Fish Aggregating Device Design and Reporting Requirements in the Eastern Pacific Ocean

NMFS announces 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 requires purse seine vessel owners and operators to follow new FAD design requirements for non-entangling and biodegradable FADs deployed or redeployed in the IATTC Convention Area. Specifically, as of January 1, 2025, the final rule requires FADs to meet non-entangling design requirements. Beginning January 1, 2026, it requires standards for biodegradable materials in either the surface or subsurface components of FADs. By 2029, it will require operators to meet standards for biodegradable materials in both the surface and subsurface parts of FADs.

The final rule also clarifies that vessels and vessel operators may prevent the loss or stranding of FADs by engaging in recovery activities that are limited to the collection of FADs for final disposal or recycling. The rule continues to prohibit vessels that do not engage in purse seine fishing but tend to use FADs in support of tuna fishing operations (i.e., tender vessels). The rule also implements a reporting requirement for information associated with recovered FADs, unless that information is already reported by an observer.

This rule is necessary for the United States to satisfy its obligations as a member of the IATTC.