[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Rules and Regulations]
[Pages 54724-54726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14495]
[[Page 54724]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240624-0174]
RIN 0648-BM67
International Fisheries; Pacific Tuna Fisheries; Safe Handling
and Release Practices for Sharks on Longline Vessels and Revision to
Vessel Monitoring System Requirements in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act
(TCA) of 1950, as amended, to implement Resolutions C-23-07
(Conservation Measures for the Protection and Sustainable Management of
Sharks) and C-23-11 (On the Establishment of a Vessel Monitoring
System) adopted by the Inter-American Tropical Tuna Commission (IATTC)
at its meeting in August 2023 in Victoria, Canada. This final rule
implements provisions of these Resolutions and requires U.S. longline
vessels fishing for tuna or tuna-like species in the eastern Pacific
Ocean (EPO) to release incidentally caught sharks by leaving them in
the water and cutting the branchline so that less than 1 meter remains
on each animal. The final rule also requires large vessels fishing for
tuna or tuna-like species in the EPO to make manual reports every six
hours in the event of a malfunctioning vessel monitoring system (VMS)
unit. This action is necessary for the United States to satisfy its
obligations as a member of the IATTC.
DATES: This rule is effective August 1, 2024.
ADDRESSES: Copies of supporting documents that were prepared for the
proposed rule, including the Regulatory Impact Review, are available
via the Federal e-Rulemaking Portal: https://www.regulations.gov,
docket NOAA-NMFS-2024-0041.
FOR FURTHER INFORMATION CONTACT: Amanda Munro, NMFS, (619) 407-9284.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
On April 25, 2024, NMFS published a proposed rule in the Federal
Register (89 FR 31708) to implement Resolutions C-23-07 (Conservation
Measures for the Protection and Sustainable Management of Sharks) and
C-23-11 (On the Establishment of a Vessel Monitoring System). These
Resolutions were adopted at the 101st Meeting of the IATTC in August
2023. The proposed rule contains additional background information,
including information on the IATTC and its Convention Area, the
international obligations of the United States as an IATTC member, and
the need for regulations. The 30-day public comment period for the
proposed rule closed on May 28, 2024.
The final rule is implemented under the TCA (16 U.S.C. 951 et
seq.). This final rule applies to U.S. longline vessels of any size and
all U.S. vessels longer than 24 meters (78.74 feet) fishing for tuna or
tuna-like species in the IATTC Convention Area. The IATTC Convention
Area is defined as waters of the EPO within the area bounded by the
west coast of the Americas and by 50[deg] N latitude, 150[deg] W
longitude, and 50[deg] S latitude.
IATTC Resolutions on Sharks and VMS
The IATTC held its 101st Meeting in August 2023 in Victoria,
Canada. During this meeting, the IATTC adopted several resolutions,
including the two implemented by this final rule--IATTC Resolutions C-
23-07 (Conservation Measures for the Protection and Sustainable
Management of Sharks) and C-23-11 (On the Establishment of a Vessel
Monitoring System).
IATTC Resolution C-23-07 includes new requirements regarding safe
handling and release procedures for sharks caught by longline vessels.
Paragraph 11(f) of the Resolution includes the requirements to ``leave
the shark in the water, where possible'' and ``use a line cutter to cut
the branchline as close to the hook as possible, and so that less than
1 meter remains on the animal, to the extent practicable.'' It also
includes provisions applicable to all vessels prohibiting shark finning
and requiring sharks be landed with fins naturally attached, which are
already required in the United States by the Shark Conservation Act of
2010.
To ensure that vessel locations and identification numbers remain
available to relevant authorities at a consistent interval even in the
event of a technical failure, IATTC Resolution C-23-11 specifies a
manual reporting requirement in the event of a malfunctioning VMS unit
for vessels above 24 meters (78.74 feet) in length. The Resolution
states in paragraph 4 that ``a fishing vessel with a defective
satellite tracking device shall communicate to the . . . relevant
competent authority at a minimum every 6 hours, reports containing
[vessel identification number, location, date, time, speed, and course]
by appropriate telecommunication means (e.g., radio, web-based
reporting, electronic mail, telefax or telex).''
Final Regulations for Sharks
This final rule amends part 300, subpart C of title 50 of the Code
of Federal Regulations (CFR) to include shark handling and release
requirements for longline vessels. Specifically, the rule requires U.S.
longline vessel owners and operators to leave live, unretained sharks
in the water and cut the branchline so that less than 1 meter of
trailing gear remains on the animal. If this procedure is not possible
without compromising the safety of any persons, the vessel owner or
operator is required to cut the branchline as close to the hook as
possible.
To facilitate the trimming of the branchline to the appropriate
length, longline vessel owners or operators must carry a line clipper
meeting minimum design standards onboard the vessel and use it to cut
the branchline. The standards for this line clipper are the same as
those already required for Hawaii-based longline vessels (see 50 CFR
665.812(a)(5)), which make up the majority of longline vessels fishing
in the EPO. The standards for the line clipper include a protected
cutting blade with an edge capable of cutting monofilament line or
braided mainline that is securely fastened to an extended reach holder
of at least 6 feet.
Shark finning (i.e., the practice of removing any fin from the body
of a shark at sea) is prohibited in the United States by the Shark
Conservation Act of 2010, which was implemented by regulations at 50
CFR part 600, subpart N. The statute and regulations also prohibit the
possession, transfer, and landing of any shark fin that is not
naturally attached (i.e., attached to the corresponding shark carcass
through some portion of uncut skin). As part of this rulemaking, NMFS
is including a cross-reference to these regulations in the regulations
governing EPO tuna fisheries, which are found in 50 CFR part 300,
subpart C. The cross-reference is intended to make clear the
regulations in 50 CFR part 600, subpart N apply to vessel owners and
operators fishing for tuna and tuna-like species in the IATTC
Convention Area.
Final Regulations for VMS
Any U.S. commercial fishing vessel that is 24 meters or more in
overall length and engaging in fishing activities for tuna or tuna-like
species in the
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IATTC Convention Area is already required to have a VMS unit installed,
per regulations at 50 CFR 300.26(b). In the rare event of a technical
failure of a VMS unit while the vessel is at sea, vessel operators are
required to notify NOAA Office of Law Enforcement (OLE) and follow
OLE's instructions (see 50 CFR 300.26(c)(4)(ii)).
This final rule adds the requirement of manual reporting in the
event of a malfunctioning VMS unit. Specifically, vessel owners and
operators must provide manual reports to OLE with specific information
every 6 hours by appropriate telecommunication means such as radio,
email, or telephone. The manual reports must include: the vessel's
identification, the vessel's geographical position (latitude and
longitude) accurate to within 100 meters, the date and time of the
fixing of the vessel's position, and the vessel's speed and course.
These reports must continue until the VMS unit issue is resolved or the
vessel is back in port.
Public Comments and Responses
NMFS received four comments from individual members of the public
during the 30-day comment period on the proposed rule, which closed on
May 28, 2024. One comment was outside the scope of the proposed rule
and is not addressed. Two comments expressed support for the
regulations as proposed, and one comment expressed concerns. These
comments are detailed below with responses from NMFS.
Comment 1: One individual commenter expressed support for the safe
handling and release procedures for sharks, noting the vulnerability of
many shark species.
Response: NMFS thanks the commenter for the support for safe
handling and release practices for sharks on longline vessels as
included in the Resolution and rule.
Comment 2: One individual commenter expressed support for the safe
handling and release procedures for sharks, applauding NMFS' efforts to
promote consistency across fisheries. The commenter noted the
importance of sharks to the ecosystem and emphasized the importance of
best handling practices to improve survival of sharks interacting with
fishing vessels. The commenter also suggested that NMFS encourage
fishers to remove the hook from sharks rather than simply cut the
branchline, as this may decrease the chances of infection and
mortality.
Response: NMFS thanks the commenter for the support for safe
handling and release practices for sharks on longline vessels, and
agrees that sharks are important for the health of the marine
ecosystem. Post-release survival data are limited, but current
scientific data from NOAA Pacific Islands Fisheries Science Center
suggest that cutting the line to less than one meter can improve shark
survivorship by as much as 40 percent over 360 days. Cutting the
branchline is also a relatively simple procedure that does not require
additional burdens for vessel owners and operators.
Hook removal may also be helpful for shark survival, but few
studies compare the difference in survival rates between cutting the
line and removing the hook. Depending on the species and size of the
shark, removing hooks can also be difficult to accomplish and may
require bringing the shark on board, resulting in additional stress to
the animal and risk to the crew. NMFS will continue to consider
additional best handling practices for sharks as more research becomes
available.
Comment 3: The third individual commenter asked if extra safety
precautions were considered when requiring fishers to cut the
branchline close to the hook. This commenter also asked how these
regulations would be implemented internationally.
Response: NMFS recognizes that cutting the branchline closer to the
mouth of a shark may pose a risk to crew members, which is why the
regulation requires the use of a line clipper with an extended reach of
at least 6 feet. The regulation also states that if it is not possible
to cut the branchline to less than 1 meter without compromising the
safety of any persons, the requirement is to cut the branchline as
close to the hook as possible.
Regarding international implementation, other members of the IATTC
are required to implement IATTC resolutions in their own domestic
regulations.
Changes From the Proposed Rule
In the proposed rule, the manual VMS reports would have included
``the vessel's geographical position (latitude and longitude) with an
error of less than 100 meters at a confidence level of 98 percent.''
This language mirrored IATTC language from Resolution C-23-11. However,
that language comes from the accuracy specifications for actual VMS
positions, not for manual reports. In the event of a VMS unit failure,
vessel owners/operators would be relying on other navigation equipment
to determine the vessel's position, in which case this level of
accuracy would likely be unavailable. Therefore, the language referring
to error and confidence level has been removed. The new text now reads
that vessel owners/operators must report ``the vessel's geographical
position (latitude and longitude) accurate to within 100 meters.''
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the Tuna Conventions Act and other applicable laws.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Paperwork Reduction Act
The VMS section of this rule contains a revision to a collection-
of-information requirement for purposes of the Paperwork Reduction Act
of 1995 (PRA) and amendments to Office of Management and Business (OMB)
Control Number 0648-0498 have been submitted to OMB for review and
approval with regarded to the changes identified in this final rule.
NMFS is amending the supporting statement for the West Coast Region
Vessel Monitoring System and Pre-Trip Reporting System Requirements,
OMB Control Number(s): 0648-0498, to include the manual reporting
requirement in the event of a technical VMS unit failure. All VMS and
pre-trip reporting requirements under that collection-of-information
continue to apply.
Send comments on these or any other aspects of the collection of
information to the ADDRESSES above, and by email to
[email protected], or fax to (202) 395-5806. Notwithstanding
any other provision of the law, no person is required to respond to,
and no person shall be subject to penalty for failure to comply with, a
collection of information subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
control number. All currently approved NOAA collections of information
may be viewed at: https://www.reginfo.gov/public/do/PRAMain.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b),
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule (89 FR 31708, April 25, 2024) and is not repeated here.
No
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comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: June 26, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Eastern Pacific Tuna Fisheries
0
1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
0
2. In Sec. 300.24, revise paragraph (z) to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(z) In the event of VMS unit failure or interruption: fail to
repair or replace a VMS unit; fail to notify the Assistant Director,
NOAA Office of Law Enforcement, Pacific Islands Division (or designee)
and follow the instructions provided; fail to manually report as
required in Sec. 300.26(c)(4)(ii); or otherwise fail to act as
provided in Sec. 300.26(c)(4).
* * * * *
0
3. In Sec. 300.26, revise paragraph (c)(4)(ii) to read as follows:
Sec. 300.26 Vessel monitoring system (VMS).
* * * * *
(c) * * *
(4) * * *
(ii) If the vessel is at sea: The vessel owner, operator, or
designee must contact the Assistant Director (AD) of NOAA Office of Law
Enforcement (OLE) by telephone, facsimile, or email at the earliest
opportunity during the AD's business hours and identify the caller and
vessel. The vessel operator must follow the instructions provided by
the AD which could include, but may not be limited to, ceasing fishing,
stowing fishing gear, and/or returning to port. The vessel operator
must also manually report to OLE every 6 hours by appropriate
telecommunication means reports containing: the vessel's
identification, the vessel's geographical position (latitude and
longitude) accurate to within 100 meters, the date and time (UTC) of
the fixing of the vessel's position, and the vessel's speed and course.
These reports must continue until the vessel returns to port or the VMS
unit is once again functioning normally. The vessel operator must
repair or replace the VMS unit and ensure it is operable before
starting the next trip.
* * * * *
0
4. In Sec. 300.27, revise paragraph (k) and add paragraphs (m) and (n)
to read as follows:
Sec. 300.27 Incidental catch and tuna retention requirements.
* * * * *
(k) Shark handling and release requirements. (1) For purse seine
vessels: the crew, operator, or owner of a U.S. commercial purse seine
fishing vessel must promptly release unharmed, to the extent
practicable, any shark (whether live or dead) caught in the IATTC
Convention Area, as soon as it is seen in the net or on the deck,
without compromising the safety of any persons. If a shark is live when
caught, the crew, operator, or owner must follow these release
procedures:
(i) Sharks must be released out of the purse seine net by directly
releasing the shark from the brailer into the ocean. Sharks that cannot
be released without compromising the safety of persons or the sharks
before being landed on deck must be returned to the water as soon as
possible, either utilizing a ramp from the deck connecting to an
opening on the side of the boat or through escape hatches. If ramps or
escape hatches are not available, the sharks must be lowered with a
sling or cargo net, using a crane or similar equipment, if available.
(ii) No shark may be gaffed or hooked, lifted by the head, tail,
gill slits or spiracles, or lifted by using bind wire against or
inserted through the body, and no holes may be punched through the
bodies of sharks (e.g., to pass a cable through for lifting the shark).
(2) For longline vessels: the crew, operator, or owner of a U.S.
commercial longline fishing vessel must promptly release unharmed, to
the extent practicable, any shark (whether live or dead) caught in the
IATTC Convention Area that is not retained, as soon as it is seen on
the line, without compromising the safety of any persons. If a shark is
live when seen on the line, the crew, operator, or owner must follow
these release procedures:
(i) Leave the shark in the water.
(ii) Use a line clipper meeting the minimum design standards in
paragraph (m) of this section to cut the branchline so that less than 1
meter (or 3.3 ft) of line remains on the animal. If this is not
possible without compromising the safety of any persons, cut the
branchline as close to the hook as possible.
* * * * *
(m) Possession and use of required mitigation gear. (1) NMFS has
established minimum design standards for line clippers. At least one
line clipper meeting these design standards must be present onboard any
longline vessel fishing in the IATTC Convention Area. The minimum
design standards are as follows:
(i) The line clipper must have a protected cutting blade. The
cutting blade must be curved, recessed, contained in a holder, or
otherwise afforded some protection to minimize direct contact of the
cutting surface with animals or users of the cutting blade.
(ii) The cutting blade edge must be capable of cutting 2.0-2.1 mm
monofilament line and nylon or polypropylene multi-strand material
commonly known as braided mainline or tarred mainline.
(iii) The line clipper must have an extended reach handle or pole
of at least 6 ft (1.82 m) for the cutting blade.
(iv) The cutting blade must be securely fastened to the extended
reach handle or pole to ensure effective deployment and use.
(2) [Reserved]
(n) Prohibition on shark finning. Vessel owners and operators must
comply with regulations governing the harvest, possession, landing,
purchase, and sale of shark fins found at 50 CFR part 600, subpart N.
[FR Doc. 2024-14495 Filed 7-1-24; 8:45 am]
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