International Fisheries; Pacific Tuna Fisheries; 2015 and 2016 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean, 38986-38989 [2015-16720]
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38986
Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations
VII. Congressional Review Act
*
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: June 26, 2015.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
1. The authority citation for part 180
continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.368:
a. Remove the entries ‘‘Cucumber,’’
‘‘Melon subgroup 9A,’’ ‘‘Okra,’’
‘‘Pumpkin,’’ ‘‘Squash, winter,’’
‘‘Sunflower, seed,’’ and ‘‘Vegetable,
fruiting, group 8, except tabasco
pepper,’’ in paragraph (a)(2).
■ b. Add alphabetically the following
commodities to the table in paragraph
(a)(2).
The amendments read as follows:
■
■
§ 180.368 Metolachlor; tolerances for
residues.
(a) * * *
(2) * * *
Parts per
million
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
RIN 0648–BE71
International Fisheries; Pacific Tuna
Fisheries; 2015 and 2016 Commercial
Fishing Restrictions for Pacific Bluefin
Tuna in the Eastern Pacific Ocean
The National Marine
Fisheries Service (NMFS) is issuing
regulations under the Tuna Conventions
Act to implement Resolution C–14–06
of the Inter-American Tropical Tuna
Commission (IATTC or the
Commission) by establishing limits on
U.S. commercial catch of Pacific bluefin
tuna from waters of the IATTC
Convention Area for 2015 and 2016.
This action is necessary for the United
States to satisfy its obligations as a
member of the IATTC.
DATES: The final rule is effective July 9,
2015.
ADDRESSES: Copies of the Regulatory
Impact Review (RIR), Environmental
Assessment, and other supporting
documents are available via the Federal
eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2014–0151, or contact with the
Regional Administrator, William W.
Stelle, Jr., NMFS West Coast Region,
7600 Sand Point Way NE., Bldg 1,
Seattle, WA 98115–0070, or
RegionalAdministrator.WCRHMS@
noaa.gov.
SUMMARY:
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Sunflower subgroup 20B ......
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
PART 180—[AMENDED]
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AGENCY:
Therefore, 40 CFR chapter I is
amended as follows:
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Lettuce ..................................
Low growing berry subgroup
13–07G, except cranberry
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[Docket No. 141222999–5561–02]
List of Subjects in 40 CFR Part 180
Commodity
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[FR Doc. 2015–16523 Filed 7–7–15; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Celia Barroso, NMFS, Celia.Barroso@
noaa.gov, 562–432–1850.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2015, NMFS published
a proposed rule in the Federal Register
(80 FR 12375) to revise regulations at 50
*
CFR part 300, subpart C, to implement
Resolution C–14–06, ‘‘Measures for the
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Conservation and Management of
Bluefin Tuna in the Eastern Pacific
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Ocean, 2015–2016.’’ This resolution was
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adopted by the IATTC at its 88th
meeting in October 2014. The public
comment period was open until April 8,
2015, and NMFS accepted public
comment at a hearing held at the NMFS
West Coast Region Long Beach office on
March 26, 2015. Additionally, NMFS
solicited public comment on the
proposed trip limits, which are a new
management tool in U.S. West Coast
management of fisheries for Pacific
bluefin tuna. The proposed trip limits
were based on a recommendation from
the Pacific Fishery Management Council
(Council) at its November 2014 meeting.
The final rule is implemented under
the authority of the Tuna Conventions
Act (16 U.S.C. 951 et seq.), which
directs the Secretary of Commerce, after
approval by the Secretary of State, to
promulgate regulations as may be
necessary to implement resolutions
adopted by the IATTC. This authority
has been delegated to NMFS.
The proposed rule contains additional
background information, including
information on the IATTC, the
international obligations of the United
States as an IATTC member, and the
need for regulations. Additional
information on changes since the
proposed rule is included below.
New Regulations
This final rule establishes catch limits
for U.S. commercial vessels that catch
Pacific bluefin tuna in the Convention
Area (defined as the waters of the
eastern Pacific Ocean (EPO)) for 2015
and 2016. 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. In
2015, the catch limit for the entire U.S.
fleet is 425 metric tons (mt) with an
initial trip limit 1 of 25 mt per vessel.
When NMFS anticipates that the total
catch for the fleet has reached 375 mt,
NMFS will impose a 2-mt trip limit for
each vessel that will be in effect until
the total catch for 2015 reaches 425 mt.
For calendar year 2016, NMFS will
announce the catch limit in a Federal
Register notice; NMFS will calculate the
2016 catch limit to ensure compliance
with Resolution C–14–06 (i.e., not to
exceed 425 mt in either year and if catch
exceeds 300 mt in 2015, then catch will
be limited to 200 mt in 2016). The 2016
catch limit will be calculated as the
remainder from the 2015 catch limit
(i.e., how much of 425 mt was not
1 This rule defines ‘‘trip limit’’ as the total
allowable amount of a species by weight of fish that
may be retained on board, transshipped, or landed
during a single fishing trip.
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caught) added to 175 mt, except as
follows: (1) If 175 mt or less is caught
in 2015, then the 2016 catch limit is 425
mt; (2) if greater than 300 mt and up to
400 mt are caught in 2015, then the
catch limit in 2016 will be 200 mt; or
(3) if greater than 425 mt is caught in
2015, then the catch limit in 2016 will
be further reduced by the amount in
excess of 425 mt (i.e., the remainder of
the 600 mt limit for 2015–2016). The
fishery in 2016 will also be subject to an
initial 25-mt trip limit until catch is
within 50 mt of the 2016 catch limit,
after which a 2-mt trip limit will be
imposed.
When NMFS determines that the
catch limit is expected to be reached in
2015 or 2016 (based on landings
receipts, data submitted in logbooks,
and other available fishery information),
NMFS will prohibit commercial fishing
for, or retention of, Pacific bluefin tuna
for the remainder of the calendar year.
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 the end of that calendar year.
Upon that effective date, a commercial
fishing vessel of the United States may
not be used to target, retain on board,
transship, or land Pacific bluefin tuna
captured in the Convention Area 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.
Catch Monitoring, Catch Limit
Announcements
NMFS will provide updates on Pacific
bluefin tuna catches in the Convention
Area to the public via the IATTC listserv
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 preliminary estimates
of Pacific bluefin tuna catch between
monthly intervals if and when
commercial catches approach the limits
to help participants in the U.S.
commercial fishery plan for the
possibility of catch limits being reached.
NMFS will notify industry when catch
approaches 250 mt in 2015.
In 2015, NMFS will publish up to two
Federal Register notices after the final
rule is issued, imposing inseason
management measures. First, NMFS will
publish a notice when the commercial
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2-mt trip limit is imposed (i.e., catch is
expected to reach 375 mt). Second,
NMFS will publish a notice closing the
entire commercial fishery when NMFS
determines that the catch limit is
expected to be met.
In 2016, NMFS will publish up to
three notices in the Federal Register.
The first notice will announce the 2016
catch limit. A second notice will
announce the 2-mt trip limit, when
NMFS determines that the commercial
catch is expected to be within 50 mt of
the catch limit. NMFS will publish a
third notice in the Federal Register
when NMFS determines that the catch
limit is expected to be reached.
Public Comments and Responses
NMFS received eight written public
comments and additional comments
from attendees to a public hearing held
on March 26, 2015, at the NMFS West
Coast Region Long Beach office.
Comments received were in regard to
more than one aspect of the rule and
some comments were very similar;
therefore, NMFS is responding to the
common themes/topics. The responses
are summarized below. NMFS did not
receive any comments objecting to the
2-mt trip limit when catch is within 50
mt of the catch limit in either 2015 or
2016. One commenter generally
supported restrictions on commercial
fishing and did not express support or
objections to specific measures of the
proposed rule.
Comments that were beyond the
scope of this rulemaking are not
addressed here. Nonetheless, some of
those comments are valuable and NMFS
will consider them for future
management planning.
Comment 1: The rule should not
include a trip limit (e.g., an initial 20mt trip limit proposed), or should have
a higher trip limit (e.g., up to 50 mt),
because it will lead to discards. In
support for this point, a commenter
noted that a recent record of per trip
catches from one vessel exceeded the
proposed trip limit. The commenter also
stated that fish in excess of the trip limit
that are encircled and then released
would not survive; therefore, the trip
limits do not promote management
measures to reduce fishing mortality.
Additionally, the ability of vessel
operators to catch a small quantity is
uncertain. If only large schools are
present, the vessel operators may have
to forgo catching Pacific bluefin tuna. A
comment received at the public hearing
also recommended a higher trip limit.
Response: NMFS agrees that an
increase in the trip limit from 20 mt to
25 mt is warranted (for an explanation
of the rationale, please see the next
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section, Changes from the Proposed
Rule). NMFS anticipates that increasing
the trip limit from the proposed 20 mt
to 25 mt will reduce the potential for
discards while still sufficiently reducing
the rate of harvest to meet the
management objectives of providing
access to, without exceeding, the full
catch limit. Increasing the trip limit
beyond 25 mt would make monitoring
and timely closure more difficult.
Regarding mortality of released fish,
other comments received suggest vessel
operators could target smaller schools
and fish could survive brailing
operations. NMFS is unaware of any
studies that refute this anecdotal
information.
Comment 2: NMFS should adopt an
initial trip limit (e.g., 20-mt trip limit)
as proposed because it may alleviate
derby-style fishing pressures and the
potential for excess supply of Pacific
bluefin tuna, and therefore, could make
fishery more profitable. In particular,
slowing the harvest rate could support
development of a local fresh-frozen
market for Pacific bluefin tuna in
California, whereas large sets are only
suitable for canning. Commenters also
specifically supported 20 mt as the
initial trip limit. The 20-mt trip limit is
a good an inseason management tool to
ensure that catch limits are not
exceeded and reduce the potential for a
fishery closure that could require
discarding of incidentally caught PBF. A
skilled purse seine captain can estimate
the size of a set, and release fish alive
during the brailing operation, if needed.
One commenter suggested trip limits
should only be imposed for the shortterm, while the overall catch limit is so
low.
Response: NMFS agrees that the
initial trip limit (e.g., 20 mt) is a useful
management tool in this situation. As
explained in the Response to Comment
1, NMFS is implementing an initial trip
limit of 25 mt, rather than 20 mt as
originally proposed, to address concerns
about discards; the higher trip limit is
expected to meet the management
objectives, including alleviating derbystyle fishing pressure. Further, the 2-mt
trip limit when catch is within 50 mt of
the 2015 or 2016 limit is intended to
prevent discards of incidentally caught
PBF in non-directed fisheries (e.g. troll
and line, drift gillnet). Additionally, the
catch and trip limits in this rule are only
applicable to 2015 and 2016. If the
IATTC adopts subsequent resolutions
on the conservation and management of
Pacific bluefin tuna, NMFS will
evaluate whether trip limits are
appropriate management measures at
that time.
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations
Comment 3: Current monitoring and
enforcement is inadequate to enforce
catch and trip limits, and ensure the
biennial catch limits are not exceeded.
The proposed trip limit—NMFS
assumes this refers to the 20-mt trip
limit and not the 2-mt trip limit—
incentivizes discards. Further,
misreporting could undermine accurate
estimates of fishing mortality. Vessel
operators should be required to record
discards to ensure that the United States
does not exceed the catch limits.
Without observer coverage, NMFS
should estimate the portion of catch
discarded dead and include it in the
estimate of total U.S. catch of Pacific
bluefin tuna. The fishery should be
closely monitored to ensure the catch
limit is not exceeded.
Response: NMFS acknowledges that
monitoring and enforcement of trip
limits can be a problem for fisheries
management, but has determined that
an initial trip limit of 25 mt can be
adequately monitored and enforced.
Vessel operators are required to fill out
logbooks, which includes all catch,
whether kept or returned to sea, and to
submit the logbooks to NMFS within 30
days of each landing or transshipment
(see 50 CFR 660.708). All catch,
including discards, will count toward
the catch limits. NMFS intends to work
closely with California Department of
Fish and Wildlife (CDFW) and vessel
operators, as it did in 2014, to monitor
catches and landings to ensure limits
are not exceeded. In 2014, NMFS
received near real-time landings data
from CDFW and vessel operators.
Comment 4: The proposed rule fails to
address an objective in Resolution
C–14–06 that only 50 percent of the
total catch be comprised of fish less
than 30 kilograms (kg). Furthermore, the
United States should limit catches even
further to 250 mt per year, a level
comparable to the 30 percent reduction
considered for the recreational fishery.
Response: Regarding size limits,
C–14–06 establishes a goal, but not a
requirement. NMFS is promulgating this
rule in accordance with the
requirements of Resolution C–14–06
with additional provisions (e.g., trip
limits) to be able to effectively meet the
requirements of the resolution (i.e., not
exceeding catch limits). Resolution
C–14–06 and this rule represent
commercial catch reductions consistent
with recommendations of the IATTC
scientific staff (i.e., 20 to 45 percent) to
aid in the rebuilding of the stock. More
specifically, the catch limits in
Resolution C–14–06 (i.e., an average of
300 mt per year) represent a 40 percent
reduction from U.S. commercial catch
limits in previous resolutions (i.e., 500
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mt per year) on the conservation and
management of Pacific bluefin tuna.
Lastly, requiring that fishermen target
and land larger fish (i.e., greater than 30
kg) could lead to discards, as well as
additional harvest costs (e.g., search
time for schools of larger fish).
General Comments not Within the
Scope of the Rule: NMFS received
several comments outside the scope of
the proposed rule regarding: Future
negotiations tactics by the United States
on Pacific bluefin tuna conservation and
management measures in the
Convention Area, recommendations for
additional science needs, improvement
of catch monitoring by requiring daily
communication between NMFS and
vessel owners, requiring full retention of
Pacific bluefin tuna, objections to the
current catch limit as agreed to in
Resolution C–14–06, and the effects of
the current fishery conditions for other
species targeted by the coastal purse
seiners (i.e., sardines and market squid).
Response to General Comments not
Within the Scope of the Rule: NMFS
will take these comments and concerns
into consideration when developing
future positions at upcoming IATTC
meetings, as well as developing
scientific partnerships to address gaps
in knowledge. Regarding daily
communication between vessel
operators and NMFS, there would be
value in increased communication to
more closely monitor the fishery. NMFS
is considering developing a rule to
require vessel operators to notify NMFS
upon landing Pacific bluefin tuna.
Nonetheless, NMFS will endeavor to
promote better cooperation and
communication with vessel operators to
receive catch data at the time of landing.
NMFS views the requirement to log all
catches and a requirement to land all
catch (i.e., full retention) as having the
same goal: To account for all Pacific
bluefin tuna caught by U.S. vessels.
Vessel operators are currently required
to log all catch, which would be
counted toward the catch limit. As
described in responses above, NMFS is
implementing a higher than originally
proposed trip limit to address concerns
about discards. Regarding other target
fisheries (e.g., sardines, market squid),
at the time Resolution C–14–06 was
adopted (October 2014), the U.S.
delegation was unaware of the drastic
reductions in the fishery for Pacific
sardine that are being imposed because
of the reduced biomass estimates.
However, the United States would have
nonetheless endeavored to make cuts
consistent with IATTC scientific staff
recommendations to aid in rebuilding of
Pacific bluefin tuna.
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Changes From the Proposed Rule
NMFS received a number of
comments expressing concern about the
potential for discards resulting from the
proposal to set the initial trip limit each
year at 20 mt. NMFS has concluded that
a higher trip limit of 25 mt is warranted
to reduce the potential for discards
while still meeting the management
objectives (e.g., inseason management).
NMFS found that the average landing by
a vessel from a trip targeting PBF during
2005 to 2014 was 30.6 mt (ranging from
0.04 mt to 75.8 mt; median is 29.2); 36
percent of these trips included landings
up to 25 mt, whereas only 23 percent of
the trips included landings up to 20 mt.
NMFS concludes that increasing the trip
limit to 25 mt will tend to reduce
discards while still sufficiently reducing
the rate of harvest to meet the objective
of providing access to, without
exceeding, the full catch limit.
Consequently, NMFS is implementing
trip limits as recommended by the
Council, but increasing the level of the
initial trip limit from 20 mt to 25 mt.
Classification
The NMFS Assistant Administrator
has determined that this rule is
consistent with the Tuna Conventions
Act and other applicable laws.
This rule was determined to be not
significant for purposes of Executive
Order 12866.
Although there are no new collectionof-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
(HMS FMP) still apply. These
requirements have been approved by the
Office of Management and Budget under
Control Number 0648–0204.
Notwithstanding any other provision of
the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection-of-information subject
to the requirements of the PRA, unless
that collection-of-information displays a
currently valid OMB control number.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
This final rule contains a change in the
trip limit that was published in the
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proposed action. As a result of public
comments, the trip limit was increased
from 20 mt to 25 mt. This change is
anticipated to result in a minor
economic benefit for impacted business
entities. No comments were received
regarding the certification. Therefore,
the certification published with the
proposed rule, that this rule is not
expected to have a significant economic
impact on a substantial number of small
entities, is still valid. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
The Assistant Administrator for
Fisheries has determined that the need
to conserve Pacific bluefin tuna and
comply with our international
obligations constitutes good cause,
under 5 U.S.C. 553(d)(3), to waive the
requirement for a 30-day delay in
effectiveness. Pacific bluefin tuna have
migrated in significant numbers into
waters off of southern California and
commercial purse seine vessels have
begun fishing for Pacific bluefin tuna off
of the U.S West Coast. If the trip limits
implemented by this rule were subject
to the 30-day delay in effectiveness, and
taking into account that a single trip
could catch up to 75 mt, there is
potential for a derby-style fishery that
would result in exceeding the 425-mt
catch limit for 2015 before this rule goes
into effect. Although justification exists
to waive the 30-day delay in
effectiveness, NMFS is implementing a
7-day delay in effectiveness to provide
sufficient time for any vessels currently
operating to comply with the new
regulations; vessels that target Pacific
bluefin tuna typically complete their
fishing trips within one to two days. As
soon as the rule is filed, notice will be
sent to inform members of the tunafishing industry.
Therefore, to conserve Pacific bluefin
tuna, which are overfished, and to
remain in compliance with IATTC
Resolution C–14–06, NMFS has
determined that implementing these
measures 7 days after filing with the
Office of Federal Register is in the
public’s interest.
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List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
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Dated: July 1, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 300 is amended
as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart C—Eastern Pacific Tuna
Fisheries
1. The authority citation for part 300,
subpart C, continues to read as follows:
■
Authority: 16 U.S.C. 951 et seq.
2. In § 300.21, add the definition for
‘‘Trip limit’’ in alphabetical order to
read as follows:
■
§ 300.21
Definitions.
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Trip limit means the total allowable
amount of a species by weight of fish
that may be retained on board,
transshipped, or landed from a single
fishing trip by a vessel that harvests
tuna or tuna-like species.
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■ 3. In § 300.24, revise paragraph (u) to
read as follows:
§ 300.24
Prohibitions.
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(u) Use a United States commercial
fishing vessel in the Convention Area to
target, retain on board, transship or land
Pacific bluefin tuna in contravention of
§ 300.25(h)(3) and (5).
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■ 4. In § 300.25, revise paragraph (h) to
read as follows:
§ 300.25 Eastern Pacific fisheries
management.
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(h) Pacific bluefin tuna commercial
catch limits in the eastern Pacific Ocean
for 2015–2016. The following is
applicable to the U.S. commercial
fishery for Pacific bluefin tuna in the
Convention Area in the years 2015 and
2016.
(1) For the calendar year 2015, all
commercial fishing vessels of the United
States combined may capture, retain,
transship, or land no more than 425
metric tons in the Convention Area.
(2) In 2016, NMFS will publish a
notice in the Federal Register
announcing the 2016 catch limit. For
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38989
the calendar year 2016, all commercial
fishing vessels of the United States
combined may capture, retain on board,
transship, or land no more than the
2016 catch limit. The 2016 catch limit
is calculated by adding any amount of
the 425 metric ton catch limit that was
not caught in 2015, as determined by
NMFS, to 175 metric tons, except as
follows:
(i) If 175 metric tons or less are caught
in 2015, as determined by NMFS, then
the 2016 catch limit is 425 metric tons;
(ii) If in 2015, greater than 300 metric
tons and up to 400 metric tons are
caught, as determined by NMFS, then
the 2016 catch limit is 200 metric tons;
or
(iii) If greater than 425 metric tons are
caught in 2015, as determined by
NMFS, then the 2016 catch limit is
calculated by subtracting the amount
caught in 2015 from 600 metric tons.
(3) In 2015 and 2016, a 25 metric ton
trip limit will be in effect until NMFS
anticipates that catch will be within 50
metric tons of the catch limits, after
which a 2 metric ton trip limit will be
in effect upon publication of a notice in
the Federal Register by NMFS.
(4) After NMFS determines that the
catch limits under paragraphs (h)(1) and
(2) of this section are expected to be
reached by a future date, NMFS will
publish a fishing closure notice 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)(5) of this
section.
(5) Beginning on the date announced
in the fishing closure notice published
under paragraph (h)(4) 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 Pacific
bluefin tuna is landed within 14 days
after the effective date published in the
fishing closure notice.
[FR Doc. 2015–16720 Filed 7–2–15; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\08JYR1.SGM
08JYR1
Agencies
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38986-38989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16720]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 141222999-5561-02]
RIN 0648-BE71
International Fisheries; Pacific Tuna Fisheries; 2015 and 2016
Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern
Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) is issuing
regulations under the Tuna Conventions Act to implement Resolution C-
14-06 of the Inter-American Tropical Tuna Commission (IATTC or the
Commission) by establishing limits on U.S. commercial catch of Pacific
bluefin tuna from waters of the IATTC Convention Area for 2015 and
2016. This action is necessary for the United States to satisfy its
obligations as a member of the IATTC.
DATES: The final rule is effective July 9, 2015.
ADDRESSES: Copies of the Regulatory Impact Review (RIR), Environmental
Assessment, and other supporting documents are available via the
Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA-
NMFS-2014-0151, or contact with the Regional Administrator, William W.
Stelle, Jr., NMFS West Coast Region, 7600 Sand Point Way NE., Bldg 1,
Seattle, WA 98115-0070, or RegionalAdministrator.WCRHMS@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS,
Celia.Barroso@noaa.gov, 562-432-1850.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2015, NMFS published a proposed rule in the Federal
Register (80 FR 12375) to revise regulations at 50 CFR part 300,
subpart C, to implement Resolution C-14-06, ``Measures for the
Conservation and Management of Bluefin Tuna in the Eastern Pacific
Ocean, 2015-2016.'' This resolution was adopted by the IATTC at its
88th meeting in October 2014. The public comment period was open until
April 8, 2015, and NMFS accepted public comment at a hearing held at
the NMFS West Coast Region Long Beach office on March 26, 2015.
Additionally, NMFS solicited public comment on the proposed trip
limits, which are a new management tool in U.S. West Coast management
of fisheries for Pacific bluefin tuna. The proposed trip limits were
based on a recommendation from the Pacific Fishery Management Council
(Council) at its November 2014 meeting.
The final rule is implemented under the authority of the Tuna
Conventions Act (16 U.S.C. 951 et seq.), which directs the Secretary of
Commerce, after approval by the Secretary of State, to promulgate
regulations as may be necessary to implement resolutions adopted by the
IATTC. This authority has been delegated to NMFS.
The proposed rule contains additional background information,
including information on the IATTC, the international obligations of
the United States as an IATTC member, and the need for regulations.
Additional information on changes since the proposed rule is included
below.
New Regulations
This final rule establishes catch limits for U.S. commercial
vessels that catch Pacific bluefin tuna in the Convention Area (defined
as the waters of the eastern Pacific Ocean (EPO)) for 2015 and 2016.
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. In 2015, the catch limit for the entire U.S. fleet is 425
metric tons (mt) with an initial trip limit \1\ of 25 mt per vessel.
When NMFS anticipates that the total catch for the fleet has reached
375 mt, NMFS will impose a 2-mt trip limit for each vessel that will be
in effect until the total catch for 2015 reaches 425 mt. For calendar
year 2016, NMFS will announce the catch limit in a Federal Register
notice; NMFS will calculate the 2016 catch limit to ensure compliance
with Resolution C-14-06 (i.e., not to exceed 425 mt in either year and
if catch exceeds 300 mt in 2015, then catch will be limited to 200 mt
in 2016). The 2016 catch limit will be calculated as the remainder from
the 2015 catch limit (i.e., how much of 425 mt was not
[[Page 38987]]
caught) added to 175 mt, except as follows: (1) If 175 mt or less is
caught in 2015, then the 2016 catch limit is 425 mt; (2) if greater
than 300 mt and up to 400 mt are caught in 2015, then the catch limit
in 2016 will be 200 mt; or (3) if greater than 425 mt is caught in
2015, then the catch limit in 2016 will be further reduced by the
amount in excess of 425 mt (i.e., the remainder of the 600 mt limit for
2015-2016). The fishery in 2016 will also be subject to an initial 25-
mt trip limit until catch is within 50 mt of the 2016 catch limit,
after which a 2-mt trip limit will be imposed.
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\1\ This rule defines ``trip limit'' as the total allowable
amount of a species by weight of fish that may be retained on board,
transshipped, or landed during a single fishing trip.
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When NMFS determines that the catch limit is expected to be reached
in 2015 or 2016 (based on landings receipts, data submitted in
logbooks, and other available fishery information), NMFS will prohibit
commercial fishing for, or retention of, Pacific bluefin tuna for the
remainder of the calendar year. 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 the end of that calendar year. Upon
that effective date, a commercial fishing vessel of the United States
may not be used to target, retain on board, transship, or land Pacific
bluefin tuna captured in the Convention Area 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.
Catch Monitoring, Catch Limit Announcements
NMFS will provide updates on Pacific bluefin tuna catches in the
Convention Area to the public via the IATTC listserv 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 preliminary estimates of Pacific bluefin tuna catch between
monthly intervals if and when commercial catches approach the limits to
help participants in the U.S. commercial fishery plan for the
possibility of catch limits being reached. NMFS will notify industry
when catch approaches 250 mt in 2015.
In 2015, NMFS will publish up to two Federal Register notices after
the final rule is issued, imposing inseason management measures. First,
NMFS will publish a notice when the commercial 2-mt trip limit is
imposed (i.e., catch is expected to reach 375 mt). Second, NMFS will
publish a notice closing the entire commercial fishery when NMFS
determines that the catch limit is expected to be met.
In 2016, NMFS will publish up to three notices in the Federal
Register. The first notice will announce the 2016 catch limit. A second
notice will announce the 2-mt trip limit, when NMFS determines that the
commercial catch is expected to be within 50 mt of the catch limit.
NMFS will publish a third notice in the Federal Register when NMFS
determines that the catch limit is expected to be reached.
Public Comments and Responses
NMFS received eight written public comments and additional comments
from attendees to a public hearing held on March 26, 2015, at the NMFS
West Coast Region Long Beach office. Comments received were in regard
to more than one aspect of the rule and some comments were very
similar; therefore, NMFS is responding to the common themes/topics. The
responses are summarized below. NMFS did not receive any comments
objecting to the 2-mt trip limit when catch is within 50 mt of the
catch limit in either 2015 or 2016. One commenter generally supported
restrictions on commercial fishing and did not express support or
objections to specific measures of the proposed rule.
Comments that were beyond the scope of this rulemaking are not
addressed here. Nonetheless, some of those comments are valuable and
NMFS will consider them for future management planning.
Comment 1: The rule should not include a trip limit (e.g., an
initial 20-mt trip limit proposed), or should have a higher trip limit
(e.g., up to 50 mt), because it will lead to discards. In support for
this point, a commenter noted that a recent record of per trip catches
from one vessel exceeded the proposed trip limit. The commenter also
stated that fish in excess of the trip limit that are encircled and
then released would not survive; therefore, the trip limits do not
promote management measures to reduce fishing mortality. Additionally,
the ability of vessel operators to catch a small quantity is uncertain.
If only large schools are present, the vessel operators may have to
forgo catching Pacific bluefin tuna. A comment received at the public
hearing also recommended a higher trip limit.
Response: NMFS agrees that an increase in the trip limit from 20 mt
to 25 mt is warranted (for an explanation of the rationale, please see
the next section, Changes from the Proposed Rule). NMFS anticipates
that increasing the trip limit from the proposed 20 mt to 25 mt will
reduce the potential for discards while still sufficiently reducing the
rate of harvest to meet the management objectives of providing access
to, without exceeding, the full catch limit. Increasing the trip limit
beyond 25 mt would make monitoring and timely closure more difficult.
Regarding mortality of released fish, other comments received suggest
vessel operators could target smaller schools and fish could survive
brailing operations. NMFS is unaware of any studies that refute this
anecdotal information.
Comment 2: NMFS should adopt an initial trip limit (e.g., 20-mt
trip limit) as proposed because it may alleviate derby-style fishing
pressures and the potential for excess supply of Pacific bluefin tuna,
and therefore, could make fishery more profitable. In particular,
slowing the harvest rate could support development of a local fresh-
frozen market for Pacific bluefin tuna in California, whereas large
sets are only suitable for canning. Commenters also specifically
supported 20 mt as the initial trip limit. The 20-mt trip limit is a
good an inseason management tool to ensure that catch limits are not
exceeded and reduce the potential for a fishery closure that could
require discarding of incidentally caught PBF. A skilled purse seine
captain can estimate the size of a set, and release fish alive during
the brailing operation, if needed. One commenter suggested trip limits
should only be imposed for the short-term, while the overall catch
limit is so low.
Response: NMFS agrees that the initial trip limit (e.g., 20 mt) is
a useful management tool in this situation. As explained in the
Response to Comment 1, NMFS is implementing an initial trip limit of 25
mt, rather than 20 mt as originally proposed, to address concerns about
discards; the higher trip limit is expected to meet the management
objectives, including alleviating derby-style fishing pressure.
Further, the 2-mt trip limit when catch is within 50 mt of the 2015 or
2016 limit is intended to prevent discards of incidentally caught PBF
in non-directed fisheries (e.g. troll and line, drift gillnet).
Additionally, the catch and trip limits in this rule are only
applicable to 2015 and 2016. If the IATTC adopts subsequent resolutions
on the conservation and management of Pacific bluefin tuna, NMFS will
evaluate whether trip limits are appropriate management measures at
that time.
[[Page 38988]]
Comment 3: Current monitoring and enforcement is inadequate to
enforce catch and trip limits, and ensure the biennial catch limits are
not exceeded. The proposed trip limit--NMFS assumes this refers to the
20-mt trip limit and not the 2-mt trip limit-- incentivizes discards.
Further, misreporting could undermine accurate estimates of fishing
mortality. Vessel operators should be required to record discards to
ensure that the United States does not exceed the catch limits. Without
observer coverage, NMFS should estimate the portion of catch discarded
dead and include it in the estimate of total U.S. catch of Pacific
bluefin tuna. The fishery should be closely monitored to ensure the
catch limit is not exceeded.
Response: NMFS acknowledges that monitoring and enforcement of trip
limits can be a problem for fisheries management, but has determined
that an initial trip limit of 25 mt can be adequately monitored and
enforced. Vessel operators are required to fill out logbooks, which
includes all catch, whether kept or returned to sea, and to submit the
logbooks to NMFS within 30 days of each landing or transshipment (see
50 CFR 660.708). All catch, including discards, will count toward the
catch limits. NMFS intends to work closely with California Department
of Fish and Wildlife (CDFW) and vessel operators, as it did in 2014, to
monitor catches and landings to ensure limits are not exceeded. In
2014, NMFS received near real-time landings data from CDFW and vessel
operators.
Comment 4: The proposed rule fails to address an objective in
Resolution C-14-06 that only 50 percent of the total catch be comprised
of fish less than 30 kilograms (kg). Furthermore, the United States
should limit catches even further to 250 mt per year, a level
comparable to the 30 percent reduction considered for the recreational
fishery.
Response: Regarding size limits, C-14-06 establishes a goal, but
not a requirement. NMFS is promulgating this rule in accordance with
the requirements of Resolution C-14-06 with additional provisions
(e.g., trip limits) to be able to effectively meet the requirements of
the resolution (i.e., not exceeding catch limits). Resolution C-14-06
and this rule represent commercial catch reductions consistent with
recommendations of the IATTC scientific staff (i.e., 20 to 45 percent)
to aid in the rebuilding of the stock. More specifically, the catch
limits in Resolution C-14-06 (i.e., an average of 300 mt per year)
represent a 40 percent reduction from U.S. commercial catch limits in
previous resolutions (i.e., 500 mt per year) on the conservation and
management of Pacific bluefin tuna. Lastly, requiring that fishermen
target and land larger fish (i.e., greater than 30 kg) could lead to
discards, as well as additional harvest costs (e.g., search time for
schools of larger fish).
General Comments not Within the Scope of the Rule: NMFS received
several comments outside the scope of the proposed rule regarding:
Future negotiations tactics by the United States on Pacific bluefin
tuna conservation and management measures in the Convention Area,
recommendations for additional science needs, improvement of catch
monitoring by requiring daily communication between NMFS and vessel
owners, requiring full retention of Pacific bluefin tuna, objections to
the current catch limit as agreed to in Resolution C-14-06, and the
effects of the current fishery conditions for other species targeted by
the coastal purse seiners (i.e., sardines and market squid).
Response to General Comments not Within the Scope of the Rule: NMFS
will take these comments and concerns into consideration when
developing future positions at upcoming IATTC meetings, as well as
developing scientific partnerships to address gaps in knowledge.
Regarding daily communication between vessel operators and NMFS, there
would be value in increased communication to more closely monitor the
fishery. NMFS is considering developing a rule to require vessel
operators to notify NMFS upon landing Pacific bluefin tuna.
Nonetheless, NMFS will endeavor to promote better cooperation and
communication with vessel operators to receive catch data at the time
of landing. NMFS views the requirement to log all catches and a
requirement to land all catch (i.e., full retention) as having the same
goal: To account for all Pacific bluefin tuna caught by U.S. vessels.
Vessel operators are currently required to log all catch, which would
be counted toward the catch limit. As described in responses above,
NMFS is implementing a higher than originally proposed trip limit to
address concerns about discards. Regarding other target fisheries
(e.g., sardines, market squid), at the time Resolution C-14-06 was
adopted (October 2014), the U.S. delegation was unaware of the drastic
reductions in the fishery for Pacific sardine that are being imposed
because of the reduced biomass estimates. However, the United States
would have nonetheless endeavored to make cuts consistent with IATTC
scientific staff recommendations to aid in rebuilding of Pacific
bluefin tuna.
Changes From the Proposed Rule
NMFS received a number of comments expressing concern about the
potential for discards resulting from the proposal to set the initial
trip limit each year at 20 mt. NMFS has concluded that a higher trip
limit of 25 mt is warranted to reduce the potential for discards while
still meeting the management objectives (e.g., inseason management).
NMFS found that the average landing by a vessel from a trip targeting
PBF during 2005 to 2014 was 30.6 mt (ranging from 0.04 mt to 75.8 mt;
median is 29.2); 36 percent of these trips included landings up to 25
mt, whereas only 23 percent of the trips included landings up to 20 mt.
NMFS concludes that increasing the trip limit to 25 mt will tend to
reduce discards while still sufficiently reducing the rate of harvest
to meet the objective of providing access to, without exceeding, the
full catch limit. Consequently, NMFS is implementing trip limits as
recommended by the Council, but increasing the level of the initial
trip limit from 20 mt to 25 mt.
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the Tuna Conventions Act and other applicable laws.
This rule was determined to be not significant for purposes of
Executive Order 12866.
Although 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 (HMS FMP) still apply. These requirements have been
approved by the Office of Management and Budget under Control Number
0648-0204. Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection-of-information subject to the
requirements of the PRA, unless that collection-of-information displays
a currently valid OMB control number.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. This final rule contains a
change in the trip limit that was published in the
[[Page 38989]]
proposed action. As a result of public comments, the trip limit was
increased from 20 mt to 25 mt. This change is anticipated to result in
a minor economic benefit for impacted business entities. No comments
were received regarding the certification. Therefore, the certification
published with the proposed rule, that this rule is not expected to
have a significant economic impact on a substantial number of small
entities, is still valid. As a result, a regulatory flexibility
analysis was not required and none was prepared.
The Assistant Administrator for Fisheries has determined that the
need to conserve Pacific bluefin tuna and comply with our international
obligations constitutes good cause, under 5 U.S.C. 553(d)(3), to waive
the requirement for a 30-day delay in effectiveness. Pacific bluefin
tuna have migrated in significant numbers into waters off of southern
California and commercial purse seine vessels have begun fishing for
Pacific bluefin tuna off of the U.S West Coast. If the trip limits
implemented by this rule were subject to the 30-day delay in
effectiveness, and taking into account that a single trip could catch
up to 75 mt, there is potential for a derby-style fishery that would
result in exceeding the 425-mt catch limit for 2015 before this rule
goes into effect. Although justification exists to waive the 30-day
delay in effectiveness, NMFS is implementing a 7-day delay in
effectiveness to provide sufficient time for any vessels currently
operating to comply with the new regulations; vessels that target
Pacific bluefin tuna typically complete their fishing trips within one
to two days. As soon as the rule is filed, notice will be sent to
inform members of the tuna-fishing industry.
Therefore, to conserve Pacific bluefin tuna, which are overfished,
and to remain in compliance with IATTC Resolution C-14-06, NMFS has
determined that implementing these measures 7 days after filing with
the Office of Federal Register is in the public's interest.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: July 1, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 300 is amended
as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Eastern Pacific Tuna Fisheries
0
1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
0
2. In Sec. 300.21, add the definition for ``Trip limit'' in
alphabetical order to read as follows:
Sec. 300.21 Definitions.
* * * * *
Trip limit means the total allowable amount of a species by weight
of fish that may be retained on board, transshipped, or landed from a
single fishing trip by a vessel that harvests tuna or tuna-like
species.
* * * * *
0
3. In Sec. 300.24, revise paragraph (u) to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(u) Use a United States commercial fishing vessel in the Convention
Area to target, retain on board, transship or land Pacific bluefin tuna
in contravention of Sec. 300.25(h)(3) and (5).
* * * * *
0
4. In Sec. 300.25, revise paragraph (h) to read as follows:
Sec. 300.25 Eastern Pacific fisheries management.
* * * * *
(h) Pacific bluefin tuna commercial catch limits in the eastern
Pacific Ocean for 2015-2016. The following is applicable to the U.S.
commercial fishery for Pacific bluefin tuna in the Convention Area in
the years 2015 and 2016.
(1) For the calendar year 2015, all commercial fishing vessels of
the United States combined may capture, retain, transship, or land no
more than 425 metric tons in the Convention Area.
(2) In 2016, NMFS will publish a notice in the Federal Register
announcing the 2016 catch limit. For the calendar year 2016, all
commercial fishing vessels of the United States combined may capture,
retain on board, transship, or land no more than the 2016 catch limit.
The 2016 catch limit is calculated by adding any amount of the 425
metric ton catch limit that was not caught in 2015, as determined by
NMFS, to 175 metric tons, except as follows:
(i) If 175 metric tons or less are caught in 2015, as determined by
NMFS, then the 2016 catch limit is 425 metric tons;
(ii) If in 2015, greater than 300 metric tons and up to 400 metric
tons are caught, as determined by NMFS, then the 2016 catch limit is
200 metric tons; or
(iii) If greater than 425 metric tons are caught in 2015, as
determined by NMFS, then the 2016 catch limit is calculated by
subtracting the amount caught in 2015 from 600 metric tons.
(3) In 2015 and 2016, a 25 metric ton trip limit will be in effect
until NMFS anticipates that catch will be within 50 metric tons of the
catch limits, after which a 2 metric ton trip limit will be in effect
upon publication of a notice in the Federal Register by NMFS.
(4) After NMFS determines that the catch limits under paragraphs
(h)(1) and (2) of this section are expected to be reached by a future
date, NMFS will publish a fishing closure notice 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)(5) of this section.
(5) Beginning on the date announced in the fishing closure notice
published under paragraph (h)(4) 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 Pacific bluefin tuna is landed within 14 days after the
effective date published in the fishing closure notice.
[FR Doc. 2015-16720 Filed 7-2-15; 4:15 pm]
BILLING CODE 3510-22-P