[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Proposed Rules]
[Pages 23965-23983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12037]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 070717350-7391-01]
RIN 0648-AV63


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Initial Implementation of the Western and 
Central Pacific Fisheries Convention

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement, in part, the Western 
and Central Pacific Fisheries Convention Implementation Act (Act), 
which authorizes the Secretary of Commerce to promulgate regulations 
needed to carry out the obligations of the United States under the 
Convention on the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (Convention), including 
implementing the decisions of the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (WCPFC). NMFS has determined that this action is 
necessary for the United States to satisfy its international 
obligations under the Convention, to which it is a Contracting Party. 
It would have the effect of requiring that all relevant U.S. fishing 
vessels are operated in conformance with the provisions of the 
Convention.

DATES: Comments must be submitted in writing by June 22, 2009.

ADDRESSES: You may submit comments on this proposed rule, identified by 
0648-AV63, and the draft environmental assessment (EA) and the 
regulatory impact review (RIR) prepared for the proposed rule by any of 
the following methods:
    <bullet> Electronic submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal, at http://www.regulations.gov.
    <bullet> Mail: William L. Robinson, Regional Administrator, NMFS 
Pacific Islands Regional Office (PIRO), 1601 Kapiolani Blvd., Suite 
1110, Honolulu, HI 96814. Include the identifier ``0648-AV63'' in the 
comments.
    Instructions: All comments received are part of the public record 
and

[[Page 23966]]

generally will be posted to http://www.regulations.gov without change. 
All personal identifying information (for example, name and address) 
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 (if 
submitting comments via the Federal e-Rulemaking portal, enter ``N/A'' 
in the relevant required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word 
or Excel, WordPerfect, or Adobe PDF file formats only.
    An initial regulatory flexibility analysis (IRFA) prepared under 
the authority of the Regulatory Flexibility Act (RFA) is included in 
the Classification section of the SUPPLEMENTARY INFORMATION section of 
this proposed rule.
    Copies of the draft EA and RIR prepared for this proposed rule are 
available at http://www.fpir.noaa.gov/IFD/ifd_documents_data.html or 
may be obtained from William L. Robinson (see ADDRESSES).
    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 William L. Robinson, Regional 
Administrator, NMFS PIRO (see address above) and by e-mail to <a href="/cdn-cgi/l/email-protection#397d584f505d666b564a4d525c4b7956545b175c5649175e564f"><span class="__cf_email__" data-cfemail="7135100718152e231e02051a1403311e1c135f141e015f161e07">[email protected]</span></a> or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808-944-2219.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This proposed rule is also accessible at http://www.gpoaccess.gov/fr.

Background on the Convention

    The Convention was opened for signature in Honolulu on September 5, 
2000, and entered into force in June 2004. The full text of the 
Convention can be obtained from the WCPFC website at: http://www.wcpfc.int/convention.htm. The area of application of the 
Convention, or the Convention Area, comprises the majority of the 
western and central Pacific Ocean. A map showing the exact boundaries 
of the Convention Area can be found on the WCPFC website at: http://www.wcpfc.int/pdf/Map.pdf. The Convention is focused on highly 
migratory species (HMS) and stocks of HMS. Under the Western and 
Central Pacific Fisheries Convention Implementation Act (Public Law 
109-479, Sec 501, et seq., and codified at 16 U.S.C. 6901 et seq.), HMS 
fish stocks are defined to mean all fish stocks of the species listed 
in Annex I of the United Nations Convention on the Law of the Sea of 10 
December 1982, except sauries, occurring in the Convention Area, and 
such other species of fish as the WCPFC may determine. The Convention 
also provides for the conservation and management of non-target, 
associated and dependent species.
    The WCPFC, established under the Convention, is comprised of the 
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 WCPFC include Participating 
Territories and Cooperating Non-Members. Participating Territories 
participate with the authorization of their respective Contracting 
Parties. Cooperating Non-Members are admitted by the WCPFC on a year-
to-year basis.
    The current Contracting Parties to the Convention are: Australia, 
Canada, China, Cook Islands, European Community, Federated States of 
Micronesia, Fiji, France, Japan, Kiribati, Korea, Marshall Islands, 
Nauru, New Zealand, Niue, Palau, Papua New Guinea, Philippines, Samoa, 
Solomon Islands, Tonga, Tuvalu, United States of America and Vanuatu. 
Chinese Taipei (Taiwan), as a fishing entity, has agreed to be bound by 
the regime established by the Convention. The current Participating 
Territories are: French Polynesia, New Caledonia and Wallis and Futuna 
(affiliated with France); Tokelau (affiliated with New Zealand); and 
the Territory of American Samoa, the Commonwealth of the Northern 
Mariana Islands and the Territory of Guam (affiliated with the United 
States of America). The Cooperating Non-Members for 2009 are Belize, El 
Salvador, Indonesia, Mexico and Senegal.
    The Convention was ratified by, and came into force for, the United 
States in 2007. The United States thereby became a full Member of the 
WCPFC after having been a Cooperating Non-Member since the WCPFC's 
establishment in 2004.

International Obligations of the United States under the Convention

    The United States will, in general, implement the provisions of the 
Convention under authority of the Act, and, as appropriate, under 
authority of the High Seas Fishing Compliance Act of 1995 (HSFCA; 16 
U.S.C. 5501 et seq.), the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA; 16 U.S.C. 1801 et seq.), the South Pacific Tuna 
Act of 1988 (SPTA; 16 U.S.C. 973-973r), and other applicable law.
    The HSFCA implements the Agreement to Promote Compliance with 
International Conservation and Management Measures by Fishing Vessels 
on the High Seas, adopted by the Conference of the Food and Agriculture 
Organization of the United Nations on November 24, 1993, and 
establishes a system of permitting, reporting, and regulation for U.S. 
vessels fishing on the high seas. The MSA governs the conduct of U.S. 
fisheries, primarily through fishery management plans developed by the 
Regional Fishery Management Councils and approved by the Secretary of 
Commerce. The SPTA implements the Treaty on Fisheries between the 
Governments of Certain Pacific Island States and the Government of the 
United States of America (South Pacific Tuna Treaty), and includes 
licensing and other requirements and restrictions for U.S. purse seine 
vessels fishing in the area of application of the South Pacific Tuna 
Treaty.
    Authority to administer and enforce the Act, including the 
authority to promulgate regulations, is given to the Secretary of 
Commerce (Secretary). In promulgating regulations, the Secretary is 
directed to consult with the Secretary of State and the Secretary of 
the Department in which the United States Coast Guard (USCG) is 
operating.
    This proposed rule would implement only those provisions of the 
Convention that are fully specified; that is, provisions for which no 
further action is required by the WCPFC prior to implementation. For 
example, the WCPFC has adopted procedures for boarding and inspection 
of fishing vessels on the high seas in the Convention Area, as called 
for in Article 26 of the Convention. Consequently, the Convention's 
provisions on high seas boarding and inspection, including the 
procedures adopted by the WCPFC, would be implemented via this proposed 
rule. Certain Convention provisions will require further elaboration by 
the WCPFC before they can be implemented. As an example, Article 29 of 
the Convention calls for the WCPFC to develop procedures to monitor 
transshipments in the Convention Area. Those procedures have not yet 
been adopted by the WCPFC; therefore regulations to implement them are 
not included in this proposed rule.

[[Page 23967]]

Description of the Proposed Action

    The proposed rule is described below in terms of its 10 main 
elements.

1. Authorization to fish

    Owners or operators of U.S. vessels used for commercial fishing for 
HMS on the high seas in the Convention Area would be required to obtain 
a new NMFS-issued fishing authorization, called a ``WCPFC Area 
Endorsement.'' Fishing would be defined, consistent with its definition 
under the Act, to specifically include receiving fish from another 
fishing vessel and bunkering or otherwise supplying or supporting a 
vessel that engages in fishing. Thus, carriers that receive HMS from 
another vessel, vessels that bunker vessels used to fish for HMS, and 
vessels that engage in operations at sea directly in support of, or in 
preparation for, fishing or transshipping by other vessels would be 
subject to this and other requirements of the proposed rule. This new 
authorization would be issued by the Regional Administrator of NMFS, 
Pacific Islands Region, supplemental to, and as an endorsement on, the 
permits issued under the authority of the HSFCA (high seas fishing 
permits; see 50 CFR 300.13). The prerequisites to obtaining a WCPFC 
Area Endorsement would be: having a valid high seas fishing permit (or 
simultaneously applying for one), submitting a complete application 
(see the next item, ``vessel information''), and paying the required 
administrative fee. The application form would be designed as a 
supplement to the application for a high seas fishing permit. The WCPFC 
Area Endorsement would become void upon expiration, suspension, or 
revocation of the underlying high seas fishing permit. The WCPFC Area 
Endorsement is also subject to suspension or revocation independent to 
the high seas fishing permit. Holding a WCPFC Area Endorsement would 
trigger a number of other requirements, as described in the elements 
that follow.

2. Vessel information

    Vessel owners and operators that apply for WCPFC Area Endorsements 
would be required to submit to NMFS, in their application forms for 
WCPFC Area Endorsements, specified information about the vessel and its 
operator (i.e., the master on board and in charge of the vessel) that 
is not already collected via the high seas fishing permit application. 
This information includes the name and nationality of the vessel 
operator (or operators); the communication types used on the vessel 
(e.g., single sideband radio, voice Inmarsat, fax Inmarsat, e-mail 
Inmarsat, telex Inmarsat, or other type of satellite telephone), along 
with the communication service used and the identifying/contact number 
for each; the fishing methods used or intended to be used; the vessel's 
fish hold capacity, expressed in terms of either cubic meters or short 
tons; and the vessel's refrigeration and freezer capacity, including 
the types of refrigeration and freezer systems on board, the number of 
refrigeration and freezer units of each type, and the total 
refrigerating or freezing capacity of each type of system.
    In addition, a bow-to-stern side-view photograph of the vessel in 
its current form and appearance, and in any case no older than five 
years, would have to be submitted to NMFS. The photograph could be in 
either paper or electronic format and must meet certain minimum 
specifications in terms of its size and resolution and the legibility 
of the vessel markings. Although the international radio call sign 
assigned to a given vessel is already collected in high seas fishing 
permit applications, an indication of whether or not an international 
radio call sign has been assigned to the vessel and what it is also 
would have to be submitted to NMFS by applicants for WCPFC Area 
Endorsements. This is because of the importance under the Convention of 
a vessel's international radio call sign (e.g., see paragraph below on 
``vessel identification'') and NMFS' need to verify that that the 
collected information is accurate. WCPFC Area Endorsement holders would 
have to submit to NMFS any subsequent changes to the submitted 
information within 15 days of the change.
    In addition, owners or operators of any U.S. vessel used for 
fishing for HMS in the Convention Area in areas under the jurisdiction 
of any nation other than the United States (i.e., vessels for which a 
WCPFC Area Endorsement would not necessarily be required) would be 
required to submit to NMFS information about the vessel, its owners and 
operators and any fishing authorizations issued by such other nations. 
Specifically, all the information specified in the application for high 
seas fishing permits and in the application for WCPFC Area Endorsements 
would be required, as well as, for each fishing authorization issued by 
a nation or political entity other than the United States, the name of 
the nation or political entity, the name of the issuing authority, the 
authorization type, the period of validity, the specific activities 
authorized, the species for which fishing is authorized, the areas in 
which fishing is authorized, and any unique identifiers assigned to the 
authorization. Copies of any such fishing authorizations also would 
have to be submitted to NMFS. This information would be collected via a 
new form (Foreign EEZ Form) designed for this purpose, and vessel 
owners/operators would be required to submit to NMFS any subsequent 
changes to the submitted information within 15 days of the change.
    The collected information referred to above would be incorporated 
by NMFS into a record of U.S. fishing vessels authorized to be used for 
commercial fishing for HMS in the Convention Area beyond areas of U.S. 
jurisdiction. In accordance with the Convention, NMFS would keep this 
record updated and share it with the WCPFC, which would combine it with 
the records of its other Members and Cooperating Non-Members and make 
it publicly available via its website and other means.

3. Vessel monitoring system

    Owners and operators of vessels with WCPFC Area Endorsements would 
be required to have installed, activate, carry and operate vessel 
monitoring system (VMS) units (also known as ``mobile transmitting 
units'') that are type-approved by NMFS, and authorize the WCPFC and 
NMFS to receive and relay transmissions (also called ``position 
reports'') from the VMS unit to the WCPFC and to NMFS. The WCPFC and 
NMFS would use the position reports as part of their respective VMS. 
Activation of a VMS unit would be required any time the unit is 
installed or reinstalled, any time the mobile communications service 
provider has changed, and any time directed by NMFS. Activation would 
involve submitting to NMFS a report via mail, facsimile or email with 
information about the vessel, its owner or operator, and the VMS unit, 
as well as receiving confirmation from NMFS that the VMS unit is 
transmitting position reports properly. The VMS unit would have to be 
turned on and operating (i.e., transmitting automated position reports) 
at all times while the vessel is at sea, both inside and outside the 
Convention Area. The VMS unit may be turned off while the vessel is in 
port, but only if the vessel operator notifies NMFS via mail, facsimile 
or email prior to such shut-down. In such cases, NMFS must also be 
notified when the VMS unit is subsequently turned back on (these two 
types of notifications are called ``on/off reports''), and the vessel 
operator must receive confirmation from NMFS that the VMS unit is 
functioning properly prior to leaving port. In the case of failure of 
the

[[Page 23968]]

VMS unit while at sea, the vessel operator would be required to contact 
NMFS and follow the instructions provided by NMFS, which could include, 
among other actions: submitting position reports at specified intervals 
by other means, ceasing fishing, stowing fishing gear, and/or returning 
to port; and repairing or replacing the VMS unit and ensuring it is 
operable before starting the next trip. To facilitate communication 
with management and enforcement authorities about the functioning of 
the VMS unit and other purposes, operators of vessels with WCPFC Area 
Endorsements would be required to carry on board and continuously 
monitor while at sea a two-way communication device capable of real-
time communication with NMFS in Honolulu. For the purpose of submitting 
position reports that might be required in the case of VMS unit 
failure, vessel operators must also carry on board a communication 
device capable of transmitting, while the vessel is on the high seas in 
the Convention Area, communications by telephone, facsimile, email, or 
radio to the WCPFC in Pohnpei, Micronesia.
    The vessel owner and operator would be responsible for all costs 
associated with the purchase, installation and maintenance of the VMS 
unit, and for all charges levied by the mobile communications service 
provider as necessary to ensure the transmission of automatic position 
reports to NMFS. However, if the VMS unit is being carried and operated 
in compliance with the requirements in 50 CFR part 300, 50 CFR part 
660, or 50 CFR part 665 relating to the installation, carrying, and 
operation of VMS units, the vessel owner and operator would not be 
responsible for costs that are the responsibility of NMFS under those 
regulations. In addition, the vessel owner and operator would not be 
responsible for the costs of transmitting the automatic position 
reports to the WCPFC.
    NMFS publishes separately type-approval lists of VMS units. The 
current type-approval lists can be obtained from NMFS, Office of Law 
Enforcement, 8484 Georgia Avenue, Suite 415, Silver Spring, MD 20910; 
by telephone at 888-210-9288; or by fax at 301-427-0049.
    The proposed rule is worded so as to avoid duplication with other 
VMS requirements, such as those established under the MSA and the SPTA. 
Compliance with the existing VMS requirements at 50 CFR part 300, 50 
CFR part 660, and 50 CFR part 665 would satisfy this new requirement, 
provided that the VMS unit is type-approved by NMFS specifically for 
fisheries governed under the Act, the VMS unit is operated continuously 
at all times while the vessel is at sea, the vessel owner and operator 
have authorized the WCPFC and NMFS to receive and relay transmissions 
from the VMS unit, and the proposed requirements in case of VMS unit 
failure are followed.

4. Vessel observer program

    When in the Convention Area, the operator of a vessel with a WCPFC 
Area Endorsement or a vessel used in areas under the jurisdiction of 
another Member of the WCPFC would be required to accept on board and 
accommodate observers deployed as part of the WCPFC ``Regional Observer 
Programme'' (WCPFC ROP). Such observers would include persons 
designated by the WCPFC Secretariat, by the United States or by other 
Members of the WCPFC. Persons would be designated as WCPFC observers by 
the United States or other WCPFC Members only if the national or sub-
regional observer program that deploys such observers has been 
authorized by the WCPFC to be a part of the WCPFC ROP. Once an observer 
program of NMFS is determined by the WCPFC to meet specified minimum 
standards and incorporated into the WCPFC ROP, relevant data collected 
in the NMFS program would be submitted to the WCPFC and maintained and 
used by the WCPFC as data in its larger WCPFC ROP.
    It is anticipated that the NMFS observer program operating out of 
Honolulu, Hawaii, and Pago Pago, American Samoa, will be among the 
first national observer programs to be authorized to be part of the 
WCPFC ROP (it has already received interim authorization until July 1, 
2012; full authorization would be granted subsequent to a successful 
audit of the program). Consequently, there would be little, if any, 
change in the placement of observers on vessels in the longline fleets 
based in Hawaii and American Samoa. The WCPFC Secretariat may place an 
occasional observer as part of an auditing process to ensure that 
national and sub-regional observer programs are operating up to WCPFC 
standards. It is also anticipated that U.S. purse seine vessels 
operating under the SPTA would continue to carry observers from the 
Pacific Islands Forum Fisheries Agency (FFA) observer program (a sub-
regional observer program). If the FFA is unable to provide observers 
to meet increased coverage levels mandated by the WCPFC, those vessels 
may make other arrangements to obtain WCPFC-approved observers.
    The responsibilities of vessel operators and crew members with 
respect to observers would include allowing and assisting observers to: 
embark and disembark at agreed times and places; have access to and use 
of all facilities and equipment on board that are necessary to conduct 
observer duties; remove samples; and carry out all duties safely. The 
vessel operator also would be responsible for providing observers, 
while on board the vessel, with food, accommodation and medical 
facilities of a reasonable standard equivalent to those normally 
available to an officer on board the vessel. In the case of longline 
vessels in the Hawaii and American Samoa fleets, however, costs 
incurred for providing subsistence for NMFS observers would be eligible 
for reimbursement, as currently provided at 50 CFR 665.28.

5. Vessel identification

    Vessels with WCPFC Area Endorsements would be required to be marked 
in accordance with the Convention's requirements, which are based on 
the FAO Standard Specifications for the Marking and Identification of 
Fishing Vessels. Specifically, if assigned an international radio call 
sign (IRCS), the port and starboard sides of a vessel's hull or 
superstructure, as well as a deck, would have to be marked with the 
IRCS; if not assigned an IRCS, it would have to be marked with its 
official number (i.e., USCG documentation number or state or tribal 
registration number), preceded by the characters ``USA'' and a hyphen. 
In both cases, the specified marking would be the only allowable 
marking on the hull or superstructure apart from the vessel's name and 
hailing port. The markings would have to be placed so that they are 
clear, distinct, uncovered, and unobstructed. Any boats, skiffs, or 
other watercraft that are carried on board the vessel also would have 
to be marked with the same identifier as the fishing vessel. For some 
affected vessels, this marking requirement would conflict with other 
existing vessel marking requirements, such as those at 50 CFR 300.14 
(under the HSFCA; applicable to vessels used for fishing on the high 
seas), 50 CFR 300.173 (under the legislation implementing the U.S.-
Canada Albacore Treaty; applicable to vessels used for fishing under 
that treaty), 50 CFR 660.704 (under the MSA; applicable to vessels in 
West Coast HMS fisheries), and 50 CFR 665.16 (under the MSA; applicable 
to vessels in western Pacific fisheries). Accordingly, the requirement 
at 50 CFR 300.14 would be

[[Page 23969]]

slightly modified in this proposed rule to make it consistent with this 
new requirement. The Pacific Fishery Management Council and the Western 
Pacific Fishery Management Council are evaluating whether there is a 
need to change the other three sets of regulations in order to remove 
potential conflicts with this proposed rule, if implemented. If the 
Councils recommend such changes, their recommendations would be subject 
to the approval of NMFS and would be implemented by NMFS through the 
rulemaking process.

6. Transshipment restrictions

    Offloading fish from or receiving fish from a purse seine vessel at 
sea in the Convention Area would be prohibited. Transshipping at sea is 
already regulated for U.S. purse seine vessels licensed under the SPTA.

7. Reporting and recordkeeping

    The owner or operator of any U.S. vessel used for commercial 
fishing for HMS anywhere in the Pacific Ocean would be required to 
maintain and submit to NMFS information on fishing effort and catch. 
The proposed rule would be worded so as to avoid duplication with other 
effort and catch reporting requirements, particularly those established 
under the MSA, the HSFCA, the Tuna Conventions Act of 1950 (16 U.S.C. 
951-961 et seq.), the SPTA, and the implementing legislation for the 
U.S.-Canada Albacore Treaty, as well as relevant State reporting 
requirements. Specifically, compliance with other existing reporting 
requirements would satisfy this new Act-mandated reporting requirement. 
The main effect of these proposed reporting requirements would be to 
collect fishing effort and catch information under the authority of the 
Act, which would enable NMFS to meet the reporting requirements of the 
WCPFC in accordance with the Convention and the decisions of the WCPFC. 
Confidentiality of information would be protected and handled by NOAA 
as required under U.S. laws, including the Act and the regulations 
proposed here (see element 10 below). Once the information is submitted 
by NOAA to the WCPFC, it would be handled in accordance with policies 
and procedures adopted by the WCPFC.

8. Compliance with the laws of other nations

    A vessel with a WCPFC Area Endorsement would be prohibited from 
being used for fishing in areas under the jurisdiction of another 
nation unless it holds any license, permit or authorization that may be 
required by such nation to do so. When a vessel with a WCPFC Area 
Endorsement operates in the Convention Area in areas under the 
jurisdiction of a Member of the WCPFC other than the United States, it 
would have to be operated in compliance with the laws of that Member.
    Additionally, the owner and operator of any U.S. fishing vessel 
used in the Convention Area in an area under the jurisdiction of 
another Member of the WCPFC, if used for fishing for, retaining on 
board or landing HMS, would be required to comply with the relevant 
laws of that Member, including any laws related to the use of VMS 
units.

9. Facilitation of enforcement and inspection

    The operator and crew of a vessel with a WCPFC Area Endorsement, 
when in the Convention Area, would be subject to the following 
requirements:
    <bullet> Carry on board any fishing authorizations issued by 
another nation or political entity, or copies thereof, and make them 
available to specified authorities, depending on the area of 
jurisdiction the vessel is in;
    <bullet> Continuously monitor the international safety and calling 
radio frequency (156.8 MHz; Channel 16, VHF-FM) and, if equipped to do 
so, the international distress and calling radio frequency (2.182 MHz);
    <bullet> Carry on board a copy of the International Code of 
Signals; and
    <bullet> When engaged in transshipment, allow and assist 
transshipment monitors authorized by the WCPFC (if on the high seas) or 
other Members of the WCPFC (if within their areas of jurisdiction) to 
inspect the vessel and gather information and samples.
    In addition, the operator of any U.S. fishing vessel that is used 
for commercial fishing for HMS, when present in the Convention Area in 
an area in which it is not authorized to fish (e.g., on the high seas 
without a valid WCPFC Area Endorsement or in an area under the 
jurisdiction of another nation without an authorization from that 
nation to fish in the area), would be required to stow all fishing gear 
and equipment so such materials are not readily available for fishing.
    Further, the operator of any U.S. fishing vessel (regardless of the 
species for which it is used to fish), when on the high seas in the 
Convention Area, would be required to accept and assist boarding and 
inspection by authorized inspectors of other Contracting Parties to the 
Convention and, if agreed to by the United States, authorized 
inspectors of fishing entities that have agreed to be bound by the 
regime established by the Convention, such as Chinese Taipei (Taiwan), 
provided that such boarding and inspection is undertaken in conformance 
with the WCPFC's adopted procedures.

10. Confidentiality of information

    As mandated by the Act, the proposed rule would include procedures 
designed to preserve the confidentiality of information submitted in 
compliance with the Act and its implementing regulations. In accordance 
with the Convention, the proposed procedures would allow for the 
disclosure of confidential information to the WCPFC. Once such 
information is held by the WCPFC, access to the information would be 
governed by the policies and procedures adopted by the WCPFC.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Western and Central Pacific Fisheries 
Convention Implementation Act and other applicable laws, subject to 
further consideration after public comment.

National Environmental Policy Act

    NMFS has prepared a draft EA that discusses the expected impacts 
that implementation of this proposed rule would have on the 
environment. A copy of the draft EA is available from NMFS and NMFS 
invites public comments on the draft EA (see ADDRESSES).

Executive Order 12866

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

Regulatory Flexibility Act

    An IRFA was prepared, as required by section 603 of the RFA. 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 analysis follows:
    There would be no disproportionate economic impacts between small 
and large entities operating vessels resulting from this rule. 
Furthermore, there would be no disproportionate economic impacts based 
on vessel size, gear, or homeport.
    The proposed rule would apply to owners and operators of U.S. 
vessels used for fishing in the Pacific Ocean. Most elements of the 
proposed rule would apply to smaller subsets of that

[[Page 23970]]

pool of vessels, as shown in Table 1. The numbering of the elements in 
Table 1 corresponds to the numbering used in the descriptions earlier 
in this section of the preamble. Table 1 also shows estimates of the 
numbers of vessels, broken down by vessel type where possible, to which 
each element of the proposed rule would apply. Based on (limited) 
financial information about the affected fishing fleets, NMFS believes 
that with the exception of most vessels in the purse seine and carrier 
and support vessel fleets, virtually all the affected vessels are owned 
by small business entities (i.e., they have gross annual receipts of no 
more than $4.0 million). In the purse seine fleet, NMFS believes that 
as many as 10 of the affected vessels are owned by small entities. In 
the carrier and support vessel fleet, NMFS believes that no vessels are 
owned by small entities. The estimated numbers of small entities that 
would be affected by each element of the proposed rule are shown in 
parentheses in the last column of Table 1.

     Table 1. Descriptions and numbers of vessels and small entities to which the proposed rule would apply
----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated number of vessels
              Element of proposed rule                  Description of vessels to      (and small entities) to
                                                        which element would apply     which element would apply
----------------------------------------------------------------------------------------------------------------
1. Authorization to fish                              Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
2a. Vessel information high seas                      Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
2b. Vessel information foreign jurisdictions          Vessels used for commercial   Longline, troll, support 20
                                                       fishing for HMS in foreign    (20)
                                                       jurisdictions in Convention  Purse seine 40 (10)
                                                       Area.                        Total 60 (30)
3. VMS                                                Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
4a. Vessel observer program high seas                 Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5(0)
                                                                                    Total 253 (218)
4b. Vessel observer program foreign jurisdictions     Vessels used for commercial   Longline, troll, support 20
                                                       fishing for HMS in areas      (20)
                                                       under jurisdiction of other  Purse seine 40 (10)
                                                       WCPFC members in Convention  Total 60 (30)
                                                       Area.
5. Vessel identification                              Vessels used for commercial   Longline 139 (139)
                                                       fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
6. Transshipment restrictions                         Purse seine vessels used for  Longline 0 (0)
                                                       fishing in Convention Area   Purse seine40 (10)
                                                       and vessels used to receive  Troll 0 (0)
                                                       fish in Convention Area.     Support 5 (0)
                                                                                    Total 45 (10)
7. Reporting and recordkeeping                        Vessels used for commercial   Total 5,000 (5,000)
                                                       fishing for HMS in Pacific
                                                       Ocean.
8a. Compliance with the laws of other nations high    Vessels used for commercial   Longline 139 (139)
 seas                                                  fishing for HMS on high      Purse seine 40 (10)
                                                       seas in Convention Area.     Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)
8b. Compliance with the laws of other nations         Vessels used for commercial   Longline, troll, support 20
 jurisdictions of other WCPFC members                  fishing for HMS in areas      (20)
                                                       under the jurisdiction of    Purse seine 40 (10)
                                                       other WCPFC members.         Total 60 (30)
9a. Facilitation of enforcement and inspection HMS    Vessels used for commercial   Longline 139 (139)
 fishing                                               fishing for HMS in the       Purse seine40 (10)
                                                       Convention Area on high      Troll 69 (69)
                                                       seas or in areas under the   Support 5 (0)
                                                       jurisdiction of other        Total 253 (218)
                                                       nations.
9b. Facilitation of enforcement and inspection--all   Fishing vessels used on high  Longline 139 (139)
 fishing                                               seas in Convention Area.     Purse seine 40 (10)
                                                                                    Troll 69 (69)
                                                                                    Support 5 (0)
                                                                                    Total 253 (218)

[[Page 23971]]

 
10. Confidentiality of information                    None........................  Longline 0 (0)
                                                                                    Purse seine 0 (0)
                                                                                    Troll 0 (0)
                                                                                    Support 0 (0)
                                                                                    Total 0 (0)
----------------------------------------------------------------------------------------------------------------

    The reporting, recordkeeping and other compliance requirements of 
this proposed rule are described earlier in the 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) Authorization to fish: This requirement would not impose any 
new reporting or recordkeeping requirements (within the meaning of the 
Paperwork Reduction Act, or PRA), but in order to obtain the 
authorization vessel owners/operators would have to pay a fee 
calculated to cover NMFS' administrative costs incurred to issue the 
authorization, projected to be about $25 per five-year period. 
Approximately 218 small business entities would be subject to the 
requirement. Obtaining the authorization would be accomplished through 
completion and submission of an application form, as described in 
element (2) on vessel information.
    (2) Vessel information: This requirement is part of a proposed 
collection of information subject to approval by the Office of 
Management and Budget (OMB) under the PRA. It would require a vessel 
owner or operator to complete one or both of two forms (one for vessels 
used on the high seas in the Convention Area and the other for vessels 
used in foreign jurisdictions in the Convention Area) designed to 
collect information about the subject vessel and its owner and 
operator. Approximately 218 small business entities would be subject to 
the high seas component of the requirement, and about 30 to the foreign 
jurisdictions component. A total of about 238 small business entities 
would be subject to one or the other component (i.e., about 10 would be 
subject to both). For an entity subject to both the high seas component 
and the foreign jurisdictions component, it is estimated that about 90 
minutes of labor and $1 in mailing costs would be required twice every 
five years. If the value of the required labor were $50 per hour, the 
annual cost of compliance would therefore be about $30 per affected 
entity. The labor requirements and associated costs would be slightly 
less for entities subject to just one or the other of the two 
components. Fulfillment of this requirement is not expected to require 
any professional skills that the vessel owners and operators do not 
already possess.
    (3) VMS: This requirement is part of a proposed collection of 
information subject to approval by the OMB under the PRA. It would 
apply to about 218 small business entities. Most of these entities, 
however, are subject to similar existing VMS requirements and would 
thus be already in compliance with most aspects of this requirement. It 
is estimated that about 73 of the estimated 218 affected small entities 
would have to purchase, install and activate a new VMS. The 73 include 
the business entities involved in the albacore longline fleet (69) and 
those operating longline vessels that are not based in either Hawaii or 
American Samoa (4). Compliance for each of these approximately 73 small 
entities would involve the following approximate annualized costs: 
$1,000 for the purchase and installation of VMS units (based on $4,000 
per unit and a lifespan of 4 years per unit), $250 for VMS unit 
maintenance, and $375 to $525 for VMS unit operation (i.e., the 
transmission of automatic vessel position reports to NMFS), for a total 
of about $1,625 to $1,775 per year. In addition, about 2.5 person-
minutes of labor for VMS unit activation reports, 25 person-minutes of 
labor for VMS unit on/off reports, 1 person-hour of labor for VMS unit 
purchase installation, and 1 person-hour of labor for VMS unit 
maintenance, on average, would be needed to comply.
    The compliance cost of obtaining, carrying on board, and monitoring 
the required communication devices is expected to be zero, as it is 
believed that all affected small entities already carry and monitor 
such devices. The 145 affected small entities that are already subject 
to VMS requirements would not bear any compliance costs as a result of 
these new requirements. Fulfillment of this requirement is not expected 
to require any professional skills that the vessel owners and operators 
do not already possess.
    (4) Vessel observer program: This requirement would not impose any 
new reporting or recordkeeping requirements (within the meaning of the 
PRA). Approximately 218 small business entities would be subject to the 
high seas component of the requirement, and about 30 to the foreign 
jurisdictions component. A total of about 238 small business entities 
would be subject to one or the other component (i.e., about 10 would be 
subject to both). Affected small entities would be responsible for the 
costs associated with providing WCPFC observers with food, 
accommodations, and medical facilities.
    Assuming that the observer programs administered by NMFS are 
authorized by the WCPFC to be part of the WCPFC ROP (again, the NMFS 
observer program has already received interim authorization valid until 
July 1, 2012), observers deployed by NMFS pursuant to regulations 
issued under other statutory authorities would be deemed to be WCPFC 
observers deployed in accordance with this new requirement. As such, 
vessel owners and operators would be subject to the costs and burdens 
associated with those other regulatory requirements. For example, in 
the case of longline vessels in the Hawaii and American Samoa fleets, 
costs incurred for providing subsistence for NMFS observers would be 
eligible for reimbursement, as currently provided at 50 CFR 665.28.
    The frequency of deployment of WCPFC observers would be determined 
by the WCPFC, so it is not possible to accurately predict how often a 
given business entity would be required to accommodate a WCPFC 
observer. For the purpose of this analysis, it is assumed that observer 
coverage rates will be equal to the current target observer coverage 
levels established by the WCPFC for its ROP, which is 5 percent for all 
fleets except purse seine fleets, as described further below.
    The recent coverage rates in the Hawaii and American Samoa fleets 
(at least 20 percent and about 10 percent, respectively) are in excess 
of the

[[Page 23972]]

WCPFC target coverage rate of 5 percent, so NMFS does not anticipate 
any substantial changes in the deployment rates to affected small 
entities in those fisheries, or any associated costs. Longline vessels 
not operating under Hawaii or American Samoa longline permits (e.g., 
vessels based in the Mariana Islands or on the U.S. west coast) are not 
currently subject to observer requirements, so entities that operate 
such vessels would bear new compliance costs, including the cost of 
providing food, accommodation, and medical facilities to observers 
(termed here ``observer accommodation costs''). These costs are 
expected to be about $20 per day (this is consistent with the amounts 
reimbursed by NMFS to owners of longline vessels for observer 
subsistence costs pursuant to 50 CFR 665.28(i)(1)). Assuming that an 
affected longline vessel spends 250 days at sea each year in the 
Convention Area on the high seas or in areas under foreign 
jurisdiction, its annual observer accommodation costs, at a 5 percent 
coverage rate, would be about $250.
    Recent observer coverage rates in the purse seine fleet are about 
20 percent. However, a recent WCPFC decision (in Conservation and 
Management Measure 2008-01) requires 100 percent coverage in 2010 and 
2011. For the purpose of this analysis, it is assumed that a 100 
percent coverage rate would be required indefinitely. Assuming, based 
on logbook data, that an affected purse seine vessel spends 330 days at 
sea each year, and, as described above for longline vessels, $20 per 
observed-sea-day in observer accommodation costs, annual observer 
accommodation costs at 100 percent coverage would be about $6,600 per 
vessel. Of these estimated costs, 80 percent, or $5,280 per vessel, 
would be ``new'' annual costs associated with this proposed 
requirement. Pursuant to the terms of the SPTT, entities in the purse 
seine fleet bear not only the costs of feeding and accommodating 
observers on board, but also certain costs imposed by the FFA for the 
operation of its observer program as it is applied to the U.S. purse 
seine fleet. Based on the budget for the FFA observer program for the 
2008-2009 SPTT licensing period, which is based on a 20 percent 
coverage rate, the annual cost per vessel is approximately $8,630. 
According to the budget, about 28 percent of those costs are fixed 
costs (as opposed to per-trip costs). It is not known how the fixed 
component of costs would change with an increase in coverage to 100 
percent. Assuming that fixed costs do not change at all, the annual 
cost per vessel at 100 percent coverage would be about $33,440. If, on 
the other hand, fixed costs increase in proportion to the level of 
observer coverage, the annual cost per vessel at 100 percent coverage 
would be about $43,150. Of these estimated per-vessel costs, 80 
percent, or $26,750 to $34,520, would be new annual costs associated 
with this proposed requirement. Together with observer accommodation 
costs ($5,280), the total per-vessel costs would be $32,000 to $39,800 
per purse seine vessel.
    Although the WCPFC target coverage rate for troll vessels is 5 
percent, the WCPFC has not established a firm implementation schedule 
for troll vessels, so 5 percent coverage is not expected to be sought 
or attained for at least a few years. Nevertheless, for the purpose of 
this analysis, estimated compliance costs are based on a 5-percent 
coverage rate. There are currently no observer requirements for the 
albacore troll fleet (but observers are occasionally taken on a 
voluntary basis), so small entities that operate albacore troll vessels 
could be subject to an increase in deployment rates from zero to 
approximately one per 20 trips in the Convention Area. Affected 
entities would be responsible for observer accommodation costs, which, 
as described above for longline vessels, are expected to be about $20 
per day. Assuming, based on logbook information, that an affected 
albacore troll vessel spends 170 to 350 days at sea each year on trips 
in the Convention Area on the high seas or in areas under foreign 
jurisdiction, annual observer accommodation costs would be $170 to 
$350.
    NMFS does not anticipate any small entities to operate support 
vessels, so no further analysis of observer-related costs for support 
vessels is provided here.
    Fulfillment of this requirement is not expected to require any 
professional skills that the vessel owners and operators do not already 
possess.
    (5) Vessel identification: This requirement is part of collections 
of information approved by the OMB under the PRA (OMB control numbers 
0648-0348, 0648-0360, 0648-0361, and 0648-0492). Approximately 218 
small business entities would be subject to the requirement. All of 
these entities, however, are already subject to similar vessel marking 
requirements. Because vessels and their markings are periodically 
repainted, the proposed rule would not impose any new continuing burden 
on any entity; it would change (for all affected entities except those 
associated with the purse seine vessels) only the specifications of the 
markings that are required. However, all the affected entities, with 
the exception of those associated with the purse seine vessels, would 
have to immediately change their vessel markings. The cost of doing so 
is approximately $250 per vessel, including labor and materials; these 
costs would be borne by each of the approximately 208 affected small 
entities. Fulfillment of this requirement is not expected to require 
any professional skills that the vessel owners and operators do not 
already possess.
    (6) Transshipment restrictions: This requirement would not impose 
any new reporting or recordkeeping requirements (within the meaning of 
the PRA). Approximately 10 small business entities would be subject to 
the requirement. Complying would require that owners and operators of 
purse seine vessels and receiving vessels refrain from engaging in 
transshipments from purse seine vessels at sea in the Convention Area. 
Purse seine vessels are already subject to substantial restrictions on 
at-sea transshipments under the SPTA, and purse seine vessels 
consequently do not, in practice, transship at sea. Accordingly, this 
requirement would impose essentially no compliance burden on affected 
entities. Fulfillment of this requirement is not expected to require 
any professional skills that the vessel owners and operators do not 
already possess.
    (7) Reporting and recordkeeping: This requirement is part of a 
collection of information approved by the OMB under the PRA (OMB 
control numbers 0648-0214, 0648-0218, 0648-0223, 0648-0349, 0648-0492, 
and 0648-0498). The number of affected small entities is roughly 
estimated at 5,000. However, all of the affected entities are subject 
to existing similar (Federal and/or State) recordkeeping and reporting 
requirements and would thus be in compliance with this requirement and 
would not bear any additional reporting or recordkeeping burden as a 
result of this proposed rule.
    (8) Compliance with the laws of other nations: This requirement 
would not impose any new reporting or recordkeeping requirements 
(within the meaning of the PRA). Approximately 218 small business 
entities would be subject to the high seas component of the 
requirement, and about 30 to the foreign jurisdictions component. A 
total of about 238 small business entities would be subject to one or 
the other component (i.e., about 10 would be subject to both). 
Fulfillment of this requirement is not expected to require any 
professional skills that the vessel

[[Page 23973]]

owners and operators do not already possess.
    (9) Facilitation of enforcement and inspection: This requirement 
would not impose any new reporting or recordkeeping requirements 
(within the meaning of the PRA). Approximately 218 small business 
entities would be subject to the requirement. Fulfillment of this 
requirement is not expected to require any professional skills that the 
vessel owners and operators and crew members do not already possess.
    (10) Confidentiality of information: This requirement would not 
impose any new reporting or recordkeeping requirements (within the 
meaning of the PRA), and it would not apply to any small entities (it 
would prescribe procedures for NOAA to follow in protecting and 
disseminating confidential information, including information submitted 
by owners and operators of fishing vessels and information collected by 
vessel observers).
    A number of Federal rules overlap or conflict with the proposed 
rule, as described below for each of the 10 elements of the proposed 
rule:
    (1) Authorization to fish: The existing requirement under the HSFCA 
to obtain a high seas fishing permit (50 CFR 300.13) overlaps with the 
proposed authorization requirement in that both require a NMFS-issued 
authorization in order to use a vessel for commercial fishing for HMS 
on the high seas in the Convention Area. The existing high seas permit 
requirement has a broader scope, applying to the use of a vessel for 
commercial fishing for any species on the high seas anywhere in the 
world. The proposed authorization (the WCPFC Area Endorsement) would be 
required in addition to the high seas fishing permit.
    (2) Vessel information: Some of the information that would be 
required from owners or operators of vessels used to fish commercially 
for HMS in the Convention Area on the high seas or in foreign 
jurisdictions overlaps with information collected under existing 
regulations. This includes information required for vessels using 
longline or troll fishing gear in the area of competence of the Inter-
American Tropical Tuna Commission (50 CFR 300.22) and information 
required to obtain the following fishing authorizations: high seas 
fishing permits (50 CFR 300.13), licenses issued under the SPTA (50 CFR 
300.32), permits for West Coast HMS fishing vessels (50 CFR 660.707), 
and permits for Western Pacific pelagic fishing vessels (50 CFR 
665.21).
    (3) VMS: The proposed requirement for owners and operators of 
vessels used for commercial fishing for HMS on the high seas in the 
Convention Area to install, activate and operate VMS units would be 
similar to existing VMS requirements at 50 CFR Part 300, 50 CFR Part 
660 and 50 CFR Part 665. However, the proposed requirement would be 
consistent with the aforementioned existing requirements, such that 
vessels operating in accordance with relevant elements of the 
applicable existing regulations would also be operating in accordance 
with the relevant elements of the new requirements (the proposed 
requirements also include elements that do not overlap with any 
existing requirements). Thus, there would be no duplication in the 
compliance burden.
    (4) Vessel observer program: The proposed requirement that 
operators of vessels used for commercial fishing for HMS in the 
Convention Area (either on the high seas or in areas under the 
jurisdiction of other WCPFC members) accept and accommodate observers 
deployed as part of the WCPFC ROP would overlap with existing 
requirements at 50 CFR 300.43 (South Pacific tuna fisheries) 50 CFR 
660.719 (West Coast HMS fisheries) and 50 CFR 665.28 (Western Pacific 
pelagic fisheries), which require that vessel owners and operators 
accept and accommodate observers under various authorities. In general, 
the new requirement would supplement the existing requirements. 
However, the WCPFC ROP will incorporate existing sub-regional and 
national observer programs that the WCPFC determines to meet certain 
standards. It is likely that the sub-regional program implemented under 
the South Pacific Tuna Treaty (in the case of 50 CFR 300.43) and the 
national programs implemented by NMFS (in the cases of 50 CFR 660.719 
and 50 CFR 665.28) will be incorporated into the WCPFC ROP. It is 
anticipated that once these programs are incorporated and the WCPFC 
relies on the information that is collected through them, the new 
requirement would not impose an additional compliance burden.
    (5) Vessel identification: The proposed vessel identification 
requirement would conflict in certain respects with existing 
requirements at 50 CFR 300.173, 50 CFR 660.704, and 50 CFR 665.16 for 
any vessel that is both subject to any of the latter three requirements 
and that is used to fish commercially for HMS on the high seas in the 
Convention Area. NMFS intends to modify the three sets of existing 
requirements to make them compatible with the proposed new requirement. 
The new requirement would be made effective only if and when the 
conflicts (for a given set of vessels) are removed.
    The proposed requirement overlaps with the existing vessel 
identification requirement under the HSFCA (50 CFR 300.14) in that both 
prescribe vessel marking requirements for vessels used for commercial 
fishing for HMS on the high seas in the Convention Area. The existing 
requirement under the HSFCA has a broader scope, applying to the use of 
a vessel for commercial fishing for any species on the high seas 
anywhere in the world.
    The proposed requirement would overlap with 50 CFR 300.35, which 
applies to purse seine vessels licensed under the SPTA and to the South 
Pacific Tuna Treaty Area.
    The proposed requirement under the Act conflicts in certain 
respects with 50 CFR 300.14 in its current form, but the proposed rule 
would modify 50 CFR 300.14 to make it compatible with the proposed 
requirement.
    (6) Transshipment restrictions: The proposed prohibition on 
transshipments that involve fish offloaded from purse seiners at sea in 
the Convention Area overlaps with the existing requirement under the 
SPTA (50 CFR 300.46), which prohibits purse seine vessels licensed 
under the SPTA from being used to transship at sea in the South Pacific 
Tuna Treaty Area except when done in accordance with such terms and 
conditions as may be agreed between the vessel operator and the State 
in whose jurisdiction the transshipment would take place.
    (7) Reporting and recordkeeping: The proposed requirement for 
owners and operators of vessels used for commercial fishing for HMS 
anywhere in the Pacific Ocean to maintain and submit to NMFS 
information about their fishing effort and catch would overlap with 
existing reporting requirements at 50 CFR 300.17 (high seas fisheries), 
50 CFR 300.22 (Pacific tuna fisheries), 50 CFR 300.174 (Canada albacore 
fisheries), 50 CFR 300.34 (South Pacific tuna fisheries), 50 CFR 
660.708 (West Coast HMS fisheries) and 50 CFR 665.14 (western Pacific 
pelagic fisheries). The proposed requirement would be satisfied by 
complying with the applicable existing requirements; thus, there would 
be no duplication in the reporting or compliance burden. The reason for 
the overlapping requirement is that the information must be collected 
under the authority of the Act in order for NMFS to be able to provide 
it to the WCPFC, as NMFS is obligated to do under the Convention.

[[Page 23974]]

    (8) Compliance with the laws of other nations: No duplicating, 
overlapping or conflicting Federal regulations have been identified.
    (9) Facilitation of enforcement and inspection: The proposed 
requirement for operators of vessels that are used for commercial 
fishing for HMS on the high seas in the Convention Area to continuously 
monitor the international safety and calling frequency (156.8 MHz; 
Channel 16, VHF-FM) and, if equipped to do so, the international 
distress and calling frequency (2.182 MHz) overlaps with 50 CFR 300.37, 
which requires operators of purse seine vessels licensed under the SPTA 
to continuously monitor both frequencies. The proposed requirement for 
operators of vessels that are used for commercial fishing for HMS on 
the high seas in the Convention Area to carry on board and make 
accessible a copy of the International Code of Signals overlaps with 50 
CFR 300.35, which requires operators of purse seine vessels licensed 
under the SPTA to do the same. The proposed requirement for operators 
of vessels that are used for commercial fishing for HMS on the high 
seas in the Convention Area to accept and accommodate the transshipment 
monitors authorized by other members of the WCPFC when conducting 
transshipments in areas under the jurisdiction of such members would 
overlap with 50 CFR 300.46, which applies to purse seine vessels 
licensed under the SPTA and to the South Pacific Tuna Treaty Area. The 
proposed requirement for operators of vessels that are used for 
commercial fishing for HMS in the Convention Area on the high seas or 
in areas under the jurisdiction of other nations, when in areas in 
which the vessel is not authorized to be used for fishing, to stow all 
fishing gear and equipment so as to not be readily available for 
fishing overlaps with 50 CFR 300.36, which requires operators of purse 
seine vessels licensed under the SPTA to do the same when in a Closed 
Area pursuant to the SPTA.
    (10) Confidentiality of information: The proposed procedures to 
preserve the confidentiality of information submitted in compliance 
with the Act would overlap with similar procedures established under 
the MSA (50 CFR Subpart E), the HSFCA (50 CFR 300.17(c)), and the 
Marine Mammal Protection Act (50 CFR 229.11) in that the different sets 
of procedures would in some cases apply to the same information. The 
proposed procedures differ in some respects from the other sets of 
procedures (particularly in that the proposed procedures would allow 
the disclosure of confidential information to the WCPFC), but they 
would not conflict with them.
    NMFS has identified alternatives that would accomplish the 
objectives of the Act and minimize any significant economic impact of 
the proposed rule on small entities. The alternative of taking no 
action at all was rejected because it would fail to accomplish the 
objectives of the Act. As a Contracting Party to the Convention, the 
United States is required to implement the provisions of the Convention 
and the decisions of the WCPFC. Consequently, NMFS has limited 
discretion as to how to implement those provisions and decisions. 
Nonetheless, NMFS has identified for four of the elements of the 
proposed rule several alternatives that would satisfy the Convention's 
provisions and thus fulfill the objectives of the Act.
    With respect to element (1), authorization to fish, one alternative 
would be to rely on the existing high seas fishing permit requirement 
under the HSFCA (that requirement applies to the high seas globally, 
not just the high seas in the Convention Area), rather than 
establishing an additional authorization requirement. Although this 
would be less costly to affected small entities than the proposed 
action, this alternative would fail to identify the pool of vessel 
owners and operators interested in fishing on the high seas in the 
Convention Area and subject to all the other Convention-related 
requirements. As a consequence, it would be difficult to conduct 
effective outreach and enforcement activities to achieve a high level 
of compliance with those requirements. A second alternative would be to 
create a new stand-alone permit (WCPFC Area Permit) that would be 
required for any vessel used for commercial fishing for HMS on the high 
seas in the Convention Area but which, unlike the proposed WCPFC Area 
Endorsement (which would be an endorsement on a high seas fishing 
permit), would not be related in any way to the high seas fishing 
permit. This would be slightly more costly to affected small entities 
than the WCPFC Area Endorsement.
    With respect to element (2), vessel information, one alternative 
would be to collect the needed information separately from any permit 
requirement; that is, as a stand-alone requirement for vessel owners to 
submit specified information to NMFS. The cost to affected small 
entities would be about the same as that of the proposed action, but 
because it would not be tied to obtaining a fishing authorization, 
compliance with this alternative would likely be poorer than for the 
proposed action. A second alternative would be to collect the needed 
information via the application for a WCPFC Area Permit. The cost to 
affected small entities under this alternative would be about the same 
as that of the proposed action.
    With respect to element (3), VMS, one alternative would be to 
require that VMS units be carried and operated on vessels used for 
commercial fishing for HMS on the high seas in the Convention Area, but 
only when the subject vessel is actually on the high seas in the 
Convention Area. This could be slightly less costly to affected small 
entities because they would be allowed to disable the VMS unit when not 
on the high seas in the Convention Area, but because vessel operators 
would be allowed to operate in many areas with their VMS units 
disabled, compliance with this alternative while on the high seas in 
the Convention Area would be lower than under the proposed action. A 
second alternative would be to require that VMS units be carried and 
operated on vessels used for commercial fishing for HMS during the 
entirety of any trip that includes the high seas in the Convention 
Area. Like the previous alternative, this could be slightly less costly 
to affected small entities than the proposed action, but for the same 
reasons cited for the previous alternative, compliance with this 
alternative would likely be poorer than for the proposed action. A 
third alternative would be to require that a VMS unit be carried and 
operated at all times on any vessel with a WCPFC Area Permit. The costs 
to affected small entities under this alternative would be slightly 
more than under the proposed action.
    With respect to the high seas boarding and inspection component of 
element (9), facilitation of enforcement and inspection, one 
alternative would be to require that only operators of vessels used to 
fish for HMS (rather than for any species, as being proposed) on the 
high seas in the Convention Area accept and facilitate boarding and 
inspection by authorized inspectors of other members of the WCPFC. The 
number of affected small entities would be smaller than under the 
proposed action. However, since the inspectors of other members of the 
WCPFC may not be able to readily distinguish U.S. vessels used for 
fishing for HMS (which the WCPFC's boarding and inspection regime is 
designed to target) from other U.S. fishing vessels, an effective 
boarding regime may require that U.S. fishing vessels in the latter 
category accept boarding from inspection vessels of other members of 
the WCPFC in order to verify the fishing vessel's status. By applying 
this

[[Page 23975]]

requirement to all U.S. fishing vessels, not just those used for 
fishing for HMS, non-HMS U.S. fishing vessels would be more prepared 
for the prospect of being boarded and inspected. As a consequence of 
such preparation, any boardings and inspections of non-HMS U.S. fishing 
vessels would be more likely to be completed quickly and without 
misunderstandings and conflict. NMFS believes that the proposed action 
would be safer and less costly to small entities than the alternative 
of applying the requirement only to operators of vessels used to fish 
for HMS.

Paperwork Reduction Act

    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the PRA. These requirements 
have been submitted to OMB for approval. The public reporting burden 
for the vessel information requirements is estimated to average 60 
minutes to complete an application for a WCPFC Area Endorsement and 90 
minutes to complete a Foreign EEZ Form. The public reporting burden for 
the VMS requirement is estimated to average 5 minutes per activation 
report, 5 minutes per on/off report, 4 hours per VMS unit installation, 
and 1 hour per year for VMS unit maintenance. These estimates include 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Public comment is sought regarding: whether these collection-of-
information requirements are necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; the accuracy of the burden estimates; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection-of-information 
requirements to William L. Robinson, Regional Administrator, NMFS PIRO 
(see ADDRESSES) and by e-mail to <a href="/cdn-cgi/l/email-protection#e6a287908f82b9b48995928d8394a6898b84c8838996c8818990"><span class="__cf_email__" data-cfemail="5014312639340f023f23243b3522103f3d327e353f207e373f26">[email protected]</span></a> 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.

List of Subjects in 50 CFR Part 300

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

    Dated: May 19, 2009
John Oliver,
Deputy Assistant Administrator For Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 300 is 
proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart B--High Seas Fisheries

    1. The authority citation for 50 CFR part 300, subpart B continues 
to read as follows:

    Authority: 16 U.S.C. 5501 et seq.
    2. In Sec.  300.14, paragraph (b)(2)(i) is revised to read as 
follows:


Sec.  300.14  Vessel identification.

* * * * *
    (b) * * *
    (2) * * *
    (i) A vessel must be marked with its IRCS if it has been assigned 
an IRCS. If an IRCS has not been assigned to the vessel, it must be 
marked (in order of priority) with its Federal, State, or other 
documentation number appearing on its high seas fishing permit and if a 
WCPFC Area Endorsement has been issued for the vessel under Sec.  
300.212, that documentation number must be preceded by the characters 
``USA'' and a hyphen (that is, ``USA-'').
* * * * *
    3. Subpart O, consisting of Sec. Sec.  300.210 through 200.222, is 
added to part 300 to read as follows:
Subpart O--Western and Central Pacific Fisheries for Highly Migratory 
Species
Sec.
300.210 Purpose and scope.
300.211 Definitions.
300.212 Vessel permit endorsements.
300.213 Vessel information.
300.214 Compliance with laws of other nations.
300.215 Observers.
300.216 Transshipment.
300.217 Vessel identification.
300.218 Reporting and recordkeeping requirements.
300.219 Vessel monitoring system.
300.220 Confidentiality of information.
300.221 Facilitation of enforcement and inspection.
300.222 Prohibitions.

    Authority: 16 U.S.C. 6901 et seq.

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species


Sec.  300.210  Purpose and scope.

    This subpart implements provisions of the Western and Central 
Pacific Fisheries Convention Implementation Act (Act) and applies to 
persons and vessels subject to the jurisdiction of the United States.


Sec.  300.211  Definitions.

    In addition to the terms defined in Sec.  300.2 and those in the 
Act and in the Convention on the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean, with 
Annexes (WCPF Convention), which was adopted at Honolulu, Hawaii, on 
September 5, 2000, by the Multilateral High-Level Conference on Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean, the 
terms used in this subpart have the following meanings.
    1982 Convention means the United Nations Convention on the Law of 
the Sea of 10 December 1982.
    Aggregate or summary form means information structured in such a 
way which does not directly or indirectly disclose the identity or 
business of any person who submits such information.
    Commercial, with respect to commercial fishing, means fishing in 
which the fish harvested, either in whole or in part, are intended to 
enter commerce through sale, barter or trade.
    Commission means the Commission for the Conservation and Management 
of Highly Migratory Fish Stocks in the Western and Central Pacific 
Ocean established in accordance with the WCPF Convention, including its 
employees and contractors.
    Confidential information means any observer information or any 
information submitted to the Secretary, a State fishery management 
agency, or a Marine Fisheries Commission by any person in compliance 
with any requirement or regulation under the Act or under the Magnuson-
Stevens Fishery Conservation and Management Act.
    Conservation and management measure means those conservation and 
management measures adopted by the Commission pursuant to Article 10 of 
the WCPF Convention.
    Convention Area means all waters of the Pacific Ocean bounded to 
the south and to the east by the following line: From the south coast 
of Australia due south along the 141st meridian of east longitude to 
its intersection with the 55th parallel of south latitude; thence due 
east along the 55th parallel of south latitude to its intersection with 
the

[[Page 23976]]

150th meridian of east longitude; thence due south along the 150th 
meridian of east longitude to its intersection with the 60th parallel 
of south latitude; thence due east along the 60th parallel of south 
latitude to its intersection with the 130th meridian of west longitude; 
thence due north along the 130th meridian of west longitude to its 
intersection with the 4th parallel of south latitude; thence due west 
along the 4th parallel of south latitude to its intersection with the 
150th meridian of west longitude; thence due north along the 150th 
meridian of west longitude.
    Fishing means using any vessel, vehicle, aircraft or hovercraft for 
any of the following activities, or attempting to do so:
    (1) Searching for, catching, taking, or harvesting fish;
    (2) Engaging in any other activity which can reasonably be expected 
to result in the locating, catching, taking, or harvesting of fish for 
any purpose;
    (3) Placing, searching for, or recovering fish aggregating devices 
or associated electronic equipment such as radio beacons;
    (4) Engaging in any operations at sea directly in support of, or in 
preparation for, any of the activities previously described in 
paragraphs (1) through (3) of this definition, including, but not 
limited to, bunkering;
    (5) Engaging in transshipment, either unloading or loading fish.
    Fishing vessel means any vessel used or intended for use for the 
purpose of fishing, including bunkering and other support vessels, 
carrier vessels and other vessels that unload or load fish in a 
transshipment, and any other vessel directly involved in fishing.
    High seas means the waters beyond the territorial sea or exclusive 
economic zone (or the equivalent) of any nation, to the extent that 
such territorial sea or exclusive economic zone (or the equivalent) is 
recognized by the United States.
    High seas fishing permit means a permit issued under Sec.  300.13.
    Highly migratory species (or HMS) means any of the following 
species:

------------------------------------------------------------------------
            Common name                        Scientific name
------------------------------------------------------------------------
Albacore                                            Thunnus alalunga
Pacific bluefin tuna                              Thunnus orientalis
Southern bluefin tuna                               Thunnus maccoyii
Bigeye tuna                                           Thunnus obesus
Skipjack tuna                                     Katsuwonus pelamis
Yellowfin tuna                                     Thunnus albacares
Little tuna                                        Euthynnus affinis
Frigate mackerel                         Auxis thazard; Auxis rochei
Pomfrets                                             Family Bramidae
Marlins                                  Tetrapturus angustirostris;
                                     Tetrapturus audax; Makaira mazara;
                                     Makaira indica; Makaira nigricans
Sail-fishes                                  Istiophorus platypterus
Swordfish                                            Xiphias gladius
Dolphinfish                          Coryphaena hippurus; Coryphaena
                                                           equiselis
Oceanic sharks                         Hexanchus griseus; Cetorhinus
                                          maximus; Family Alopiidae;
                                             Rhincodon typus; Family
                                     Carcharhinidae; Family Sphyrnidae;
                                                Family Isuridae (or Lamnidae)
------------------------------------------------------------------------

    Marine Fisheries Commission means the Atlantic States Marine 
Fisheries Commission, the Gulf States Marine Fisheries Commission, or 
the Pacific States Marine Fisheries Commission.
    Member of the Commission means any Contracting Party to the WCPF 
Convention, and, unless otherwise stated in context, any territory that 
has been authorized by an appropriate Contracting Party to participate 
in the Commission and its subsidiary bodies pursuant to Article 43 of 
the WCPF Convention and any fishing entity that has agreed to be bound 
by the regime established by the WCPF Convention pursuant to Annex I of 
the WCPF Convention.
    NOAA means the National Oceanic and Atmospheric Administration, 
Department of Commerce.
    Observer employer/observer provider means any person that provides 
observers to fishing vessels, shoreside processors, or stationary 
floating processors under a requirement of the Act or the Magnuson-
Stevens Conservation and Management Act.
    Observer information means any information collected, observed, 
retrieved, or created by an observer or electronic monitoring system 
pursuant to authorization by the Secretary, or collected as part of a 
cooperative research initiative, including fish harvest or processing 
observations, fish sampling or weighing data, vessel logbook data, 
vessel or processor-specific information (including any safety, 
location, or operating condition observations), and video, audio, 
photographic, or written documents.
    Pacific Islands Regional Administrator means the Regional 
Administrator, Pacific Islands Region, NMFS, or a designee (1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814).
    Person means any individual (whether or not a citizen or national 
of the United States), any corporation, partnership, association, or 
other entity (whether or not organized or existing under the laws of 
any State), and any Federal, State, local, or foreign government or any 
entity of any such government.
    Special Agent-In-Charge (or SAC) means the Special-Agent-In-Charge, 
NMFS Office of Law Enforcement, Pacific Islands Division, or a designee 
(1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814; tel: (808) 203-
2500; facsimile: (808) 203-2599; email: <a href="/cdn-cgi/l/email-protection#b4c4ddd0c2d9c7f4dadbd5d59ad3dbc2"><span class="__cf_email__" data-cfemail="b3c3dad7c5dec0f3dddcd2d29dd4dcc5">[email protected]</span></a>).
    State means each of the several States of the United States, the 
District of Columbia, the Commonwealth of the Northern Mariana Islands, 
American Samoa, Guam, and any other commonwealth, territory, or 
possession of the United States.
    Transshipment means the unloading of fish from one fishing vessel 
and its direct transfer to, and loading on, another fishing vessel, 
either at sea or in port.
    Vessel monitoring system (or VMS) means an automated, remote system 
that provides information about a vessel's identity, location and 
activity, for the purposes of routine monitoring, control, surveillance 
and enforcement of area and time restrictions and other fishery 
management measures.

[[Page 23977]]

    VMS unit, sometimes known as a ``mobile transmitting unit,'' means 
a transceiver or communications device, including all hardware and 
software, that is carried and operated on a vessel as part of a VMS.
    WCPFC Area Endorsement means the authorization issued by NMFS under 
Sec.  300.212, supplementary to a valid high seas fishing permit and 
expressed as an endorsement to such permit, for a fishing vessel used 
for commercial fishing for highly migratory species on the high seas in 
the Convention Area.
    WCPF Convention means the Convention on the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (including any annexes, amendments, or protocols that are 
in force, or have come into force, for the United States) that was 
adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral 
High-Level Conference on Highly Migratory Fish Stocks in the Western 
and Central Pacific Ocean.
    WCPFC inspection vessel means any vessel that is:
    (1) authorized by a member of the Commission to be used to 
undertake boarding and inspection fishing vessels on the high seas 
pursuant to, and in accordance with, Article 26 of the WCPF Convention 
and procedures established by the Commission pursuant thereto;
    (2) included in the Commission's register of authorized inspection 
vessels and authorities or inspectors, established by the Commission in 
procedures pursuant to Article 26 of the WCPF Convention; and
    (3) flying the WCPFC inspection flag established by the Commission.
    WCPFC inspector means a person that is authorized by a member of 
the Commission to undertake boarding and inspection of fishing vessels 
on the high seas pursuant to, and in accordance with, the boarding and 
inspection procedures adopted by the Commission under Article 26 of the 
WCPF Convention, and referred to therein as a ``duly authorized 
inspector'' or ``authorized inspector.''
    WCPFC observer means a person authorized by the Commission in 
accordance with any procedures established by the Commission to 
undertake vessel observer duties as part of the Commission's Regional 
Observer Programme, including an observer deployed as part of a NMFS-
administered observer program or as part of another national or sub-
regional observer program, provided that such program is authorized by 
the Commission to be part of the Commission's Regional Observer 
Programme.
    WCPFC transshipment monitor means, with respect to transshipments 
that take place on the high seas, a person authorized by the Commission 
to conduct transshipment monitoring on the high seas, and with respect 
to transshipments that take place in areas under the jurisdiction of a 
member of the Commission other than the United States, a person 
authorized by such member of the Commission to conduct transshipment 
monitoring.


Sec.  300.212  Vessel permit endorsements.

    (a) Any fishing vessel of the United States used for commercial 
fishing for HMS on the high seas in the Convention Area must have on 
board a valid high seas fishing permit, or a copy thereof, that has a 
valid WCPFC Area Endorsement, or a copy thereof.
    (b) Eligibility. Only a fishing vessel that has a valid high seas 
fishing permit is eligible to receive a WCPFC Area Endorsement.
    (c) Application. (1) A WCPFC Area Endorsement may be applied for at 
the same time the underlying high seas permit is applied for, or at any 
time thereafter.
    (2) The owner or operator of a high seas fishing vessel may apply 
for a WCPFC Area Endorsement by completing an application form, 
available from the Pacific Islands Regional Administrator, and 
submitting the complete and accurate application, signed by the 
applicant, to the Pacific Islands Regional Administrator, along with 
the required fees.
    (3) The application must be accompanied by a bow-to-stern side-view 
photograph of the vessel in its current form and appearance. The 
photograph must meet the specifications prescribed on the application 
form and clearly show that the vessel is marked in accordance with the 
vessel identification requirements of Sec.  300.217. A vessel 
photograph submitted as part of an application for a high seas fishing 
permit will be deemed to satisfy the requirement under this section, 
provided that it clearly shows that the vessel is marked in accordance 
with the vessel identification requirements of Sec.  300.217 and it 
meets the specifications prescribed on the WCPFC Area Endorsement 
application form.
    (d) Fees. NMFS will charge a fee to recover the administrative 
expenses of issuance of a WCPFC Area Endorsement. The amount of the fee 
will be determined in accordance with the procedures of the NOAA 
Finance Handbook, available from the Pacific Islands Regional 
Administrator, for determining administrative costs of each special 
product or service. The fee is specified in the application form. The 
appropriate fee must accompany each application. Failure to pay the fee 
will preclude issuance of the WCPFC Area Endorsement. Payment by a 
commercial instrument later determined to be insufficiently funded is 
grounds for invalidating the WCPFC Area Endorsement.
    (e) Issuance. (1) The Pacific Islands Regional Administrator will 
issue a WCPFC Area Endorsement within 30 days of receipt of a complete 
application that meets the requirements of this section and upon 
payment of the appropriate fee.
    (2) If an incomplete or improperly completed application is 
submitted, the Pacific Islands Regional Administrator will notify the 
applicant of such deficiency within 30 days of the date of receipt of 
the application. If the applicant fails to correct the deficiency and 
send a complete and accurate application to the Pacific Islands 
Regional Administrator within 30 days of the date of the notification 
of deficiency, the application will be considered withdrawn and no 
further action will be taken to process the application. Following 
withdrawal, the applicant may at any time submit a new application for 
consideration.
    (f) Validity. A WCPFC Area Endorsement issued under this subpart 
expires upon the expiration of the underlying high seas fishing permit, 
and shall be void whenever the underlying high seas fishing permit is 
void. Renewal of a WCPFC Area Endorsement prior to its expiration is 
the responsibility of the WCPFC Area Endorsement holder.
    (g) Change in application information. Any change in the required 
information provided in an approved or pending application for a WCPFC 
Area Endorsement must be reported by the vessel owner or operator to 
the Pacific Islands Regional Administrator in writing within 15 days of 
such change.
    (h) Transfer. A WCPFC Area Endorsement issued under this subpart is 
valid only for the vessel, owner, and high seas fishing permit to which 
it is issued and is not transferable or assignable to another high seas 
fishing permit or to another vessel.
    (i) Display. A valid WCPFC Area Endorsement, or a photocopy or 
facsimile copy thereof, issued under this subpart must be on board the 
vessel and available for inspection by any authorized officer while the 
vessel is at sea and must be available for inspection by any WCPFC 
inspector while the

[[Page 23978]]

vessel is on the high seas in the Convention Area.


Sec.  300.213  Vessel information.

    (a) The owner or operator of any fishing vessel of the United 
States that is used for fishing for HMS in the Convention Area in 
waters under the jurisdiction of any nation other than the United 
States must, prior to the commencement of such fishing, submit to the 
Pacific Islands Regional Administrator information about the vessel and 
its ownership and operation, and the authorized fishing activities, 
including copies of any permits, licenses, or authorizations issued for 
such activities, as specified on forms available from the Pacific 
Islands Regional Administrator. The owner or operator of such a fishing 
vessel must also submit to the Pacific Islands Regional Administrator a 
bow-to-stern side-view photograph of the vessel in its current form and 
appearance, and the photograph must meet the specifications prescribed 
on the application form. If any of the submitted information changes, 
the vessel owner or operator must report the updated information to the 
Pacific Islands Regional Administrator in writing within 15 days of the 
change.
    (b) If any of the information or the vessel photograph required 
under paragraph (a) of this section has been submitted for the subject 
vessel on an application for a high seas fishing permit or an 
application for a WCPFC Area Endorsement, then the requirements of 
paragraph (a) of this section will be deemed satisfied. However, in 
order to satisfy this requirement, the high seas fishing permit or 
WCPFC Area Endorsement must be valid, the information provided must be 
true, accurate and complete, and in the case of a vessel photograph, it 
must meet the specifications prescribed on the form used for the 
purpose of submitting the photograph under this section.


Sec.  300.214  Compliance with laws of other nations.

    (a) The owner and operator of a fishing vessel of the United States 
with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is 
required:
    (1) May not use the vessel for fishing, retaining fish on board, or 
landing fish in areas under the jurisdiction of a nation other than the 
United States unless any license, permit, or other authorization that 
may be required by such other nation for such activity has been issued 
with respect to the vessel.
    (2) Shall, when the vessel is in the Convention Area in areas under 
the jurisdiction of a member of the Commission other than the United 
States, operate the vessel in compliance with, and ensure its crew 
complies with, the applicable national laws of such member.
    (b) The owner and operator of a fishing vessel of the United States 
shall ensure that:
    (1) The vessel is not used for fishing for HMS, retaining HMS on 
board, or landing HMS in the Convention Area in areas under the 
jurisdiction of a nation other than the United States unless any 
license, permit, or other authorization that may be required by such 
other nation for such activity has been issued with respect to the 
vessel.
    (2) If the vessel is used for commercial fishing for HMS, including 
transshipment of HMS, in the Convention Area in areas under the 
jurisdiction of a member of the Commission other than the United 
States, the vessel is operated in compliance with, and the vessel crew 
complies with, the applicable laws of such member, including any laws 
related to carrying vessel observers or the operation of VMS units.
    (c) For the purpose of this section, the meaning of transshipment 
does not include transfers that exclusively involve fish that have been 
previously landed and processed.


Sec.  300.215  Observers.

    (a) Applicability. This section applies to any fishing vessel of 
the United States with a WCPFC Area Endorsement or for which a WCPFC 
Area Endorsement is required.
    (b) Notifications. [Reserved]
    (c) Accommodating observers. All fishing vessels subject to this 
section must carry a WCPFC observer when directed to do so by NMFS. The 
operator and each member of the crew of the fishing vessel shall act in 
accordance with this paragraph with respect to any WCPFC observer.
    (1) The operator and crew shall allow and assist WCPFC observers 
to:
    (i) Embark at a place and time determined by NMFS or otherwise 
agreed to by NMFS and the vessel operator;
    (ii) Have access to and use of all facilities and equipment on 
board as necessary to conduct observer duties, including, but not 
limited to: full access to the bridge, the fish on board, and areas 
which may be used to hold, process, weigh and store fish; full access 
to the vessel's records, including its logs and documentation, for the 
purpose of inspection and copying; access to, and use of, navigational 
equipment, charts and radios; and access to other information relating 
to fishing;
    (iii) Remove samples;
    (iv) Disembark at a place and time determined by NMFS or otherwise 
agreed to by NMFS and the vessel operator; and
    (v) Carry out all duties safely.
    (2) The operator shall provide the WCPFC observer, while on board 
the vessel, with food, accommodation and medical facilities of a 
reasonable standard equivalent to those normally available to an 
officer on board the vessel, at no expense to the WCPFC observer.
    (3) The operator and crew shall not assault, obstruct, resist, 
delay, refuse boarding to, intimidate, harass or interfere with WCPFC 
observers in the performance of their duties, or attempt to do any of 
the same.(d) Related observer requirements. Observers deployed by NMFS 
pursuant to regulations issued under other statutory authorities on 
vessels used for commercial fishing for HMS in the Convention Area will 
be deemed by NMFS to have been deployed pursuant to this section.


Sec.  300.216  Transshipment.

    (a) Transshipment monitoring. [Reserved]
    (b) Transshipment restrictions. Fish may not be transshipped from a 
purse seine vessel at sea in the Convention Area, and a fishing vessel 
may not be used to receive a transshipment of fish from a purse seine 
vessel at sea in the Convention Area.


Sec.  300.217  Vessel identification.

    (a) General. (1) A fishing vessel must be marked in accordance with 
the requirements of this section in order for a WCPFC Area Endorsement 
to be issued for the fishing vessel.
    (2) Any fishing vessel of the United States with a WCPFC Area 
Endorsement or for which a WCPFC Area Endorsement is required shall be 
marked for identification purposes in accordance with this section, and 
all parts of such markings shall be clear, distinct, uncovered, and 
unobstructed.
    (3) Any boat, skiff, or other watercraft carried on board the 
fishing vessel shall be marked with the same identification markings as 
required under this section for the fishing vessel and shall be marked 
in accordance with this section.
    (b) Marking. (1) Vessels shall be marked in accordance with the 
identification requirements of Sec.  300.14(b)(2), and if an IRCS has 
not been assigned to the vessel, then the Federal, State, or other 
documentation

[[Page 23979]]

number used in lieu of the IRCS must be preceded by the characters 
``USA'' and a hyphen (that is, ``USA-'').
    (2) With the exception of the vessel's name and hailing port, the 
marking required in this section shall be the only vessel 
identification mark consisting of letters and numbers to be displayed 
on the hull and superstructure.


Sec.  300.218  Reporting and recordkeeping requirements.

    (a) Fishing reports--(1) General. The owner or operator of any 
fishing vessel used for commercial fishing for HMS in the Pacific Ocean 
must maintain and report to NMFS catch and effort and other operational 
information for all such fishing activities. The reports must include 
at a minimum: identification information for the vessel; description of 
fishing gear used; dates, times and locations of fishing; and species 
and amounts of fish retained and discarded.
    (2) Reporting options. Vessel owners and operators shall be deemed 
to meet the recordkeeping and reporting requirements of paragraph 
(a)(1) of this section by satisfying all applicable catch and effort 
reporting requirements as listed below:
    (i) Western Pacific pelagic fisheries. Fishing activities subject 
to the reporting requirements of Sec.  665.14(a) of this title must be 
maintained and reported in the manner specified in that section.
    (ii) West Coast HMS fisheries. Fishing activities subject to the 
reporting requirements of Sec.  660.708(a) of this title must be 
maintained and reported in the manner specified in that section.
    (iii) Pacific tuna fisheries. Fishing activities subject to the 
reporting requirements of Sec.  300.22 must be maintained and reported 
in the manner specified in that section.
    (iv) South Pacific tuna fisheries. Fishing activities subject to 
the reporting requirements of Sec.  300.34(c)(1) must be maintained and 
reported in the manner specified in that section.
    (v) High seas fisheries. Fishing activities subject to the 
reporting requirements of Sec.  300.17(a) must be maintained and 
reported in the manner specified in Sec.  300.17(a) and (b).
    (vi) Canada albacore fisheries. Fishing activities subject to the 
reporting requirements of Sec.  300.174 must be maintained and reported 
in the manner specified in that section.
    (vii) State-regulated fisheries. Catch and effort information for 
fishing activities for which reporting of effort, catch, and/or 
landings is required under State law must be maintained and reported in 
the manner specified under such State law.
    (viii) Other fisheries. All other fishing activities subject to the 
requirement of paragraph (a)(1) of this section must be recorded on 
paper or electronic forms specified or provided by the Pacific Islands 
Regional Administrator. Such forms will specify the information 
required, which may include: identification information for the vessel; 
description of fishing gear used; dates, times and locations of 
fishing; and species and amounts of fish retained and discarded. All 
information specified by the Pacific Islands Regional Administrator on 
such forms must be recorded on paper or electronically within 24 hours 
of the completion of each fishing day. The information recorded must, 
for each fishing day, include a dated signature of the vessel operator 
or other type of authentication as specified by the Pacific Islands 
Regional Administrator. The vessel operator must, unless otherwise 
specified by the Pacific Islands Regional Administrator, submit the 
information for each fishing day to the Pacific Islands Regional 
Administrator within 72 hours of the first landing or port call after 
the fishing day, and must submit the information in the manner 
specified by the Pacific Islands Regional Administrator.
    (3) Exceptions. (i) Catch and effort information for fishing 
activities that take place in waters under State jurisdiction must be 
maintained and reported only in cases where the reporting of such 
activity is required under State law or under Federal regulations at 
Sec. Sec.  300.22 and 300.34, and Sec. Sec.  660.708 and 665.14 of this 
title.
    (ii) Catch and effort information for fishing activities that take 
place in waters under Federal jurisdiction around American Samoa, Guam 
and the Northern Mariana Islands need not be reported under this 
section unless reporting of such activity is required under regulations 
in chapter VI of this title.
    (b) Transshipment reports. [Reserved]


Sec.  300.219  Vessel monitoring system.

    (a) SAC contact information and business hours. The contact 
information for the SAC for the purpose of this section is: 1601 
Kapiolani Blvd., Suite 950, Honolulu, HI 96814; telephone: (808) 203-
2500; facsimile: (808) 203-2599; email: <a href="/cdn-cgi/l/email-protection#6f1f060b19021c2f01000e0e41080019"><span class="__cf_email__" data-cfemail="27574e43514a54674948464609404851">[email protected]</span></a>. The business 
hours of the SAC for the purpose of this section are: Monday through 
Friday, except Federal holidays, 8 a.m. to 4:30 p.m.
    (b) Applicability. This section applies to any fishing vessel of 
the United States with a WCPFC Area Endorsement or for which a WCPFC 
Area Endorsement is required.
    (c) Provision of vessel position information--(1) VMS unit 
installation. The vessel owner and operator shall obtain and have 
installed on the fishing vessel, in accordance with instructions 
provided by NMFS and the VMS unit manufacturer, a VMS unit that is 
type-approved by NMFS for fisheries governed under the Act. The vessel 
owner and operator shall authorize the Commission and NMFS to receive 
and relay transmissions from the VMS unit. The vessel owner and 
operator shall arrange for a NMFS-approved mobile communications 
service provider to receive and relay transmissions from the VMS unit 
to NMFS. NMFS makes available lists of type-approved VMS units and 
approved mobile communications service providers.
    (2) VMS unit activation. If the VMS unit has not yet been activated 
as described in this paragraph, or if the VMS unit has been newly 
installed or reinstalled, or if the mobile communications service 
provider has changed since the previous activation, or if directed by 
NMFS, the vessel owner and operator shall, prior to the vessel leaving 
port:
    (i) Turn on the VMS unit to make it operational;
    (ii) Submit a written activation report, via mail, facsimile or 
email, to the SAC that includes: the vessel's name; the vessel's 
official number; the VMS unit manufacturer and identification number; 
and telephone, facsimile or email contact information for the vessel 
owner or operator; and
    (iii) Receive verbal or written confirmation from NMFS that proper 
transmissions are being received from the VMS unit.
    (3) VMS unit operation. The vessel owner and operator shall 
continuously operate the VMS unit at all times, except that the VMS 
unit may be shut down while the vessel is at port or otherwise not at 
sea, provided that the owner and operator:
    (i) Prior to shutting down the VMS unit, report to the SAC, via 
facsimile or email, the following information: the intent to shut down 
the VMS unit, the vessel's name; the vessel's official number; and 
telephone, facsimile or email contact information for the vessel owner 
or operator; and
    (ii) When turning the VMS unit back on, report to the SAC, via 
mail, facsimile or email, the following information: that the VMS unit 
has been turned on, the vessel's name; the vessel's official number; 
and telephone, facsimile or email contact information for the vessel 
owner or operator; and

[[Page 23980]]

    (iii) Prior to leaving port, receive verbal or written confirmation 
from NMFS that proper transmissions are being received from the VMS 
unit.
    (4) Failure of VMS unit. If the vessel owner or operator becomes 
aware that the VMS unit has become inoperable or that transmission of 
automatic position reports from the VMS unit has been interrupted, or 
if notified by NMFS or the USCG that automatic position reports are not 
being received from the VMS unit or that an inspection of the VMS unit 
has revealed a problem with the performance of the VMS unit, the vessel 
owner and operator shall comply with the following requirements:
    (i) If the vessel is at port: The vessel owner or operator shall 
repair or replace the VMS unit and ensure it is operable before the 
vessel leaves port.
    (ii) If the vessel is at sea: The vessel owner, operator, or 
designee shall contact the SAC by telephone, facsimile, or email at the 
earliest opportunity during the SAC's business hours and identify the 
caller and vessel. The vessel operator shall follow the instructions 
provided by the SAC, which could include, but are not limited to: 
ceasing fishing, stowing fishing gear, returning to port, and/or 
submitting periodic position reports at specified intervals by other 
means; and, repair or replace the VMS unit and ensure it is operable 
before starting the next trip.
    (5) Related VMS requirements. Installing, carrying and operating a 
VMS unit in compliance with the requirements in part 300 of this title, 
part 660 of this title, or part 665 of this title relating to the 
installation, carrying, and operation of VMS units shall be deemed to 
satisfy the requirements of paragraph (c) of this section, provided 
that the VMS unit is operated continuously and at all times while the 
vessel is at sea, the VMS unit is type-approved by NMFS for fisheries 
governed under the Act, the owner and operator have authorized the 
Commission and NMFS to receive and relay transmissions from the VMS 
unit, and the specific requirements of paragraph (c)(4) of this section 
are complied with. If the VMS unit is owned by NMFS, the requirement 
under paragraph (c)(4) of this section to repair or replace the VMS 
unit will be the responsibility of NMFS, but the vessel owner and 
operator shall be responsible for ensuring that the VMS unit is 
operable before leaving port or starting the next trip.
    (d) Costs. The vessel owner and operator shall be responsible for 
all costs associated with the purchase, installation and maintenance of 
the VMS unit, and for all charges levied by the mobile communications 
service provider as necessary to ensure the transmission of automatic 
position reports to NMFS as required in paragraph (c) of this section. 
However, if the VMS unit is being carried and operated in compliance 
with the requirements in part 300 of this title, part 660 of this 
title, or part 665 of this title relating to the installation, 
carrying, and operation of VMS units, the vessel owner and operator 
shall not be responsible for costs that are the responsibility of NMFS 
under those regulations.
    (e) Tampering. The vessel owner and operator shall ensure that the 
VMS unit is not tampered with, disabled, destroyed, damaged or operated 
improperly, and that its operation is not impeded or interfered with.
    (f) Inspection. The vessel owner and operator shall make the VMS 
unit, including its antenna, connectors and antenna cable, available 
for inspection by authorized officers, by employees of the Commission, 
by persons appointed by the Executive Director of the Commission for 
this purpose, and, when the vessel is on the high seas in the 
Convention Area, by WCPFC inspectors.
    (g) Access to data. The vessel owner and operator shall make the 
vessel's position data obtained from the VMS unit or other means 
immediately and always available for inspection by NOAA personnel, USCG 
personnel, and authorized officers, and shall make the vessel's 
position data for positions on the high seas in the Convention Area 
immediately and always available to WCPFC inspectors and the 
Commission.
    (h) Communication devices. (1) To facilitate communication with 
management and enforcement authorities regarding the functioning of the 
VMS unit and other purposes, the vessel operator shall, while the 
vessel is at sea, carry on board and continuously monitor a two-way 
communication device that is capable of real-time communication with 
the SAC. The VMS unit used to fulfill the requirements of paragraph (c) 
of this section may not be used to satisfy this requirement. If the 
device is anything other than a radio, the contact number for the 
device must be provided to the Pacific Islands Regional Administrator 
on the application form for the WCPFC Area Endorsement in accordance 
with the requirements of Sec.  300.212.
    (2) For the purpose of submitting the position reports that might 
be required in cases of VMS unit failure under paragraph (c)(4)(ii) of 
this section, the vessel operator shall, while the vessel is at sea, 
carry on board a communication device capable of transmitting, while 
the vessel is on the high seas in the Convention Area, communications 
by telephone, facsimile, email, or radio to the Commission, in Pohnpei, 
Micronesia. The VMS unit used to fulfill the requirements of paragraph 
(c) of this section may not be used to satisfy this requirement. The 
same communication device may be able to satisfy the requirements of 
both this paragraph and paragraph (h)(1) of this section.


Sec.  300.220  Confidentiality of information.

    (a) Types of information covered. NOAA is authorized under the Act 
and other statutes to collect and maintain information. This section 
applies to confidential information collected under authority of the 
Act.
    (b) Collection and maintenance of information--(1) General.(i) Any 
information required to be submitted to the Secretary, a State fishery 
management agency, or a Marine Fisheries Commission under the Act shall 
be provided to the Assistant Administrator.
    (ii) Any observer information collected under the Act shall be 
provided to the Assistant Administrator.
    (iii) Appropriate safeguards as specified by NOAA Administrative 
Order (NAO) 216-100 or other NOAA/NMFS internal procedures, apply to 
the collection and maintenance of any information collected pursuant to 
paragraphs (b)(1) or (b)(2) of this section, whether separated from 
identifying particulars or not, so as to ensure their confidentiality. 
Information submitted to the Secretary in compliance with this subpart 
shall not be disclosed except as authorized herein or by other law or 
regulation.
    (2) Collection agreements with States or Marine Fisheries 
Commissions--(i) The Assistant Administrator may enter into an 
agreement with a State or a Marine Fisheries Commission authorizing the 
State or Marine Fisheries Commission to collect information on behalf 
of the Secretary.
    (ii) To enter into a cooperative collection agreement with a State 
or a Marine Fisheries Commission, NMFS must ensure that:
    (A) The State has authority to protect the information from 
disclosure in a manner at least as protective as these regulations.
    (B) The Marine Fisheries Commission has enacted policies and 
procedures to protect the information from public disclosure.
    (3) Collection services by observer employer / observer provider. 
The Assistant Administrator shall make the following determinations 
before issuing a permit or letting a contract or grant to

[[Page 23981]]

an organization that provides observer services:
    (i) That the observer employer / observer provider has enacted 
policies and procedures to protect the information from public 
disclosure;
    (ii) That the observer employer / observer provider has entered 
into an agreement with the Assistant Administrator that prohibits 
public disclosure and specifies penalties for such disclosure; and
    (iii) That the observer employer / observer provider requires each 
observer to sign an agreement with NOAA/NMFS that prohibits public 
disclosure of observer information and specifies penalties for such 
disclosure.
    (c) Access to information--(1) General. This section establishes 
procedures intended to manage, preserve, and protect the 
confidentiality of information submitted in compliance with the Act and 
its implementing regulations. This section applies to those persons and 
organizations deemed eligible to access confidential information 
subject to the terms and conditions described in this section and the 
Act. All other persons requesting access to confidential information 
should follow the procedures set forth in the Freedom of Information 
Act, 5 U.S.C. 552, 15 CFR parts 15 and 903, NAO 205-14, and Department 
of Commerce Administrative Orders 205-12 and 205-14, as applicable. 
Persons eligible to access confidential information under this section 
shall submit to NMFS a written request with the following information:
    (i) The specific types of information requested;
    (ii) The relevance of the information to requirements of the Act;
    (iii) The duration of time that access will be required: 
continuous, infrequent, or one-time; and
    (iv) An explanation of why the availability of information in 
aggregate or summary form from other sources would not satisfy the 
requested needs.
    (2) Federal employees. Confidential information will only be 
accessible to the following:
    (i) Federal employees who are responsible for administering, 
implementing, or enforcing the Act. Such persons are exempt from the 
provisions of paragraph (c)(1) of this section.
    (ii) NMFS employees responsible for the collection, processing, and 
storage of the information or performing research that requires access 
to confidential information. Such persons are exempt from the 
provisions of paragraph (c)(1) of this section.
    (iii) Other NOAA employees on a demonstrable need-to-know basis.
    (iv) Persons that need access to confidential information to 
perform functions authorized under a Federal contract, cooperative 
agreement, or grant awarded by NOAA/NMFS.
    (3) Commission. (i) Confidential information will be subject to 
disclosure to the Commission, but only if:
    (A) The information is required to be submitted to the Commission 
under the requirements of the WCPF Convention or the decisions of the 
Commission;
    (B) The provision of such information is in accord with the 
requirements of the Act, the WCPF Convention, and the decisions of the 
Commission, including any procedures, policies, or practices adopted by 
the Commission relating to the receipt, maintenance, protection or 
dissemination of information by the Commission; and
    (C) The provision of such information is in accord with any 
agreement between the United States and the Commission that includes 
provisions to prevent public disclosure of the identity or business of 
any person.
    (ii) The provisions of paragraph (c)(1) of this section do not 
apply to the release of confidential information to the Commission.
    (4) State employees. Confidential information may be made 
accessible to a State employee only by written request and only upon 
the determination by NMFS that at least one of the following conditions 
is met:
    (i) The employee has a need for confidential information to further 
the Department of Commerce's mission, and the State has entered into a 
written agreement between the Assistant Administrator and the head of 
the State's agency that manages marine and/or anadromous fisheries. The 
agreement shall contain a finding by the Assistant Administrator that 
the State has confidentiality protection authority comparable to the 
Act and that the State will exercise this authority to prohibit public 
disclosure of the identity or business of any person.
    (ii) The employee enforces the Act or fishery management plans 
prepared under the authority of the Magnuson-Stevens Conservation and 
Management Act, and the State for which the employee works has entered 
into a fishery enforcement agreement with the Secretary and the 
agreement is in effect.
    (5) Marine Fisheries Commission employees. Confidential information 
may be made accessible to Marine Fisheries Commission employees only 
upon written request of the Marine Fisheries Commission and only if the 
request demonstrates a need for confidential information to further the 
Department of Commerce's mission, and the executive director of the 
Marine Fisheries Commission has entered into a written agreement with 
the Assistant Administrator. The agreement shall contain a finding by 
the Assistant Administrator that the Marine Fisheries Commission has 
confidentiality protection policies and procedures to protect from 
public disclosure information that would reveal the identity or 
business of any person.
    (6) Homeland and national security activities. Confidential 
information may be made accessible to Federal employees for purposes of 
promoting homeland security or national security at the request of 
another Federal agency only if:
    (i) Providing the information promotes homeland security or 
national security purposes including the USCG's homeland security 
missions as defined in section 888(a)(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 468(a)(2)); and
    (ii) The requesting agency has entered into a written agreement 
with the Assistant Administrator. The agreement shall contain a finding 
by the Assistant Administrator that the requesting agency has 
confidentiality policies and procedures to protect the information from 
public disclosure.
    (7) Observer and observer employer / observer provider. 
Confidential information used for purposes other than those contained 
in this subpart or in part 600 of this title may only be used by 
observers and observer employers / observer providers in order:
    (i) To adjudicate observer certifications;
    (ii) To allow the sharing of observer information among the 
observers and between observers and observer employers / observer 
providers as necessary to train and prepare observers for deployments 
on specific vessels; or
    (iii) To validate the accuracy of the observer information 
collected.
    (8) Persons having access to confidential information may be 
subject to criminal and civil penalties for unauthorized use or 
disclosure of confidential information. See 18 U.S.C. 1905, 16 U.S.C. 
1857, and NOAA/NMFS internal procedures, including NAO 216-100.
    (d) Control system. (1) The Assistant Administrator maintains a 
control system to protect the identity or business of any person who 
submits information in compliance with any requirement or regulation 
under the Act. The control system:
    (i) Identifies those persons who have access to the information;

[[Page 23982]]

    (ii) Contains procedures to limit access to confidential 
information to authorized users; and
    (iii) Provides handling and physical storage protocols for 
safeguarding of the information.
    (2) This system requires that all persons who have authorized 
access to the information be informed of the confidentiality of the 
information. These persons, with the exception of employees and 
contractors of the Commission, are required to sign a statement that 
they:
    (i) Have been informed that the information is confidential; and
    (ii) Have reviewed and are familiar with the procedures to protect 
confidential information.
    (e) Release of information. (1) The Assistant Administrator will 
not disclose to the public any confidential information, except:
    (i) When the Secretary has obtained from the person who submitted 
the information an authorization to release the information to persons 
for reasons not otherwise provided for in this subpart. In situations 
where a person provides information through a second party, both 
parties are considered joint submitters of information and either party 
may request a release. The authorization to release such information 
will require:
    (A) A written statement from the person(s) who submitted the 
information authorizing the release of the submitted information; and
    (B) A finding by the Secretary that such release does not violate 
other requirements of the Act or other applicable laws.
    (ii) Observer information as authorized by a fishery management 
plan (prepared under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act) or regulations under the authority of 
the North Pacific Council to allow disclosure of observer information 
to the public of weekly summary bycatch information identified by 
vessel or for haul-specific bycatch information without vessel 
identification.
    (iii) When such information is required to be submitted for any 
determination under a limited access program.
    (iv) When required by a court order.
    (2) All requests from the public for confidential information will 
be processed in accordance with the requirements of 5 U.S.C. 552a, 15 
CFR parts 4 and 903, NAO 205-14, and Department of Commerce 
Administrative Orders DAO 205-12 and DAO 205-14. Nothing in this 
section is intended to confer any right, claim, or entitlement to 
obtain access to confidential information not already established by 
law.
    (3) NMFS does not release or allow access to confidential 
information in its possession to members of advisory groups of the 
Regional Fishery Management Councils established under the Magnuson-
Stevens Fishery Conservation and Management Act, except as provided by 
law.


Sec.  300.221  Facilitation of enforcement and inspection.

    In addition to the facilitation of enforcement provisions of Sec.  
300.5, the following requirements apply to this subpart.
    (a) A fishing vessel of the United States with a WCPFC Area 
Endorsement or for which a WCPFC Area Endorsement is required, 
including the vessel's operator and each member of the vessel's crew 
shall, when in the Convention Area, be subject to the following 
requirements:
    (1) The Federal Certificate of Documentation or State or other 
documentation for the vessel, or a copy thereof, shall be carried on 
board the vessel. Any license, permit or other authorization to use the 
vessel to fish, retain fish, transship fish, or land fish issued by a 
nation or political entity other than the United States, or a copy 
thereof, shall be carried on board the vessel. These documents shall be 
made available for inspection by any authorized officer. If the vessel 
is on the high seas, the above-mentioned licenses, permits, and 
authorizations shall also be made available for inspection by any WCPFC 
inspector. If the vessel is in an area under the jurisdiction of a 
member of the Commission other than the United States, they shall be 
made available for inspection by any authorized enforcement official of 
that member.
    (2) For the purpose of facilitating communication with the 
fisheries management, surveillance and enforcement authorities of the 
members of the Commission, the operator shall ensure the continuous 
monitoring of the international safety and calling radio frequency 
156.8 MHz (Channel 16, VHF-FM) and, if the vessel is equipped to do so, 
the international distress and calling radio frequency 2.182 MHz (HF).
    (3) The operator shall ensure that an up-to-date copy of the 
International Code of Signals (INTERCO) is on board and accessible at 
all times.
    (4) When engaged in transshipment on the high seas or in an area 
under the jurisdiction of a member of the Commission other than the 
United States, the operator and crew shall:
    (i) Provide any WCPFC transshipment monitor with full access to, 
and use of, facilities and equipment which such authorized person may 
determine is necessary to carry out his or her duties to monitor 
transshipment activities, including full access to the bridge, fish on 
board, and all areas which may be used to hold, process, weigh and 
store fish, and full access to the vessel's records, including its log 
and documentation for the purpose of inspection and photocopying;
    (ii) Allow and assist any WCPFC transshipment monitor to collect 
and remove samples and gather any other information required to fully 
monitor transshipment activities.
    (iii) Not assault, obstruct, resist, delay, refuse boarding to, 
intimidate, harass, interfere with, unduly obstruct or delay any WCPFC 
transshipment monitor in the performance of such person's duties, or 
attempt to do any of the same.
    (b) The operator and crew of a fishing vessel of the United States, 
when on the high seas in the Convention Area, shall be subject to the 
following requirements:
    (1) The operator and crew shall immediately comply with 
instructions given by an officer on board a WCPFC inspection vessel to 
move the vessel to a safe location and/or to stop the vessel, provided 
that the officer has, prior to the issuance of such instructions:
    (i) Provided information identifying his or her vessel as a WCPFC 
inspection vessel, including its name, registration number, IRCS and 
contact frequency; and
    (ii) Communicated to the vessel operator his or her intention to 
board and inspect the vessel under the authority of the Commission and 
pursuant to the boarding and inspection procedures adopted by the 
Commission.
    (2) The operator and crew shall accept and facilitate prompt and 
safe boarding by any WCPFC inspector, provided that an officer on board 
the WCPFC inspection vessel has, prior to such boarding:
    (i) Provided information identifying his or her vessel as a WCPFC 
inspection vessel, including its name, registration number, IRCS and 
contact frequency; and
    (ii) Communicated to the vessel operator an intention to board and 
inspect the vessel under the authority of the Commission and pursuant 
to the boarding and inspection procedures adopted by the Commission.
    (3) Provided that the WCPFC inspector has presented to the vessel 
operator his or her identity card identifying him or her as an 
inspector authorized to carry out boarding and

[[Page 23983]]

inspection procedures under the auspices of the Commission, and a copy 
of the text of the relevant conservation and management measures in 
force pursuant to the WCPF Convention in the relevant area of the high 
seas, the operator and crew shall:
    (i) Cooperate with and assist any WCPFC inspector in the inspection 
of the vessel, including its authorizations to fish, gear, equipment, 
records, facilities, fish and fish products and any relevant documents 
necessary to verify compliance with the conservation and management 
measures in force pursuant to the WCPF Convention;
    (ii) Allow any WCPFC inspector to communicate with the crew of the 
WCPFC inspection vessel, the authorities of the WCPFC inspection vessel 
and the authorities of the vessel being inspected;
    (iii) Provide any WCPFC inspector with reasonable facilities, 
including, where appropriate, food and accommodation; and
    (iv) Facilitate safe disembarkation by any WCPFC inspector.
    (4) If the operator or crew refuses to allow a WCPFC inspector to 
board and inspect the vessel in the manner described in this paragraph, 
they shall offer to the WCPFC inspector an explanation of the reason 
for such refusal.
    (5) The operator and crew shall not assault, obstruct, resist, 
delay, refuse boarding to, intimidate, harass, interfere with, unduly 
obstruct or delay any WCPFC inspector in the performance of such 
person's duties, or attempt to do any of the same.
    (c) When a fishing vessel of the United States that is used for 
commercial fishing for HMS is in the Convention Area and is either on 
the high seas without a valid WCPFC Area Endorsement or is in an area 
under the jurisdiction of a nation other than the United States without 
an authorization by that nation to fish in that area, all the fishing 
gear and fishing equipment on the fishing vessel shall be stowed in a 
manner so as not to be readily available for fishing, specifically:
    (1) If the fishing vessel is used for purse seining and equipped 
with purse seine gear, the boom must be lowered as far as possible so 
that the vessel cannot be used for fishing but so that the skiff is 
accessible for use in emergency situations; the helicopter, if any, 
must be tied down; and the launches must be secured.
    (2) If the fishing vessel is used for longlining and equipped with 
longline gear, the branch or dropper lines and floats used to buoy the 
mainline must be stowed and not available for immediate use, and any 
power-operated mainline hauler on deck must be covered in such a manner 
that it is not readily available for use.
    (3) If the fishing vessel is used for trolling and equipped with 
troll gear, no lines or hooks may be placed in the water; if outriggers 
are present on the vessel, they must be secured in a vertical position; 
if any power-operated haulers are located on deck they must be covered 
in such a manner that they are not readily available for use.
    (4) If the fishing vessel is used for pole-and-line fishing and 
equipped with pole-and-line gear, any poles rigged with lines and hooks 
must be stowed in such a manner that they are not readily available for 
use.
    (5) For any other type of fishing vessel, all the fishing gear and 
equipment on the vessel must be stowed in a manner so as not to be 
readily available for use.
    (d) For the purpose of this section, the meaning of transshipment 
does not include transfers that exclusively involve fish that have been 
previously landed and processed.


Sec.  300.222  Prohibitions.

    In addition to the prohibitions in Sec.  300.4, it is unlawful for 
any person to:
    (a) Fail to obtain and have on board a fishing vessel a valid WCPFC 
Area Endorsement as required in Sec.  300.212.
    (b) Fail to report a change in the information required in an 
application for a WCPFC Area Endorsement as required in Sec.  
300.212(g).
    (c) Fail to provide information on vessels and fishing 
authorizations or fail to report changes in such information as 
required in Sec.  300.213.
    (d) Fish for, retain on board, or land fish, including HMS, in 
areas under the jurisdiction of a nation other than the United States 
without authorization by such nation to do so, as provided in Sec.  
300.214(a)(1) and (b)(1).
    (e) Operate a fishing vessel in violation of, or fail to ensure the 
vessel crew complies with, the applicable national laws of a member of 
the Commission other than the United States, including any laws related 
to carrying vessel observers or the operation of VMS units, as provided 
in Sec.  300.214(a)(2) and (b)(2).
    (f) Fail to carry, allow on board, or assist a WCPFC observer as 
required in Sec.  300.215.
    (g) Assault, obstruct, resist, delay, refuse boarding to, 
intimidate, harass, or interfere with a WCPFC observer, or attempt to 
do any of the same, or fail to provide a WCPFC observer with food, 
accommodation or medical facilities, as required in Sec.  300.215.
    (h) Offload, receive, or load fish from a purse seine vessel at sea 
in the Convention Area, in contravention of Sec.  300.216.
    (i) Fail to mark a fishing vessel or a boat, skiff, or other 
watercraft on board the fishing vessel as required in Sec.  300.217, or 
remove, obscure, or obstruct such markings, or attempt to do so.
    (j) Fail to maintain and report catch and effort information or 
transshipment information as required in Sec.  300.218.
    (k) Fail to install, activate, or operate a VMS unit as required in 
Sec.  300.219(c).
    (l) In the event of VMS unit failure or interruption, fail to 
repair or replace a VMS unit, fail to notify the SAC and follow the 
instructions provided, or otherwise fail to act as provided in Sec.  
300.219(c)(4).
    (m) Disable, destroy, damage or operate improperly a VMS unit 
installed under Sec.  300.219, or attempt to do any of the same, or 
fail to ensure that its operation is not impeded or interfered with, as 
provided in Sec.  300.219(e).
    (n) Fail to make a VMS unit installed under Sec.  300.219 or the 
position data obtained from it available for inspection, as provided in 
Sec.  300.219(f) and (g).
    (o) Fail to carry on board and monitor communication devices as 
required in Sec.  300.219(h).
    (p) Fail to carry on board and make available the required vessel 
documentation and authorizations as required in Sec.  300.221(a)(1).
    (q) Fail to continuously monitor the specified radio frequencies as 
required in Sec.  300.221(a)(2).
    (r) Fail to carry on board, and keep accessible, an up-to-date copy 
of the International Code of Signals as required in Sec.  
300.221(a)(3).
    (s) Fail to provide access to, or fail to allow and assist, a WCPFC 
transshipment monitor as required in Sec.  300.221(a)(4).
    (t) Fail to comply with the instructions of, or fail to accept and 
facilitate prompt and safe boarding by, a WCPFC inspector, or fail to 
cooperate and assist a WCPFC inspector in the inspection of a fishing 
vessel, as provided in Sec.  300.221(b).
    (u) Fail to stow fishing gear or fishing equipment as required in 
Sec.  300.221(c).
[FR Doc. E9-12037 Filed 5-21-09; 8:45 am]
BILLING CODE 3510-22-S


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