sign);
    (2) Name of the designated port, as referred to in the ICCAT 
register, to which it seeks entry and the purpose of the port call;
    (3) Fishing authorization or, where appropriate, any other 
authorization held by the vessel to support fishing operations on 
ICCAT-managed species and/or fish products originating from such 
species;
    (4) Estimated date and time of arrival in port;
    (5) In kilograms, the estimated quantities of each ICCAT-managed 
species and/or fish products originating from such species to be held 
on board and to be landed, with associated catch areas;
    (6) Other information, as requested by the foreign ICCAT 
contracting or cooperating non-contracting party, to determine whether 
a vessel has engaged in IUU fishing, or related activities;
    (b) After receiving information pursuant to paragraph (a) of this 
section, the foreign ICCAT contracting or cooperating non-contracting 
party should decide whether to authorize or deny the entry of a vessel 
into its port.

0
6. Section 635.54 is added to read as follows:


Sec.  635.54  Reports.

    Owners and operators of U.S. vessels subject to inspection under 
Sec.  635.23 are hereby notified that the ICCAT recommendation 
establishing a scheme for minimum standards for inspection in port 
requires that:
    (a) Upon completion of the inspection, the authorized officer shall 
provide the Master of the U.S. fishing vessel with the inspection 
report containing the findings of the inspection, including any 
violations found and possible subsequent measures that could be taken 
by the foreign ICCAT contracting or cooperating non-contracting party. 
The Master of the U.S. vessel is entitled to add or have added to the 
report any comments or objections, and to add his or her own signature 
as an acknowledgement of receipt,
    (b) Copies of the inspection report shall also be provided by the 
port State to the ICCAT Secretariat and, as appropriate, to NMFS and 
other contracting or cooperating non-contracting parties of ICCAT,
    (c) Any enforcement action taken by the foreign ICCAT contracting 
or cooperating non-contracting party in response to an infringement 
shall be reported to the United States and to the ICCAT Secretariat, 
and
    (d) The foreign ICCAT contracting or cooperating non-contracting 
party shall refer any infringements found that do not fall within its 
jurisdiction, or with respect to which it has not taken action, to the 
flag State of the vessel (i.e., to NMFS).

0
7. In Sec.  635.71:
0
a. Add paragraph (a)(61);
0
b. Revise paragraph (b)(21);
0
c. Remove and reserve paragraph (b)(29);
0
d. Revise paragraphs (c)(2), (d)(5), and (e)(5) to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (61) Transfer in port or at sea any tuna, tuna-like species, or 
other HMS, as specified in Sec.  635.29(a).
    (b) * * *
    (21) Transfer a tuna, except as may be authorized for the transfer 
of Atlantic BFT between purse seine vessels, as specified in Sec.  
635.29(c).
* * * * *
    (c) * * *
    (2) Transfer a billfish in port or at sea, as specified inSec.  
635.29(a).
* * * * *
    (d) * * *
    (5) Transfer a shark in port or at sea, as specified inSec.  
635.29(a).
* * * * *
    (e) * * *
    (5) Transfer a swordfish in port or at sea, as specified in Sec.  
635.29(a).
* * * * *
[FR Doc. 2014-28628 Filed 12-5-14; 8:45 am]
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