International Fisheries; Pacific Tuna Fisheries; 2021 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean
| Published date | 05 January 2021 |
| Citation | 86 FR 279 |
| Record Number | 2020-28999 |
| Section | Proposed rules |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 86 Issue 2 (Tuesday, January 5, 2021)
[Federal Register Volume 86, Number 2 (Tuesday, January 5, 2021)]
[Proposed Rules]
[Pages 279-284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28999]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 /
Proposed Rules
[[Page 279]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 201223-0353]
RIN 0648-BJ26
International Fisheries; Pacific Tuna Fisheries; 2021 Commercial
Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific
Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS is proposing regulations under the Tuna Conventions Act
of 1950, as amended (TCA), to implement Inter-American Tropical Tuna
Commission (IATTC) Resolution C-20-02 (``Measures for the Conservation
and Management of Bluefin Tuna in the Eastern Pacific Ocean, 2021'').
This proposed rule would implement annual limits on commercial catch of
Pacific bluefin tuna (Thunnus orientalis) in the eastern Pacific Ocean
(EPO) for 2021. This action is necessary to conserve Pacific bluefin
tuna and for the United States to satisfy its obligations as a member
of the IATTC.
DATES: Comments on the proposed rule and supporting documents must be
submitted in writing by February 4, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0163, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0163, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Celia Barroso, NMFS West
Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2020-0163'' in the
comments.
Instructions: Comments must be submitted by one of the above
methods to ensure they are received, documented, and considered by
NMFS. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. All comments received are a part of the public record and
will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address, etc.) submitted voluntarily by the sender will be publicly
accessible. Do not submit confidential business information, or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS West Coast Region Long Beach
Office and to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Copies of the draft Regulatory Impact Review (RIR) and other
supporting documents are available via the Federal eRulemaking Portal:
http://www.regulations.gov, docket NOAA-NMFS-2020-0163 or contact the
Highly Migratory Species Branch Chief, Lyle Enriquez, 501 W. Ocean
Blvd., Suite 4200, Long Beach, CA 90802, or [email protected].
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 562-432-1850,
[email protected].
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
in 1949 and operates under the Convention for the Strengthening of the
Inter-American Tropical Tuna Commission Established by the 1949
Convention between the United States of America and the Republic of
Costa Rica (Antigua Convention). See: https://www.iattc.org/PDFFiles/IATTC-Instruments/_English/IATTC_Antigua_Convention%20Jun%202003.pdf.
The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC facilitates scientific research into, as well
as the conservation and management of, tuna and tuna-like species in
the IATTC Convention Area (Convention Area). The Convention Area is
defined as waters of the EPO within the area bounded by the west coast
of the Americas and by 50[deg] N latitude, 150[deg] W longitude, and
50[deg] S latitude. The IATTC maintains a scientific research and
fishery monitoring program, and regularly assesses the status of tuna,
shark, and billfish stocks in the EPO to determine appropriate catch
limits and other measures to promote sustainable fisheries and prevent
overexploitation.
International Obligations of the United States Under the Convention
As a Party to the Antigua Convention and a member of the IATTC, the
United States is legally bound to implement decisions of the IATTC. The
Tuna Conventions Act (16 U.S.C. 951 et seq.) directs the Secretary of
Commerce, in consultation with the Secretary of State and, with respect
to enforcement measures, the U.S. Coast Guard, to promulgate such
regulations as may be necessary to carry out the United States'
obligations under the Antigua Convention, including recommendations and
decisions adopted by the IATTC. The authority of the Secretary of
Commerce to promulgate such regulations has been delegated to NMFS.
Pacific Bluefin Tuna Stock Status
In 2011, NMFS determined overfishing was occurring on Pacific
bluefin tuna (76 FR 28422, May 17, 2011), which is considered a single
Pacific-wide stock. Based on the results of a 2012 stock assessment
conducted by the International Scientific Committee for Tuna and Tuna-
like Species in the North Pacific Ocean (ISC), NMFS determined that
Pacific bluefin tuna was not only subject to overfishing, but was also
overfished (78 FR 41033, July 9, 2013). Subsequently, based on the
results of the 2014, 2016, and 2018 ISC stock assessments, NMFS
[[Page 280]]
determined that Pacific bluefin tuna continued to be overfished and
subject to overfishing (80 FR 12621, March 10, 2015; 82 FR 18434, April
19, 2017; 84 FR 19905, May 7, 2019). The ISC completed a stock
assessment in July 2020, which showed that the stock continues to be
overfished and subject to overfishing when compared to commonly used
reference points.
Pacific Bluefin Tuna Resolutions
Recognizing the need to reduce fishing mortality of Pacific bluefin
tuna, the IATTC has adopted catch limits in the Convention Area since
2012 (see the final rules implementing Resolution C-14-06, Resolution
C-16-08, and Resolution C-18-01 and Resolution C-18-02 for more
information on previous management measures (80 FR 38986, July 8, 2015;
82 FR 18704, April 21, 2017; 84 FR 18409, May 1, 2019)). At its 95th
Meeting in December 2020, the IATTC adopted Resolution C-20-02.
Resolution C-20-02 is consistent with the recommendations of the IATTC
Scientific Advisory Committee that the Commission ``[e]xtend the
provisions of Resolution C-18-01 through 2021''; and, although
applicable for 2021 only, is consistent with the IATTC staff
recommendation that the Commission ``[e]xtend the provisions of
Resolution C-18-01 through 2021-2022.'' Resolution C-20-02 establishes
catch limits and reporting requirements for 2021. This resolution was
approved by the Secretary of State, prompting implementation by NMFS in
this rulemaking.
Since 2016, the IATTC and the Northern Committee (NC) to the
Western and Central Pacific Fisheries Commission (WCPFC) have held
annual joint working group meetings intended to develop a Pacific-wide
approach to management of Pacific bluefin tuna. Conservation measures
adopted by the IATTC and WCPFC have considered the recommendations of
the Joint IATTC-WCPFC NC Working Group (Joint WG). Joint WG
recommendations have included rebuilding targets and criteria that must
be met before considering increased catch limits. At its 5th meeting
held October 6-7 (Japan Standard Time), 2020, the Joint WG recommended
the IATTC and WCPFC continue measures in effect for 2020 into 2021.
Subsequently, the IATTC considered the Joint WG recommendation when it
adopted Resolution C-20-02.
Similar to previous IATTC resolutions on Pacific bluefin tuna, the
main objective of Resolution C-20-02 is to reduce overfishing and to
rebuild the stock by setting limits on commercial catch in the IATTC
Convention Area during 2021. Resolution C-20-02 establishes an annual
limit of 425 metric tons (mt) for U.S. commercial vessels in 2021.
Pacific Fishery Management Council (PFMC) Recommendations for the
Implementation of C-20-02
In 2017, NMFS implemented the catch limits in Resolution C-16-08
with a 25-mt trip limit until catch was within 50 mt of the annual
limit (i.e., the annual limit was 425 mt in 2017) and a 2-mt trip limit
when catch was within 50 mt of the annual limit (82 FR 18704, April 21,
2017). However, the catch rate was more rapid than anticipated, which
caused the annual limit to be exceeded before the fishery was closed on
August 28, 2017 (82 FR 40720). This series of events prompted NMFS and
the PFMC to reconsider management measures for 2018, as well as 2019-
2020, to avoid exceeding catch limits. In 2018, NMFS implemented a 1-mt
Pacific bluefin tuna trip limit applicable to commercial U.S. vessels,
except large-mesh drift gillnet vessels, which were subject to a 2-mt
trip limit (83 FR 13203, March 28, 2018). For 2019-2020, NMFS
implemented C-18-01 with a 15-mt trip limit until catch was within 50
mt of the annual limit (i.e., the annual limit was 425 mt in 2019) and
a 2-mt trip limit when catch was within 50 mt of the annual limit (84
FR 18409, May 1, 2019). NMFS also included three additional elements
when implementing C-18-01: (1) Required purse seine vessels to notify
NMFS 24 hours in advance of departing on a trip in order to retain or
land more than 2 mt of Pacific bluefin tuna (pre-trip notification);
(2) required that Pacific bluefin tuna landings in California be
reported within 24 hours of landing using the California electronic
landing receipt (e-ticket) reporting system; and (3) required that NMFS
take inseason action by posting on the NMFS website and U.S. Coast
Guard Notice to Mariners radio broadcast, followed by a Federal
Register notice as soon as practicable.
In 2019 and 2020, NMFS hosted Pacific bluefin tuna stakeholder
meetings. Attendees expressed concerns about the pre-trip notification
and trip limit implemented in 2019-2020. Attendees considered the pre-
trip notification burdensome. Attendees were also concerned that NMFS
may take inseason action based an assumption that 15 mt of Pacific
bluefin tuna would be caught on each trip noticed, which led to an
overestimation of catch in 2019 resulting in a premature reduction in
the trip limit to 2 mt. The pre-trip notification did not appear to
accurately predict catch. Purse seine stakeholders have also noted that
the 15-mt trip limit is too low because Pacific bluefin tuna schools
are larger than 15 mt.
At its November 2020 meeting, the PFMC made recommendations for
implementing catch limits established in Resolution C-20-02 for 2021.
Because the Joint WG recommendations were expected to be adopted by the
IATTC and WCPFC at their upcoming meetings, NMFS was able to anticipate
the upcoming U.S. commercial catch limit. NMFS received Council input
on domestic implementation at its November meeting before the IATTC met
and adopted Resolution C-20-02. At the November 2020 PFMC meeting, the
Highly Migratory Species Advisory Subpanel (HMSAS) and Management Team
(HMSMT) raised concerns regarding the pre-trip notification that align
with those raised during stakeholder meetings described above. The
Council considered the HMSAS and HMSMT statements when it recommended
eliminating the current pre-trip notification requirement while
maintaining the e-ticket requirement and inseason action procedures. In
addition, the Council recommended the following applicable to trip
limits in 2021:
Set an initial trip limit of 20 mt.
January-March: If cumulative catch reaches 250 mt, then
the trip limit is reduced to 15 mt; and if cumulative catch reaches 325
mt, then the trip limit is reduced to 2 mt for the remainder of the
year or until the annual catch limit is met.
April-June: If cumulative catch reaches 275 mt, then the
trip limit is reduced to 15 mt; and if cumulative catches reach 350 mt,
then the trip limit is reduced to 2 mt for the remainder of the year or
until the annual catch limit is met.
July-September: If cumulative catch reaches 300 mt, then
the trip limit is reduced to 15 mt; and if cumulative catch reaches 375
mt, then the trip limit is reduced 2 mt for the remainder of the year
or until the annual catch limit is met.
October-December: If cumulative catch reaches 325 mt, then
the trip limit is reduced to 15 mt; and if cumulative catch reaches 375
mt, then the trip limit is reduced to 2 mt for the remainder of the
year or until the annual catch limit is met.
Pacific Bluefin Tuna Catch History
While Pacific bluefin tuna catch by U.S. commercial vessels fishing
in the Convention Area exceeded 1,000 mt per year in the early 1990s,
annual catches
[[Page 281]]
have remained below 500 mt for more than a decade. Since 2010, catches
have ranged from 1 to 487 mt with an annual average of 186 mt. Average
annual Pacific bluefin tuna landings by U.S. commercial vessels fishing
in the Convention Area from 2011 to 2015 represent only 1 percent of
the average annual landings of Pacific bluefin tuna for all fleets
fishing in the Convention Area. For information on Pacific bluefin tuna
harvests in the Convention Area through 2019, see http://isc.fra.go.jp/fisheries_statistics/index.html; for preliminary information for 2020,
see http://www.iattc.org/CatchReportsDataENG.htm; additionally,
preliminary data in the Pacific Fisheries Information Network estimate
2020 catch to be approximately 210 mt.
Proposed Regulations for Pacific Bluefin Tuna for 2021
This proposed rule would establish catch and trip limits for U.S.
commercial vessels that catch Pacific bluefin tuna in the Convention
Area, and landing receipt submission deadlines for 2021. In 2021, the
catch limit for the entire U.S. fleet would be 425 mt.
In 2021, NMFS would impose an initial trip limit of 20 mt. If
cumulative catch reaches certain amounts depending on the quarter of
the year, NMFS would impose an intermediate 15 mt trip limit, and a low
2 mt trip limit through the end of the year, or until the annual catch
limit is met and the fishery is closed, as follows:
January-March: If cumulative catch reaches 250 mt, then
the trip limit is reduced to 15 mt; and if cumulative catch reaches 325
mt, then the trip limit is reduced to 2 mt for the remainder of the
year or until the annual catch limit is met and the fishery is closed.
April-June: If cumulative catch reaches 275 mt, then the
trip limit is reduced to 15 mt; and if cumulative catch reaches 350 mt,
then the trip limit is reduced to 2 mt for the remainder of the year or
until the annual catch limit is met and the fishery is closed.
July-September: If cumulative catch reaches 300 mt, then
the trip limit is reduced to 15 mt; and if cumulative catch reaches 375
mt, then the trip limit is reduced 2 mt for the remainder of the year
or until the annual catch limit is met and the fishery is closed.
October-December: If cumulative catch reaches 325 mt, then
the trip limit is reduced to 15 mt; and if cumulative catch reaches 375
mt, then the trip limit is reduced to 2 mt for the remainder of the
year or until the annual catch limit is met and the fishery is closed.
Under California law and regulations, electronic landing receipts
(i.e., e-tickets) are required for landings in California and are
required to be submitted to the California Department of Fish and
Wildlife within three business days (see California Fish and Game Code
section 8046 and 14 California Code of Regulations section 197). Under
this proposed rule, e-tickets would be required to be submitted within
24 hours if any Pacific bluefin tuna is included in a landing into
California. This accelerated submission deadline is required in order
to better monitor catch limits.
NMFS would estimate when the overall catch is expected to reach the
thresholds to reduce the trip limit (i.e., from 20 mt to 15 mt, or from
15 mt to 2 mt) or the annual limit based on available fishery
information, such as landing receipts. NMFS would then make decisions
on inseason actions based on those estimates. NMFS would encourage
owners or operators of purse seine vessels to call NMFS at 562-432-1850
in advance of landing with an estimate of how much Pacific bluefin tuna
was caught on the trip.
Inseason Action Announcements
Inseason actions to reduce trip limits would be imposed by NMFS,
effective upon the time and date that would appear in a notice on the
NMFS website (https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status). Inseason
actions would also be announced over a United States Coast Guard (USCG)
Notice to Mariners broadcast three times per day for 4 days on USCG
channel 16 VHF. NMFS would then publish a notice of the reduced trip
limit in the Federal Register as soon as practicable.
In 2021, if NMFS determines that cumulative catch is expected to be
250 mt during January-March, 275 mt during April-June, 300 mt during
July-September, or 325 mt during October-December (based on landing
receipts, or other available information), a 15-mt trip limit would be
imposed by NMFS using the inseason action procedures described above.
In 2021, if NMFS determines that cumulative catch is expected to be
325 mt during January-March, 350 mt during April-June, or 375 mt during
July-December, a 2-mt trip limit would be imposed by NMFS using the
inseason action procedures described above.
When NMFS determines that the annual catch limit is expected to be
reached in 2021 (based on landings receipts or other available fishery
information), NMFS would prohibit United States commercial fishing
vessels from targeting, retaining, transshipping or landing Pacific
bluefin tuna captured in the Convention Area for the remainder of the
calendar year (i.e., fishery closure). NMFS would provide a notice on
the NMFS website and the USCG would provide a Notice to Mariners three
times per day for 4 days on USCG channel 16 VHF announcing that
targeting, retaining, transshipping or landing of Pacific bluefin tuna
captured in the Convention Area will be prohibited on a specified
effective time and date through the end of that calendar year. Upon
that effective date, a commercial fishing vessel of the United States
may not be used to target, retain on board, transship, or land Pacific
bluefin tuna captured in the Convention Area. However, any Pacific
bluefin tuna already on board a fishing vessel on the effective date
could be retained on board, transshipped, and/or landed within 14 days
of the effective date, to the extent authorized by applicable laws and
regulations. NMFS would then publish a notice of the fishery closure in
the Federal Register as soon as practicable. In the event the trip
limit was reduced early or the fishery was closed due to an
overestimation of catch, NMFS could reverse immediately the prior
inseason action to increase the trip limit or re-open the fishery after
landing receipts have been received and the landed catch quantity
confirmed. NMFS would announce these actions on the NMFS website and by
USCG Notice to Mariners on USCG channel 16 VHF.
Proposed Catch Reporting
NMFS would provide updates on Pacific bluefin tuna catches in the
Convention Area to the public via the NMFS website: https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status. NMFS would update the NMFS
website provided the updates do not disclose confidential information
(in accordance with Magnuson-Stevens Fishery Conservation and
Management Act section 402(b), 16 U.S.C. 1881a(b)). These updates are
intended to help participants in the U.S. commercial fishery plan for
reduced trip limits and attainment of the annual limits.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act and other applicable
laws, subject to further consideration after public comment.
[[Page 282]]
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. Under the Regulatory Flexibility Act (RFA), the SBA defines a
``small business'' (or ``small entity'') as one with annual revenue
that meets or is below an established size standard. On December 29,
2015, NMFS issued a final rule establishing a small business size
standard of $11 million in annual gross receipts for all businesses
primarily engaged in the commercial fishing industry (NAICS 11411) for
RFA compliance purposes only (80 FR 81194). The $11 million standard
became effective on July 1, 2016, and is to be used in place of the
U.S. SBA current standards of $20.5 million, $5.5 million, and $7.5
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and
other marine fishing (NAICS 114119) sectors of the U.S. commercial
fishing industry in all NMFS rules subject to the RFA after July 1,
2016. Id. at 81194.
The 85 small entities the proposed action would directly affect are
all U.S. commercial fishing vessels that may target (e.g., coastal
pelagic purse seine vessels) or incidentally catch (e.g., drift gillnet
vessels) Pacific bluefin tuna in the Convention Area; however, not all
vessels that have participated in this fishery decide to do so every
year, with annual participation as low as 8 vessels. These vessels are
characterized in greater detail below. U.S. commercial catch of Pacific
bluefin tuna from the IATTC Convention Area is primarily made in waters
off of California by the coastal pelagic small purse seine fleet, which
targets Pacific bluefin tuna opportunistically, and other fleets (e.g.,
California large-mesh drift gillnet, surface hook-and-line, west coast
longline, and Hawaii's pelagic fisheries) that catch Pacific bluefin
tuna in small quantities, such as incidentally.
Since 2006, the average annual revenue per vessel from all finfish
fishing activities for the U.S. purse seine fleet that have landed
Pacific bluefin tuna has been less than $11 million, whether
considering an individual vessel or per vessel average. From 2015-2019,
purse seine vessels that caught Pacific bluefin tuna had an average ex-
vessel revenue of about $986,000 per vessel per year in inflation-
adjusted 2019 dollars (based on all species landed). Annually, from
2015 to 2019, the number of small coastal pelagic purse seine vessels
that landed Pacific bluefin tuna to the U.S. West Coast ranged from
five to nine. Table 1 below summarizes the number of coastal purse
seine vessels landing Pacific bluefin tuna in each year 2015-2019,
along with total annual landings and revenues.
Table 1--Number of Small Coastal Purse Seine Vessels Landing Pacific Bluefin Tuna to the U.S. West Coast, Along
With Annual Landings and Revenues From Pacific Bluefin Tuna, 2015-2019
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Number of Ex-vessel
Year vessels Landings (mt) revenue
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2015............................................................ 5 86.4 $74,806
2016............................................................ 5 315.7 351,767
2017............................................................ 8 466.4 516,135
2018............................................................ 8 11.5 11,378
2019............................................................ 9 226.1 258,937
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Note: Landings and ex-vessel revenue are for all small coastal purse seine vessels that landed Pacific bluefin
tuna in the year. Source Pacific Fisheries Information Network.
The revenue derived from Pacific bluefin tuna is 2.4 percent of the
overall revenue for coastal pelagic purse seine vessels that landed
Pacific bluefin tuna (annually from 2015-2019), with the majority of
revenue in recent years from Pacific sardine, market squid, and to a
lesser extent yellowfin tuna. Since implementing a 25 mt trip limit
(i.e., since 2015), average catch was 11.2 mt per trip. 35 of 96 trips
(i.e., 36 percent) conducted by purse seine vessels landing Pacific
bluefin tuna from 2015-2019 exceeded 15 mt. Vessels meeting the trip
limit before completion of a trip or fishing after the trip limit is
reduced to 2 mt will likely shift their focus and target other species,
such as yellowfin tuna, if available, or coastal pelagic species. This
rule is not expected to impose any direct regulatory costs on pelagic
purse seine vessels, although vessels would face indirect operational
costs if they approach the trip limits or the total catch approaches
the annual limit. Because this rule is expected to affect about one
third of trips of a fishery that accounts for about 2 percent of annual
revenues, there is not expected to be a significant negative impact to
profitability. Revenues and costs, and corresponding profitability, of
coastal purse seine vessels are not expected to be significantly
altered as a result of this rule, which is applicable to 2021 only.
Since 2006, the average annual revenue per vessel from all finfish
fishing activities for the U.S. fleet with landings of Pacific bluefin
tuna in small quantities, such as from incidental catch or hook-and-
line, has been less than $11 million. These vessels include drift
gillnet, surface hook-and-line, and longline gear-types. The revenues
of these vessels are also not expected to be significantly altered by
the rule. From 2015 to 2019, between 7 and 14 drift gillnet vessels, 40
to 80 surface hook-and-line vessels, and 1 longline vessel landed
Pacific bluefin tuna. During these years, vessels with gears other than
purse seine landed an annual average of 35.2 mt of Pacific bluefin
tuna, worth approximately $290,735. Of these landings, only two trips
out of approximately 1,450 over 5 years exceeded 2 mt of incidental
Pacific bluefin tuna catch, and three additional trips were within 25
percent of the limit. The four vessels who took these five trips close
to or in excess of the 2 mt limit would be most likely to be impacted
by this rule; however, these trips represented less than 1 percent of
these vessels' average annual revenue from all species. As a result, it
is anticipated that proposed reduced trip limits will not have a
significant impact on these vessels. If the fishery is closed before
the end of the calendar year, regulatory discards by these fleets are
likely. Such a scenario would result in a greater impact to the fleet
that catches Pacific bluefin tuna in small quantities, as opposed to
the coastal purse seine fleet, which would simply cease targeting of
Pacific bluefin tuna. This
[[Page 283]]
could result in a greater conservation benefit for the overfished
Pacific bluefin stock.
Although there are no disproportionate impacts between small and
large business entities because all affected business entities are
small, the impacts among the different types of vessel business
entities will be different. Implementation of the reduced trip limit
for an entire calendar year in this proposed action would impose a
greater economic impact on the U.S. coastal purse seine fleet. Prior to
the implementation of a 25-mt trip limit in 2015, these vessels landed
an average of 41 mt per trip, and were capable of landing over 70 mt in
a single trip (based on landings from purse seine vessels landing
Pacific bluefin tuna in the EPO from 2011-2014). It is possible that
the affected vessels will not target Pacific bluefin tuna if the trip
limit is 2 mt or less; however, as observed in 2018 while the trip
limit was restricted to 1 mt for purse seine vessels, some purse seine
vessels did land Pacific bluefin tuna in small quantities. A total of
425 mt is available to U.S. vessels in 2021.
Pursuant to the RFA and NMFS' December 29, 2015, final rule (80 FR
81194), this certification was developed using NMFS' revised size
standards. NMFS considers all entities subject to this action, which
based on recent participation ranges from 8 to 85 because participation
fluctuates substantially from year-to-year, to be small entities as
defined by both the former, lower size standards and the revised size
standards. Because each affected vessel is a small business, there are
no disproportional affects to small versus large entities. Based on
profitability analysis above, the proposed action, if adopted, will not
have significant adverse economic impacts on these small business
entities. As a result, an initial regulatory flexibility analysis is
not required and was not prepared for this proposed rule.
This proposed rule contains revisions to a collection-of-
information requirement subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). These revisions have been submitted to
OMB for approval. This rule revises the existing requirements for the
collection of information 0648-0778 by removing the pre-trip
notification requirement. This reduces the number of respondents and
anticipated number of responses, reducing the burden by an estimated
4.55 hours. Public reporting burden for e-ticket submission is
estimated to average 0 hours because the submission will already be
required by the California Code of Regulations. The voluntary pre-
landing notification is estimated to average 2.55 hours, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspects of the collection of information at
www.reginfo.gov/public/do/PRAMain.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: December 28, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300 is
proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Eastern Pacific Tuna Fisheries
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1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
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2. In Sec. 300.24, revise paragraph (u) to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(u) Use a United States commercial fishing vessel in the Convention
Area to target, retain on board, transship, or land Pacific bluefin
tuna in contravention of Sec. 300.25(g)(2) through (4) and (g)(7).
* * * * *
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3. In Sec. 300.25, revise paragraph (g) to read as follows:
Sec. 300.25 Fisheries management.
* * * * *
(g) Pacific bluefin tuna (Thunnus orientalis) commercial catch
limits in the eastern Pacific Ocean for 2021. The following is
applicable to the U.S. commercial fishery for Pacific bluefin tuna in
the Convention Area in the year 2021.
(1) All commercial fishing vessels of the United States combined
may capture, retain, transship, or land no more than 425 metric tons.
(2) A 20-metric ton trip limit will be in effect until any of the
following criteria are met:
(i) If NMFS anticipates cumulative catch will reach 250 metric tons
during January through March, a 15-metric ton trip limit will be in
effect upon the effective date provided in the actual notice, in
accordance with paragraph (g)(6) of this section. If NMFS anticipates
cumulative catch will reach 325 metric tons during January through
March, a 2-metric ton trip limit will be in effect upon the effective
date provided in the actual notice, in accordance with paragraph (g)(6)
of this section.
(ii) If NMFS anticipates cumulative catch will reach 275 metric
tons during April through June, a 15-metric ton trip limit will be in
effect upon the effective date provided in the actual notice, in
accordance with paragraph (g)(6) of this section. If NMFS anticipates
cumulative catch will reach 350 metric tons during April through June,
a 2-metric ton trip limit will be in effect upon the effective date
provided in the actual notice, in accordance with paragraph (g)(6) of
this section.
(iii) If NMFS anticipates cumulative catch will reach 300 metric
tons during July through September, a 15-metric ton trip limit will be
in effect upon the effective date provided in the actual notice, in
accordance with paragraph (g)(6) of this section. If NMFS anticipates
cumulative catch will reach 375 metric tons during July through
September, a 2-metric ton trip limit will be in effect upon the
effective date provided in the actual notice, in accordance with
paragraph (g)(6) of this section.
(iv) If NMFS anticipates cumulative catch will reach 325 metric
tons during October through December, a 15-metric ton trip limit will
be in effect upon the effective date provided in the actual notice, in
accordance with paragraph (g)(6) of this section. If NMFS anticipates
cumulative catch will reach 375 metric tons during October through
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December, a 2-metric ton trip limit will be in effect upon the
effective date provided in the actual notice, in accordance with
paragraph (g)(6) of this section.
(3) After NMFS determines that the catch limit under paragraph
(g)(1) of this section is expected to be reached, NMFS will close the
fishery effective upon the date provided in the actual notice, in
accordance with paragraph (g)(6) of this section. Upon the effective
date in the actual notice, targeting, retaining on board,
transshipping, or landing Pacific bluefin tuna captured in the
Convention Area shall be prohibited as described in paragraph (g)(4) of
this section.
(4) Beginning on the date provided in the actual notice of the
fishing closure announced under paragraph (g)(3) of this section, a
commercial fishing vessel of the United States may not be used to
target, retain on board, transship, or land Pacific bluefin tuna
captured in the Convention Area through the end of the calendar year.
Any Pacific bluefin tuna already on board a fishing vessel on the
effective date of the notice may be retained on board, transshipped,
and/or landed within 14 days after the effective date published in the
fishing closure notice, to the extent authorized by applicable laws and
regulations.
(5) If an inseason action taken under paragraph (g)(2), (3), or (4)
of this section is based on overestimate of actual catch, NMFS will
reverse that action in the timeliest possible manner, provided NMFS
finds that reversing that action is consistent with the management
objectives for the affected species. The fishery will reopen effective
on the date provided in the actual notice in accordance with paragraph
(g)(6) of this section.
(6) Inseason actions taken under paragraphs (g)(2), (3), (4), and
(5) of this section will be by actual notice from posting on the
National Marine Fisheries website (https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status) and a United States Coast Guard Notice to Mariners. The Notice
to Mariners will be broadcast three times daily for 4 days. This action
will also be published in the Federal Register as soon as practicable.
Inseason actions will be effective from the time specified in the
actual notice of the action (i.e., website posting and United States
Coast Guard Notice to Mariners), or at the time the inseason action
published in the Federal Register is effective, whichever comes first.
(7) If landing Pacific bluefin tuna into the State of California,
fish landing receipts must be submitted to the California Department of
Fish and Wildlife in accordance with the requirements of applicable
State law and regulations, with the exception that the submission must
occur within 24 hours of landing.
[FR Doc. 2020-28999 Filed 1-4-21; 8:45 am]
BILLING CODE 3510-22-P
