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High Seas Fishing Permits
Proposed Rule to Revise High Seas Permitting Program
NOAA Fisheries published a proposed rule on April 13, 2015, to improve the administration of the High Seas Fishing Compliance Act (HSFCA) and the monitoring of U.S. fishing vessels operating on the high seas. The proposed rule includes adjustments to permitting and reporting procedures for all U.S. fishing vessels on the high seas.
It also includes requirements for the installation and operation of enhanced mobile transceiver units for vessel monitoring, carrying observers on vessels, reporting of transshipments taking place on the high seas, and protection of vulnerable marine ecosystems.
The proposed rule was prepared in a manner that minimizes duplication and ensures consistency with other established requirements applicable to U.S. vessels. The deadline to submit comments on the proposed rule is May 13, 2015.
The HSFCA, 16 U.S.C. 5501 et seq., was adopted in 1994 to implement the Food and Agriculture Organization of the United Nations (FAO) Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) . HSFCA requires, among other things, that U.S. vessels operating on the high seas possess a permit issued in accordance with Section 104 of the HSFCA and be marked for identification purposes. HSFCA also requires permit holders to report their fishing activities. The HSFCA prohibits use of high seas fishing vessels in contravention of international conservation and management measures recognized by the United States or in a manner that would violate a permit condition. A list of the international conservation and management measures recognized by the United States is published in the Federal Register from time to time in consultation with the Secretary of State, as required by section 5504(e) of the HSFCA. The last such notice was published on May 19, 2011 (76 Federal Register 28954).
High seas fishing regulations are found at 50 Code of Federal Regulations (CFR) Part 300, Subparts A and B. Fishing vessels operating on the high seas may also be subject to permit requirements and regulations, such as the following:
- Pacific Highly Migratory Species Fisheries – 50 CFR 660, Subpart K
- Eastern Pacific Tuna Fisheries – 50 CFR 300, Subpart C
- Atlantic Highly Migratory Species – 50 CFR 635
- Western Pacific Pelagic Fisheries – 50 CFR 665, Subpart F
- South Pacific Tuna Fisheries – 50 CFR 300, Subpart D
Vessels operating in the Northwest Atlantic trawl fisheries or the South Pacific albacore troll fisheries are required to obtain high seas fishing permits and comply with all applicable laws and regulations.
For questions on high seas fishing permits, please contact Mark Wildman (firstname.lastname@example.org).