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DOC/NOAA RIN: 0648-BM70 Publication ID: Fall 2024 
Title: International Fisheries; Pacific Tuna Fisheries; Fish Aggregating Device (FAD) Design Requirements and Cooperative Initiative FAD Retrieval Program in the Eastern Pacific Ocean 
Abstract:

In August 2023, the Inter-American Tropical Tuna Commission (IATTC) adopted by consensus two resolutions on fish-aggregating devices (FADs). The binding resolutions will be implemented by regulation under the Tuna Conventions Act, 16 USC 951 et seq. The following three provisions are expected to be included in the rulemaking. First, starting in January 2025, design and construction of any deployed or redeployed FADs shall be prohibited from using mesh net for any part of a FAD and shall only use non-entangling FAD materials and designs. Second, starting in January 2026, biodegradable materials would begin being incorporated into the design of deployed FADs using a phased approach of requiring specific components to be biodegradable. Third, the rule would encourage the commencement of recovery programs of drifting FADs through cooperative initiatives among fishing vessels and other vessels implementing recovery projects operating in the IATTC Convention Area. Without restricting regular fishing operations of purse seine vessels fishing with FADs, such recovery activities shall be limited to the collection of drifting FADs for final disposal and not to perform any type of maintenance or adjustment. Except for authorized tuna purse seine vessels, these vessels shall not deploy FADs. Drifting FADs collected under the voluntary recovery program shall be taken on board and brought to port for recycling or disposal. As of October 2023, 15 U.S. purse seine vessels are registered to fish in the IATTC Convention Area that would be impacted by these measures. Owners and operators of these vessels are anticipating this rulemaking in part because representatives participated in the IATTC Annual Meeting during which the resolutions were adopted. This action is necessary for the United States to satisfy its international obligations as a Member of the IATTC. This rule is not expected to trigger either opposition from any sector of the public or congressional interest. 

 
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 
CFR Citation: 50 CFR 300   
Legal Authority: 16 U.S.C. 951 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/19/2024  89 FR 58698   
NPRM Comment Period End  08/19/2024 
Final Action  12/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  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 
Agency Contact:
Jennifer Quan
Regional Administrator - West Coast Region
Department of Commerce
National Oceanic and Atmospheric Administration
DC 20230
Phone:562 980-4001
Email: jennifer.quan@noaa.gov