High Seas Fishing Compliance Act; implementation: Vessel identification and reporting requirements,

[Federal Register: January 4, 1999 (Volume 64, Number 1)]

[Rules and Regulations]

[Page 13-16]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04ja99-13]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 980602143-8309-02; I.D. 040197B]

RIN 0648-AI99

High Seas Fishing Compliance Act; Vessel Identification and Reporting Requirements; OMB Control Numbers

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

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to implement vessel identification and reporting requirements under the High Seas Fishing Compliance Act (HSFCA). This rule requires vessels possessing permits issued under the HSFCA to be marked for identification purposes and to report their catches and effort when fishing on the high seas. This action is necessary to comply with the HSFCA.

DATES: Effective February 3, 1999.

ADDRESSES: Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298; Southeast Region, NMFS, 9721 Executive Center Drive, N., St. Petersburg, FL 33702; Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; Northwest Region, NMFS, 7600 Sand Point Way, NE., BIN C15700, Bldg. 1, Seattle, WA 98115; Alaska Region, NMFS, 709 West Ninth Street, Suite 401, P.O. Box 21668, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT: Robert A. Dickinson, (301) 713-2276.

SUPPLEMENTARY INFORMATION: The HSFCA (16 U.S.C. 5501 et seq.) implements the United Nations Food and Agriculture Organization (FAO) Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Agreement). The HSFCA requires U.S. vessels fishing on the high seas to possess a permit issued under the HSFCA. As used in the HSFCA, the term ``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. Additional information on the Agreement and the HSFCA is published at 61 FR 11751, March 22, 1996, and 61

[[Page 14]]

FR 35548, July 5, 1996. Regulations at 50 CFR part 300, subpart B govern permit application and issuance procedures under the HSFCA.

The HSFCA also prescribes that licensed U.S. vessels operating on the high seas be marked for identification purposes and report their catches on the high seas. A proposed rule to implement vessel identification and reporting requirements was published at 63 FR 34624, June 25, 1998. The proposed rule requested public comments. No comments were received.

NMFS has endeavored to minimize duplication of reporting requirements and to ensure that, to the extent practicable, the regulations issued by this action are consistent with regulations implementing fishery management plans (FMPs) under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and regulations implementing other Federal fishery management statutes (e.g., regulations implementing the Antarctic Marine Living Resources Convention Act).

NMFS proposed to implement vessel identification requirements under the HSFCA by considering licensed vessels that are already marked according to regulations implementing Federal fishery statutes as being appropriately marked for purposes of the HSFCA. For vessels not so marked, NMFS proposed to specify identification requirements for licensed vessels based on the FAO Standard Specifications for the Marking and Identification of Fishing Vessels. The proposed vessel identification regulations are adopted as final without change.

NMFS proposed to implement vessel reporting requirements under the HSFCA by considering vessel operators already reporting high seas catch and effort in conformity with regulations implementing Federal fishery statutes as meeting HSFCA reporting requirements. It was proposed that vessel operators not already so reporting be required to meet HSFCA reporting requirements by completing gear-specific logs, to be available from NMFS Regional Administrators (see ADDRESSES), except that vessel operators in the albacore fishery of the Pacific Ocean would meet their HSFCA reporting requirements by completing the ``U.S. Pacific Albacore Logbook,'' to be available from the NMFS Southwest Regional Administrator (see ADDRESSES). The proposed vessel reporting regulations are adopted as final without change.

Sources for listed reporting forms for specified fisheries may be found in the applicable implementing regulations; the ``U.S. Pacific Albacore Logbook'' may be obtained from the NMFS Southwest Region (see ADDRESSES); gear-specific log forms (consisting of forms for the following gear types: Longline/gillnet, purse seine, troll/pole and line, trawl, trap, mothership and ``other'') may be obtained from the NMFS Regional Office (see ADDRESSES) from which a vessel's HSFCA permit was issued.

NMFS also proposed to revise the existing regulations to clarify the conditions under which a U.S. vessel is eligible for a permit and the scope of permit sanction authority under the HSFCA. The proposed revisions regarding permit eligibility and sanction authority are adopted as final without change.

Operators of U.S. vessels fishing on the high seas are reminded of their responsibility under the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 et seq.) to report all incidental injuries and mortalities of marine mammals that occur as a result of commercial fishing operations. MMPA reporting forms and additional information about the MMPA can be obtained through NMFS Regional Offices (see ADDRESSES).

Under NOAA Administrative Order 205-11, 7.01, dated December 17, 1990, the Under Secretary for Oceans and Atmosphere has delegated to the Assistant Administrator for Fisheries, NOAA, the authority to sign material for publication in the Federal Register.

Classification

This final rule has been determined to be not significant for purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration when this rule was proposed that it would not have a significant economic impact on a substantial number of small entities. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not prepared.

This rule contains two collection-of-information requirements subject to the Paperwork Reduction Act. These collection-of-information requirements have been approved by the Office of Management and Budget (OMB). The first collection-of-information requirement pertains to vessel identification requirements for vessels not already marked for identification purposes in accordance with the implementing regulations of a FMP or Federal fishery management statute. The collection of this information has been approved under OMB control number 0648-0348. The second collection-of-information requirement pertains to reporting of catch and effort by those vessels not otherwise required to report high seas catches and effort. The collection of this information has been approved under OMB control number 0648-0349.

Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection-of-information subject to the requirements of the Paperwork Reduction Act unless that collection-of-information displays a currently valid OMB control number.

List of Subjects

15 CFR Part 902

Reporting and recordkeeping requirements.

50 CFR Part 300

Exports, Fisheries, Marine resources, Reporting and recordkeeping requirements, Treaties.

Dated: December 24, 1998. Andrew A. Rosenberg, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service.

For the reasons set out in the preamble, 15 CFR Chapter IX and 50 CFR Chapter III are amended as follows:

15 CFR Chapter IX

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

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

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

2. In Sec. 902.1, paragraph (b), the table is amended by adding in the left column under 50 CFR, in numerical order, ``300.14'' and ``300.17'', and in the right column, in corresponding positions, the control numbers ``-0348'' and ``-0349'', as follows:

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

   * * * * *

   (b) * * *

   Current OMB control number CFR part or section where the information (All numbers begin with 0648- collection requirement is located

   )

   *

   *

   *

   *

   * 50 CFR

   [[Page 15]]

   *

   *

   *

   *

   * 300.14

   -0348 300.17

   -0349

   *

   *

   *

   *

   *

   50 CFR Chapter III

   PART 300--INTERNATIONAL FISHERIES REGULATIONS

3. The authority citation for subpart B continues to read as follows:

   Authority: 16 U.S.C. 5501 et seq.

4. In Sec. 300.13, (a)(1) introductory text is revised to read as follows:

   Sec. 300.13 Vessel permits.

   (a) * * *

   (1) Any high seas fishing vessel of the United States is eligible to receive a permit under this subpart, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and -- * * * * *

5. In Sec. 300.14, the section heading is revised, and text is added to read as follows:

   Sec. 300.14 Vessel identification.

   (a) General. A vessel permitted under this subpart must be marked for identification purposes in accordance with this section.

   (b) Marking. Vessels must be marked either:

   (1) In accordance with vessel identification requirements specified in Federal fishery regulations issued under the Magnuson-Stevens Act or under other Federal fishery management statutes; or

   (2) In accordance with the following identification requirements:

   (i) A vessel must be marked with its IRCS, or, if not assigned an IRCS, must be marked (in order of priority) with its Federal, state, or other documentation number appearing on its high seas fishing permit;

   (ii) The markings must be displayed at all times on the vessel's side or superstructure, port and starboard, as well as on a deck;

   (iii) The markings must be placed so that they do not extend below the waterline, are not obscured by fishing gear, whether stowed or in use, and are clear of flow from scuppers or overboard discharges that might damage or discolor the markings;

   (iv) Block lettering and numbering must be used;

   (v) The height of the letters and numbers must be in proportion to the size of the vessel as follows: for vessels 25 meters (m) and over in length, the height of letters and numbers must be no less than 1.0 m; for vessels 20 m but less than 25 m in length, the height of letters and numbers must be no less than 0.8 m; for vessels 15 m but less than 20 m in length, the height of letters and numbers must be no less than 0.6 m; for vessels 12 m but less than 15 m in length, the height of letters and numbers must be no less than 0.4 m; for vessels 5 m but less than 12 m in length, the height of letters and numbers must be no less than 0.3 m; and for vessels under 5 m in length, the height of letters and numbers must be no less than 0.1 m;

   (vi) The height of the letters and numbers to be placed on decks must be no less than 0.3 m;

   (vii) The length of the hyphen(s), if any, must be half the height (h) of the letters and numbers;

   (viii) The width of the stroke for all letters, numbers, and hyphens must be h/6;

   (ix) The space between letters and/or numbers must not exceed h/4 nor be less than h/6;

   (x) The space between adjacent letters having sloping sides must not exceed h/8 nor be less than h/10;

   (xi) The marks must be white on a black background, or black on a white background;

   (xii) The background must extend to provide a border around the mark of no less than h/6; and

   (xiii) The marks and the background must be maintained in good condition at all times.

6. In Sec. 300.15, paragraph (c) is added to read as follows:

   Sec. 300.15 Prohibitions.

   * * * * *

   (c) Use a high seas fishing vessel on the high seas that is not marked in accordance with Sec. 300.14.

7. Section 300.16 is revised to read as follows:

   Sec. 300.16 Penalties.

   (a) Any person, any high seas fishing vessel, the owner or operator of such vessel, or any person who has been issued or has applied for a permit, found to be in violation of the Act, this subpart, or any permit issued under this subpart will be subject to the civil and criminal penalty provisions, permit sanctions, and forfeiture provisions prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other applicable laws.

   (b) Permits under this subpart may be subject to permit sanctions prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other applicable laws if any amount in settlement of a civil forfeiture imposed on a high seas fishing vessel or other property, or any civil penalty or criminal fine imposed on a high seas fishing vessel or on an owner or operator of such a vessel or on any other person who has been issued or has applied for a permit under any fishery resource statute enforced by the Secretary, has not been paid and is overdue.

8. In Sec. 300.17, the section heading is revised, and text is added to read as follows:

   Sec. 300.17 Reporting.

   (a) General. The operator of any vessel permitted under this subpart must report high seas catch and effort information to NMFS in a manner set by this section. Reports must include: identification information for vessel and operator; operator signature; crew size; whether an observer is aboard; target species; gear used; dates, times, locations, and conditions under which fishing was conducted; species and amounts of fish retained and discarded; and details of any interactions with sea turtles or birds.

   (b) Reporting options. (1) For the following fisheries, a permit holder must maintain and submit the listed reporting forms to the appropriate address and in accordance with the time limits required by the relevant regulations:

   (i) Antarctic--CCAMLR Logbook (50 CFR 300.107);

   (ii) Atlantic--Fishing Vessel Log Reports (50 CFR 648.7(b));

   (iii) Atlantic Pelagic Longline--Longline Logbook (50 CFR 630.5);

   (iv) Atlantic Purse Seine--Purse Seine Logbook (50 CFR 285.54);

   (v) Pacific Pelagic Longline--Longline Logbook (50 CFR 660.14(a));

   (vi) Eastern Pacific Purse Seine--IATTC Logbook (50 CFR 300.22); or

   (vii) Western Pacific Purse Seine--South Pacific Tuna Treaty Logbook (50 CFR 300.34).

   (2) For the albacore troll fisheries in the North and South Pacific, a permit holder must report high seas catch and effort by maintaining and submitting the log provided by the Regional Administrator, Southwest Region, NMFS.

   (3) For other fisheries, a permit holder must report high seas catch and effort by maintaining and submitting records, specific to the fishing gear being used, on forms provided by the Regional Administrator of the NMFS Region which issued the permit holder's HSFCA permit.

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   (c) Confidentiality of statistics. Information submitted pursuant to this subpart will be treated in accordance with the provisions of 50 CFR part 600 of this title.

   [FR Doc. 98-34738Filed12-31-98; 8:45 am]

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