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DOC/NOAA RIN: 0648-BJ23 Publication ID: Spring 2020 
Title: International Fisheries; Pacific Tuna Fisheries; Fish Aggregating Device and Silky Shark Restrictions in the Eastern Pacific Ocean 
Abstract:

National Marine Fisheries Service (NMFS) intends to implement binding resolutions under the Tuna Conventions Act and the Marine Mammal Protection Act to implement recently adopted Resolutions C-19-01 (Fish Aggregating Devices), C-19-05 (Silky Shark), and C-18-07 (Emergency Action Plan for Observers) of the Inter-American Tropical Tuna Commission (IATTC) and A-18-03 of the Agreement on the International Dolphin Conservation Program (AIDCP). This rulemaking action proposes to implement three elements in the Resolutions and is expected to make relatively minor revisions to existing regulations. First, the proposed rule would revise the FAD data collection requirements to relieve some of the reporting burden for captains of purse seine vessels. Second, the proposed rule would implement restrictions on retention of silky shark on longline vessels and increase flexibility for accidental retention on purse seine vessels. Third, the proposed rule would implement provisions of Resolutions C-18-07 and A-18-03 to strengthen protections for observers in longline and transshipment observer programs required by the IATTC and on purse seine vessels required by the AIDCP. The observer safety resolutions detail responsibilities for vessel owners and operators, responsibilities for IATTC and AIDCP members to which fishing vessels are flagged, responsibilities for members that have jurisdiction over ports, and responsibilities for observer providers. Most of the safety requirements in these resolutions are already required by the U.S. Coast Guard (USCG). This proposed rule is intended to fill the gaps between the existing USCG regulations and these resolutions. The new domestic implementing regulations in the proposed rule would apply to United States purse seine, longline, and transshipment vessels authorized to fish in the eastern Pacific Ocean, and impose relatively minor burdens.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 50 CFR 300   
Legal Authority: 16 U.S.C. 951 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/24/2020  85 FR 4250   
NPRM Comment Period End  02/24/2020 
Final Action  05/18/2020  85 FR 29666   
Final Action Effective  06/17/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Related RINs: Related to 0648-BI86 
Agency Contact:
Barry Thom
Regional Administrator, West Coast Region
Department of Commerce
National Oceanic and Atmospheric Administration
1201 NE Lloyd Boulevard, Suite 1100,
Portland, OR 97232
Phone:503 231-6266
Email: barry.thom@noaa.gov