International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean, 73969-73972 [2012-29968]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Proposed Rules
Register issued a correction document
on December 5, 2012 (77 FR 72294). The
EPA has decided to extend the public
comment period by an additional 7 days
in light of the clerical error. Therefore,
the public comment period will end on
January 7, 2013, rather than on
December 31, 2012.
How can I get copies of this document
and other related information?
The EPA has established the official
public dockets No. EPA–HQ–OAR–
2011–0044 (NSPS action) and No. EPA–
HQ–OAR–2009–0234 (NESHAP action).
The EPA has also developed Web sites
for this proposed rulemaking at the
addresses given above.
Dated: December 6, 2012.
Gina McCarthy,
Assistant Administrator for Air and
Radiation.
[FR Doc. 2012–29973 Filed 12–11–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 27 and 73
[GN Docket No. 12–268; DA 12–1916]
Expanding the Economic and
Innovation Opportunities of Spectrum
Through Incentive Auctions
Federal Communications
Commission.
ACTION: Proposed rule; extension of
comment and reply comment period.
AGENCY:
The Media Bureau extends
the deadline for filing comments and
reply comments on the Notice of
Proposed Rulemaking (‘‘NPRM’’) in this
proceeding which was published in the
Federal Register on November 21, 2012.
The extension will provide commenters
with sufficient time to prepare
comments and reply comments in
response to the NPRM.
DATES: The comment and reply
comment period for the proposed rule
published at 77 FR 69933, November 21,
2012 is extended. Submit comments on
or before January 25, 2013 and reply
comments on or before March 12, 2013.
ADDRESSES: You may submit comments,
identified by MB Docket No. 12–268, by
any of the following methods:
• Federal Communications
Commission’s Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
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SUMMARY:
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(although the Commission continues to
experience delays in receiving U.S.
Postal Service mail). All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Edward Smith at
(202) 418–1890, Edward.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order in Docket No. 12–
268, DA 12–1916, adopted and released
on November 29, 2012, which extends
the comment and reply comment
deadlines established in the NPRM
published under FCC No. 12–118 at 77
FR 69933, November 21, 2012. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC
Reference Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. The complete
text may also be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
email to FCC504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), 202–
418–0432 (TTY).
Summary of the Order
1. On October 2, 2012, the
Commission released a Notice of
Proposed Rulemaking (‘‘NPRM’’) to
implement an incentive auction of
broadcast television spectrum. The
NPRM set deadlines for filing comments
and reply comments at December 21,
2012, and February 19, 2013,
respectively.
2. On November 20, 2012, the
National Association of Broadcasters
(NAB) and CTIA—The Wireless
Association (CTIA) filed a joint request
to extend the comment and reply
comment deadlines to January 25, 2013
and March 26, 2013. NAB and CTIA
state that an extension of time is
warranted due to the complex
economic, engineering, and policy
issues presented by the NPRM. We grant
the requested extension. As set forth in
§ 1.46 of the Commission’s rules, the
Commission’s policy is that extensions
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of time for filing comments in
rulemaking proceedings shall not be
routinely granted. In this case, however,
an extension of the comment periods is
warranted to provide commenters with
sufficient time to prepare comments and
reply comments that fully respond to
the NPRM.
3. Accordingly, it is ordered that,
pursuant to section 4(i) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and §§ 0.61,
0.283, and 1.46 of the Commission’s
rules, 47 CFR 0.61, 0.283, and 1.46, the
Motion for Extension of Time filed by
NAB and CTIA is granted, and the
deadlines to file comments and reply
comments in this proceeding are
extended to January 25, 2013 and
March12, 2013, respectively.
Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
[FR Doc. 2012–29962 Filed 12–11–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
RIN 0648–BC44
[Docket No. 120814337–2337–01]
International Fisheries; Pacific Tuna
Fisheries; Fishing Restrictions in the
Eastern Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations
under the Tuna Conventions Act to
implement Resolution C–12–09 of the
Inter-American Tropical Tuna
Commission (IATTC) by establishing
limits on commercial retention of
bluefin tuna by U.S. fishing vessels
operating in the Eastern Pacific Ocean
in 2012 and 2013. This action is
necessary for the United States to satisfy
its obligations as a member of the
IATTC and to reduce overfishing of the
stock.
DATES: Comments must be submitted in
writing by January 11, 2013. A public
hearing will be held at 1 p.m. to 4 p.m.
PDT, January 11, 2013, in Long Beach,
CA.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
SUMMARY:
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NMFS–2012–0172, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0172 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail: Submit written comments to
Heidi Taylor, NMFS Southwest
Regional Office, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802.
Include the identifier ‘‘NOAA–NMFS–
2012–0172’’ in the comments.
• Fax: 562–980–4047; Attn: Heidi
Taylor.
• Public hearing: The public is
welcome to attend a public hearing and
offer comments on this rule on January
11, 2013 from 1 p.m. 4 p.m. at 501 W.
Ocean Boulevard, Suite 4200, Long
Beach, CA 90802. The public may also
participate in the public hearing via
conference line: 1–888–760–6181;
participant passcode: #7600181.
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). Attachments to electronic
comments will only be accepted in
Microsoft Word or Excel, WordPerfect,
or Adobe PDF file formats.
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 SWR
and by email to
OIRA_Submission@omb.eop.gov, or
faxed to (202) 395–7285. Copies of the
draft Regulatory Impact Review (RIR)
and other supporting documents are
available at https://swr.nmfs.noaa.gov/.
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FOR FURTHER INFORMATION CONTACT:
Heidi Taylor, NMFS SWR, 562–980–
4039.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the
IATTC, which was established under
the 1949 Convention for the
Establishment of an Inter-American
Tropical Tuna Commission. The full
text of the 1949 Convention is available
at: https://www.iattc.org/PDFFiles/
IATTC_convention_1949.pdf. The
IATTC was established to provide an
international arrangement to ensure the
effective international conservation and
management of highly migratory species
of fish in the Convention Area (defined
as the waters of the eastern Pacific
Ocean (EPO)). Since 1998, conservation
resolutions implemented within the
IATTC have further defined the
Convention Area as the area bounded by
the coast of the Americas, the 50° N. and
50° S. parallels, and the 150° W.
meridian. The IATTC has maintained a
scientific research and fishery
monitoring program for many years, and
regularly assesses the status of tuna and
billfish stocks in the EPO to determine
appropriate harvest limits or other
measures to prevent overexploitation of
these stocks and to promote viable
fisheries. Current IATTC membership
includes: Belize, Canada, China,
Chinese Taipei (Taiwan), Colombia,
Costa Rica, Ecuador, El Salvador, the
European Union, France, Guatemala,
Japan, Kiribati, the Republic of Korea,
Mexico, Nicaragua, Panama, Peru, the
United States, Vanuatu, and Venezuela.
Bolivia and the Cook Islands are
cooperating non-members.
International Obligations of the United
States Under the Convention
As a Contracting Party to the 1949
Convention and a member of the IATTC,
the United States is legally bound to
implement the decisions of the IATTC.
The Tuna Conventions Act (16 U.S.C.
951–962) directs the Secretary of
Commerce, after approval by the
Secretary of State, to promulgate such
regulations as may be necessary to
implement recommendations adopted
by the IATTC. The authority to
promulgate such regulations has been
delegated to NMFS.
IATTC Decisions in 2012
At its 83rd Meeting, in June 2012, the
IATTC adopted by consensus
Resolution C–12–09, Conservation and
Management Measures for Bluefin Tuna
in the EPO. All active resolutions and
recommendations of the IATTC are
available on the following Web site:
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https://iattc.org/
ResolutionsActiveENG.htm.
The main objective of Resolution C–
12–09 is to conserve Pacific bluefin tuna
(Thunnus orientalis) by establishing
limits on the commercial catches of in
the EPO. Before Resolution C–12–09,
the IATTC had not adopted harvest
limits for Pacific bluefin tuna in the
EPO. In particular, the IATTC
recognizes the need to reduce the
mortality of juvenile Pacific bluefin
tuna. The IATTC emphasizes that the
measures in Resolution C–12–09 are
intended as an interim means for
assuring viability of the Pacific bluefin
tuna resource. Future conservation
measures should be based in part on
development of future scientific
information and advice of the
International Scientific Committee for
Tuna and Tuna-like Species in the
North Pacific Ocean and the IATTC
scientific staff. Table 1 below shows the
United States commercial catch of
Pacific bluefin tuna for the years 1999
to 2009 in the EPO. At this time,
landings in 2010 cannot be reported due
to data confidentiality.
TABLE 1—UNITED STATES COMMERCIAL CATCH OF PACIFIC BLUEFIN
TUNA IN THE EPO
[In metric tons]
Year
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
Pacific bluefin
tuna catch
(in metric tons)
186
313
196
11
36
10
207
1
45
1
415
..............................
Source: PacFIN, extracted Aug. 16, 2011.
In 2010, the Western and Central
Pacific Fisheries Commission (WCPFC)
adopted conservation and management
measures for Pacific bluefin tuna to
ensure that the current level of fishing
mortality rate is not increased.
Resolution C–12–09 complements
action taken by WCPFC in 2010 that set
effort quotas in the western central
Pacific Ocean. The combination of
Resolution C–12–09 and the WCPFC
effort quotas are an important step for
reducing the overfishing of bluefin tuna.
In 2011, NMFS determined overfishing
is occurring on Pacific bluefin tuna
based on stock assessment results of the
International Scientific Committee (76
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FR 28422 (May 17, 2011)). NMFS
recommended that domestic and
international actions should be
developed to end overfishing and
rebuild the affected stock.
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Proposed Action
NMFS is proposing to implement
domestically Resolution C–12–09,
which provides for the conservation and
management of Pacific bluefin tuna in
the EPO through the following methods:
retention of bluefin tuna by all United
States commercial fishing vessels in the
EPO shall be prohibited (i) for the
remainder of 2012 when 500 metric tons
has been harvested by the United States
commercial fishing vessels, and (ii) for
the remainder of 2013 when 10,000
metric tons has been harvested by the
commercial fishing vessels of all
countries in 2012 and 2013 combined.
The 2013 prohibition will not be
effective unless and until the annual
commercial harvest of Pacific bluefin
tuna by the United States fleet has
reached 500 metric tons.
To clarify, the United States
commercial fishery may catch more
than the 500 metric tons in 2013,
provided the 10,000 (2012 and 2013
combined) metric ton limit by the
international fleet is not reached.
However, if the 10,000 metric ton limit
is reached, then the United States
commercial fishery may catch up to a
total of 500 metric tons of Pacific
bluefin tuna.
Announcement of the Limit Being
Reached
To help ensure that the total catch of
Pacific bluefin tuna in the EPO does not
exceed the catch limit for each year,
NMFS will report United States catch to
the IATTC Director on a monthly basis.
The IATTC Director, in turn will
communicate on a regular basis the
current catch levels and will inform the
members of the IATTC when the total
annual catch limit is reached. If NMFS
determines, based on the information
provided by the IATTC Director, that
the applicable limit is imminent by a
specific future date in that year, NMFS
will publish a notice in the Federal
Register announcing that specific
restrictions will be effective on that
specific future date until the end of the
calendar year. Additionally, if the
United States commercial fishing fleet
has already caught 500 metric tons or
more of Pacific bluefin tuna in 2012 or
2013 and the overall catch limit is
reached, NMFS will publish a notice in
the Federal Register announcing that
restrictions will be effective
immediately through the end of the
calendar year. Under the authority of
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the Tuna Convention Act, fishery
management resolutions made by the
IATTC and approved by the Department
of State will be promulgated in the
Federal Register. This includes
necessary additional notifications to
inform the public on an action that may
impact the United States commercial
fishing fleet. Specifically, 50 CFR
300.20, which implements the Tuna
Convention Act, states the following:
‘‘The regulations in this subpart are
issued under the authority of the Tuna
Conventions Act of 1950 (Act). The
regulations implement
recommendations of the Inter-American
Tropical Tuna Commission (IATTC) for
the conservation and management of
highly migratory fish resources in the
Eastern Tropical Pacific Ocean so far as
they affect vessels and persons subject
to the jurisdiction of the United States.’’
NMFS will also endeavor to make
publicly available, such as on a Web
site, regularly updated estimates and/or
forecasts of Pacific bluefin tuna catches
in order to help fishermen plan for the
possibility of the limit being reached.
The commercial catch limitation
would go into effect in 2012, and remain
in effect through 2013 unless the IATTC
decides to remove or modify the
measure in 2013. NMFS expects
controls on fishing for Pacific bluefin
tuna in the ETP to be included by the
IATTC in future resolutions.
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the Tuna Conventions
Act of 1950 and other applicable laws,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the (RFA), 5
U.S.C. section 601 note. The IRFA
describes the economic impact this
proposed rule, if adopted, would have
on small entities. A description of the
action, why it is being considered, and
the legal basis for this action are
contained at the beginning of this
section in the preamble and in the
SUMMARY section of the preamble. A
summary of the analysis follows. A copy
of this analysis is available from NMFS
(see ADDRESSES).
The proposed rule would apply to
owners and operators of United States
commercial fishing vessels that catch
Pacific bluefin tuna in the IATTC
Convention Area. It is important to note
that no United States commercial
vessels specialize in harvesting bluefin
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73971
tuna in the EPO. Bluefin tuna is caught
commercially, on an irregular basis; by
small coastal purse seine vessels
operating in the Southern California
Bight with limited additional landings
by the drift gillnet fleet that targets
swordfish and thresher shark. The
Pacific bluefin commercial catch
limitations are not expected to result in
a closure of the United States fishery
because catches from recent years have
not reached the 500 metric tons. The
last year the United States exceeded 500
metric tons was 1998. Refer to Table 1
(found above) for United States
commercial catch of bluefin in the EPO
for years 1999 to 2010.
The United States West Coast catch of
bluefin tuna represents a relatively
minor component of the overall EPO
tuna catch. The number of purse seine
vessels that have landed tuna in
California averaged 197 annually
between 1981–90, but declined to an
annual average of 11 in the 2001–2010
period. The decline in the number of
domestic vessels is correlated in part
with the relocation of large cannery
operations. Currently there are no
canneries functioning as primary
offloaders of tuna in California.
As part of the IRFA, the proposed rule
impacts to small entities in the IATTC
Convention Area were analyzed. The
United States West Coast vessels (all
gear types) operating in the EPO
averaged annual landings of 113 metric
tons of PBF during 2000–2011. The
annual average catch of PBF had an exvessel value of $175,892 (unadjusted for
inflation) during 2000–2011. About 66
percent of this value was attributed to
small coastal pelagic purse seiners that
opportunistically target bluefin tuna in
EPO, thus any bluefin tuna conservation
measures primarily affect these vessels.
Small purse seiners averaged 98 metric
tons of bluefin tuna landings per year,
with a range from zero to 411 metric
tons per year during 2000–2011. There
were up to six small purse seiners
opportunistically targeting bluefin tuna
in any one year during 2000–2011.
Bluefin tuna is also incidentally caught
and landed by large mesh drift gillnet
vessels in small quantity. The landings
of bluefin tuna by longline and albacore
surface hook-and-line vessels operating
in EPO have been negligible in recent
years.
For the vessels (all gear types) that
caught bluefin tuna, the share of
revenue from bluefin tuna relative to the
revenues from all species ranged from
0.11 percent to 6.96 percent during
2000–2011. The share of revenue from
bluefin tuna averaged 2.42 percent
relative to the revenue from the
portfolio of all species for the vessels
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that landed bluefin tuna during 2000–
2011. Given the number of active
vessels during that period (average 45
boats per year of all gear types), annual
revenue per boat from the bluefin tuna
averaged $3,866.
The described bluefin tuna catch limit
for the United States in the IATTC
Convention Area will remain in force
for 2012 and 2013. Approximately two
small purse seiners per year on average
have the potential to be affected by this
proposed rule when adopted. All
fisheries, whether they
opportunistically target bluefin tuna or
catch it incidentally, would be able to
fish in the normal manner without any
material changes in operations or
associated revenues. The proposed rule
is not expected to result in any change
in fishing operations or any significant
reduction in associated revenues. The
economic effect of bluefin tuna catch
limitation to the United States
commercial fleet and small entities from
the IATTC Convention Area in EPO will
not be significant.
NMFS compared the effects of the
bluefin tuna provisions proposed in this
rule to one alternative, which is a no
action alternative. Under this
alternative, there would be no changes
to current regulations to limit United
States commercial catches of bluefin
tuna in the IATTC Convention Area as
stipulated in Resolution C–12–09.
Under this alternative, there would be
no effects to vessel owners compared to
the status quo. Based on recent bluefin
tuna catch data and expected future
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trends, it is unlikely that there would be
any benefit from not implementing the
bluefin tuna provisions; however, the
United States would not be
implementing Resolution C–12–09 and
would therefore not be satisfying its
international obligations as a member of
the IATTC.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: December 6, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, performing the
functions and duties of the Assistant
Administrator for Fisheries, 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
1. The authority citation for 50 CFR
part 300, continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C.
9701 et seq.
2. In § 300.24, a new paragraph (u) is
added to read as follows:
§ 300.24
Prohibitions.
*
*
*
*
*
(u) Target or retain Pacific bluefin
tuna in the IATTC Convention Area by
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any United States vessel engaged in
commercial fishing after the date
specified by the Regional
Administrator’s notification of closure
issued under § 300.25 (h).
3. In § 300.25, a new paragraph (h) is
added to read as follows:
§ 300.25 Eastern Pacific fisheries
management.
*
*
*
*
*
(h) Bluefin tuna commercial catch
limits in the eastern Pacific Ocean.
(1) After the date specified in a notice
published by Regional Administrator in
the Federal Register, a United States
vessel engaged in commercial fishing
may not target or retain Bluefin tuna in
the Convention Area for the remainder
of the calendar year. NMFS will publish
such a notice prohibiting further
targeting and retention of bluefin tuna
on the projected date
(i) for the remainder of 2012 when the
United States commercial vessels in the
Convention Area has already met or
exceeded 500 metric tons, or
(ii) for the remainder of 2013 when
10,000 metric tons or more have been
harvested by the commercial fishing
vessels of all countries in 2012 and 2013
combined. The 2013 prohibition will
not be effective unless and until the
annual commercial harvest of Pacific
bluefin tuna by the United States fleet
has reached 500 metric tons.
(2) [Reserved]
[FR Doc. 2012–29968 Filed 12–11–12; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Proposed Rules]
[Pages 73969-73972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29968]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
RIN 0648-BC44
[Docket No. 120814337-2337-01]
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations under the Tuna Conventions Act to
implement Resolution C-12-09 of the Inter-American Tropical Tuna
Commission (IATTC) by establishing limits on commercial retention of
bluefin tuna by U.S. fishing vessels operating in the Eastern Pacific
Ocean in 2012 and 2013. This action is necessary for the United States
to satisfy its obligations as a member of the IATTC and to reduce
overfishing of the stock.
DATES: Comments must be submitted in writing by January 11, 2013. A
public hearing will be held at 1 p.m. to 4 p.m. PDT, January 11, 2013,
in Long Beach, CA.
ADDRESSES: You may submit comments on this document, identified by
NOAA-
[[Page 73970]]
NMFS-2012-0172, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: https://www.regulations.gov. To submit comments via the e-Rulemaking Portal,
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2012-
0172 in the keyword search. Locate the document you wish to comment on
from the resulting list and click on the ``Submit a Comment'' icon on
the right of that line.
Mail: Submit written comments to Heidi Taylor, NMFS
Southwest Regional Office, 501 W. Ocean Blvd., Suite 4200, Long Beach,
CA 90802. Include the identifier ``NOAA-NMFS-2012-0172'' in the
comments.
Fax: 562-980-4047; Attn: Heidi Taylor.
Public hearing: The public is welcome to attend a public
hearing and offer comments on this rule on January 11, 2013 from 1 p.m.
4 p.m. at 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802. The
public may also participate in the public hearing via conference line:
1-888-760-6181; participant passcode: 7600181.
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). Attachments to electronic comments will only be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats.
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 SWR and by email to OIRA_Submission@omb.eop.gov, or faxed to (202) 395-7285. Copies of the draft
Regulatory Impact Review (RIR) and other supporting documents are
available at https://swr.nmfs.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Heidi Taylor, NMFS SWR, 562-980-4039.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
under the 1949 Convention for the Establishment of an Inter-American
Tropical Tuna Commission. The full text of the 1949 Convention is
available at: https://www.iattc.org/PDFFiles/IATTC_convention_1949.pdf. The IATTC was established to provide an international
arrangement to ensure the effective international conservation and
management of highly migratory species of fish in the Convention Area
(defined as the waters of the eastern Pacific Ocean (EPO)). Since 1998,
conservation resolutions implemented within the IATTC have further
defined the Convention Area as the area bounded by the coast of the
Americas, the 50[deg] N. and 50[deg] S. parallels, and the 150[deg] W.
meridian. The IATTC has maintained a scientific research and fishery
monitoring program for many years, and regularly assesses the status of
tuna and billfish stocks in the EPO to determine appropriate harvest
limits or other measures to prevent overexploitation of these stocks
and to promote viable fisheries. Current IATTC membership includes:
Belize, Canada, China, Chinese Taipei (Taiwan), Colombia, Costa Rica,
Ecuador, El Salvador, the European Union, France, Guatemala, Japan,
Kiribati, the Republic of Korea, Mexico, Nicaragua, Panama, Peru, the
United States, Vanuatu, and Venezuela. Bolivia and the Cook Islands are
cooperating non-members.
International Obligations of the United States Under the Convention
As a Contracting Party to the 1949 Convention and a member of the
IATTC, the United States is legally bound to implement the decisions of
the IATTC. The Tuna Conventions Act (16 U.S.C. 951-962) directs the
Secretary of Commerce, after approval by the Secretary of State, to
promulgate such regulations as may be necessary to implement
recommendations adopted by the IATTC. The authority to promulgate such
regulations has been delegated to NMFS.
IATTC Decisions in 2012
At its 83rd Meeting, in June 2012, the IATTC adopted by consensus
Resolution C-12-09, Conservation and Management Measures for Bluefin
Tuna in the EPO. All active resolutions and recommendations of the
IATTC are available on the following Web site: https://iattc.org/ResolutionsActiveENG.htm.
The main objective of Resolution C-12-09 is to conserve Pacific
bluefin tuna (Thunnus orientalis) by establishing limits on the
commercial catches of in the EPO. Before Resolution C-12-09, the IATTC
had not adopted harvest limits for Pacific bluefin tuna in the EPO. In
particular, the IATTC recognizes the need to reduce the mortality of
juvenile Pacific bluefin tuna. The IATTC emphasizes that the measures
in Resolution C-12-09 are intended as an interim means for assuring
viability of the Pacific bluefin tuna resource. Future conservation
measures should be based in part on development of future scientific
information and advice of the International Scientific Committee for
Tuna and Tuna-like Species in the North Pacific Ocean and the IATTC
scientific staff. Table 1 below shows the United States commercial
catch of Pacific bluefin tuna for the years 1999 to 2009 in the EPO. At
this time, landings in 2010 cannot be reported due to data
confidentiality.
Table 1--United States Commercial Catch of Pacific Bluefin Tuna in the
EPO
[In metric tons]
------------------------------------------------------------------------
Pacific bluefin
Year tuna catch (in
metric tons)
------------------------------------------------------------------------
1999................................................. 186
2000................................................. 313
2001................................................. 196
2002................................................. 11
2003................................................. 36
2004................................................. 10
2005................................................. 207
2006................................................. 1
2007................................................. 45
2008................................................. 1
2009................................................. 415
2010................................................. .................
------------------------------------------------------------------------
Source: PacFIN, extracted Aug. 16, 2011.
In 2010, the Western and Central Pacific Fisheries Commission
(WCPFC) adopted conservation and management measures for Pacific
bluefin tuna to ensure that the current level of fishing mortality rate
is not increased. Resolution C-12-09 complements action taken by WCPFC
in 2010 that set effort quotas in the western central Pacific Ocean.
The combination of Resolution C-12-09 and the WCPFC effort quotas are
an important step for reducing the overfishing of bluefin tuna. In
2011, NMFS determined overfishing is occurring on Pacific bluefin tuna
based on stock assessment results of the International Scientific
Committee (76
[[Page 73971]]
FR 28422 (May 17, 2011)). NMFS recommended that domestic and
international actions should be developed to end overfishing and
rebuild the affected stock.
Proposed Action
NMFS is proposing to implement domestically Resolution C-12-09,
which provides for the conservation and management of Pacific bluefin
tuna in the EPO through the following methods: retention of bluefin
tuna by all United States commercial fishing vessels in the EPO shall
be prohibited (i) for the remainder of 2012 when 500 metric tons has
been harvested by the United States commercial fishing vessels, and
(ii) for the remainder of 2013 when 10,000 metric tons has been
harvested by the commercial fishing vessels of all countries in 2012
and 2013 combined. The 2013 prohibition will not be effective unless
and until the annual commercial harvest of Pacific bluefin tuna by the
United States fleet has reached 500 metric tons.
To clarify, the United States commercial fishery may catch more
than the 500 metric tons in 2013, provided the 10,000 (2012 and 2013
combined) metric ton limit by the international fleet is not reached.
However, if the 10,000 metric ton limit is reached, then the United
States commercial fishery may catch up to a total of 500 metric tons of
Pacific bluefin tuna.
Announcement of the Limit Being Reached
To help ensure that the total catch of Pacific bluefin tuna in the
EPO does not exceed the catch limit for each year, NMFS will report
United States catch to the IATTC Director on a monthly basis. The IATTC
Director, in turn will communicate on a regular basis the current catch
levels and will inform the members of the IATTC when the total annual
catch limit is reached. If NMFS determines, based on the information
provided by the IATTC Director, that the applicable limit is imminent
by a specific future date in that year, NMFS will publish a notice in
the Federal Register announcing that specific restrictions will be
effective on that specific future date until the end of the calendar
year. Additionally, if the United States commercial fishing fleet has
already caught 500 metric tons or more of Pacific bluefin tuna in 2012
or 2013 and the overall catch limit is reached, NMFS will publish a
notice in the Federal Register announcing that restrictions will be
effective immediately through the end of the calendar year. Under the
authority of the Tuna Convention Act, fishery management resolutions
made by the IATTC and approved by the Department of State will be
promulgated in the Federal Register. This includes necessary additional
notifications to inform the public on an action that may impact the
United States commercial fishing fleet. Specifically, 50 CFR 300.20,
which implements the Tuna Convention Act, states the following:
``The regulations in this subpart are issued under the authority of
the Tuna Conventions Act of 1950 (Act). The regulations implement
recommendations of the Inter-American Tropical Tuna Commission (IATTC)
for the conservation and management of highly migratory fish resources
in the Eastern Tropical Pacific Ocean so far as they affect vessels and
persons subject to the jurisdiction of the United States.''
NMFS will also endeavor to make publicly available, such as on a
Web site, regularly updated estimates and/or forecasts of Pacific
bluefin tuna catches in order to help fishermen plan for the
possibility of the limit being reached.
The commercial catch limitation would go into effect in 2012, and
remain in effect through 2013 unless the IATTC decides to remove or
modify the measure in 2013. NMFS expects controls on fishing for
Pacific bluefin tuna in the ETP to be included by the IATTC in future
resolutions.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act of 1950 and other
applicable laws, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the (RFA), 5 U.S.C. section 601 note. The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A summary of the analysis follows. A copy of
this analysis is available from NMFS (see ADDRESSES).
The proposed rule would apply to owners and operators of United
States commercial fishing vessels that catch Pacific bluefin tuna in
the IATTC Convention Area. It is important to note that no United
States commercial vessels specialize in harvesting bluefin tuna in the
EPO. Bluefin tuna is caught commercially, on an irregular basis; by
small coastal purse seine vessels operating in the Southern California
Bight with limited additional landings by the drift gillnet fleet that
targets swordfish and thresher shark. The Pacific bluefin commercial
catch limitations are not expected to result in a closure of the United
States fishery because catches from recent years have not reached the
500 metric tons. The last year the United States exceeded 500 metric
tons was 1998. Refer to Table 1 (found above) for United States
commercial catch of bluefin in the EPO for years 1999 to 2010.
The United States West Coast catch of bluefin tuna represents a
relatively minor component of the overall EPO tuna catch. The number of
purse seine vessels that have landed tuna in California averaged 197
annually between 1981-90, but declined to an annual average of 11 in
the 2001-2010 period. The decline in the number of domestic vessels is
correlated in part with the relocation of large cannery operations.
Currently there are no canneries functioning as primary offloaders of
tuna in California.
As part of the IRFA, the proposed rule impacts to small entities in
the IATTC Convention Area were analyzed. The United States West Coast
vessels (all gear types) operating in the EPO averaged annual landings
of 113 metric tons of PBF during 2000-2011. The annual average catch of
PBF had an ex-vessel value of $175,892 (unadjusted for inflation)
during 2000-2011. About 66 percent of this value was attributed to
small coastal pelagic purse seiners that opportunistically target
bluefin tuna in EPO, thus any bluefin tuna conservation measures
primarily affect these vessels. Small purse seiners averaged 98 metric
tons of bluefin tuna landings per year, with a range from zero to 411
metric tons per year during 2000-2011. There were up to six small purse
seiners opportunistically targeting bluefin tuna in any one year during
2000-2011. Bluefin tuna is also incidentally caught and landed by large
mesh drift gillnet vessels in small quantity. The landings of bluefin
tuna by longline and albacore surface hook-and-line vessels operating
in EPO have been negligible in recent years.
For the vessels (all gear types) that caught bluefin tuna, the
share of revenue from bluefin tuna relative to the revenues from all
species ranged from 0.11 percent to 6.96 percent during 2000-2011. The
share of revenue from bluefin tuna averaged 2.42 percent relative to
the revenue from the portfolio of all species for the vessels
[[Page 73972]]
that landed bluefin tuna during 2000-2011. Given the number of active
vessels during that period (average 45 boats per year of all gear
types), annual revenue per boat from the bluefin tuna averaged $3,866.
The described bluefin tuna catch limit for the United States in the
IATTC Convention Area will remain in force for 2012 and 2013.
Approximately two small purse seiners per year on average have the
potential to be affected by this proposed rule when adopted. All
fisheries, whether they opportunistically target bluefin tuna or catch
it incidentally, would be able to fish in the normal manner without any
material changes in operations or associated revenues. The proposed
rule is not expected to result in any change in fishing operations or
any significant reduction in associated revenues. The economic effect
of bluefin tuna catch limitation to the United States commercial fleet
and small entities from the IATTC Convention Area in EPO will not be
significant.
NMFS compared the effects of the bluefin tuna provisions proposed
in this rule to one alternative, which is a no action alternative.
Under this alternative, there would be no changes to current
regulations to limit United States commercial catches of bluefin tuna
in the IATTC Convention Area as stipulated in Resolution C-12-09. Under
this alternative, there would be no effects to vessel owners compared
to the status quo. Based on recent bluefin tuna catch data and expected
future trends, it is unlikely that there would be any benefit from not
implementing the bluefin tuna provisions; however, the United States
would not be implementing Resolution C-12-09 and would therefore not be
satisfying its international obligations as a member of the IATTC.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: December 6, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the
functions and duties of the Assistant Administrator for Fisheries,
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
1. The authority citation for 50 CFR part 300, continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16
U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
2. In Sec. 300.24, a new paragraph (u) is added to read as
follows:
Sec. 300.24 Prohibitions.
* * * * *
(u) Target or retain Pacific bluefin tuna in the IATTC Convention
Area by any United States vessel engaged in commercial fishing after
the date specified by the Regional Administrator's notification of
closure issued under Sec. 300.25 (h).
3. In Sec. 300.25, a new paragraph (h) is added to read as
follows:
Sec. 300.25 Eastern Pacific fisheries management.
* * * * *
(h) Bluefin tuna commercial catch limits in the eastern Pacific
Ocean.
(1) After the date specified in a notice published by Regional
Administrator in the Federal Register, a United States vessel engaged
in commercial fishing may not target or retain Bluefin tuna in the
Convention Area for the remainder of the calendar year. NMFS will
publish such a notice prohibiting further targeting and retention of
bluefin tuna on the projected date
(i) for the remainder of 2012 when the United States commercial
vessels in the Convention Area has already met or exceeded 500 metric
tons, or
(ii) for the remainder of 2013 when 10,000 metric tons or more have
been harvested by the commercial fishing vessels of all countries in
2012 and 2013 combined. The 2013 prohibition will not be effective
unless and until the annual commercial harvest of Pacific bluefin tuna
by the United States fleet has reached 500 metric tons.
(2) [Reserved]
[FR Doc. 2012-29968 Filed 12-11-12; 8:45 am]
BILLING CODE 3510-22-P