Federal Register: August 10, 2006 (Volume 71, Number 154)
DOCID: FR Doc E6-13098
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 300
Docket ID: [Docket No. 050620161-5161-01; I.D. 061605A]
RIN ID: RIN 0648-AP61
NOTICE: PROPOSED RULES
ACTION: International Fisheries regulations:
DOCUMENT ACTION: Proposed rule; request for comments.
SUBJECT CATEGORY:
South Pacific Tuna Fisheries
DATES: Comments must be received by October 10, 2006.
DOCUMENT SUMMARY:
NMFS proposes to revise regulations implementing the South Pacific Tuna Act of 1988, as amended (SPTA), to reflect the changes agreed to in the Third Extension of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America and its annexes, schedules, and implementing agreements, as amended (Treaty). New provisions under the Treaty relate to vessel monitoring system (VMS) requirements, vessel reporting requirements, area restrictions for U.S. purse seine vessels fishing under the Treaty, and allowing U.S. longline vessels to fish on the high seas portion of the Treaty Area. These actions are needed to bring the United States into compliance with its obligations under the Treaty.
SUMMARY:
South Pacific tuna—; Vessel monitoring system requirements, vessel reporting requirements, area restrictions for U.S. purse seine vessels, etc.,
SUPPLEMENTAL INFORMATION
Background on the Treaty
The Treaty, implemented through the SPTA (16 U.S.C. 973 et seq.) and its implementing regulations at 50 CFR part 300, subpart D, governs the conduct of U.S. fishing vessel operations in the Treaty Area. The Treaty authorizes, and regulates through a licensing system, U.S. purse seine vessels operations within all or part of the exclusive economic zones (EEZs) of the 16 Pacific Island parties to the Treaty (PIPs), thus providing access to a large portion of the western and central Pacific Ocean. The 16 PIPs, each a sovereign state, are members of the Pacific Islands Forum, an intergovernmental body.
Until recently the Treaty allowed U.S. vessels fishing for albacore by the trolling method to fish in the high seas portion of the Treaty Area, but it did not allow U.S. longline vessels to do so. The Treaty has since been amended to allow U.S. longline vessels to fish in the high seas portion of the Treaty Area and the SPTA was amended in 2004 to reflect that change (Public Law 108219). U.S. longline and albacore troll vessels fishing in the high seas portion of the Treaty Area are not subject to the Treaty's or SPTA's licensing requirements.
The Treaty entered into force in 1988 following ratification by the
U.S. and the PIPs. After an initial 5year agreement, the Treaty was
renewed in 1993 for an additional 10 years. Currently, the Treaty
allows for a maximum of 45 licenses to U.S. purse seine fishing vessels
to fish in the Licensing Area of the Treaty. Of the 45 licenses, 5 are
reserved for ``joint venture'' arrangements: specifically, U.S. purse
seine fishing vessels engaged in activities designed to promote the
maximization of benefits generated for PIPs, such as the use of onshore facilities in PIPs, purchase of equipment
[[Page 45753]]
and supplies from PIPs and employment of PIP nationals on such vessels.
The Licensing Area includes all or part of the EEZs of the following
countries: Australia, Cook Islands, Federated States of Micronesia,
Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau,
Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
The Treaty Area, which is the area bounded by the coordinates provided
in paragraph 1(k) of Article 1 of the Treaty, is approximately 10
million square miles (26 million square kilometers) in size. As of June
2006, 12 U.S. vessels were active in the fishery under the Treaty
(there have been no joint venture arrangements implemented to this date).
The Treaty establishes the terms and conditions associated with certain aspects of U.S. purse seine vessel operations and conditions of access to the EEZs of the PIPs. Treaty terms and conditions include, but are not limited to, various fees, area closures, reporting requirements, and monitoring requirements. Additionally, the U.S. has certain Treaty obligations, such as administrative requirements, payment of licensing and access fees, and the collection, compilation, and summarization of fishery related data. Under the current agreement governing financial and administrative aspects of the Treaty (Agreement between the Government of the United States of America and the South Pacific Forum Fisheries Agency), the United States is obligated to pay an annual fee of 21 million dollars. The U.S. Government pays 18 million dollars under a technical assistance agreement, and the U.S. purse seine tuna industry, represented by the American Tunaboat Association, provides the additional 3 million dollars. All these funds are paid to the Pacific Islands Forum Fisheries Agency (FFA), headquartered in Honiara, Solomon Islands. The FFA Secretary General and staff act as the Treaty administrator on behalf of the PIPs.
NMFS has been designated by the U.S. Secretary of Commerce as the agency responsible for implementing fishery conservation and management measures required to be imposed on U.S. fishing vessel owners and operators under the Treaty and the SPTA. U.S. operational, administrative, and enforcement commitments under the Treaty are carried out by NMFS and the U.S. Coast Guard.
Background on the Regional VMS
Under the Treaty, U.S. purse seine vessel operators participating in the western and central Pacific Ocean purse seine fishery must submit a variety of written reports and provide electronic communications regarding vessel position. At present, these reports are submitted via email communications to the FFA or the appropriate PIP. The nonelectronically collected information from U.S. participants is transmitted to the FFA, typically through NMFS, Pacific Islands Regional Office, or its field office in Pago Pago, American Samoa.
VMS programs that utilize shipboard transceivers, or VMS units, are used successfully in several fisheries around the world for fishery monitoring, compliance, and surveillance purposes. These automated systems assist fishery managers and enforcement personnel in monitoring compliance with certain types of fishery regulations, and are particularly useful in circumstances where, as under the Treaty, fishing vessels operate over large geographic areas and vessel operators are subject to area restrictions. The VMS automates monitoring and surveillance using satellite and communications technology to send location and identity information from a fishing vessel to a designated landbased monitoring station. Shipboard VMS units can be programmed to report at set time intervals. Some systems allow remote programming of the time intervals. This is typically done from a landbased monitoring station via the satellite communications system. The reporting intervals may be adjusted (e.g. from 1 time per day to 20 times per hour) based on operational needs. In some systems, the VMS units can receive and process polling commands, such as a request to transmit the vessel's current position. Position fixing is typically done using a global positioning system receiver integrated into the VMS unit.
In 1992, the parties to the Treaty signaled recognition of the potential value of a VMS by including language in Annex 1 Part 8 stating ``It is understood that a regionwide vessel tracking system applicable to all vessels licensed to fish in the Treaty Area may be established. United States vessels with a license to fish under the Treaty shall participate in such a system and shall install and operate a transponder of a type and in such a manner as may be agreed by the Parties. It is understood that data derived through the system shall be treated as confidential business information and that the terms and conditions for access to that information shall be a matter of discussions between the Parties''. If VMS data are requested under the Freedom of Information Act (FOIA), the responding agency would be required to determine the releasability of the information under Exemption 4 of the FOIA pertaining to the release of confidential business information, as well as any other applicable exemptions.
Recognizing the value of VMS to the management regime, the 16 PIPs, all members of the FFA's policy coordinating body called the Forum Fisheries Committee (FFC), implemented a regional VMS to assist in the management of highly migratory species fishery resources within their EEZs. Specifically, the FFC mandated that as of October 1, 2001, all fishing vessels operating under bilateral or multilateral fishery access agreements within the EEZs of member nations would be required to participate in the FFA's regional VMS. Under the terms of the Treaty, the U.S. agreed that vessels licensed to fish in the Treaty Area would be required to participate when a VMS requirement was implemented within the EEZs of the PIPs.
The principal purpose of the FFA regional VMS is to support existing surveillance assets such as patrol vessels, surveillance flights, and regional atsea fishery observers. Currently, vessels licensed under the Treaty operate across an area of approximately 10 million square miles (26 million square kilometers). Effective surveillance of an area of this size is extremely difficult. The FFA regional VMS is expected to be a valuable asset in effectively monitoring this vast area in a costeffective manner, and is expected thereby to contribute to the sustainability of fishery resources. The specifications for the FFA Regional VMS were developed and implemented based upon FFA member countries' experiences with VMS and taking into consideration the need to ensure a high degree of information security and operational efficiency, with minimum potential for tampering.
The United States has determined that a robust regional VMS within the Treaty Area is needed in order to effectively manage the fleets of the various distant water fishing nations that operate in the western and central Pacific Ocean. Now that a regional VMS has been established and domestic VMSrelated regulations have been established in most of the PIPs, the U.S. is prepared to participate in the system. Modifications to the Treaty and the SPTA and Proposed Regulations
In 2002 the Treaty was extended for the second time since its
inception in 1988 (the 2002 extension is referred to as the Third
Extension). To fulfill the commitments of the United States to implement the Treaty amendments
[[Page 45754]]
made in the Third Extension, as well as subsequent technical
modifications made in the seventeenth annual formal consultation of the
parties to the Treaty in March 2005, NMFS proposes to revise the
regulations implementing the SPTA. Four modifications were made to the
Treaty: (1) Modifications to vessel reporting requirements, (2)
modifications to Closed and Limited Areas, (3) new VMS requirements, and (4) longline high seas access.
The four modifications would be implemented in this proposed rule
through revisions to the regulations implementing the SPTA (with
respect to longline high seas access, the SPTA has also been amended).
These modifications and how they would be implemented through this
proposed rule are described below. In addition to amending the
regulations to implement these Treaty modifications, the regulations
would be amended to explicitly include the details of certain
requirements that are currently incorporated only by reference to the Treaty and its annexes.
(1) Modifications to vessel reporting requirements: The purse seine
vessel reporting requirements have been modified such that: times must
be reported in Universal Coordinated Time (also known as UTC) rather
than Greenwich Mean Time (or GMT); catches must be reported in metric
tons (rather than short tons); the weekly vessel report to the FFA,
known as the WEEK report, is eliminated; the weekly reports to national
authorities continue but are amended to indicate whether or not an
observer is on board the vessel; the report for entry into port for
unloading must be submitted at least 24 hours prior to (rather than any
time prior to) the vessel's arrival into port; and the vessel operator
is required to report the estimated date and time of arrival and the
estimated date of departure from port in the report for port departure
and the report entry into port for unloading, as appropriate.
(2) Modifications to Closed and Limited Areas: Papua New Guinea's
archipelagic waters are now closed to U.S. purse seine vessels (prior
to the Third Extension certain of these waters were open to U.S.
vessels fishing under the Treaty) and the Solomon Islands EEZ is now
opened to fishing under the Treaty, with the exception of the area from
the archipelagic baseline for the main island group (as defined in
Solomon Islands' Delimitation of Marine Waters Act 1978) out to 60
nautical miles (111 kilometers) that is closed to fishing (prior to the
Third Extension all but a small portion of the Solomon Islands EEZ was
a Closed Area; the remainder was a Limited Area in which effort by U.S. purse seine vessels was restricted).
(3) VMS requirements: To comply with the FFC's October 2001 mandate
regarding the regional VMS and the Treaty amendments made under the
Third Extension, NMFS proposes to require each U.S. vessel licensed
under the Treaty to have installed and to carry, operate, and maintain
a VMS unit while in the Treaty Area. The VMS unit and attendant
software would have to be of a type approved by the FFA as Treaty
Administrator. If the VMS unit malfunctions or fails, the owner or
operator would be required to provide notice of such failure or
malfunction, submit substitute reports by an alternative means at
intervals of no greater than 8 hours, and if directed by the FFA or
NMFS, proceed to a designated port to repair or replace the VMS unit.
Owners and operators of vessels licensed under the Treaty would also be
required to register annually on the FFA Vessel Register (in the past
the FFA administered a ``FFA VMS Register of Foreign Fishing Vessels''
and a ``FFA Regional Register of Foreign Fishing Vessels'' but the two
have been consolidated into a single ``FFA Vessel Register''). NMFS
would administratively facilitate the applications for registration on
the register, but vessel owners and operators would be responsible for
completing the FFA registration forms and the payment of associated
fees. Once a vessel has been granted registered status on the FFA
Vessel Register, the FFA would notify the license holder of such
status. Vessel owners and operators are advised to retain a copy of
this notice as a record of a vessel's status on the FFA Vessel Register.
The contact information for the FFA, as Treaty Administrator, for the purpose of the manual position reports and the notifications required in certain circumstances in the proposed VMSrelated regulations, as well as for informational purposes, is as follows:
Updated contact information may be obtained from NMFS (see ADDRESSES).
Additional contact information for the FFA, as Treaty Administrator, for informational purposes is as follows:
Updated contact information may be obtained from the NMFS American Samoa field station, telephone: country code 684, number 6335598; facsimile: country code 684, number 6331400, or the NMFS Pacific Islands Regional Office (see ADDRESSES).
The VMS data would be treated by NMFS as confidential business
information. However, if VMS data are requested under FOIA, the
responding agency would be required to determine the releasability of
the information under Exemption 4 of the FOIA pertaining to the release
of confidential business information, as well as any other applicable
exemptions. These new VMS requirements appear in the proposed regulations at Sec. 300.45.
(4) Longline high seas access: This proposed rule would exempt U.S.
longline vessels from the prohibitions currently listed in 50 CFR
300.38, effectively allowing authorized U.S. longline vessels to fish
in the high seas portions of the Treaty Area. The original language of
the Treaty stated that only purse seine vessels could operate under the
Treaty, with one exception, that being for albacore vessels that
trolled (fished) while transiting through the high seas portion of the
Treaty Area. The unintended consequence of this language is that it did
not allow for other types of U.S. vessels, including longline vessels,
to fish on the high seas portions of the Treaty Area. It was never the
intent of the parties to the Treaty to exclude U.S. longline vessels to
areas open to all others fleets in the region. In 1999, after an
expressed interest on the part of the U.S. longline industry, the
parties agreed to rectify the situation and to allow U.S. longline
vessels access to the high seas portions of the Treaty Area. This
exemption for U.S. longline vessels to fish in the high seas portion of
the Treaty Area appears in the proposed regulations at Sec. 300.39(a). Classification
NMFS prepared an EA for this action that discusses the impact on the environment as a result of this proposed rule. A Finding of No Significant Impact was signed on July 23, 2004. A copy of the EA is available from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
NMFS prepared an IRFA that describes the economic impact this
proposed rule, if adopted, would have on small entities. NMFS invites
public comment on the IRFA (see ADDRESSES). A description of the
action, an explanation of 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
[[Page 45755]]
SUMMARY section of the preamble. A summary of the analysis follows:
Three of the measures in this proposed action, the modified vessel reporting requirements, the VMS requirements, and the modified Closed and Limited Areas, would apply to owners and operators of U.S. purse seine vessels that operate in the Treaty Area. The measure to allow longline vessels access to the high seas portion of the Treaty Area would apply to owners and operators of U.S. longline vessels operating in the Pacific Ocean. Based on the number of U.S. purse seine vessels licensed under the Treaty and the number of U.S. longline vessels permitted to operate in the Pacific Ocean under the MagnusonStevens Fishery Conservation and Management Act and/or the High Seas Fishing Compliance Act as of June 2006, NMFS estimates that 12 purse seine vessels and approximately 183 longline vessels would be subject to the rule. These purse seine and longline vessels are owned by approximately 9 and 183 business entities, respectively. Based on (limited) financial information about these fishing fleets, NMFS believes that as many as 7 and 183 of the affected purse seine and longline business entities, respectively, are small business entities (i.e. they have gross annual revenues of less than $4.0 million).
The reporting, recordkeeping, and other compliance requirements of
this proposed rule are described in the SUPPLEMENTARY INFORMATION
section of this 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) Vessel reporting requirements: These requirements are part of a
collection of information approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act (PRA) (OMB control
number 06480218). Approximately seven small business entities would be
subject to these requirements. The cost of compliance would be minor:
because the changes have to do only with units of measure, the timing
of reports, and the reporting of one additional piece of information
(whether or not an observer is on board), they would require only minor
modifications in habit on the part of the vessel operators. Fulfillment
of these reporting requirements is not expected to require any
professional skills that the vessel owners and operators do not already possess.
(2) Fishing area modifications: Approximately seven small business
entities would be subject to these requirements. These modifications
would not impose any new reporting or recordkeeping requirements
(within the meaning of the PRA) on purse seine vessel owners or
operators, but they could affect the economic performance of such
vessels. It is not known whether the density of exploitable stocks in
the affected areas is greater or less than in the fleet's fishing
grounds generally. Because the target stocks are a highly fluid
resource in this region, with high turnover rates and significant
movements of fish through the region, any such differences are likely
to be small. The measure is therefore not expected to have a strong
direct effect on catch rates or resulting economic returns. However,
the modifications would affect the operational flexibility of U.S.
purse seine vessels, and such effects could in turn bring economic
impacts. Vessels would have greater operational flexibility through
enhanced access to the Solomon Islands EEZ but less flexibility from
reduced access to the waters around Papua New Guinea. It is not
possible to predict whether the expected positive impacts to small
entities from the former effect would be less than or greater than the
expected negative impacts from the latter effect. This is due to a lack
of information about the extent and value of the operational
flexibility afforded by each of the two affected areas, as well as the
general difficulty in predicting the behavior of vessels that operate
in response to many biophysical and economic factors and conditions,
many of which change markedly from year to year. The impact, while
difficult to predict, is not expected to differ by entity class (i.e.
by small versus large entity). Fulfillment of these requirements is not
expected to require any professional skills that the vessel owners and operators do not already possess.
(3) VMS requirements: These requirements are part of a collection
of information approved by OMB under the PRA (OMB control number 0648
0218). Approximately seven small business entities would be subject to
these requirements. The expected annual cost of complying with the VMS
requirements is no more than about $4,000 per vessel (including
annualized costs of $1,000$2,000 for the purchase of VMS units and
approximately $200 for the installation and activation of VMS units,
which might have to be replaced as often as once every four years;
$1,375 for the annual FFA VMS registration fee; and approximately $500
for maintenance and routine operation). This represents about one tenth
of one percent of the total costs of production for a typical purse
seine vessel, and perhaps as much as two tenths of one percent of the
total costs of production for the smallest affected small business
entity. Fulfillment of these VMS requirements is not expected to
require any professional skills that the vessel owners and operators do not already possess.
(4) Longline high seas access: Approximately 183 small business
entities would be subject to this measure. Opening the high seas areas
of the Treaty Area to U.S. longline vessels would not impose any
additional reporting, recordkeeping, or other compliance requirements.
Since the measure would expand the fishing area available to U.S.
longline vessels, increasing their operational flexibility, it is
expected to have positive or neutral impacts on affected small entities.
NMFS is not aware of any relevant Federal rules that duplicate,
overlap with, or conflict with this proposed rule. NMFS considered
several alternatives to this proposed rule. As a party to the Treaty,
the U.S. has committed itself to implementation of the Treaty
amendments. Consequently, NMFS has limited discretion with regard to
implementation of the SPTA. One alternative NMFS considered is to take
no action. However, NMFS rejected this alternative because it would not
achieve the objectives of the SPTA, which are to implement the terms of
the Treaty. NMFS also considered several alternatives to the VMS
requirements. One is to encourage voluntary compliance with the VMS
measures rather than issuing a rule that would make them mandatory. To
the extent that voluntary compliance is achieved, the costs to small
entities would be the same as under the preferred alternative. Because
relying on voluntary compliance would make it difficult to ensure that
the VMS requirements of the Treaty are met, this alternative is not
preferred. Two other nonregulatory alternatives, which would require
agreement by the parties to the Treaty, are to obtain the desired
compliance and monitoring benefits via enhanced vessel observer
coverage or enhanced aerial and surface surveillance activities rather
than via a VMS. These alternatives could achieve the objectives of the
SPTA at potentially lesser cost to small entities. However, the
projected costs to the public of enhancing vessel observer coverage or
aerial and surface surveillance to the extent needed to achieve the
compliance and monitoring benefits offered by a VMS are significantly
greater than the expected total costs of the VMS alternative. Because
the cost of VMS is significantly less than the costs of enhanced observer
[[Page 45756]]
coverage or enhanced aerial and surface monitoring, it appears more
appropriate to choose the more costeffective VMS alternative. A copy of the IRFA is available from NMFS (see ADDRESSES).
This proposed rule contains collectionofinformation requirements subject to the PRA and which have been approved by OMB under control number 06480218. The public reporting burden for the modified vessel reporting requirements is estimated to average 1 hour per catch report, with about five catch reports per year per respondent, and about 30 minutes per unloading logsheet, with about six unloading logsheets per year per respondent. The public reporting burden for the VMS requirements is estimated to average 30 minutes per year per respondent for what was formerly called the FFA Regional Register of Foreign Fishing Vessels application form, 15 minutes per year per respondent for what was formerly called the FFA VMS Register of Foreign Fishing Vessels application form, and 2 hours per year per respondent for VMS unit maintenance. As explained previously, the FFA consolidated the two previouslyused vessel registers into a single ``FFA Vessel Register'' on about September 1, 2005, and there is now a single application form for the register. This consolidation had no effect on the information collection requirement or the estimated public reporting burden.
Public comment is sought regarding: whether these collectionof
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 collectionofinformation
requirements to NMFS (see ADDRESSES) and to David Rostker, OMB, by
email at David_Rostker@omb.eop.gov or by fax at 2023957285.
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.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: August 3, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50 CFR 300, subpart D, as follows.
PART 300INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for 50 CFR part 300, subpart D continues to read as follows:
Authority: 16 U.S.C. 973973r.
2. In Sec. 300.31, definitions for ``FFA Vessel Register'', ``Pacific Islands Forum Fisheries Agency'' or ``FFA'', ``UTC'', and ``Vessel Monitoring System Unit'' or ``VMS unit'' are added, the definition for ``Limited Area'' is deleted, and definitions for ``Regional Administrator'', ``Applicable national law'', ``Closed Area'', and ``Treaty Area'' are revised to read as follows: Sec. 300.31 Definitions.
* * * * *
Applicable national law means any of the laws of Pacific Island
Parties in the following table and any regulations or other instruments
having the force of law implemented pursuant to these laws: Pacific Island Party Laws
AUSTRALIA
Antarctic Marine Living Resources
Conservation Act, 1981.
Fisheries Management Act, 1991.
Fisheries Administration Act, 1991.
Statutory Fishing Rights Charge Act, 1991.
Fisheries Legislation (Consequential Provisions) Act, 1991.
Foreign Fishing Licences Levy Act,
1991.Fishing Levy Act, 1991.
Fisheries Agreements (Payments) Act, 1991.
Fisheries Agreements (Payments) Act, 1991.
Torres Strait Fisheries Act, 1984.
Whale Protection Act, 1980. COOK ISLANDS.
Exclusive Economic Zone (Foreign
Fishing Craft) Regulations, 1979.
Territorial Sea and Exclusive
Economic Zone Act, 1977.Marine Resources Act, 1989.
FEDERATED STATES OF MICRONESIA
Titles 18 and 24 of the Code of the
Federated States of Micronesia, as
amended by Public Law Nos. 228, 2
31, 39, 310, 334, and 380. FIJI
Fisheries Act (Cap. 158).
Fisheries Regulations (Cap. 158).
Marine Spaces Act (Cap. 158A).
Marine Spaces (Foreign Fishing
Vessels) Regulations, 1979. KIRIBATI
Fisheries Ordinance, 1979.
Fisheries (Amendment) Act, 1984.
Marine Zones (Declaration) Act, 1983.
Fisheries (Pacific Island
States'Treaty with the United States) Act 1988.
[[Page 45757]]
MARSHALL ISLANDS
Title 33, Marine Resources Act, as
amended by P.L. 198956, P.L. 1991
43, and P.L. 199225 of the Marshall Islands Revised Code.
NAURU
Interpretation Act, 1971.
Interpretation Act (Amendment) Act No. 1 1975.
Interpretation Act (Amendment) Act No. 2 1975.
Marine Resources Act, 1978. NEW ZEALAND
Antarctic Marine Living Resources
Act, 1981.Continental Shelf Act, 1964.
Conservation Act, 1987.
Driftnet Prohibition Act, 1991.
Exclusive Economic Zone (Foreign
Fishing Craft) Regulations, 1978.
Fishing Industry Board Act, 1963. Fisheries Act, 1983.
Marine Mammals Protection Act, 1978.
Marine Reserves Act, 1971.
Marine Pollution Act, 1974. Meat Act, 1964.
Territorial Sea and Exclusive
Economic Zone Act, 1977.
Tokelau (Territorial Sea and
Exclusive Economic Zone) Act, 1977.
Submarine Cables and Pipelines Protection Act, 1966.
Sugar Loaf Islands Marine Protected Area Act, 1991.
Wildlife Act, 1953.
NIUE
Niue Fish Protection Ordinance 1965.
Sunday Fishing Prohibition Act 1980.
Territorial Sea and Exclusive
Economic Zone Act 1978. PALAU
Palau National Code, Title 27. PAPUA NEW GUINEA
Fisheries Act (Cap 214).
Fisheries Regulations (Cap 214).
Fisheries (Torres Strait Protected Zone) Act, 1984.
National Seas Act (Cap 361).
Tuna Resources Management Act (Cap 224).
Whaling Act (Cap 225).
SOLOMON ISLANDS
Delimitation of Marine Waters Act, 1978.
Fisheries Act, 1972.
Fisheries Limits Act, 1977.
Fisheries Regulations, 1972.
Fisheries (Foreign Fishing Vessels) Regulations, 1981.
Fisheries (United States of America) (Treaty) Act 1988.
TONGA
Fisheries Act, 1989.
TUVALU
Fisheries Act (Cap 45).
Fisheries (Foreign Fishing Vessel) Regulations, 1982.
Marine Zones (Declaration) Act, 1983.
Foreign Fishing Vessels Licensing (US Treaty) Order 1987.
VANUATU
Fisheries Act 1982 (Cap 158).
Fisheries Regulations 1983.
Maritime Zones Act 1981 (Cap 138). SAMOA
Exclusive Economic Zone Act, 1977.
Territorial Sea Act, 1971. Fisheries Act, 1988.
[[Page 45758]]
* * * * *
Closed area means any of the areas in the following table, as
depicted on charts provided by the Regional Administrator and as
further described in additional information that may be provided by the Regional Administrator:
Pacific Island Party Area
AUSTRALIA
All waters within the seaward
boundary of the Australian Fishing
Zone (AFZ) west of a line connecting
the point of intersection of the
outer limit of the AFZ by the
parallel of latitude 25[deg] 30'
South with the point of intersection
of the meridian of longitude 151
East by the outer limit of the AFZ
and all waters south of the parallel
of latitude 25[deg] 30' South. COOK ISLANDS
Territorial Sea.
FEDERATED STATES OF MICRONESIA
Three nautical mile territorial sea
and nine nautical mile exclusive
fishery zone and on all named banks
and reefs as depicted on the following charts:
DMAHTC NO 81019 (2nd. ed., Mar.
1945; revised 7/17/72; corrected
through NM 3/78 of 21 June 1978).
DMAHTC NO 81023 (3rd. ed., 7 Aug. 1976).
DMAHTC NO 81002 (4th. ed., 26 Jan.
1980; corrected through NM 4/80).
FIJI
Internal waters, archipelagic waters
and territorial seas of Fiji and
Rotuma and its Dependencies. KIRIBATI
Within archipelagic waters as
established in accordance with
Marine Zones (Declaration) Act 1983;
within 12 nautical miles drawn from
the baselines from which the
territorial seas is measured; and
within 2 nautical miles of any
anchored fish aggregating device
within the Kiribati exclusive
economic zone for which notification
of its location shall be given by
geographical coordinates. MARSHALL ISLANDS
12 nautical mile territorial sea and
area within two nautical miles of
any anchored fish aggregating device
within the Marshall Islands
exclusive economic zone for which
notification of its location shall
be given by geographical coordinates.
NAURU
The territorial waters as defined by
Nauru Interpretation Act, 1971, Section 2.
NEW ZEALAND
Territorial waters; waters within 6
nautical miles of outer boundary of
territorial waters; all waters to
west of New Zealand main islands and
south of 39[deg] South latitude; all
waters to east of New Zealand main
islands south of 40[deg] South
latitude; and in respect of Tokelau:
areas within 12 nautical miles of
all island and reef baselines;
twelve and one half nautical miles
either side of a line joining Atafu
and Nukunonu and Faka'ofo; and
coordinates as follows:
Atafu: 8 [deg] 35' 10 '' S, 172 [deg] 29' 30 '' W
Nukunonu: 9 [deg] 06' 25 '' S, 171 [deg] 52' 10 '' W
Faka'ofo: 9 [deg] 22' 30 '' S, 171 [deg] 16' 30 '' W
NIUE
Territorial sea and within 3 nautical
miles of Beveridge Reef, Antiope
Reef and Haran Reef as depicted by
appropriate symbols on NZ 225F
(chart showing the territorial sea
and exclusive economic zone of Niue
pursuant to the Niue Territorial Sea
and Exclusive Economic Zone Act of 1978).
PALAU
Within 12 nautical miles of all
island baselines in the Palau Islands; and the area:
[[Page 45759]]
commencing at the northeasternmost
intersection of the outer limit of
the 12 nautical mile territorial
sea of Palau by the arc of a
circle having a radius of 50
nautical miles and its center at
Latitude 07 [deg] 16' 34 '' North,
longitude 134 [deg] 28' 25 ''
East, being at about the center of
the reef entrance to Malakal Pass;
running thence generally south
easterly, southerly, south
westerly, westerly, north
westerly, northerly and north
easterly along that arc to its
intersection by the outer limit of
the 12 nautical mile territorial
sea; and thence generally
northerly, northeasterly,
easterly, southeasterly and
southerly along that outer limit
to the point of commencement.
Where for the purpose of these
specifications it is necessary to
determine the position on the
surface of the Earth of a point,
line or area, it shall be determined
by reference to the World Geodetic
System 1984; that is to say, by
reference to a spheroid having its
center at the center of the Earth
and a major (equatorial) radius of
6,378,137 meters and a flattening of 1/298.2572.
PAPUA NEW GUINEA
All territorial seas, archipelagic and internal waters.
SOLOMON ISLANDS
All internal waters, territorial seas
and archipelagic waters; and such
additional waters around the main
group archipelago, as defined under
the Delimitation of Marine Waters
Act 1978, not exceeding sixty nautical miles.
TONGA
All waters with depths of not more
than 1,000 meters, within the area
bounded by the fifteenth and twenty
third and one half degrees of south
latitudes and the one hundred and
seventy third and the one hundred
and seventy seventh degrees of west
longitudes; also within a radius of
twelve nautical miles from the
islands of Teleki Tonga and Teleki Tokelau.
TUVALU
Territorial sea and waters within two
nautical miles of all named banks,
that is Macaw, Kosciusko, Rose,
Bayonnaise and Hera, in Tuvalu
exclusive economic zone, as depicted
on the chart entitled ``Tuvalu
Fishery Limits'' prepared by the
United Kingdom Hydrographic
Department, Taunton, January 11, 1981.
VANUATU
Archipelagic waters and the
territorial sea, and internal waters.
SAMOA
Territorial sea; reefs, banks and sea
mounts and within 2 nautical miles
of any anchored fish aggregating
device within the Samoa exclusive
economic zone for which notification
of its location shall be given by
geographical coordinates. [[Page 45760]]
* * * * *
FFA Vessel Register means the registry of fishing vessels maintained by the FFA, comprising those vessels which are in good standing and licensed to fish in the waters of FFA member countries, including those vessels licensed under Sec. 300.32.
* * * * *
Pacific Islands Forum Fisheries Agency or FFA means the organization established by the 1979 South Pacific Forum Fisheries Agency Convention.
Regional Administrator means the Regional Administrator, Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814, or a designee.
* * * * *
Treaty Area means all waters north of 60 S. lat. and east of 90 E. long., subject to the fisheries jurisdiction of Pacific Island Parties, and all other waters within rhumb lines connecting the following points, except for waters subject to the jurisdiction in accordance with international law of a State which is not a party to the Treaty: Point Latitude Longitude A 2[deg] 35' 141[deg] 00' 39'' S 00'' E B 1[deg] 01' 140[deg] 48' 35'' N 35'' E C 1[deg] 01' 129[deg] 30' 35'' N 00'' E D 10[deg] 00' 129[deg] 30' 00'' N 00'' E E 14[deg] 00' 140[deg] 00' 00'' N 00'' E F 14[deg] 00' 142[deg] 00' 00'' N 00'' E G 12[deg] 30' 142[deg] 00' 00'' N 00'' E H 12[deg] 30' 158[deg] 00' 00'' N 00'' E I 15[deg] 00' 158[deg] 00' 00'' N 00'' E J 15[deg] 00' 165[deg] 00' 00'' N 00'' E K 18[deg] 00' 165[deg] 00' 00'' N 00'' E L 18[deg] 00' 174[deg] 00' 00'' N 00'' E M 12[deg] 00' 174[deg] 00' 00'' N 00'' E N 12[deg] 00' 176[deg] 00' 00'' N 00'' E O 5[deg] 00' 176[deg] 00' 00'' N 00'' E P 1[deg] 00' 180[deg] 00' 00'' N 00'' Q 1[deg] 00' 164[deg] 00' 00'' N 00'' W R 8[deg] 00' 164[deg] 00' 00'' N 00'' W S 8[deg] 00' 158[deg] 00' 00'' N 00'' W T 0[deg] 00' 150[deg] 00' 00'' 00'' W U 6[deg] 00' 150[deg] 00' 00'' S 00'' W V 6[deg] 00' 146[deg] 00' 00'' S 00'' W W 12[deg] 00' 146[deg] 00' 00'' S 00'' W X 26[deg] 00' 157[deg] 00' 00'' S 00'' W Y 26[deg] 00' 174[deg] 00' 00'' S 00'' W Z 40[deg] 00' 174[deg] 00' 00'' S 00'' W AA 40[deg] 00' 171[deg] 00' 00'' S 00'' W AB 46[deg] 00' 171[deg] 00' 00'' S 00'' W AC 55[deg] 00' 180[deg] 00' 00'' S 00'' AD 59[deg] 00' 160[deg] 00' 00'' S 00'' E AE 59[deg] 00' 152[deg] 00' 00'' S 00'' E and north along 152[deg] degrees of East longitude until intersecting the Australian 200 nauticalmile limit.
UTC means Universal Coordinated Time.
Vessel Monitoring System Unit or VMS unit means Administrator approved VMS unit hardware and software installed on a vessel and required under Sec. 300.45 as a component of the regional VMS administered by the FFA to transmit information between the vessel and the Administrator and/or other reporting points designated by NMFS.
3. In Sec. 300.32, paragraph (d) is revised to read as follows: Sec. 300.32 Vessel licenses.
* * * * *
(d) The number of available licenses is 45, five of which shall
only be available to fishing vessels of the United States engaged in
joint venture arrangements, specifically: vessels engaged in fishing
activity designed to promote maximization of the benefits generated for
the Pacific Island Parties from the operations of fishing vessels
licensed pursuant to the Treaty, as determined by the Administrator.
Such activity can include the use of canning, transshipment, vessel
slipping and repair facilities located in the Pacific island Parties;
the purchase of equipment and supplies, including fuel supplies, from
suppliers located in the Pacific Island Parties; and the employment of
nationals of the Pacific Island Parties on board such vessels. * * * * *
4. Section 300.34 is revised to read as follows: Sec. 300.34 Reporting requirements.
(a) Holders of licenses issued under Sec. 300.32 shall comply with
the reporting requirements of this section with respect to the licensed vessels.
(b) Any information required to be recorded, or to be notified,
communicated or reported pursuant to a requirement of these
regulations, they Act, or the Treaty shall be true, complete and
correct. Any change in circumstances that has the effect of rendering
any of the information provided false, incomplete or misleading shall be communicated immediately to the Regional Administrator.
(c) The operator of any vessel licensed under Sec. 300.32 must
prepare and submit accurate, complete, and timely notifications,
requests, and reports with respect to the licensed vessel, as described in paragraphs (c)(1) through (10) of this section.
(1) Catch report forms. A record of catch, effort and other
information must be maintained on board the vessel, on catch report
forms (also known as ``Regional Purse Seine Logsheets'', or RPLs)
provided by the Regional Administrator. At the end of each day that the
vessel is in the Licensing Area, all information specified on the form
must, for that day, be recorded on the form. The completed catch report
form must be mailed by registered airmail to the Administrator within
14 days of the vessel's next entry into port for the purpose of
unloading its fish catch. A copy of the completed catch report form
must also be submitted to, and received by, the Regional Administrator within 2 days of the vessel reaching port.
(2) Unloading and transshipment logsheet forms. At the completion
of any unloading or transshipment of fish from the vessel, all the
information specified on unloading and transshipment logsheet forms
provided by the Regional Administrator must, for that unloading or
transshipment, be recorded on such forms. A separate form must be
completed for each fish processing destination to which the unloaded or
transshipped fish are bound. The completed unloading and transshipment
logsheet form or forms must be mailed by registered airmail to the
Administrator within 14 days of the completion of the unloading or
transshipment. The submitted form must be accompanied by a report or
reports of the size breakdown of the catch as determined by the
receiver or receivers of the fish, and such report must be signed by
the receiver or receivers. A copy of the completed unloading and
transshipment logsheet, including a copy of the accompanying report or
reports of the size breakdown of the catch as determined by the
receiver or receivers of the fish, must also be submitted to, and
received by, the Regional Administrator within 2 days of the completion of the unloading or transshipment.
(3) Port departure reports. Before the vessel's departure from port
for the purpose of beginning a fishing trip in the Licensing Area, a
report must be submitted to the Administrator by telex, transmission
via VMS unit, facsimile, or email that includes the following
information: report type (``LBEG''); Regional Register number; trip
begin date; date and time (in UTC) of report; IRCS; port name; weight
of catch on board (in metric tons) for each of skipjack tuna, yellowfin
tuna, and all other species combined; intended action; and estimated
date of departure. This information must be reported in the format provided by the Regional Administrator.
(4) Entry into port for unloading reports. At least 24 hours before
the vessel's entry into port for the purpose of unloading fish from any trip involving fishing within the Licensing
[[Page 45761]]
Area, a report must be submitted to the Administrator by telex,
transmission via VMS unit, facsimile, or email that includes the
following information: report type (``LFIN''); FFA Regional Register
number; trip begin date; date and time (in UTC) of report; IRCS; port
name; weight of catch on board (in metric tons) for each of skipjack
tuna, yellowfin tuna, and all other species combined; intended action;
and estimated date and time (in UTC) of entry into port. This
information must be reported in the format provided by the Regional Administrator.
(5) Intent to transship notification and request. At least 48 hours
before transshipping any or all of the fish on board the vessel, a
notification must be submitted to the Administrator and a request must
be submitted to the Pacific Island Party in whose jurisdiction the
transshipment is requested to occur. The notification to the
Administrator and the request to the Pacific Island Party may be
identical. The notification and request must include the following
information: name of vessel; IRCS; vessel position (latitude and
longitude to nearest minute of arc); weight of catch on board the
vessel (in metric tons) for each of skipjack tuna, yellowfin tuna, and
all other species combined; and the date, time (in UTC), and location
where such transshipment is requested to occur. The notification to the
Administrator must be reported in the format provided by the Regional
Administrator and submitted by telex, transmission by VMS unit,
facsimile, or email. The request to the Pacific Island Party must be
reported in the format provided by the Regional Administrator and sent via the means and to the address provided by the Regional
Administrator.
(6) Zone entry and exit reports. Each time the vessel enters or
exits the waters under the jurisdiction of a Pacific Island Party, a
report must be submitted to that Pacific Island Party that includes the
following information: report type (``ZENT'' for entry or ``ZEXT'' for
exit); FFA Regional Register number; trip begin date; date and time (in
UTC) of the entry or exit; IRCS; vessel position (latitude and
longitude to nearest minute of arc); weight of catch on board (in
metric tons) for each of skipjack tuna, yellowfin tuna, and all other
species combined; and intended action. This information must be
reported in the format provided by the Regional Administrator and sent via the means and to the address provided by the Regional
Administrator.
(7) Weekly reports. Each Wednesday while the vessel is within the
waters under the jurisdiction of a Pacific Island Party, a report must
be submitted to that Pacific Island Party that includes the following
information: report type (``WEEK''); FFA Regional Register number; trip
begin date; date and time (in UTC) of report; IRCS; vessel position
(latitude and longitude to nearest minute of arc); weight of catch on
board (in metric tons) for each of skipjack tuna, yellowfin tuna, and
all other species combined; intended action; and whether or not there
is a vessel observer on board (``Y'' or ``N''). This information must
be reported in the format provided by the Regional Administrator and
sent via the means and to the address provided by the Regional Administrator.
(8) Port entry reports. At least 24 hours before the vessel's entry
into port of any Pacific Island Party, a report must be submitted to
that Pacific Island Party that includes the following information:
report type (``PENT''); FFA Regional Register number; trip begin date;
date and time (in UTC) of report; IRCS; vessel position (latitude and
longitude to nearest minute of arc); weight of catch on board (in
metric tons) for each of skipjack tuna, yellowfin tuna, and all other
species combined; estimated time (in UTC) of entry into port; port
name; and intended action. This information must be reported in the
format provided by the Regional Administrator and sent via the means and to the address provided by the Regional Administrator.
(9) Transshipment reports. Upon completion of transshipment of any
or all of the fish on board the vessel, a report must be submitted to
the Administrator and to the Pacific Island Party in whose jurisdiction
the transshipment occurred. The report must include the following
information: report type (``TRANS''); FFA Regional Register number;
trip begin date; date and time (in UTC) of the transshipment; IRCS;
vessel position at time of transshipment (latitude and longitude to
nearest minute of arc); amount of fish transshipped (in metric tons)
for each of skipjack tuna, yellowfin tuna, and all other species
combined; name of vessel to which the fish were transshipped; and the
destination of the transshipped fish. The report to the Administrator
must be reported in the format provided by the Regional Administrator
and submitted by telex, transmission by VMS unit, facsimile, or email.
The report to the Pacific Island Party must be reported in the format
provided by the Regional Administrator and sent via the means and to the address provided by the Regional Administrator.
(10) Other reports and notifications to Pacific Island Parties.
Reports and notifications must be submitted to the relevant Pacific
Island Parties in each of the circumstances and in the manner described
in the subparagraphs of this paragraph. Unless otherwise indicated in
this paragraph, the reports must be prepared in the format provided by
the Regional Administrator and sent via the means and to the address provided by the Regional Administrator.
(i) Australia.
(A) Each day while the vessel is within the Australian Fishing
Zone, a report must be submitted that includes the following
information: vessel position (latitude and longitude to nearest minute
of arc); and the amount of catch made during the previous day, by species.
(B) At least 24 hours before entering the Australian Fishing Zone,
a notification must be submitted that indicates an intent to enter the Australian Fishing Zone.
(ii) Fiji.
(A) Each day while the vessel is in Fiji fisheries waters, a report
must be submitted that includes the following information: vessel name;
IRCS; country of registration of the vessel; and vessel position at the
time of the report (latitude and longitude to nearest minute of arc).
(B) Each week while the vessel is in Fiji fisheries waters, a
report must be submitted that includes the amount of the catch made during the preceding week, by species.
(iii) Kiribati.
(A) At least 24 hours before entering a Closed Area under the
jurisdiction of Kiribati, a notification must be submitted that
includes the following information: vessel name; IRCS; vessel position
at the time of the report (latitude and longitude to nearest minute of
arc); the reason for entering the Closed Area; and the estimated time
(in UTC) of entry into the Closed Area (latitude and longitude to nearest minute of arc).
(B) Immediately upon entry into or exit from a Closed Area under
the jurisdiction of Kiribati, a report must be submitted that includes
the following information: report type (``CAENT'' for entry or
``CAEXT'' for exit); the number of the vessel's license issued under
Sec. 300.32; IRCS; date and time (in UTC) of the report; vessel
position (latitude and longitude to nearest minute of arc); amount of
the catch on board the vessel, by species; and status of the boom
(``up'' or ``down''), net (``deployed'' or ``stowed''), and skiff (``deployed'' or ``stowed'').
(C) At least 24 hours prior to fueling the vessel from a tanker in
the area of jurisdiction of Kiribati, a report must be submitted that
includes the following information: report type (``SBUNK''); the [[Page 45762]]
number of the vessel's license issued under Sec. 300.32; IRCS; trip
start date; name of port from which trip started; amount of the catc
FOR FURTHER INFORMATION CONTACT
Raymond P. Clarke, 808-944-2200.