International Fisheries; Pacific Tuna Fisheries; 2022-2024 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean, 47939-47944 [2022-16824]
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Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Rules and Regulations
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969(42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule creates a safety
zone lasting approximately 1 hour that
will prohibit entry within a 420-foot
radius of where the fireworks display
will be conducted. It is categorically
excluded from further review under
paragraph L[60] of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
47939
42°19.576′ N, 83°02.28′ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Enforcement period. This
regulation will be enforced from 9:30
p.m. through 10:30 p.m. on August 24,
2022. The COTP Detroit or his
designated representative may suspend
enforcement of the safety zone at any
time.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting or
anchoring within this safety zone is
prohibited unless authorized by the
COTP Detroit or his designated
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP Detroit or his
designated representative.
(3) The ‘‘designated representative’’ of
the COTP Detroit is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the COTP
Detroit to act on his behalf. The
designated representative of the COTP
Detroit will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The COTP Detroit or his designated
representative may be contacted via
VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the COTP Detroit or his
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
directions given to them by the COTP
Detroit or his designated representative.
Dated: August 1, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2022–16801 Filed 8–4–22; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF COMMERCE
1. The authority citation for part 165
continues to read as follows:
National Oceanic and Atmospheric
Administration
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
50 CFR Part 300
[Docket No. 220801–0167]
■
2. Add § 165.T09–0639 to read as
follows:
RIN 0648–BK82
§ 165.T09–0639 Safety Zone; Convention
Services Unlimited Fireworks; Detroit River,
Detroit, MI.
International Fisheries; Pacific Tuna
Fisheries; 2022–2024 Commercial
Fishing Restrictions for Pacific Bluefin
Tuna in the Eastern Pacific Ocean
(a) Location. The following area is a
temporary safety zone: all U.S.
navigable waters of the Detroit River
within a 420-foot radius of the fireworks
launch site located at position
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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ACTION:
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Rules and Regulations
Final rule.
NMFS is implementing
regulations under the Tuna Conventions
Act of 1950, as amended (TCA), to
implement Inter-American Tropical
Tuna Commission (IATTC) Resolution
C–21–05 (‘‘Measures for the
Conservation and Management of
Bluefin Tuna in the Eastern Pacific
Ocean’’). This final rule implements
annual limits on commercial catch of
Pacific bluefin tuna (Thunnus
orientalis) in the eastern Pacific Ocean
(EPO) for 2022–2024. This action is
necessary to conserve Pacific bluefin
tuna and for the United States (U.S.) to
satisfy its obligations as a member of the
IATTC.
DATES: This rule is effective August 12,
2022.
ADDRESSES: 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–2022–0011 or
contact the Highly Migratory Species
Branch Chief, Lyle Enriquez, 501 W
Ocean Blvd., Suite 4200, Long Beach,
CA 90802, or WCR.HMS@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Celia Barroso, NMFS, 562–432–1850,
Celia.Barroso@noaa.gov.
SUPPLEMENTARY INFORMATION: On March
4, 2022, NMFS published a proposed
rule in the Federal Register to revise
regulations at 50 CFR part 300, subpart
C, for the commercial catch of Pacific
bluefin tuna applicable to U.S.
commercial fishing vessels in the IATTC
Convention Area (Convention Area) 1 for
2022–2024 (87 FR 12409). The comment
period was open for 30 days. NMFS
received one public comment on the
proposed rule, which is addressed later
in this preamble.
This final rule is implemented under
the authority of the TCA (16 U.S.C. 951
et seq.), which directs the Secretary of
Commerce, after approval by the
Secretary of State, to promulgate
regulations as necessary to implement
resolutions adopted by the IATTC. The
Secretary of Commerce has delegated
this authority to NMFS.
Additional background information
on the IATTC, the international
obligations of the United States as a
member of the IATTC, and the need for
regulations to manage the Pacific
Bluefin tuna stock was included in the
proposed rule and is not repeated in this
rule.
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SUMMARY:
1 The
Convention Area is defined as waters of the
EPO within the area bounded by the west coast of
the Americas and by 50° N latitude, 150° W
longitude, and 50° S latitude.
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New Regulations for Commercial
Pacific Bluefin Tuna for 2022–2024
This rule establishes catch and trip
limits for U.S. commercial vessels that
catch Pacific bluefin tuna in the
Convention Area and landing receipt
submission deadlines for 2022–2024.
Catch Limits
The catch limit for the entire U.S.
fleet will be 523 mt in 2022. The
biennial limit in 2023–2024 will be
1,017 mt and not to exceed 720 mt in
a single year; therefore, the 2023 catch
limit will be 720 mt, and the 2024 limit
will be the lesser of the amount caught
in 2023 subtracted from the biennial
limit or 720 mt.
Over-harvest and under-harvest of the
previous biennial catch limit will be
accounted for in the subsequent
biennial catch limit. Any over-harvest of
the previous catch limit will be
deducted from the subsequent catch
limit, and up to 5 percent of any underharvest of the previous catch limit will
be added to the subsequent catch limit.
Consequently, the 2023–2024 biennial
limit will be adjusted if there is an overharvest or under-harvest of the 2021–
2022 biennial limit. The regulations
refer to the 2021–2022 biennial limit
established in Resolution C–21–05 for
the purpose of clarifying its role in
determining the 2023–2024 biennial
limit.
NMFS will announce the 2023–2024
biennial limit in a notice published in
the Federal Register in January or early
February 2023. NMFS will announce
the 2024 catch limit in a notice
published in the Federal Register in
January or early February 2024. These
notices will also be posted on the NMFS
website: https://www.fisheries.noaa.gov/
west-coast/sustainable-fisheries/pacificbluefin-tuna-commercial-harvest-status.
Trip Limits and Landing Receipt
Submission Deadlines
At the beginning of each period (semiannual or quarter), the initial trip limit
will be imposed unless at the start of the
period, the threshold for the
intermediate or lower trip limit is met.
Similarly, if the intermediate trip limit
has been imposed during the previous
period, the intermediate trip limit will
remain in effect unless at the start of the
next period the threshold to reduce the
trip limit to the lower trip limit has been
met. In each year, if the annual limit is
estimated to be met, the fishery will be
closed.
2022
The annual limit will be 523 mt with
an initial trip limit of 20 mt. The trip
limit will be reduced as follows:
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• January–June: If cumulative catch is
within 323 mt of the annual limit (i.e.,
cumulative catch reaches 200 mt), the
trip limit will be 15 mt. If cumulative
catch is within 223 mt of the annual
limit (i.e., cumulative catch reaches 300
mt), the trip limit will be 3 mt.
• July–September: If cumulative catch
is within 273 mt of the annual limit (i.e.,
cumulative catch reaches 250 mt), the
trip limit will be 15 mt. If cumulative
catch is within 198 mt of the annual
limit (i.e., cumulative catch reaches 325
mt), the trip limit will be 3 mt.
• October–December: If cumulative
catch is within 223 mt of the annual
limit (i.e., cumulative catch reaches 300
mt), the trip limit will be 15 mt. If
cumulative catch is within 100 mt of the
annual limit (i.e., cumulative catch
reaches 423 mt), the trip limit will be 3
mt.
2023
The annual limit will be 720 mt with
an initial trip limit of 30 mt. The trip
limit will be reduced as follows:
• January–June: If cumulative catch is
within 320 mt of the annual limit (i.e.,
cumulative catch reaches 400 mt), the
trip limit will be 20 mt. If cumulative
catch is within 220 mt of the annual
limit (i.e., cumulative catch reaches 500
mt), the trip limit will be 3 mt.
• July–September: If cumulative catch
is within 290 mt of the annual limit (i.e.,
cumulative catch reaches 430 mt), the
trip limit will be 20 mt. If cumulative
catch is within 200 mt of the annual
limit (i.e., cumulative catch reaches 520
mt), the trip limit will be 3 mt.
• October–December: If cumulative
catch is within 250 mt of the annual
limit (i.e., cumulative catch reaches 470
mt), the trip limit will be 20 mt. If
cumulative catch is within 100 mt of the
annual limit (i.e., cumulative catch
reaches 620 mt), the trip limit will be 3
mt.
2024
If the annual limit is between 525 and
720 mt, the initial trip limit will 30 mt,
and the trip limit will be reduced as
follows:
• January–June: If cumulative catch is
within 320 mt of the annual limit, the
trip limit will be 20 mt. If cumulative
catch is within 220 mt of the annual
limit, the trip limit will be 10 mt. If
cumulative catch is within 150 mt of the
annual limit, the trip limit will be 3 mt.
• July–September: If cumulative catch
is within 300 mt of the annual limit, the
trip limit will be 20 mt. If cumulative
catch is within 200 mt of the annual
limit, the trip limit will be 10 mt. If
cumulative catch is within 140 mt of the
annual limit, the trip limit will be 3 mt.
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Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Rules and Regulations
• October–December: If cumulative
catch is within 250 mt of the annual
limit, the trip limit will be 20 mt. If
cumulative catch is within 100 mt of the
annual limit, the trip limit will be 3 mt.
If the annual limit is between 400 mt
and 524 mt, the initial trip limit will be
20 mt, and the trip limit will be reduced
as follows:
• January–June: If cumulative catch is
within 300 mt of the annual limit, the
trip limit will be 15 mt. If cumulative
catch is within 200 mt of the annual
limit, the trip limit will be 3 mt.
• July–September: If cumulative catch
is within 250 mt of the annual limit, the
trip limit will be 15 mt. If cumulative
catch is within 150 mt of the annual
limit, the trip limit will be 3 mt.
• October–December: If cumulative
catch is within 200 mt of the annual
limit, the trip limit will be 15 mt. If
catch is within 100 mt of the annual
limit, the trip limit will be 3 mt.
If the annual limit is between 297–399
mt, the initial trip limit will 15 mt, and
the trip limit will be reduced as follows:
• January–June: If cumulative catch is
within 220 mt of the annual limit, the
trip limit will be 3 mt.
• July–September: If cumulative catch
is within 200 mt of the annual limit, the
trip limit will be 3 mt.
• October–December: If cumulative
catch is within 100 mt of the annual
limit, the trip limit will be 3 mt.
If the annual limit is 296 mt or less,
the trip limit will be 5 mt for the entire
year.
Under California law and regulations,
electronic landing receipts (i.e., etickets) are required for landings in
California and are required to be
submitted to the California Department
of Fish and Wildlife within three
business days (see California Fish and
Game Code section 8046 and 14
California Code of Regulations § 197).
Under this final rule, e-tickets must be
submitted within 24 hours if any Pacific
bluefin tuna is included in a landing
into California. This accelerated
submission deadline is required in order
to better monitor catch limits.
NMFS will estimate when the overall
catch is expected to reach the thresholds
to reduce the trip limit (e.g., from 30 mt
to 20 mt, from 20 mt to 15 mt, or from
15 mt to 2 mt) or the annual limit based
on available fishery information, such as
landing receipts. NMFS will then make
decisions on in-season actions based on
those estimates. NMFS encourages
owners or operators of purse seine
vessels to call NMFS at 562–432–1850
in advance of landing with an estimate
of how much Pacific bluefin tuna was
caught on each trip.
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In-Season Action Announcements
In-season actions to reduce trip limits
imposed by NMFS will be effective
upon the time and date published in a
notice in the Federal Register. In-season
actions will also be announced by
posting on the NOAA Fisheries website
(https://www.fisheries.noaa.gov/westcoast/sustainable-fisheries/pacificbluefin-tuna-commercial-harveststatus). This represents a change from
the in-season action procedures
described in the proposed rule, which
included notice by a United States Coast
Guard Notice to Mariners broadcast
three times per day for 4 days; the
proposed procedures would also have
made the in-season actions effective on
the date specified in the actual notice by
broadcast and website posting or at the
time specified in the Federal Register,
whichever came first. After the public
comment period for the proposed rule
closed, however, the United States Coast
Guard notified NMFS WCR that they
would not provide a Broadcast Notice to
Mariners, indicating that using it for inseason actions for Pacific bluefin tuna is
inconsistent with its use in accordance
with regulations at 33 CFR 72.01.
Taking in-season actions quickly is
essential because the Pacific bluefin
tuna fishery may catch much of the
catch limit in a short period; therefore,
NMFS intends to replace notice of inseason actions by Broadcast Notice to
Mariners with notice by emails to the
affected public. Because this was not
contemplated in the proposed rule,
NMFS intends to publish another
proposed rule that would propose
adding notice of in-season action by
email, such that the procedures would
require in-season actions to be posted
on the NMFS website, sent by emails to
the affected public, and published in the
Federal Register as soon as practicable
(RIN 0648–BL59). In the meantime, to
ensure NMFS is able to take in-season
actions as necessary, this rule is
finalizing the other components of the
proposed in-season action procedures,
namely, notice by publication in the
Federal Register and by posting on the
NMFS website.
In 2022–2024, if NMFS determines
that cumulative catch is expected to
meet any of the thresholds described
previously (based on landing receipts,
or other available information) during
the applicable months, an intermediate
or lower trip limit will be imposed by
NMFS using the in-season action
procedures described in the previous
paragraph.
When NMFS determines that the
annual catch limit is expected to be
reached in each year (based on landings
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receipts or other available fishery
information), U.S. commercial fishing
vessels will be prohibited from
targeting, retaining, transshipping or
landing Pacific bluefin tuna captured in
the Convention Area for the remainder
of the calendar year (i.e., fishery
closure). NMFS will publish a notice in
the Federal Register and on the NMFS
website announcing that targeting,
retaining, transshipping or landing of
Pacific bluefin tuna captured in the
Convention Area will be prohibited on
an effective time and date specified in
the Federal Register Notice through the
end of that calendar year. Upon that
effective date, a commercial fishing
vessel of the U.S. cannot not be used to
target, retain on board, transship, or
land Pacific bluefin tuna captured in the
Convention Area. However, any Pacific
bluefin tuna already on board a fishing
vessel on the effective date can be
retained on board, transshipped, and/or
landed within 14 days of the effective
date, to the extent authorized by
applicable laws and regulations. In the
event a trip limit was reduced early or
the fishery was closed due to an
overestimation of catch, NMFS will
reverse the prior in-season action to
increase the trip limit or re-open the
fishery after landing receipts have been
received and the landed catch quantity
confirmed. NMFS will announce these
actions in the Federal Register and on
the NMFS website.
Catch Reporting
NMFS will continue to provide
updates on Pacific bluefin tuna catches
in the Convention Area to the public via
the NMFS website: https://
www.fisheries.noaa.gov/west-coast/
sustainable-fisheries/pacific-bluefintuna-commercial-harvest-status. NMFS
will update the NMFS website provided
the updates do not disclose confidential
information. These updates are intended
to help participants in the U.S.
commercial fishery plan for reduced trip
limits and attainment of the annual
limits.
Comments and Response
NMFS received one public comment
on the proposed rule. The comment was
supportive of actions to limit catch of
Pacific bluefin tuna, and suggested
further limits than agreed to in
Resolution C–21–05. The U.S. agreed to
the limits imposed in this final rule,
which are part of an internationallyagreed rebuilding plan that is effectively
rebuilding Pacific bluefin tuna per the
2020 stock assessment. Consequently,
NMFS intends to implement catch
limits consistent with the IATTC
Resolution.
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Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Rules and Regulations
Classification
The NMFS Assistant Administrator
has determined that this rule is
consistent with the Tuna Conventions
Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
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Good Cause To Shorten Delay in
Effective Date
Under section 553(d) of the
Administrative Procedure Act, an
agency must delay the effective date of
regulations for 30 days after publication,
unless the agency finds good cause to
make the regulations effective sooner.
The NOAA Assistant Administrator for
Fisheries has determined that good
cause exists to make this rule effective
7 days after publication.
A stock assessment completed in July
2020 by the International Scientific
Committee for Tuna and Tuna-like
Species in the North Pacific Ocean
showed that Pacific bluefin tuna is
overfished and subject to overfishing
when compared to commonly used
reference points; NMFS subsequently
concurred with the assessment (86 FR
9910, February 17, 2021). The main
objective of IATTC Resolution C–21–05
is to reduce overfishing and aid in
rebuilding of the stock by setting limits
on catch in the Convention Area during
2022–2024. As a member of the IATTC,
the United States is legally bound to
implement that Resolution.
In recent years, Pacific bluefin tuna
have remained in significant numbers in
waters off of southern California, and
U.S. commercial vessels currently have
a greater opportunity to fish for Pacific
bluefin tuna off of the U.S West Coast
than in previous years. 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 (nearly four
times the initial 20-mt trip limit), there
is potential for a derby-style fishery that
would result in exceeding the 523-mt
catch limit for 2022 before this rule goes
into effect. Delaying the effective date of
this rule for a full 30 days after
publication would therefore be contrary
to the public’s interest in ensuring
conservation of Pacific bluefin tuna
stock in the EPO. Such a delay would
also be contrary to the public’s interest
in ensuring the United States is in
compliance with its international
obligations to implement the catch
limits in IATTC Resolution C–21–05.
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Although justification exists to make
the rule effective immediately upon
publication, NMFS is implementing a 7day delay in effectiveness to provide
sufficient time for currently-operating
vessels to comply with the new
regulations. Seven days is sufficient
because vessels that target Pacific
bluefin tuna in large quantities (i.e.,
purse seine vessels) typically complete
their fishing trips within 1 to 2 days.
Therefore, to conserve Pacific bluefin
tuna, which are overfished, and to
remain in compliance with IATTC
Resolution C–21–05, NMFS has
determined that making these measures
effective 7 days after publication in the
Federal Register is in the public’s
interest. As soon as the rule is
published, additional notice will be
given to fishery participants through an
email sent to the IATTC distribution
list.
Economic Analysis
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, for
purposes of the Regulatory Flexibility
Act, 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. The changes to inseason action procedures from proposed
to final rule, while considering a
proposed rule currently in development
to address the changes to in-season
action procedures, are not expected to
result in a change in the certification
published in the proposed rule.
Paperwork Reduction Act
This rule does not contain a change to
a collection of information requirement
for purposes of the Paperwork
Reduction Act of 1995 (PRA). The
existing collection of information
requirements would continue to apply
under the following Office of
Management and Budget (OMB) Control
Number(s): 0648–0778, Reporting and
Notification Requirements in West Coast
Pacific Bluefin Tuna Fishery.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
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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.
Dated: August 1, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 300 is proposed
to be amended as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
1. The authority citation for part 300,
subpart C, continues to read as follows:
■
Authority: 16 U.S.C. 951 et seq.
2. In § 300.24, revise paragraph (u) to
read as follows:
■
§ 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 § 300.25(g)(2) through
(6).
*
*
*
*
*
■ 3. In § 300.25, revise paragraph (g) to
read as follows:
§ 300.25
Fisheries management.
*
*
*
*
*
(g) Pacific bluefin tuna (Thunnus
orientalis) commercial catch limits in
the eastern Pacific Ocean for 2022–
2024—(1) Biennial catch limit for 2021–
2022. The biennial catch limit for 2021–
2022 is 739 metric tons.
(2) Biennial catch limit for 2023–2024.
The biennial catch limit for 2023–2024
is either:
(i) 1,017 metric tons increased by the
amount, not to exceed 37 metric tons, of
Pacific bluefin tuna catch remaining
from the 2021–2022 U.S. commercial
catch limit; or,
(ii) 1,017 metric tons reduced by the
amount of Pacific bluefin tuna caught in
excess of the 2021–2022 U.S.
commercial biennial catch limit.
(3) Annual catch and trip limits for
2022. For the calendar year 2022, all
commercial fishing vessels of the United
States combined may capture, retain,
transship, or land no more than 523
metric tons. A 20-metric ton trip limit
will be in effect until any of the
following criteria are met:
E:\FR\FM\05AUR1.SGM
05AUR1
47943
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Rules and Regulations
And NMFS anticipates
cumulative catch will be . . .
If the time of year is . . .
(mt)
(mt)
(i) January through June .....................................................................................
200
300
250
325
300
423
(ii) July through September .................................................................................
(iii) October through December ...........................................................................
(4) Annual catch and trip limits for
2023. For the calendar year 2023, all
commercial fishing vessels of the United
States combined may capture, retain,
transship, or land no more than 720
metric tons. A 30-metric ton trip limit
(mt)
400
500
430
520
470
620
(ii) July through September .................................................................................
(iii) October through December ...........................................................................
between 525 and 720 metric tons, a 30metric ton trip limit will be in effect
(mt of the annual catch limit)
(A) January through June ....................................................................................
(C) October through December ...........................................................................
And NMFS
anticipates cumulative catch is
within . . .
(mt of the annual catch limit)
(A) January through June ....................................................................................
lotter on DSK11XQN23PROD with RULES1
(C) October through December ...........................................................................
And NMFS anticipates
cumulative catch is within . . .
(mt of the annual catch limit)
(A) January through June ....................................................................................
Jkt 256001
Then the trip limit will be . . .
(mt)
15
3
15
3
15
3
trip limit will be in effect until any of
the following criteria are met:
If the time of year is . . .
15:53 Aug 04, 2022
20
10
3
20
10
3
20
3
300
200
250
150
200
100
(B) July through September ................................................................................
VerDate Sep<11>2014
(mt)
trip limit will be in effect until any of
the following criteria are met:
If the time of year is . . .
(iii) If the 2024 catch limit is between
297 and 399 metric tons, a 15-metric ton
Then the trip limit will be . . .
320
220
150
300
200
140
250
100
(B) July through September ................................................................................
(ii) If the 2024 catch limit is between
400 and 524 metric tons, a 20-metric ton
20
3
20
3
20
3
until any of the following criteria are
met:
And NMFS anticipates the
cumulative catch is within . . .
If the time of year is . . .
Then the trip limit will be . . .
(mt)
(ii) January through June .....................................................................................
(5) Annual catch and trip limits for
2024. (i) If the 2024 catch limit is
15
3
15
3
15
3
will be in effect until any of the
following criteria are met:
And NMFS anticipates
cumulative catch will be . . .
If the time of year is . . .
Then the trip limit will be . . .
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
220
E:\FR\FM\05AUR1.SGM
05AUR1
Then the trip limit will be . . .
(mt)
3
47944
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Rules and Regulations
And NMFS anticipates
cumulative catch is within . . .
If the time of year is . . .
(mt of the annual catch limit)
lotter on DSK11XQN23PROD with RULES1
(B) July through September ................................................................................
(C) October through December ...........................................................................
(iv) If the 2024 catch limit is 296
metric tons or less, the trip limit will be
5 metric tons for the entire calendar
year.
(6) Closure of the fishery. After NMFS
determines that the annual catch limits
under paragraphs (g)(3) through (5) of
this section are expected to be reached,
NMFS will close the fishery effective
upon the date provided in the notice in
accordance with paragraph (g)(7) of this
section. Upon the effective date in the
notice, targeting, retaining on board,
transshipping or landing Pacific bluefin
tuna in the Convention Area shall be
prohibited through the end of the
calendar year, 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
within 14 days after the effective date
published in the fishing closure notice,
to the extent authorized by applicable
laws and regulations.
(7) Announcement and effective dates
of in-season actions. In-season actions
taken under paragraphs (g)(2) through
(6) of this section will be by notice in
the Federal Register. The action will
also be posted on the National Marine
Fisheries Service West Coast Region
website (https://www.fisheries.
noaa.gov/west-coast/sustainablefisheries/pacific-bluefin-tunacommercial-harvest-status). In-season
actions will be effective from the date
and time specified in the Federal
Register Notice.
(8) Reversal of in-season actions. If an
in-season action taken under paragraphs
(g)(2) through (6) of this section is based
on overestimate of actual catch, NMFS
will reverse that action in the timeliest
possible manner, provided NMFS finds
that reversing that action is consistent
with the management objectives for the
affected species. The fishery will be
subject to the change in trip limit or
reopened effective on the date provided
in the notice in accordance with
paragraph (g)(7) of this section.
(9) State of California fish landing
receipts. If landing Pacific bluefin tuna
into the State of California, fish landing
receipts must be submitted within 24
hours to the California Department of
Fish and Wildlife in accordance with
VerDate Sep<11>2014
15:53 Aug 04, 2022
Jkt 256001
200
100
the requirements of applicable State
regulations.
[FR Doc. 2022–16824 Filed 8–4–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 220325–0079]
RTID 0648–XC203
Pacific Halibut Fisheries; Catch
Sharing Plan; Inseason Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
This document announces
additional season dates for Pacific
halibut recreational fisheries in the
International Pacific Halibut
Commission’s regulatory Area 2A off
Washington, Oregon, and California.
Specifically, this action adds the
following dates: the Washington Puget
Sound subarea to open 7 days per week
from August 11 through September 30;
Washington North Coast subarea to
open Thursday through Monday from
August 11 through September 5, and 7
days per week from September 6
through September 30; Washington
South Coast and Columbia River
subareas to open August 19, 25, 28,
September 3, 4, and 23; and Oregon
Central Coast subarea to open every
Thursday through Saturday from August
4 through October 31. This action is
intended to conserve Pacific halibut and
provide angler opportunity where
available.
SUMMARY:
This action is effective August 4,
2022, through October 31, 2022. Submit
comments on or before August 22, 2022.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2022–0003,
by either of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
DATES:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Then the trip limit will be . . .
(mt)
3
3
NOAA–NMFS–2022–0003 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Scott M. Rumsey, c/o Kathryn Blair,
West Coast Region, NMFS, 1201 NE
Lloyd Blvd., Suite 1100, Portland, OR,
97232.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record
and NMFS will post them 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 is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Docket: This rule is accessible via the
internet at the Office of the Federal
Register website at https://
www.federalregister.gov/. Background
information and documents are
available at the NOAA Fisheries website
at https://www.fisheries.noaa.gov/
action/2022-pacific-halibut-catchsharing-plan and at the Council’s
website at https://www.pcouncil.org.
Other comments received may be
accessed through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, phone: 562–980–4034,
fax: 562–980–4018, or email:
joshua.lindsay@noaa.gov.
SUPPLEMENTARY INFORMATION: On April
1, 2022, NMFS published a final rule
approving changes to the Pacific halibut
Area 2A Catch Sharing Plan and
implementing recreational (sport)
management measures for 2022 (87 FR
19007), as authorized by the Northern
Pacific Halibut Act of 1982 (16 U.S.C.
773–773(k)). The 2022 Catch Sharing
Plan provides a recommended
framework for NMFS’ annual
management measures and subarea
allocations based on the 2022 Area 2A
Pacific halibut catch limit of 1,490,000
pounds (lb) (675.9 metric tons (mt)) set
by the International Pacific Halibut
Commission (IPHC). These Pacific
E:\FR\FM\05AUR1.SGM
05AUR1
]]>Agencies
[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Rules and Regulations]
[Pages 47939-47944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16824]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220801-0167]
RIN 0648-BK82
International Fisheries; Pacific Tuna Fisheries; 2022-2024
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.
[[Page 47940]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing regulations under the Tuna Conventions
Act of 1950, as amended (TCA), to implement Inter-American Tropical
Tuna Commission (IATTC) Resolution C-21-05 (``Measures for the
Conservation and Management of Bluefin Tuna in the Eastern Pacific
Ocean''). This final rule implements annual limits on commercial catch
of Pacific bluefin tuna (Thunnus orientalis) in the eastern Pacific
Ocean (EPO) for 2022-2024. This action is necessary to conserve Pacific
bluefin tuna and for the United States (U.S.) to satisfy its
obligations as a member of the IATTC.
DATES: This rule is effective August 12, 2022.
ADDRESSES: 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-2022-0011 or contact the
Highly Migratory Species Branch Chief, Lyle Enriquez, 501 W Ocean
Blvd., Suite 4200, Long Beach, CA 90802, or [email protected].
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 562-432-1850,
[email protected].
SUPPLEMENTARY INFORMATION: On March 4, 2022, NMFS published a proposed
rule in the Federal Register to revise regulations at 50 CFR part 300,
subpart C, for the commercial catch of Pacific bluefin tuna applicable
to U.S. commercial fishing vessels in the IATTC Convention Area
(Convention Area) \1\ for 2022-2024 (87 FR 12409). The comment period
was open for 30 days. NMFS received one public comment on the proposed
rule, which is addressed later in this preamble.
---------------------------------------------------------------------------
\1\ The Convention Area is defined as waters of the EPO within
the area bounded by the west coast of the Americas and by 50[deg] N
latitude, 150[deg] W longitude, and 50[deg] S latitude.
---------------------------------------------------------------------------
This final rule is implemented under the authority of the TCA (16
U.S.C. 951 et seq.), which directs the Secretary of Commerce, after
approval by the Secretary of State, to promulgate regulations as
necessary to implement resolutions adopted by the IATTC. The Secretary
of Commerce has delegated this authority to NMFS.
Additional background information on the IATTC, the international
obligations of the United States as a member of the IATTC, and the need
for regulations to manage the Pacific Bluefin tuna stock was included
in the proposed rule and is not repeated in this rule.
New Regulations for Commercial Pacific Bluefin Tuna for 2022-2024
This rule establishes catch and trip limits for U.S. commercial
vessels that catch Pacific bluefin tuna in the Convention Area and
landing receipt submission deadlines for 2022-2024.
Catch Limits
The catch limit for the entire U.S. fleet will be 523 mt in 2022.
The biennial limit in 2023-2024 will be 1,017 mt and not to exceed 720
mt in a single year; therefore, the 2023 catch limit will be 720 mt,
and the 2024 limit will be the lesser of the amount caught in 2023
subtracted from the biennial limit or 720 mt.
Over-harvest and under-harvest of the previous biennial catch limit
will be accounted for in the subsequent biennial catch limit. Any over-
harvest of the previous catch limit will be deducted from the
subsequent catch limit, and up to 5 percent of any under-harvest of the
previous catch limit will be added to the subsequent catch limit.
Consequently, the 2023-2024 biennial limit will be adjusted if there is
an over-harvest or under-harvest of the 2021-2022 biennial limit. The
regulations refer to the 2021-2022 biennial limit established in
Resolution C-21-05 for the purpose of clarifying its role in
determining the 2023-2024 biennial limit.
NMFS will announce the 2023-2024 biennial limit in a notice
published in the Federal Register in January or early February 2023.
NMFS will announce the 2024 catch limit in a notice published in the
Federal Register in January or early February 2024. These notices will
also be posted on the NMFS website: https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status.
Trip Limits and Landing Receipt Submission Deadlines
At the beginning of each period (semi-annual or quarter), the
initial trip limit will be imposed unless at the start of the period,
the threshold for the intermediate or lower trip limit is met.
Similarly, if the intermediate trip limit has been imposed during the
previous period, the intermediate trip limit will remain in effect
unless at the start of the next period the threshold to reduce the trip
limit to the lower trip limit has been met. In each year, if the annual
limit is estimated to be met, the fishery will be closed.
2022
The annual limit will be 523 mt with an initial trip limit of 20
mt. The trip limit will be reduced as follows:
January-June: If cumulative catch is within 323 mt of the
annual limit (i.e., cumulative catch reaches 200 mt), the trip limit
will be 15 mt. If cumulative catch is within 223 mt of the annual limit
(i.e., cumulative catch reaches 300 mt), the trip limit will be 3 mt.
July-September: If cumulative catch is within 273 mt of
the annual limit (i.e., cumulative catch reaches 250 mt), the trip
limit will be 15 mt. If cumulative catch is within 198 mt of the annual
limit (i.e., cumulative catch reaches 325 mt), the trip limit will be 3
mt.
October-December: If cumulative catch is within 223 mt of
the annual limit (i.e., cumulative catch reaches 300 mt), the trip
limit will be 15 mt. If cumulative catch is within 100 mt of the annual
limit (i.e., cumulative catch reaches 423 mt), the trip limit will be 3
mt.
2023
The annual limit will be 720 mt with an initial trip limit of 30
mt. The trip limit will be reduced as follows:
January-June: If cumulative catch is within 320 mt of the
annual limit (i.e., cumulative catch reaches 400 mt), the trip limit
will be 20 mt. If cumulative catch is within 220 mt of the annual limit
(i.e., cumulative catch reaches 500 mt), the trip limit will be 3 mt.
July-September: If cumulative catch is within 290 mt of
the annual limit (i.e., cumulative catch reaches 430 mt), the trip
limit will be 20 mt. If cumulative catch is within 200 mt of the annual
limit (i.e., cumulative catch reaches 520 mt), the trip limit will be 3
mt.
October-December: If cumulative catch is within 250 mt of
the annual limit (i.e., cumulative catch reaches 470 mt), the trip
limit will be 20 mt. If cumulative catch is within 100 mt of the annual
limit (i.e., cumulative catch reaches 620 mt), the trip limit will be 3
mt.
2024
If the annual limit is between 525 and 720 mt, the initial trip
limit will 30 mt, and the trip limit will be reduced as follows:
January-June: If cumulative catch is within 320 mt of the
annual limit, the trip limit will be 20 mt. If cumulative catch is
within 220 mt of the annual limit, the trip limit will be 10 mt. If
cumulative catch is within 150 mt of the annual limit, the trip limit
will be 3 mt.
July-September: If cumulative catch is within 300 mt of
the annual limit, the trip limit will be 20 mt. If cumulative catch is
within 200 mt of the annual limit, the trip limit will be 10 mt. If
cumulative catch is within 140 mt of the annual limit, the trip limit
will be 3 mt.
[[Page 47941]]
October-December: If cumulative catch is within 250 mt of
the annual limit, the trip limit will be 20 mt. If cumulative catch is
within 100 mt of the annual limit, the trip limit will be 3 mt.
If the annual limit is between 400 mt and 524 mt, the initial trip
limit will be 20 mt, and the trip limit will be reduced as follows:
January-June: If cumulative catch is within 300 mt of the
annual limit, the trip limit will be 15 mt. If cumulative catch is
within 200 mt of the annual limit, the trip limit will be 3 mt.
July-September: If cumulative catch is within 250 mt of
the annual limit, the trip limit will be 15 mt. If cumulative catch is
within 150 mt of the annual limit, the trip limit will be 3 mt.
October-December: If cumulative catch is within 200 mt of
the annual limit, the trip limit will be 15 mt. If catch is within 100
mt of the annual limit, the trip limit will be 3 mt.
If the annual limit is between 297-399 mt, the initial trip limit
will 15 mt, and the trip limit will be reduced as follows:
January-June: If cumulative catch is within 220 mt of the
annual limit, the trip limit will be 3 mt.
July-September: If cumulative catch is within 200 mt of
the annual limit, the trip limit will be 3 mt.
October-December: If cumulative catch is within 100 mt of
the annual limit, the trip limit will be 3 mt.
If the annual limit is 296 mt or less, the trip limit will be 5 mt
for the entire year.
Under California law and regulations, electronic landing receipts
(i.e., e-tickets) are required for landings in California and are
required to be submitted to the California Department of Fish and
Wildlife within three business days (see California Fish and Game Code
section 8046 and 14 California Code of Regulations Sec. 197). Under
this final rule, e-tickets must be submitted within 24 hours if any
Pacific bluefin tuna is included in a landing into California. This
accelerated submission deadline is required in order to better monitor
catch limits.
NMFS will estimate when the overall catch is expected to reach the
thresholds to reduce the trip limit (e.g., from 30 mt to 20 mt, from 20
mt to 15 mt, or from 15 mt to 2 mt) or the annual limit based on
available fishery information, such as landing receipts. NMFS will then
make decisions on in-season actions based on those estimates. NMFS
encourages owners or operators of purse seine vessels to call NMFS at
562-432-1850 in advance of landing with an estimate of how much Pacific
bluefin tuna was caught on each trip.
In-Season Action Announcements
In-season actions to reduce trip limits imposed by NMFS will be
effective upon the time and date published in a notice in the Federal
Register. In-season actions will also be announced by posting on the
NOAA Fisheries website (https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status).
This represents a change from the in-season action procedures described
in the proposed rule, which included notice by a United States Coast
Guard Notice to Mariners broadcast three times per day for 4 days; the
proposed procedures would also have made the in-season actions
effective on the date specified in the actual notice by broadcast and
website posting or at the time specified in the Federal Register,
whichever came first. After the public comment period for the proposed
rule closed, however, the United States Coast Guard notified NMFS WCR
that they would not provide a Broadcast Notice to Mariners, indicating
that using it for in-season actions for Pacific bluefin tuna is
inconsistent with its use in accordance with regulations at 33 CFR
72.01. Taking in-season actions quickly is essential because the
Pacific bluefin tuna fishery may catch much of the catch limit in a
short period; therefore, NMFS intends to replace notice of in-season
actions by Broadcast Notice to Mariners with notice by emails to the
affected public. Because this was not contemplated in the proposed
rule, NMFS intends to publish another proposed rule that would propose
adding notice of in-season action by email, such that the procedures
would require in-season actions to be posted on the NMFS website, sent
by emails to the affected public, and published in the Federal Register
as soon as practicable (RIN 0648-BL59). In the meantime, to ensure NMFS
is able to take in-season actions as necessary, this rule is finalizing
the other components of the proposed in-season action procedures,
namely, notice by publication in the Federal Register and by posting on
the NMFS website.
In 2022-2024, if NMFS determines that cumulative catch is expected
to meet any of the thresholds described previously (based on landing
receipts, or other available information) during the applicable months,
an intermediate or lower trip limit will be imposed by NMFS using the
in-season action procedures described in the previous paragraph.
When NMFS determines that the annual catch limit is expected to be
reached in each year (based on landings receipts or other available
fishery information), U.S. commercial fishing vessels will be
prohibited from targeting, retaining, transshipping or landing Pacific
bluefin tuna captured in the Convention Area for the remainder of the
calendar year (i.e., fishery closure). NMFS will publish a notice in
the Federal Register and on the NMFS website announcing that targeting,
retaining, transshipping or landing of Pacific bluefin tuna captured in
the Convention Area will be prohibited on an effective time and date
specified in the Federal Register Notice through the end of that
calendar year. Upon that effective date, a commercial fishing vessel of
the U.S. cannot not be used to target, retain on board, transship, or
land Pacific bluefin tuna captured in the Convention Area. However, any
Pacific bluefin tuna already on board a fishing vessel on the effective
date can be retained on board, transshipped, and/or landed within 14
days of the effective date, to the extent authorized by applicable laws
and regulations. In the event a trip limit was reduced early or the
fishery was closed due to an overestimation of catch, NMFS will reverse
the prior in-season action to increase the trip limit or re-open the
fishery after landing receipts have been received and the landed catch
quantity confirmed. NMFS will announce these actions in the Federal
Register and on the NMFS website.
Catch Reporting
NMFS will continue to provide updates on Pacific bluefin tuna
catches in the Convention Area to the public via the NMFS website:
https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status. NMFS will update the
NMFS website provided the updates do not disclose confidential
information. These updates are intended to help participants in the
U.S. commercial fishery plan for reduced trip limits and attainment of
the annual limits.
Comments and Response
NMFS received one public comment on the proposed rule. The comment
was supportive of actions to limit catch of Pacific bluefin tuna, and
suggested further limits than agreed to in Resolution C-21-05. The U.S.
agreed to the limits imposed in this final rule, which are part of an
internationally-agreed rebuilding plan that is effectively rebuilding
Pacific bluefin tuna per the 2020 stock assessment. Consequently, NMFS
intends to implement catch limits consistent with the IATTC Resolution.
[[Page 47942]]
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the Tuna Conventions Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Good Cause To Shorten Delay in Effective Date
Under section 553(d) of the Administrative Procedure Act, an agency
must delay the effective date of regulations for 30 days after
publication, unless the agency finds good cause to make the regulations
effective sooner. The NOAA Assistant Administrator for Fisheries has
determined that good cause exists to make this rule effective 7 days
after publication.
A stock assessment completed in July 2020 by the International
Scientific Committee for Tuna and Tuna-like Species in the North
Pacific Ocean showed that Pacific bluefin tuna is overfished and
subject to overfishing when compared to commonly used reference points;
NMFS subsequently concurred with the assessment (86 FR 9910, February
17, 2021). The main objective of IATTC Resolution C-21-05 is to reduce
overfishing and aid in rebuilding of the stock by setting limits on
catch in the Convention Area during 2022-2024. As a member of the
IATTC, the United States is legally bound to implement that Resolution.
In recent years, Pacific bluefin tuna have remained in significant
numbers in waters off of southern California, and U.S. commercial
vessels currently have a greater opportunity to fish for Pacific
bluefin tuna off of the U.S West Coast than in previous years. 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 (nearly four times the initial 20-mt trip limit),
there is potential for a derby-style fishery that would result in
exceeding the 523-mt catch limit for 2022 before this rule goes into
effect. Delaying the effective date of this rule for a full 30 days
after publication would therefore be contrary to the public's interest
in ensuring conservation of Pacific bluefin tuna stock in the EPO. Such
a delay would also be contrary to the public's interest in ensuring the
United States is in compliance with its international obligations to
implement the catch limits in IATTC Resolution C-21-05.
Although justification exists to make the rule effective
immediately upon publication, NMFS is implementing a 7-day delay in
effectiveness to provide sufficient time for currently-operating
vessels to comply with the new regulations. Seven days is sufficient
because vessels that target Pacific bluefin tuna in large quantities
(i.e., purse seine vessels) typically complete their fishing trips
within 1 to 2 days. Therefore, to conserve Pacific bluefin tuna, which
are overfished, and to remain in compliance with IATTC Resolution C-21-
05, NMFS has determined that making these measures effective 7 days
after publication in the Federal Register is in the public's interest.
As soon as the rule is published, additional notice will be given to
fishery participants through an email sent to the IATTC distribution
list.
Economic Analysis
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, for purposes of the
Regulatory Flexibility Act, 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. The changes to in-season action procedures from
proposed to final rule, while considering a proposed rule currently in
development to address the changes to in-season action procedures, are
not expected to result in a change in the certification published in
the proposed rule.
Paperwork Reduction Act
This rule does not contain a change to a collection of information
requirement for purposes of the Paperwork Reduction Act of 1995 (PRA).
The existing collection of information requirements would continue to
apply under the following Office of Management and Budget (OMB) Control
Number(s): 0648-0778, Reporting and Notification Requirements in West
Coast Pacific Bluefin Tuna Fishery.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: August 1, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300 is
proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
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. 300.24, revise paragraph (u) to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(u) Use a United States commercial fishing vessel in the Convention
Area to target, retain on board, transship, or land Pacific bluefin
tuna in contravention of Sec. 300.25(g)(2) through (6).
* * * * *
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3. In Sec. 300.25, revise paragraph (g) to read as follows:
Sec. 300.25 Fisheries management.
* * * * *
(g) Pacific bluefin tuna (Thunnus orientalis) commercial catch
limits in the eastern Pacific Ocean for 2022-2024--(1) Biennial catch
limit for 2021-2022. The biennial catch limit for 2021-2022 is 739
metric tons.
(2) Biennial catch limit for 2023-2024. The biennial catch limit
for 2023-2024 is either:
(i) 1,017 metric tons increased by the amount, not to exceed 37
metric tons, of Pacific bluefin tuna catch remaining from the 2021-2022
U.S. commercial catch limit; or,
(ii) 1,017 metric tons reduced by the amount of Pacific bluefin
tuna caught in excess of the 2021-2022 U.S. commercial biennial catch
limit.
(3) Annual catch and trip limits for 2022. For the calendar year
2022, all commercial fishing vessels of the United States combined may
capture, retain, transship, or land no more than 523 metric tons. A 20-
metric ton trip limit will be in effect until any of the following
criteria are met:
[[Page 47943]]
----------------------------------------------------------------------------------------------------------------
And NMFS anticipates
If the time of year is . . . cumulative catch will be . . Then the trip limit will be
. . . .
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
(i) January through June............................ 200 15
300 3
(ii) July through September......................... 250 15
325 3
(iii) October through December...................... 300 15
423 3
----------------------------------------------------------------------------------------------------------------
(4) Annual catch and trip limits for 2023. For the calendar year
2023, all commercial fishing vessels of the United States combined may
capture, retain, transship, or land no more than 720 metric tons. A 30-
metric ton trip limit will be in effect until any of the following
criteria are met:
----------------------------------------------------------------------------------------------------------------
And NMFS anticipates
If the time of year is . . . cumulative catch will be . . Then the trip limit will be
. . . .
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
(ii) January through June........................... 400 20
500 3
(ii) July through September......................... 430 20
520 3
(iii) October through December...................... 470 20
620 3
----------------------------------------------------------------------------------------------------------------
(5) Annual catch and trip limits for 2024. (i) If the 2024 catch
limit is between 525 and 720 metric tons, a 30-metric ton trip limit
will be in effect until any of the following criteria are met:
----------------------------------------------------------------------------------------------------------------
And NMFS anticipates the
If the time of year is . . . cumulative catch is within . Then the trip limit will be
. . . . .
(mt of the annual catch (mt)
limit)
----------------------------------------------------------------------------------------------------------------
(A) January through June............................ 320 20
220 10
150 3
(B) July through September.......................... 300 20
200 10
140 3
(C) October through December........................ 250 20
100 3
----------------------------------------------------------------------------------------------------------------
(ii) If the 2024 catch limit is between 400 and 524 metric tons, a
20-metric ton trip limit will be in effect until any of the following
criteria are met:
----------------------------------------------------------------------------------------------------------------
And NMFS anticipates
If the time of year is . . . cumulative catch is within . Then the trip limit will be
. . . . .
(mt of the annual catch (mt)
limit)
----------------------------------------------------------------------------------------------------------------
(A) January through June............................ 300 15
200 3
(B) July through September.......................... 250 15
150 3
(C) October through December........................ 200 15
100 3
----------------------------------------------------------------------------------------------------------------
(iii) If the 2024 catch limit is between 297 and 399 metric tons, a
15-metric ton trip limit will be in effect until any of the following
criteria are met:
----------------------------------------------------------------------------------------------------------------
And NMFS anticipates
If the time of year is . . . cumulative catch is within . Then the trip limit will be
. . . . .
(mt of the annual catch (mt)
limit)
----------------------------------------------------------------------------------------------------------------
(A) January through June............................ 220 3
[[Page 47944]]
(B) July through September.......................... 200 3
(C) October through December........................ 100 3
----------------------------------------------------------------------------------------------------------------
(iv) If the 2024 catch limit is 296 metric tons or less, the trip
limit will be 5 metric tons for the entire calendar year.
(6) Closure of the fishery. After NMFS determines that the annual
catch limits under paragraphs (g)(3) through (5) of this section are
expected to be reached, NMFS will close the fishery effective upon the
date provided in the notice in accordance with paragraph (g)(7) of this
section. Upon the effective date in the notice, targeting, retaining on
board, transshipping or landing Pacific bluefin tuna in the Convention
Area shall be prohibited through the end of the calendar year, 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 within 14 days after the effective date
published in the fishing closure notice, to the extent authorized by
applicable laws and regulations.
(7) Announcement and effective dates of in-season actions. In-
season actions taken under paragraphs (g)(2) through (6) of this
section will be by notice in the Federal Register. The action will also
be posted on the National Marine Fisheries Service West Coast Region
website (https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status). In-season
actions will be effective from the date and time specified in the
Federal Register Notice.
(8) Reversal of in-season actions. If an in-season action taken
under paragraphs (g)(2) through (6) of this section is based on
overestimate of actual catch, NMFS will reverse that action in the
timeliest possible manner, provided NMFS finds that reversing that
action is consistent with the management objectives for the affected
species. The fishery will be subject to the change in trip limit or
reopened effective on the date provided in the notice in accordance
with paragraph (g)(7) of this section.
(9) State of California fish landing receipts. If landing Pacific
bluefin tuna into the State of California, fish landing receipts must
be submitted within 24 hours to the California Department of Fish and
Wildlife in accordance with the requirements of applicable State
regulations.
[FR Doc. 2022-16824 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-22-P
