FR 2024-28466

Overview

Title

International Fisheries; Pacific Tuna Fisheries; Fish Aggregating Device Design and Reporting Requirements in the Eastern Pacific Ocean

Agencies

ELI5 AI

The government says boats that catch fish must use special toys in the ocean made from safe and friendly materials by 2029 to help the ocean stay clean and happy. These toys help fishermen catch fish but need to be checked and reported, so they know everything is being done right.

Summary AI

The National Marine Fisheries Service (NMFS) has implemented new regulations to improve fish aggregating device (FAD) management in the eastern Pacific Ocean. These regulations require FADs to be made with non-entangling and biodegradable materials, aiming to reduce marine pollution. By 2025, non-entangling material must be used, and by 2029, both surface and subsurface parts of FADs must be fully biodegradable. Vessel owners must report data on recovered FADs unless an observer has already collected the information.

Abstract

NMFS is issuing and modifying regulations under the Tuna Conventions Act (TCA) of 1950, as amended, to implement two Resolutions adopted at the 101st Meeting of the Inter-American Tropical Tuna Commission (IATTC) in August 2023. These Resolutions include Resolution C-23-03 (Amendment to Resolution C-99-07 on Fish Aggregating Devices) and Resolution C-23-04 (On the Design and Biodegradability of Drifting Fish Aggregating Devices (DFADs) in the IATTC Area of Competence). This final rule modifies regulations for the design of fish aggregating devices (FADs) in the eastern Pacific Ocean (EPO) to require that they be designed with non-entangling and biodegradable materials. The rule also requires that vessel owners and operators collect data related to the recovery, disposal, or recycling of FADs and submit these data to the IATTC, unless the information is already collected and submitted to the IATTC by an observer.

Type: Rule
Citation: 89 FR 96906
Document #: 2024-28466
Date:
Volume: 89
Pages: 96906-96910

AnalysisAI

The National Marine Fisheries Service (NMFS) has announced new regulations targeting the design and management of Fish Aggregating Devices (FADs) used in the eastern Pacific Ocean. These new rules are part of an effort to adhere to international resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC). The regulations mandate that FADs incorporate non-entangling and biodegradable materials, aiming to lessen their environmental impact. The requirements roll out in phases, with non-entangling materials becoming mandatory by January 2025 and fully biodegradable FADs required by January 2029.

General Summary

This document outlines a legal framework for transitioning to environmentally friendly fishing practices. It focuses on FADs, which are floating objects designed to attract fish, and the new standards for their construction and use. The ultimate goal is to mitigate the negative effects that traditional FADs have on marine environments, chiefly marine pollution and unintended catches. By enforcing new material requirements, these regulations aim to make fishing practices more sustainable with an eye toward long-term ecological health.

Significant Issues and Concerns

Several important issues arise from the implementation of this rule. First, the technical language and specific references to international standards could pose comprehension challenges for members of the fishing community who are unfamiliar with this jargon. Furthermore, implementing these new requirements may lead to increased costs, which could disproportionately affect small fishing businesses. Although the NMFS acknowledges potential financial burdens, detailed cost data and industry feedback are not fully elaborated in the document.

There is also an acknowledgment of uncertainty regarding how the shift to biodegradable materials might impact profitability and competitiveness in the fishing industry. While the document assumes that the regulations will have a minimal economic impact, it lacks comprehensive analysis to support these claims, particularly for smaller entities that might find compliance more challenging.

Impact on the Public

For the broader public, these regulations signal a positive step toward reducing marine pollution and protecting ocean ecosystems. The move aligns with larger global trends focusing on sustainability and environmental stewardship. However, the benefits may not be immediately apparent, and broader public awareness of these changes might be limited if not effectively communicated.

Impact on Specific Stakeholders

Fishing Industry: The industry might face increased operational costs and logistical challenges due to the new requirements. Larger companies could better absorb these costs, whereas smaller operations might struggle to adapt. The regulations require reporting on FAD recovery, which could incur additional time and labor, particularly when observers are not present.

Environmental Organizations: These groups will likely view the regulations favorably, as they aim to mitigate the detrimental environmental impacts of traditional fishing practices. The commitment to non-entangling and biodegradable materials aligns with conservation goals and could set a precedent for other regions and fisheries.

Overall, while the regulations aim to foster sustainable fishing practices and reduce environmental impact, they could create economic and operational challenges, particularly for smaller fishery operators. Effective communication, outreach, and potential support or incentives might be necessary to ensure that all stakeholders can adapt to and support these positive changes.

Issues

  • • The document contains complex language and technical terminology related to fish aggregating devices (FADs) that may not be easily understood by all stakeholders or the general public.

  • • Although the rule is intended to reduce marine pollution by requiring biodegradable and non-entangling materials, the implementation timelines and requirements might impose additional costs on the fishing industry, particularly small businesses, which is mentioned as an uncertainty.

  • • The document mentions the costs associated with transitioning to biodegradable FADs but acknowledges potential underestimated costs without providing concrete figures or data from industry feedback.

  • • There is an assumption that the regulation will not significantly impact the competitiveness or profitability of the fishing industry, however, the document also acknowledges some level of uncertainty in the estimate projections, which may be substantiated further.

  • • The document includes specific references to international standards (ASTM D6691, ASTM D7881, and TUV Austria) which might not be familiar to all readers without further explanation or context. This could make compliance more challenging for stakeholders unfamiliar with these standards.

  • • Public reporting requirements, while updated from initial estimates, may still impose unforeseen operational burdens if information has to be manually collected without observers and the potential need for vessel owners to adjust their operations significantly.

  • • There is no explicit discussion or analysis of potential environmental impacts other than the reduction of marine pollution, which could help stakeholders better understand the benefits of the proposed changes.

  • • The document references consultation with U.S. large purse seine vessels and associated industries but lacks details on outreach or feedback from smaller fishing operations which might also be affected by the regulations.

Statistics

Size

Pages: 5
Words: 4,469
Sentences: 135
Entities: 274

Language

Nouns: 1,431
Verbs: 420
Adjectives: 262
Adverbs: 66
Numbers: 154

Complexity

Average Token Length:
5.11
Average Sentence Length:
33.10
Token Entropy:
5.65
Readability (ARI):
22.92

Reading Time

about 17 minutes