International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean, 1810-1813 [2014-00269]

Download as PDF 1810 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules implementing this Executive Order that outlines nine outcomes that may constitute ‘‘a significant adverse effect’’ when compared to not taking the regulatory action under consideration. The DEA finds that impacts to the energy industry from this rule are expected to be limited to additional administrative costs. Thus, based on information in the DEA, energy-related impacts associated with the Sierra Nevada yellow-legged frog, the northern DPS of the mountain yellow-legged frog, and the Yosemite toad within critical habitat are not expected. As such, the designation of critical habitat is not expected to significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required. Authors The primary authors of this document are the staff members of the Sacramento Fish and Wildlife Office, Pacific Southwest Region, U.S. Fish and Wildlife Service. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: December 13, 2013. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2014–00281 Filed 1–8–14; 11:15 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 130722647–3647–01] RIN 0648–BD55 International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. mstockstill on DSK4VPTVN1PROD with PROPOSALS AGENCY: NMFS is proposing regulations under the Tuna Conventions Act to implement Resolution C–13–02 of the Inter-American Tropical Tuna Commission (IATTC or the Commission) by specifying limits on SUMMARY: VerDate Mar<15>2010 16:33 Jan 09, 2014 Jkt 232001 U.S. commercial catch of Pacific bluefin tuna from the eastern Pacific Ocean (EPO) waters of the IATTC Convention Area in 2014. This action is necessary for the United States to satisfy its obligations as a member of the IATTC. DATES: Comments on the proposed rule and the initial regulatory flexibility analysis must be submitted in writing by February 10, 2014. A public hearing will be held from 1 p.m. to 4 p.m. PDT, February 10, 2014, in Long Beach, CA. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2013–0119, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130119, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Amber Rhodes, NMFS West Coast Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier ‘‘NOAA–NMFS–2013–0119’’ in the comments. • Public hearing: The public is welcome to attend a public hearing and offer comments on this proposed rule from 1 p.m. to 4 p.m. PDT, February 10, 2014 at 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802. The public may also participate in the public hearing via conference line: 1–888–323– 9701, passcode 11543. 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 be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only. Copies of the draft Regulatory Impact Review (RIR) and other supporting documents are available via the Federal eRulemaking Portal: https:// PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 www.regulations.gov, docket NOAA– NMFS–2013–0119 or contact with the Regional Administrator, Will Stelle, NMFS West Coast Regional Office, 7600 Sand Point Way, NE., Bldg 1, Seattle, WA 98115–0070, or RegionalAdministrator.WCRHMS@ noaa.gov. FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, 562–980–3231, or Heidi Taylor, NMFS, 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 facilitates scientific research into, as well as conservation and management of, highly migratory species of fish in the IATTC Convention Area (defined as the waters of the EPO). Since 1998, conservation resolutions adopted by 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 catch limits and other measures deemed necessary to prevent overexploitation of these stocks and to promote sustainable fisheries. Current IATTC member countries include: 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, Honduras, Indonesia 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 IATTC resolutions. The Tuna Conventions Act (16 U.S.C. 951– 962 and 971 et seq.) directs the Secretary of Commerce, after approval by the Secretary of State, to promulgate such regulations as may be necessary to implement resolutions adopted by the IATTC. The Secretary’s authority to promulgate such regulations has been delegated to NMFS. E:\FR\FM\10JAP1.SGM 10JAP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules Pacific Bluefin Tuna Resolution At its 85th Meeting, in June 2013, the IATTC adopted Resolution C–13–02, ‘‘Measures for the Conservation and Management of Bluefin Tuna in the Eastern Pacific Ocean,’’ which is the subject of this rulemaking; it was approved by the Secretary of State, thereby prompting implementation by NMFS. The main objective of Resolution C– 13–02 is to conserve Pacific bluefin tuna (Thunnus orientalis) by setting limits on the commercial catch of Pacific bluefin tuna in the IATTC Convention Area for 2014. Recognizing the need to reduce fishing mortality of Pacific bluefin tuna throughout its pan-Pacific range, the IATTC first adopted catch limits for Pacific bluefin tuna in the EPO for calendar years 2012 and 2013 with Resolution C–12–09. NMFS implemented the resolution via rulemaking for the United States in 2013 (see final rule at 78 FR 33240, June 4, 2013). As with Resolution C–12–09, Resolution C–13–02 includes two catch limits: (1) A Commission-wide limit for all commercial fishing vessels of all IATTC member countries and cooperating non-member countries (collectively known as CPCs) fishing in the EPO and (2) a catch limit of 500 metric tons for commercial vessels of each CPC with a historical record of Pacific bluefin catch from the EPO— such as the United States—to allow these nations some opportunity to catch Pacific bluefin tuna, notwithstanding the shared Commission-wide catch limit. For 2014, the Commission-wide catch limit is 5,000 metric tons and the catch limit for each CPC with a history of Pacific bluefin tuna catch is 500 metric tons. Resolution C–13–02 reaffirms ‘‘. . . that it is necessary to take precautionary management measures throughout the range of the resource to contribute to the stability of the stock of Pacific bluefin tuna.’’ In 2011, NMFS determined overfishing is occurring on Pacific bluefin tuna (76 FR 28422, May 17, 2011). 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 Pacific bluefin tuna was not only experiencing overfishing but was also overfished (78 FR 41033, July 9, 2013). In 2012, the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) adopted a conservation and management measure for Pacific bluefin tuna to ensure that the level of fishing VerDate Mar<15>2010 16:33 Jan 09, 2014 Jkt 232001 mortality does not increase (CMM 2012– 06). The WCPFC met in December 2013 and adopted a resolution called Conservation and Management Measure for Pacific Bluefin tuna (CMM–2013–09) and the IATTC will convene in the summer of 2014 to discuss the future management of Pacific bluefin tuna. Future conservation measures for Pacific bluefin tuna are expected to be based in part on information and advice from the ISC and the IATTC’s scientific staff. Pacific Bluefin Tuna Catches While Pacific bluefin tuna catch by U.S. commercial vessels fishing in the EPO exceeded 1,000 metric tons in the early 1990’s, catches have remained below 500 metric tons for more than a decade. The U.S. commercial catch of Pacific bluefin tuna for the years 1999 to 2012 in the EPO can be found in Table 1 below. The average annual Pacific bluefin tuna catch as determined by landings receipts of U.S. commercial vessels fishing in the EPO from 2007 to 2011 represents only two percent of the average annual landings for all fleets fishing in the EPO during that period (for information on Pacific bluefin tuna harvests in the EPO, see: https:// isc.ac.affrc.go.jp/pdf/ISC12pdf/ISC12_ Plenary_Report-FINAL.pdf). TABLE 1—U.S. COMMERCIAL ANNUAL CATCH OF PACIFIC BLUEFIN TUNA IN THE EPO Pacific bluefin tuna catch (metric tons) Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... 186 313 196 11 36 10 207 1 45 1 415 1 118 * 42 Source: Highly Migratory Species Stock Assessment and Fishery Evaluation: https:// www.pcouncil.org/highly-migratory-species/ stock-assessment-and-fishery-evaluation-safedocuments/current-hms-safe-document/. * Preliminary PacFIN estimate of 2012 Pacific bluefin tuna landings by United States, extracted February 22, 2013. Proposed Regulations for Pacific Bluefin Tuna for 2014 Under this proposed rule, once Pacific bluefin tuna catch limits have been reached, NMFS will prohibit any further targeting, retaining on board, PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 1811 transshipping, or landing of Pacific bluefin tuna in the Convention Area, because these activities can be effectively verified for enforcement purposes. Therefore, targeting, retaining on board, transshipping, or landing of Pacific bluefin tuna by all U.S. commercial vessels in the IATTC Convention Area shall be prohibited for the remainder of 2014 when the Commission-wide commercial catch limit of 5,000 metric tons of Pacific bluefin tuna is reached, and the 500 metric tons commercial catch limit of Pacific bluefin tuna is reached by the U.S. fleet. If the U.S. commercial fishing fleet has not caught 500 metric tons of Pacific bluefin tuna in the Convention Area in 2014 when the Commissionwide 5,000 metric tons catch limit is reached, then the U.S. commercial fleet may continue to target, retain, transship, or land Pacific bluefin tuna until the 500 metric ton limit is reached. The U.S. commercial fleet may continue to target, retain, transship, or land more than the 500 metric tons of Pacific bluefin tuna in 2014 unless and until the Commission-wide catch limit of 5,000 metric tons is reached. Announcement of the Limit Being Reached To ensure that the total catch of Pacific bluefin tuna taken from the IATTC Convention Area does not exceed the Commission-wide catch limit for 2014, NMFS will report U.S. catch to the IATTC Director on a monthly basis. The IATTC Director will inform CPCs when 50 percent of the Commission-wide limit is reached. The Director will likewise send similar notices when 60, 70, and 80 percent of the Commission-wide limit is reached. When 90 percent is reached, the Director will send the corresponding notice to all CPCs, with a projection of when the 5,000 metric ton Commissionwide limit will be reached, at which time CPCs are expected to take the necessary internal measures to avoid exceeding the limit. NMFS will provide updates on Commission-wide and U.S. catches to the public via the highly migratory and coastal pelagic species listservs and the West Coast Region Web site: https:// www.westcoast.fisheries.noaa.gov/ fisheries/migratory_species/bluefin_ tuna_harvest_status.html. Additionally, NMFS will report preliminarily estimated Pacific bluefin tuna catch between monthly intervals if and when catches approach the limits to help participants in the U.S. commercial fishery plan for the possibility of the catch limit being reached. E:\FR\FM\10JAP1.SGM 10JAP1 1812 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS When NMFS is informed that the 5,000 metric ton Commission-wide limit has been met (based on information provided by the IATTC Director) and that the 500 metric ton catch limit is expected to be reached before the end of 2014 (based on landings receipts, data submitted in logbooks, and other available fishery information), NMFS will publish a notice in the Federal Register announcing that the targeting, retaining, transshipping or landing for Pacific bluefin tuna will be prohibited on a specified effective date through December 31, 2014. 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 during the period specified in the announcement, with the exception that any Pacific bluefin tuna already on board a fishing vessel on the effective date may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided that they are landed within 14 days after the effective date. NMFS anticipates limits to catches of Pacific bluefin tuna in the EPO to be included in future resolutions by the IATTC. Classification The NMFS Assistant Administrator has determined that this proposed rule is consistent with the Tuna Conventions Act and other applicable laws. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. Additionally, while there are no new collection-ofinformation requirements associated with this action that are subject to the Paperwork Reduction Act, existing collection-of-information requirements associated with the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species still apply. These requirements have been approved by the Office of Management and Budget under Control Number 0648–0204. The initial regulatory flexibility analysis is summarized in the following paragraphs. The main objective of this proposed rule is to establish catch limits to contribute to the conservation of the Pacific bluefin tuna stock. This rule would apply to owners and operators of U.S. commercial fishing vessels that catch Pacific bluefin tuna in the IATTC Convention Area. Each vessel that would be affected is considered a small business according to the Small Business Administration’s revised size standards (78 FR 37398, June 20, 2013), which increased the size standard for VerDate Mar<15>2010 16:33 Jan 09, 2014 Jkt 232001 Finfish Fishing from $ 4.0 to 19.0 million, Shellfish Fishing from $ 4.0 to 5.0 million, and Other Marine Fishing from $4.0 to 7.0 million. Pacific bluefin tuna do not serve as the primary target species for any U.S. commercial vessels, but rather are incidentally or opportunistically caught by U.S. commercial vessels fishing in the EPO. Therefore, the action is not expected to have a significant or disproportional economic impact on these small business entities. NMFS will publish a notice in the Federal Register announcing that restrictions will be effective from the dates specified through the end of the calendar year. NMFS will take reasonable actions to inform vessel owners in advance of publishing, in a Federal Register announcement, the effective date for the restrictions on targeting, retaining, transshipping, or landing Pacific bluefin tuna captured in the IATTC Convention Area. In the event that the limit on Pacific bluefin tuna catch is reached in 2014, it will be the responsibility of the commercial vessel owner to ensure that no further targeting of Pacific bluefin tuna occurs, and that no more Pacific bluefin tuna are retained on board, transshipped, or landed after the specified dates published in the Federal Register notice announcing that the annual limit is expected to be reached. While this proposed rule does not mandate any new ‘‘reporting’’ or ‘‘recordkeeping’’ requirements for the public, some compliance costs may be associated with the regulations if the restrictions on targeting, retaining, transshipping, or landing Pacific bluefin tuna captured in the IATTC Convention Area becomes effective in 2014 as a result of the commercial catch limits being reached. The Pacific bluefin tuna commercial catch limits are not expected to result in closing fishing of Pacific bluefin tuna in the Convention Area to U.S. commercial vessels because annual U.S. catches of Pacific bluefin tuna have not reached 500 metric tons in more than a decade. In the event of a closure under this rule, the cost of compliance would be de minimis. Compliance costs could consist of returning incidentally caught bluefin tuna to the ocean, forgoing associated profits, and potentially losing fishing opportunity if bluefin are available to the U.S. fleet during the time a closure is in place. The U.S. catch of Pacific bluefin tuna in the EPO represents a relatively minor component of the overall catch of Pacific bluefin tuna from the EPO. The average annual U.S. catch of Pacific bluefin tuna was 113 metric tons for PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 1999 through 2012. Table 1 (above) illustrates U.S. commercial catch of bluefin tuna in the EPO for the years 1999 to 2012. Pacific bluefin tuna is commercially caught by U.S. vessels fishing in the EPO on an irregular basis. Most of the landings are made by small coastal purse seine vessels operating in the Southern California Bight with limited additional landings made by the drift gillnet fleet that targets swordfish and thresher shark. Lesser amounts of Pacific bluefin tuna are caught by surface hook and line and longline gear (typically less than .05 metric tons per year for these gear types combined). The number of purse seine vessels that have landed tuna in California averaged 197 annually from 1981 through 1990. However, from 2000 to 2013, six small purse seiners have been registered with the IATTC to target Pacific bluefin tuna in the Convention Area each year. The landings data suggests that they opportunistically targeted Pacific bluefin tuna in alternate years since 2001. The decline in the number of domestic vessels is correlated in part with the relocation of large cannery operations. NMFS compared the effects of the Pacific bluefin tuna restrictions imposed by this rule to a no action alternative. Under the no action alternative, there would be no limit on U.S. commercial catches of Pacific bluefin tuna in the IATTC Convention Area. It is unlikely that any benefit to U.S. commercial fisheries would be gained from not implementing Resolution C–13–02 as recent trends in Pacific bluefin tuna catch data indicate that it is unlikely that the U.S. catch limit will be reached. However, failing to adopt this rule would result in the United States not satisfying its international obligations as a member of the IATTC. Furthermore, implementing Resolution C–13–02 could benefit the conservation of Pacific bluefin tuna by limiting catches if the fish were to become abundantly available to U.S. commercial vessels fishing in the EPO in 2014. List of Subjects in 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties. E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules Dated: January 7, 2014. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the 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: 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, to the extent authorized by applicable laws and regulations, provided such tuna is landed within 14 days after the effective date published in the notice of closure. [FR Doc. 2014–00269 Filed 1–9–14; 8:45 am] BILLING CODE 3510–22–P PART 300—INTERNATIONAL FISHERIES REGULATIONS DEPARTMENT OF COMMERCE 1. The authority citation for 50 CFR part 300, continues to read as follows: National Oceanic and Atmospheric Administration ■ Authority: 16 U.S.C. 951–961 et seq. 2. In § 300.24, paragraph (u) is added to read as follows: ■ § 300.24 50 CFR Part 648 [Docket No. 130903775–4002–01] Prohibitions. * * * * (u) Use a United States commercial fishing vessel in the IATTC Convention Area in contravention of § 300.25(h)(4) ■ 3. In § 300.25, paragraph (h) is added to read as follows: RIN 0648–BD65 § 300.25 Eastern Pacific fisheries management. AGENCY: * mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * * * (h) Pacific bluefin tuna commercial catch limits in the eastern Pacific Ocean. (1) For the calendar year 2014, all commercial fishing vessels of IATTC member countries and cooperating nonmember countries collectively are subject to a limit of 5,000 metric tons of Pacific bluefin tuna that may be captured, retained, and landed in the Convention Area. (2) Notwithstanding the collective 5,000 metric ton limit, in calendar year 2014 commercial vessels of the United States may capture, retain, transship, or land up to 500 metric tons of Pacific bluefin tuna. (3) After NMFS determines that the limits under paragraphs (h)(1) and (2) of this section are expected to be reached by a future date, and at least 7 calendar days in advance of that date, NMFS will publish a notice of closure in the Federal Register announcing the effective date that additional targeting, retaining on board, transshipping or landing Pacific bluefin tuna in the Convention Area shall be prohibited as described in paragraph (h)(4) of this section. (4) Beginning on the date announced in the notice of closure published under paragraph (h)(3) of this section through the end of the calendar year, 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, with the exception that any VerDate Mar<15>2010 16:33 Jan 09, 2014 Jkt 232001 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule, request for comments. NMFS proposes the specifications for the 2014 fishing year for butterfish, as well as other management measures for the species managed under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. NMFS previously set specifications for longfin squid and Illex squid for 3 years in 2012 (2012–2014) and, therefore, new specifications will not be included in this year’s specification rulemaking. Likewise, NMFS set specifications for mackerel for 3 years in 2013 (2013–2015), and new specifications will also not be included in this action. The proposed specifications for butterfish would increase the butterfish acceptable biological catch by 8 percent and would increase the butterfish landings limit by 24 percent compared to 2013. This action also proposes to increase the butterfish Phase 3 trip limit from 500 lb (0.23 mt) to 600 lb (0.27 mt) for longfin squid/butterfish moratorium permit holders; establish a 236-mt cap on river herring (blueback and alewife) and shad (American and hickory) catch in the mackerel fishery; and raise the postclosure possession limit for longfin squid to 15,000 lb (6.80 mt) for vessels targeting Illex squid. DATES: Public comments must be received by February 10, 2014. SUMMARY: PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 1813 Copies of supporting documents used by the Mid-Atlantic Fishery Management Council (Council), including the Environmental Assessment (EA) and Regulatory Impact Review (RIR)/Initial Regulatory Flexibility Analysis (IRFA), are available from: Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. The EA/RIR/IRFA is accessible via the Internet at https://www.nero.noaa.gov. You may submit comments, identified by NOAA–NMFS–2013–0172, by any one of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130172, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to NOAA Fisheries, Northeast Regional Office, 55 Great Republic Dr, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on 2014 MSB Specifications.’’ Instructions: 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 by NMFS. 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.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 978– 281–9195, fax 978–281–9135. SUPPLEMENTARY INFORMATION: ADDRESSES: Background This rule proposes specifications, which are the combined suite of commercial and recreational catch levels established for one or more fishing years. The specification process also allows for the modification of a select number of management measures, such as closure thresholds, gear restrictions, and possession limits. The Council’s process for establishing specifications relies on provisions within the Atlantic Mackerel, Squid, E:\FR\FM\10JAP1.SGM 10JAP1

Agencies

[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Proposed Rules]
[Pages 1810-1813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00269]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130722647-3647-01]
RIN 0648-BD55

International Fisheries; Pacific Tuna Fisheries; 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
to implement Resolution C-13-02 of the Inter-American Tropical Tuna
Commission (IATTC or the Commission) by specifying limits on U.S.
commercial catch of Pacific bluefin tuna from the eastern Pacific Ocean
(EPO) waters of the IATTC Convention Area in 2014. This action is
necessary for the United States to satisfy its obligations as a member
of the IATTC.

DATES: Comments on the proposed rule and the initial regulatory
flexibility analysis must be submitted in writing by February 10, 2014.
A public hearing will be held from 1 p.m. to 4 p.m. PDT, February 10,
2014, in Long Beach, CA.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0119, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0119, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Amber Rhodes, NMFS West
Coast Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802.
Include the identifier ``NOAA-NMFS-2013-0119'' in the comments.
Public hearing: The public is welcome to attend a public
hearing and offer comments on this proposed rule from 1 p.m. to 4 p.m.
PDT, February 10, 2014 at 501 W. Ocean Boulevard, Suite 4200, Long
Beach, CA 90802. The public may also participate in the public hearing
via conference line: 1-888-323-9701, passcode 11543.
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 be accepted
in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats
only.
Copies of the draft Regulatory Impact Review (RIR) and other
supporting documents are available via the Federal eRulemaking Portal:
https://www.regulations.gov, docket NOAA-NMFS-2013-0119 or contact with
the Regional Administrator, Will Stelle, NMFS West Coast Regional
Office, 7600 Sand Point Way, NE., Bldg 1, Seattle, WA 98115-0070, or
RegionalAdministrator.WCRHMS@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, 562-980-3231, or
Heidi Taylor, NMFS, 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 facilitates scientific research into, as well as
conservation and management of, highly migratory species of fish in the
IATTC Convention Area (defined as the waters of the EPO). Since 1998,
conservation resolutions adopted by 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 catch limits and
other measures deemed necessary to prevent overexploitation of these
stocks and to promote sustainable fisheries. Current IATTC member
countries include: 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,
Honduras, Indonesia 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 IATTC
resolutions. The Tuna Conventions Act (16 U.S.C. 951-962 and 971 et
seq.) directs the Secretary of Commerce, after approval by the
Secretary of State, to promulgate such regulations as may be necessary
to implement resolutions adopted by the IATTC. The Secretary's
authority to promulgate such regulations has been delegated to NMFS.

[[Page 1811]]

Pacific Bluefin Tuna Resolution

At its 85th Meeting, in June 2013, the IATTC adopted Resolution C-
13-02, ``Measures for the Conservation and Management of Bluefin Tuna
in the Eastern Pacific Ocean,'' which is the subject of this
rulemaking; it was approved by the Secretary of State, thereby
prompting implementation by NMFS.
The main objective of Resolution C-13-02 is to conserve Pacific
bluefin tuna (Thunnus orientalis) by setting limits on the commercial
catch of Pacific bluefin tuna in the IATTC Convention Area for 2014.
Recognizing the need to reduce fishing mortality of Pacific bluefin
tuna throughout its pan-Pacific range, the IATTC first adopted catch
limits for Pacific bluefin tuna in the EPO for calendar years 2012 and
2013 with Resolution C-12-09. NMFS implemented the resolution via
rulemaking for the United States in 2013 (see final rule at 78 FR
33240, June 4, 2013). As with Resolution C-12-09, Resolution C-13-02
includes two catch limits: (1) A Commission-wide limit for all
commercial fishing vessels of all IATTC member countries and
cooperating non-member countries (collectively known as CPCs) fishing
in the EPO and (2) a catch limit of 500 metric tons for commercial
vessels of each CPC with a historical record of Pacific bluefin catch
from the EPO--such as the United States--to allow these nations some
opportunity to catch Pacific bluefin tuna, notwithstanding the shared
Commission-wide catch limit. For 2014, the Commission-wide catch limit
is 5,000 metric tons and the catch limit for each CPC with a history of
Pacific bluefin tuna catch is 500 metric tons.
Resolution C-13-02 reaffirms ``. . . that it is necessary to take
precautionary management measures throughout the range of the resource
to contribute to the stability of the stock of Pacific bluefin tuna.''
In 2011, NMFS determined overfishing is occurring on Pacific bluefin
tuna (76 FR 28422, May 17, 2011). 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
Pacific bluefin tuna was not only experiencing overfishing but was also
overfished (78 FR 41033, July 9, 2013). In 2012, the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (WCPFC) adopted a conservation and
management measure for Pacific bluefin tuna to ensure that the level of
fishing mortality does not increase (CMM 2012-06). The WCPFC met in
December 2013 and adopted a resolution called Conservation and
Management Measure for Pacific Bluefin tuna (CMM-2013-09) and the IATTC
will convene in the summer of 2014 to discuss the future management of
Pacific bluefin tuna. Future conservation measures for Pacific bluefin
tuna are expected to be based in part on information and advice from
the ISC and the IATTC's scientific staff.

Pacific Bluefin Tuna Catches

While Pacific bluefin tuna catch by U.S. commercial vessels fishing
in the EPO exceeded 1,000 metric tons in the early 1990's, catches have
remained below 500 metric tons for more than a decade. The U.S.
commercial catch of Pacific bluefin tuna for the years 1999 to 2012 in
the EPO can be found in Table 1 below. The average annual Pacific
bluefin tuna catch as determined by landings receipts of U.S.
commercial vessels fishing in the EPO from 2007 to 2011 represents only
two percent of the average annual landings for all fleets fishing in
the EPO during that period (for information on Pacific bluefin tuna
harvests in the EPO, see: https://isc.ac.affrc.go.jp/pdf/ISC12pdf/ISC12_Plenary_Report-FINAL.pdf).

Table 1--U.S. Commercial Annual Catch of Pacific Bluefin Tuna in the EPO
------------------------------------------------------------------------
Pacific
bluefin tuna
Year catch (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.................................................... 1
2011.................................................... 118
2012.................................................... * 42
------------------------------------------------------------------------
Source: Highly Migratory Species Stock Assessment and Fishery
Evaluation: https://www.pcouncil.org/highly-migratory-species/stock-assessment-and-fishery-evaluation-safe-documents/current-hms-safe-document/ document/.
* Preliminary PacFIN estimate of 2012 Pacific bluefin tuna landings by
United States, extracted February 22, 2013.

Proposed Regulations for Pacific Bluefin Tuna for 2014

Under this proposed rule, once Pacific bluefin tuna catch limits
have been reached, NMFS will prohibit any further targeting, retaining
on board, transshipping, or landing of Pacific bluefin tuna in the
Convention Area, because these activities can be effectively verified
for enforcement purposes. Therefore, targeting, retaining on board,
transshipping, or landing of Pacific bluefin tuna by all U.S.
commercial vessels in the IATTC Convention Area shall be prohibited for
the remainder of 2014 when the Commission-wide commercial catch limit
of 5,000 metric tons of Pacific bluefin tuna is reached, and the 500
metric tons commercial catch limit of Pacific bluefin tuna is reached
by the U.S. fleet. If the U.S. commercial fishing fleet has not caught
500 metric tons of Pacific bluefin tuna in the Convention Area in 2014
when the Commission-wide 5,000 metric tons catch limit is reached, then
the U.S. commercial fleet may continue to target, retain, transship, or
land Pacific bluefin tuna until the 500 metric ton limit is reached.
The U.S. commercial fleet may continue to target, retain, transship, or
land more than the 500 metric tons of Pacific bluefin tuna in 2014
unless and until the Commission-wide catch limit of 5,000 metric tons
is reached.

Announcement of the Limit Being Reached

To ensure that the total catch of Pacific bluefin tuna taken from
the IATTC Convention Area does not exceed the Commission-wide catch
limit for 2014, NMFS will report U.S. catch to the IATTC Director on a
monthly basis. The IATTC Director will inform CPCs when 50 percent of
the Commission-wide limit is reached. The Director will likewise send
similar notices when 60, 70, and 80 percent of the Commission-wide
limit is reached. When 90 percent is reached, the Director will send
the corresponding notice to all CPCs, with a projection of when the
5,000 metric ton Commission-wide limit will be reached, at which time
CPCs are expected to take the necessary internal measures to avoid
exceeding the limit. NMFS will provide updates on Commission-wide and
U.S. catches to the public via the highly migratory and coastal pelagic
species listservs and the West Coast Region Web site: https://www.westcoast.fisheries.noaa.gov/fisheries/migratory_species/bluefin_tuna_harvest_status.html. Additionally, NMFS will report
preliminarily estimated Pacific bluefin tuna catch between monthly
intervals if and when catches approach the limits to help participants
in the U.S. commercial fishery plan for the possibility of the catch
limit being reached.

[[Page 1812]]

When NMFS is informed that the 5,000 metric ton Commission-wide
limit has been met (based on information provided by the IATTC
Director) and that the 500 metric ton catch limit is expected to be
reached before the end of 2014 (based on landings receipts, data
submitted in logbooks, and other available fishery information), NMFS
will publish a notice in the Federal Register announcing that the
targeting, retaining, transshipping or landing for Pacific bluefin tuna
will be prohibited on a specified effective date through December 31,
2014. 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 during the
period specified in the announcement, with the exception that any
Pacific bluefin tuna already on board a fishing vessel on the effective
date may be retained on board, transshipped, and/or landed, to the
extent authorized by applicable laws and regulations, provided that
they are landed within 14 days after the effective date. NMFS
anticipates limits to catches of Pacific bluefin tuna in the EPO to be
included in future resolutions by the IATTC.

Classification

The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act and other applicable
laws. This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. Additionally, while there are no new
collection-of-information requirements associated with this action that
are subject to the Paperwork Reduction Act, existing collection-of-
information requirements associated with the Fishery Management Plan
for U.S. West Coast Fisheries for Highly Migratory Species still apply.
These requirements have been approved by the Office of Management and
Budget under Control Number 0648-0204. The initial regulatory
flexibility analysis is summarized in the following paragraphs.
The main objective of this proposed rule is to establish catch
limits to contribute to the conservation of the Pacific bluefin tuna
stock. This rule would apply to owners and operators of U.S. commercial
fishing vessels that catch Pacific bluefin tuna in the IATTC Convention
Area. Each vessel that would be affected is considered a small business
according to the Small Business Administration's revised size standards
(78 FR 37398, June 20, 2013), which increased the size standard for
Finfish Fishing from $ 4.0 to 19.0 million, Shellfish Fishing from $
4.0 to 5.0 million, and Other Marine Fishing from $4.0 to 7.0 million.
Pacific bluefin tuna do not serve as the primary target species for any
U.S. commercial vessels, but rather are incidentally or
opportunistically caught by U.S. commercial vessels fishing in the EPO.
Therefore, the action is not expected to have a significant or
disproportional economic impact on these small business entities.
NMFS will publish a notice in the Federal Register announcing that
restrictions will be effective from the dates specified through the end
of the calendar year. NMFS will take reasonable actions to inform
vessel owners in advance of publishing, in a Federal Register
announcement, the effective date for the restrictions on targeting,
retaining, transshipping, or landing Pacific bluefin tuna captured in
the IATTC Convention Area. In the event that the limit on Pacific
bluefin tuna catch is reached in 2014, it will be the responsibility of
the commercial vessel owner to ensure that no further targeting of
Pacific bluefin tuna occurs, and that no more Pacific bluefin tuna are
retained on board, transshipped, or landed after the specified dates
published in the Federal Register notice announcing that the annual
limit is expected to be reached.
While this proposed rule does not mandate any new ``reporting'' or
``recordkeeping'' requirements for the public, some compliance costs
may be associated with the regulations if the restrictions on
targeting, retaining, transshipping, or landing Pacific bluefin tuna
captured in the IATTC Convention Area becomes effective in 2014 as a
result of the commercial catch limits being reached. The Pacific
bluefin tuna commercial catch limits are not expected to result in
closing fishing of Pacific bluefin tuna in the Convention Area to U.S.
commercial vessels because annual U.S. catches of Pacific bluefin tuna
have not reached 500 metric tons in more than a decade. In the event of
a closure under this rule, the cost of compliance would be de minimis.
Compliance costs could consist of returning incidentally caught bluefin
tuna to the ocean, forgoing associated profits, and potentially losing
fishing opportunity if bluefin are available to the U.S. fleet during
the time a closure is in place.
The U.S. catch of Pacific bluefin tuna in the EPO represents a
relatively minor component of the overall catch of Pacific bluefin tuna
from the EPO. The average annual U.S. catch of Pacific bluefin tuna was
113 metric tons for 1999 through 2012. Table 1 (above) illustrates U.S.
commercial catch of bluefin tuna in the EPO for the years 1999 to 2012.
Pacific bluefin tuna is commercially caught by U.S. vessels fishing in
the EPO on an irregular basis. Most of the landings are made by small
coastal purse seine vessels operating in the Southern California Bight
with limited additional landings made by the drift gillnet fleet that
targets swordfish and thresher shark. Lesser amounts of Pacific bluefin
tuna are caught by surface hook and line and longline gear (typically
less than .05 metric tons per year for these gear types combined). The
number of purse seine vessels that have landed tuna in California
averaged 197 annually from 1981 through 1990. However, from 2000 to
2013, six small purse seiners have been registered with the IATTC to
target Pacific bluefin tuna in the Convention Area each year. The
landings data suggests that they opportunistically targeted Pacific
bluefin tuna in alternate years since 2001. The decline in the number
of domestic vessels is correlated in part with the relocation of large
cannery operations.
NMFS compared the effects of the Pacific bluefin tuna restrictions
imposed by this rule to a no action alternative. Under the no action
alternative, there would be no limit on U.S. commercial catches of
Pacific bluefin tuna in the IATTC Convention Area. It is unlikely that
any benefit to U.S. commercial fisheries would be gained from not
implementing Resolution C-13-02 as recent trends in Pacific bluefin
tuna catch data indicate that it is unlikely that the U.S. catch limit
will be reached. However, failing to adopt this rule would result in
the United States not satisfying its international obligations as a
member of the IATTC. Furthermore, implementing Resolution C-13-02 could
benefit the conservation of Pacific bluefin tuna by limiting catches if
the fish were to become abundantly available to U.S. commercial vessels
fishing in the EPO in 2014.

List of Subjects in 50 CFR Part 300

Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.

[[Page 1813]]

Dated: January 7, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the 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

0
1. The authority citation for 50 CFR part 300, continues to read as
follows:

Authority: 16 U.S.C. 951-961 et seq.

0
2. In Sec. 300.24, paragraph (u) is added to read as follows:

Sec. 300.24 Prohibitions.

* * * * *
(u) Use a United States commercial fishing vessel in the IATTC
Convention Area in contravention of Sec. 300.25(h)(4)
0
3. In Sec. 300.25, paragraph (h) is added to read as follows:

Sec. 300.25 Eastern Pacific fisheries management.

* * * * *
(h) Pacific bluefin tuna commercial catch limits in the eastern
Pacific Ocean. (1) For the calendar year 2014, all commercial fishing
vessels of IATTC member countries and cooperating non-member countries
collectively are subject to a limit of 5,000 metric tons of Pacific
bluefin tuna that may be captured, retained, and landed in the
Convention Area.
(2) Notwithstanding the collective 5,000 metric ton limit, in
calendar year 2014 commercial vessels of the United States may capture,
retain, transship, or land up to 500 metric tons of Pacific bluefin
tuna.
(3) After NMFS determines that the limits under paragraphs (h)(1)
and (2) of this section are expected to be reached by a future date,
and at least 7 calendar days in advance of that date, NMFS will publish
a notice of closure in the Federal Register announcing the effective
date that additional targeting, retaining on board, transshipping or
landing Pacific bluefin tuna in the Convention Area shall be prohibited
as described in paragraph (h)(4) of this section.
(4) Beginning on the date announced in the notice of closure
published under paragraph (h)(3) of this section through the end of the
calendar year, 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, with the exception that 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, to the extent authorized by applicable laws and regulations,
provided such tuna is landed within 14 days after the effective date
published in the notice of closure.

[FR Doc. 2014-00269 Filed 1-9-14; 8:45 am]
BILLING CODE 3510-22-P

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