International Fisheries; Pacific Tuna Fisheries; 2022-2024 In-Season Action Announcement Procedures for Commercial Pacific Bluefin Tuna in the Eastern Pacific Ocean, 70766-70769 [2022-25251]
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Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Proposed Rules
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Table of Allotments.
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(b) * * *
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TABLE 1 TO PARAGRAPH (b)
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National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 221110–0238]
RIN 0648–BL59
International Fisheries; Pacific Tuna
Fisheries; 2022–2024 In-Season Action
Announcement Procedures for
Commercial Pacific Bluefin Tuna in the
Eastern Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
Proposed Rules
§ 73.202
DEPARTMENT OF COMMERCE
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NMFS is proposing
regulations under the Tuna Conventions
Act of 1950, as amended (TCA), to
revise in-season action announcement
procedures for the commercial fisheries
for Pacific bluefin tuna. This proposed
rule would amend procedures to add
notification of in-season action by direct
emails to the affected public. In-season
actions would be effective upon the
earlier of either receipt of the
notification by email or publication of
the notice in the Federal Register. Inseason actions would also be posted on
the NMFS website. This proposed rule
would also add a provision to the inseason action procedures to allow any
Pacific bluefin tuna already on board a
fishing vessel on the effective date of a
notification of in-season action to be
retained on board and landed or
transshipped within 24 hours of the
effective date of the in-season action.
DATES: Comments on the proposed rule
and supporting documents must be
submitted in writing by December 6,
2022.
SUMMARY:
You may submit comments
on this document, identified by NOAA–
NMFS–2022–0106, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2022–0106’’ in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
• Mail: Submit written comments to
Celia Barroso, NMFS West Coast Region
Long Beach Office, 501 W Ocean Blvd.,
Suite 4200, Long Beach, CA 90802.
Include the identifier ‘‘NOAA–NMFS–
2022–0106’’ in the comments.
ADDRESSES:
Texas
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South Padre Island .....................
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[FR Doc. 2022–25262 Filed 11–18–22; 8:45 am]
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Instructions: Comments must be
submitted by one of the above methods
to ensure they are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and will generally be
posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of the draft Regulatory Impact
Review (RIR) and other supporting
documents are available via the Federal
e-Rulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2022–0106 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:
Background on the IATTC
The United States is a member of the
Inter-American Tropical Tuna
Commission (IATTC), which was
established under the Convention for
the Establishment of an IATTC signed in
1949 (1949 Convention). The 1949
Convention provides an international
agreement to ensure the effective
international conservation and
management of highly migratory species
of fish in the IATTC Convention Area.
In 2003, the IATTC updated the 1949
Convention through the adoption of the
Convention for the Strengthening of the
IATTC Established by the 1949
Convention between the United States
of America and the Republic of Costa
Rica (Antigua Convention).1 The IATTC
Convention Area, as amended by the
Antigua Convention, includes the
waters of the eastern Pacific Ocean
(EPO) bounded by the coast of the
Americas, the 50° N and 50° S parallels,
and the 150° W meridian.
1 See https://www.iattc.org/PDFFiles/IATTCInstruments/_English/IATTC_Antigua_
Convention%20Jun%202003.pdf.
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Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Proposed Rules
The IATTC consists of 21 member
nations and 5 cooperating non-member
nations. The IATTC facilitates scientific
research into, as well as the
conservation and management of, tuna
and tuna-like species in the Convention
Area. The IATTC maintains a scientific
research and fishery monitoring
program, and regularly assesses the
status of tuna, shark, and billfish stocks
in the EPO to determine appropriate
catch limits and other measures to
promote sustainable fisheries and
prevent overexploitation.
lotter on DSK11XQN23PROD with PROPOSALS1
International Obligations of the United
States Under the Antigua Convention
As a Party to the Antigua Convention
and a member of the IATTC, the United
States is legally bound to implement
decisions of the IATTC. The TCA, 16
U.S.C. 951 et seq., directs the Secretary
of Commerce, in consultation with the
Secretary of State and, with respect to
enforcement measures, the U.S. Coast
Guard, to promulgate such regulations
as may be necessary to carry out the
United States’ obligations under the
Antigua Convention, including
recommendations and decisions
adopted by the IATTC. The authority of
the Secretary of Commerce to
promulgate such regulations has been
delegated to NMFS.
Recent Pacific Bluefin Tuna
Rulemaking
NMFS recently published a final rule
that implemented IATTC Resolution C–
21–05 (Measures for the Conservation
and Management of Pacific Bluefin
Tuna in the Eastern Pacific Ocean) on
commercial catch limits for Pacific
bluefin tuna (87 FR 47939, August 5,
2022). That final rule established
biennial and annual catch limits for
2022–2024 and trip limits on individual
fishing vessels that adjust as catch
thresholds are met throughout each
year. That final rule also established
procedures for announcing in-season
actions to reduce the trip limit and close
the fishery, as necessary (see 50 CFR
300.25(g)(7)). The procedures for
announcing in-season actions initially
proposed in that rulemaking could not
be implemented because one
component relied on a U.S. Coast Guard
(USCG) Broadcast Notice to Mariners
(BNM), and the USCG determined that
announcements of in-season actions for
the Pacific bluefin tuna fishery was
outside of the scope of their allowed
BNMs. Consequently, that final rule
implemented the other components of
the in-season action announcement
procedures contained in the proposed
rule (i.e., announcing in-season actions
via a posting on the NMFS website
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followed by publication in the Federal
Register as soon as practicable), but the
rule removed notification by BNM.
NMFS is soliciting public comment
on a revised set of procedures for
announcing in-season actions that are
more consistent with the intent behind
the original proposed rule implementing
the IATTC resolution. The intent behind
the revised procedures is to allow for
quicker in-season action in part because
the Pacific bluefin tuna fishery may
catch a lot of the catch limit in a short
period of time when Pacific bluefin tuna
are available in U.S. waters. Quicker inseason action will assist NMFS in
remaining within the U.S. catch limits
agreed to in the IATTC. As discussed
further in the next section, this rule
proposes amending the procedures for
announcing in-season actions to add
notification by direct emails to the
affected public. In-season actions would
be effective from the earlier of either
receipt of notification by email or
publication in the Federal Register.
NMFS is also soliciting comment on
proposed regulations on prohibitions
applicable to U.S. commercial fishing
vessels in the event of an in-season
action to reduce the trip limit. While the
new trip limits would be in effect at the
time and date announced, there may be
instances in which vessels already had
Pacific bluefin tuna in excess of the
reduced trip limit on board at the time
the in-season action was announced. As
a result, NMFS is proposing to allow 24
hours for vessels that already had
Pacific bluefin tuna on board in excess
of the trip limit to land their catch.
Proposed Regulations for In-Season
Action Announcements for Commercial
Pacific Bluefin Tuna for 2022–2024
As indicated in the previous section,
NMFS is proposing to revise the existing
procedures at 50 CFR 300.25(g)(7) for
announcing in-season actions to reduce
trip limits or close the fishery by adding
notification by direct email to the
affected public. In-season actions would
still be published in the Federal
Register and would also appear on the
NMFS website at https://
www.fisheries.noaa.gov/west-coast/
sustainable-fisheries/pacific-bluefintuna-commercial-harvest-status. Inseason actions would be effective upon
the time and date that would appear in
the earlier of either receipt by
notification in a direct email or
publication in the Federal Register. In
accordance with the August 5, 2022,
final rule, in the event the trip limit was
reduced early or the fishery was closed
due to an overestimation of catch,
NMFS could reverse immediately the
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prior in-season action using the same
procedures outlined above.
This proposed rule would also revise
50 CFR 300.25(g)(6) to clarify that, upon
the effective date of a notice of in-season
action to change a trip limit, targeting,
retaining on board, transshipping or
landing Pacific bluefin tuna in excess of
the trip limit in the Convention Area
will be prohibited. To avoid regulatory
discards, that prohibition would include
an exception to allow any Pacific
bluefin tuna already on board a fishing
vessel on the effective date of the inseason action to be retained on board
and landed or transshipped within 24
hours after the effective date announced
in the in-season action, to the extent
authorized by applicable laws and
regulations.
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the Tuna Conventions
Act and other applicable laws, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Economic Analysis
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. Under the Regulatory
Flexibility Act (RFA), the SBA defines
a ‘‘small business’’ (or ‘‘small entity’’) as
one with annual revenue that meets or
is below an established size standard.
On December 29, 2015, NMFS issued a
final rule establishing a small business
size standard of $11 million in annual
gross receipts for all businesses
primarily engaged in the commercial
fishing industry (NAICS 11411) for RFA
compliance purposes only (80 FR
81194). The $11 million standard
became effective on July 1, 2016, and is
to be used in place of the U.S. SBA
current standards of $20.5 million, $5.5
million, and $7.5 million for the finfish
(NAICS 114111), shellfish (NAICS
114112), and other marine fishing
(NAICS 114119) sectors of the U.S.
commercial fishing industry in all
NMFS rules subject to the RFA after July
1, 2016. Id. at 81194.
The entities the proposed action
would directly affect are all U.S.
commercial fishing vessels that may
target (e.g., coastal pelagic purse seine
vessels) or incidentally catch (e.g., drift
gillnet vessels) Pacific bluefin tuna in
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Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Proposed Rules
the Convention Area. In 2020, there
were 137 participants in the commercial
fishery, whether targeting Pacific
bluefin tuna or catching Pacific bluefin
tuna incidentally. Not all vessels that
have participated in this fishery decide
to do so every year. For example, the
coastal purse seine fleet participation in
the Pacific bluefin tuna fishery has
ranged from five to nine during 2016–
2020. These vessels are characterized in
greater detail below. U.S. commercial
catch of Pacific bluefin tuna from the
IATTC Convention Area is primarily
made in waters off of California by the
coastal pelagic small purse seine fleet,
which targets Pacific bluefin tuna
opportunistically, and other fleets (e.g.,
California large-mesh drift gillnet,
surface hook-and-line, west coast
longline, and Hawaii’s pelagic fisheries)
that catch Pacific bluefin tuna in small
quantities, such as incidentally.
U.S. Coastal Purse Seine Fleet
Since 2006, the average annual
revenue per vessel from all finfish
fishing activities for the U.S. purse seine
fleet that have landed Pacific bluefin
tuna has been less than $11 million,
whether considering an individual
vessel or per vessel average. From 2016–
2020, purse seine vessels that caught
tuna had an average ex-vessel revenue
of about $1,044,000 per vessel per year
(based on all species landed). Annually,
from 2016 to 2020, the number of small
coastal pelagic purse seine vessels that
landed Pacific bluefin tuna to the U.S.
West Coast ranged from five to nine.
Table 1 below summarizes the number
of coastal purse seine vessels landing
Pacific bluefin tuna in each year 2016–
2020, along with total annual landings
and revenues.
TABLE 1—NUMBER OF SMALL COASTAL PURSE SEINE VESSELS LANDING PACIFIC BLUEFIN TUNA TO THE U.S. WEST
COAST, ALONG WITH ANNUAL LANDINGS AND REVENUES FROM PACIFIC BLUEFIN TUNA, 2016–2020 2
Number of
vessels
Year
2016
2017
2018
2019
2020
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The revenue derived from tuna is 11.3
percent of the overall revenue for
coastal pelagic purse seine vessels that
landed tuna (annually from 2016–2020),
with the majority of revenue in recent
years from Pacific sardine, market
squid, and to a lesser extent yellowfin
tuna. In particular, on average (annually
2016–2020) yellowfin tuna made up 65
percent of all tuna landings by this fleet.
Revenues and costs, and corresponding
profitability, of coastal purse seine
vessels are not expected to be
significantly altered as a result of this
proposed rule.
Other U.S. Fleets That Catch Pacific
Bluefin Tuna
Since 2006, the average annual
revenue per vessel from all finfish
fishing activities for the U.S. fleet with
landings of Pacific bluefin tuna in small
quantities, such as from incidental catch
or hook-and-line, has been less than $11
million. These vessels include drift
gillnet, surface hook-and-line, and
longline gear-types. The revenues of
these vessels are also not expected to be
significantly altered by the proposed
rule. From 2016 to 2020, between 7 and
14 drift gillnet vessels, 40 to 116 surface
hook-and-line vessels, and 1 longline
vessel landed Pacific bluefin tuna.
During these years, vessels with gears
other than purse seine landed an annual
average of 55.2 mt of Pacific bluefin
2 Landings and ex-vessel revenue are for all small
coastal purse seine vessels that landed Pacific
bluefin tuna in the year. Source: Pacific Fisheries
Information Network
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tuna, worth approximately $487,300. If
the fishery is closed before the end of
the calendar year, regulatory discards by
these fleets are likely. Such a scenario
would result in a greater impact to the
fleet that catches Pacific bluefin tuna in
small quantities, as opposed to the
coastal purse seine fleet, which would
simply cease targeting of Pacific bluefin
tuna. Implementation of this proposed
amended in-season action procedures
would more closely align with the
intent of the management scheme in the
proposed (87 FR 12409, March 4, 2022)
initial rulemaking that was finalized on
August 5, 2022. That is, to provide
NMFS with quicker in-season action to
avoid exceeding catch limits, allow for
more operational flexibility to the fleet
to harvest the full catch limit while
aiming to avoid regulatory discards in
the event of a fishery closure.
Pursuant to the RFA and NMFS’
December 29, 2015, final rule (80 FR
81194), this certification was developed
using NMFS’ revised size standards.
NMFS considers all entities subject to
this proposed action, which based on
recent participation ranges from 88 to
137 because participation fluctuates
substantially from year-to-year, to be
small entities as defined by both the
former, lower size standards and the
revised size standards. Based on
profitability analysis above, the
proposed action, if adopted, will not
have significant adverse economic
impacts on these small business entities.
As a result, an initial regulatory
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Landings
(mt)
5
8
8
9
6
Ex-vessel
revenue
315.72
466.43
11.53
226.11
116.19
$351,767
516,135
11,378
258,937
126,054
flexibility analysis is not required and
was not prepared for this proposed rule.
Paperwork Reduction Act
This proposed rule contains no
collection of information requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: November 14, 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 § 300.25, revise paragraphs (g)(6)
and (7) to read as follows:
■
§ 300.25
Fisheries management.
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(6) In-season actions for trip limits
and closure of the fishery. If NMFS
determines that action to change a trip
limit needs to be taken under
paragraphs (g)(3) through (5) of this
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section, the revised trip limit will be
effective upon the date provided in a
notification of in-season action in
accordance with paragraph (g)(7) of this
section. Upon the effective date of an inseason action to change trip limits
under paragraphs (g)(3) through (5) of
this section, targeting, retaining on
board, transshipping or landing Pacific
bluefin tuna in the Convention Area in
violation of the in-season action shall be
prohibited, with the exception that any
Pacific bluefin tuna already on board a
fishing vessel on the effective date of the
notification of in-season action may be
retained on board and landed or
transshipped within 24 hours after the
effective date of the notification, to the
extent authorized by applicable laws
and regulations. After NMFS determines
that the annual catch limits under
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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
notification in accordance with
paragraph (g)(7) of this section. Upon
the effective date in the notification,
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 notification may be retained
on board and landed or transshipped
within 14 days after the effective date
published in the fishing closure
notification, to the extent authorized by
applicable laws and regulations.
(7) Announcement and effective dates
of in-season actions. If in-season actions
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70769
under paragraphs (g)(2) through (6) of
this section are needed, NMFS will post
a notification on the NMFS web page
(https://www.fisheries.noaa.gov/westcoast/sustainable-fisheries/pacificbluefin-tuna-commercial-harvest-status)
announcing the in-season action,
including effective dates. NMFS will
also send emails with notification of the
in-season action to affected vessel
owners. This action will also be
published in the Federal Register as
soon as practicable. The in-season
action will be effective upon the earlier
of either (1) receipt by email of such
notification, or (2) publication in the
Federal Register.
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[FR Doc. 2022–25251 Filed 11–18–22; 8:45 am]
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]]>Agencies
[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Proposed Rules]
[Pages 70766-70769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25251]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 221110-0238]
RIN 0648-BL59
International Fisheries; Pacific Tuna Fisheries; 2022-2024 In-
Season Action Announcement Procedures for Commercial Pacific Bluefin
Tuna in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS is proposing regulations under the Tuna Conventions Act
of 1950, as amended (TCA), to revise in-season action announcement
procedures for the commercial fisheries for Pacific bluefin tuna. This
proposed rule would amend procedures to add notification of in-season
action by direct emails to the affected public. In-season actions would
be effective upon the earlier of either receipt of the notification by
email or publication of the notice in the Federal Register. In-season
actions would also be posted on the NMFS website. This proposed rule
would also add a provision to the in-season action procedures to allow
any Pacific bluefin tuna already on board a fishing vessel on the
effective date of a notification of in-season action to be retained on
board and landed or transshipped within 24 hours of the effective date
of the in-season action.
DATES: Comments on the proposed rule and supporting documents must be
submitted in writing by December 6, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0106, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0106'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Celia Barroso, NMFS West
Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2022-0106'' in the
comments.
Instructions: Comments must be submitted by one of the above
methods to ensure they are received, documented, and considered by
NMFS. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. All comments received are a part of the public record and
will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address, etc.) submitted voluntarily by the sender will be publicly
accessible. Do not submit confidential business information, or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
Copies of the draft Regulatory Impact Review (RIR) and other
supporting documents are available via the Federal e-Rulemaking Portal:
https://www.regulations.gov, docket NOAA-NMFS-2022-0106 or contact the
Highly Migratory Species Branch Chief, Lyle Enriquez, 501 W Ocean
Blvd., Suite 4200, Long Beach, CA 90802, or [email protected].
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 562-432-1850,
[email protected].
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the Inter-American Tropical Tuna
Commission (IATTC), which was established under the Convention for the
Establishment of an IATTC signed in 1949 (1949 Convention). The 1949
Convention provides an international agreement to ensure the effective
international conservation and management of highly migratory species
of fish in the IATTC Convention Area. In 2003, the IATTC updated the
1949 Convention through the adoption of the Convention for the
Strengthening of the IATTC Established by the 1949 Convention between
the United States of America and the Republic of Costa Rica (Antigua
Convention).\1\ The IATTC Convention Area, as amended by the Antigua
Convention, includes the waters of the eastern Pacific Ocean (EPO)
bounded by the coast of the Americas, the 50[deg] N and 50[deg] S
parallels, and the 150[deg] W meridian.
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\1\ See https://www.iattc.org/PDFFiles/IATTC-Instruments/_English/IATTC_Antigua_Convention%20Jun%202003.pdf.
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[[Page 70767]]
The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC facilitates scientific research into, as well
as the conservation and management of, tuna and tuna-like species in
the Convention Area. The IATTC maintains a scientific research and
fishery monitoring program, and regularly assesses the status of tuna,
shark, and billfish stocks in the EPO to determine appropriate catch
limits and other measures to promote sustainable fisheries and prevent
overexploitation.
International Obligations of the United States Under the Antigua
Convention
As a Party to the Antigua Convention and a member of the IATTC, the
United States is legally bound to implement decisions of the IATTC. The
TCA, 16 U.S.C. 951 et seq., directs the Secretary of Commerce, in
consultation with the Secretary of State and, with respect to
enforcement measures, the U.S. Coast Guard, to promulgate such
regulations as may be necessary to carry out the United States'
obligations under the Antigua Convention, including recommendations and
decisions adopted by the IATTC. The authority of the Secretary of
Commerce to promulgate such regulations has been delegated to NMFS.
Recent Pacific Bluefin Tuna Rulemaking
NMFS recently published a final rule that implemented IATTC
Resolution C-21-05 (Measures for the Conservation and Management of
Pacific Bluefin Tuna in the Eastern Pacific Ocean) on commercial catch
limits for Pacific bluefin tuna (87 FR 47939, August 5, 2022). That
final rule established biennial and annual catch limits for 2022-2024
and trip limits on individual fishing vessels that adjust as catch
thresholds are met throughout each year. That final rule also
established procedures for announcing in-season actions to reduce the
trip limit and close the fishery, as necessary (see 50 CFR
300.25(g)(7)). The procedures for announcing in-season actions
initially proposed in that rulemaking could not be implemented because
one component relied on a U.S. Coast Guard (USCG) Broadcast Notice to
Mariners (BNM), and the USCG determined that announcements of in-season
actions for the Pacific bluefin tuna fishery was outside of the scope
of their allowed BNMs. Consequently, that final rule implemented the
other components of the in-season action announcement procedures
contained in the proposed rule (i.e., announcing in-season actions via
a posting on the NMFS website followed by publication in the Federal
Register as soon as practicable), but the rule removed notification by
BNM.
NMFS is soliciting public comment on a revised set of procedures
for announcing in-season actions that are more consistent with the
intent behind the original proposed rule implementing the IATTC
resolution. The intent behind the revised procedures is to allow for
quicker in-season action in part because the Pacific bluefin tuna
fishery may catch a lot of the catch limit in a short period of time
when Pacific bluefin tuna are available in U.S. waters. Quicker in-
season action will assist NMFS in remaining within the U.S. catch
limits agreed to in the IATTC. As discussed further in the next
section, this rule proposes amending the procedures for announcing in-
season actions to add notification by direct emails to the affected
public. In-season actions would be effective from the earlier of either
receipt of notification by email or publication in the Federal
Register.
NMFS is also soliciting comment on proposed regulations on
prohibitions applicable to U.S. commercial fishing vessels in the event
of an in-season action to reduce the trip limit. While the new trip
limits would be in effect at the time and date announced, there may be
instances in which vessels already had Pacific bluefin tuna in excess
of the reduced trip limit on board at the time the in-season action was
announced. As a result, NMFS is proposing to allow 24 hours for vessels
that already had Pacific bluefin tuna on board in excess of the trip
limit to land their catch.
Proposed Regulations for In-Season Action Announcements for Commercial
Pacific Bluefin Tuna for 2022-2024
As indicated in the previous section, NMFS is proposing to revise
the existing procedures at 50 CFR 300.25(g)(7) for announcing in-season
actions to reduce trip limits or close the fishery by adding
notification by direct email to the affected public. In-season actions
would still be published in the Federal Register and would also appear
on the NMFS website at https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status.
In-season actions would be effective upon the time and date that would
appear in the earlier of either receipt by notification in a direct
email or publication in the Federal Register. In accordance with the
August 5, 2022, final rule, in the event the trip limit was reduced
early or the fishery was closed due to an overestimation of catch, NMFS
could reverse immediately the prior in-season action using the same
procedures outlined above.
This proposed rule would also revise 50 CFR 300.25(g)(6) to clarify
that, upon the effective date of a notice of in-season action to change
a trip limit, targeting, retaining on board, transshipping or landing
Pacific bluefin tuna in excess of the trip limit in the Convention Area
will be prohibited. To avoid regulatory discards, that prohibition
would include an exception to allow any Pacific bluefin tuna already on
board a fishing vessel on the effective date of the in-season action to
be retained on board and landed or transshipped within 24 hours after
the effective date announced in the in-season action, to the extent
authorized by applicable laws and regulations.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act and other applicable
laws, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Economic Analysis
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. Under the Regulatory Flexibility Act (RFA), the SBA defines a
``small business'' (or ``small entity'') as one with annual revenue
that meets or is below an established size standard. On December 29,
2015, NMFS issued a final rule establishing a small business size
standard of $11 million in annual gross receipts for all businesses
primarily engaged in the commercial fishing industry (NAICS 11411) for
RFA compliance purposes only (80 FR 81194). The $11 million standard
became effective on July 1, 2016, and is to be used in place of the
U.S. SBA current standards of $20.5 million, $5.5 million, and $7.5
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and
other marine fishing (NAICS 114119) sectors of the U.S. commercial
fishing industry in all NMFS rules subject to the RFA after July 1,
2016. Id. at 81194.
The entities the proposed action would directly affect are all U.S.
commercial fishing vessels that may target (e.g., coastal pelagic purse
seine vessels) or incidentally catch (e.g., drift gillnet vessels)
Pacific bluefin tuna in
[[Page 70768]]
the Convention Area. In 2020, there were 137 participants in the
commercial fishery, whether targeting Pacific bluefin tuna or catching
Pacific bluefin tuna incidentally. Not all vessels that have
participated in this fishery decide to do so every year. For example,
the coastal purse seine fleet participation in the Pacific bluefin tuna
fishery has ranged from five to nine during 2016-2020. These vessels
are characterized in greater detail below. U.S. commercial catch of
Pacific bluefin tuna from the IATTC Convention Area is primarily made
in waters off of California by the coastal pelagic small purse seine
fleet, which targets Pacific bluefin tuna opportunistically, and other
fleets (e.g., California large-mesh drift gillnet, surface hook-and-
line, west coast longline, and Hawaii's pelagic fisheries) that catch
Pacific bluefin tuna in small quantities, such as incidentally.
U.S. Coastal Purse Seine Fleet
Since 2006, the average annual revenue per vessel from all finfish
fishing activities for the U.S. purse seine fleet that have landed
Pacific bluefin tuna has been less than $11 million, whether
considering an individual vessel or per vessel average. From 2016-2020,
purse seine vessels that caught tuna had an average ex-vessel revenue
of about $1,044,000 per vessel per year (based on all species landed).
Annually, from 2016 to 2020, the number of small coastal pelagic purse
seine vessels that landed Pacific bluefin tuna to the U.S. West Coast
ranged from five to nine. Table 1 below summarizes the number of
coastal purse seine vessels landing Pacific bluefin tuna in each year
2016-2020, along with total annual landings and revenues.
Table 1--Number of Small Coastal Purse Seine Vessels Landing Pacific Bluefin Tuna to the U.S. West Coast, Along
With Annual Landings and Revenues From Pacific Bluefin Tuna, 2016-2020 \2\
----------------------------------------------------------------------------------------------------------------
Number of Ex-vessel
Year vessels Landings (mt) revenue
----------------------------------------------------------------------------------------------------------------
2016............................................................ 5 315.72 $351,767
2017............................................................ 8 466.43 516,135
2018............................................................ 8 11.53 11,378
2019............................................................ 9 226.11 258,937
2020............................................................ 6 116.19 126,054
----------------------------------------------------------------------------------------------------------------
The revenue derived from tuna is 11.3 percent of the overall
revenue for coastal pelagic purse seine vessels that landed tuna
(annually from 2016-2020), with the majority of revenue in recent years
from Pacific sardine, market squid, and to a lesser extent yellowfin
tuna. In particular, on average (annually 2016-2020) yellowfin tuna
made up 65 percent of all tuna landings by this fleet. Revenues and
costs, and corresponding profitability, of coastal purse seine vessels
are not expected to be significantly altered as a result of this
proposed rule.
---------------------------------------------------------------------------
\2\ Landings and ex-vessel revenue are for all small coastal
purse seine vessels that landed Pacific bluefin tuna in the year.
Source: Pacific Fisheries Information Network
---------------------------------------------------------------------------
Other U.S. Fleets That Catch Pacific Bluefin Tuna
Since 2006, the average annual revenue per vessel from all finfish
fishing activities for the U.S. fleet with landings of Pacific bluefin
tuna in small quantities, such as from incidental catch or hook-and-
line, has been less than $11 million. These vessels include drift
gillnet, surface hook-and-line, and longline gear-types. The revenues
of these vessels are also not expected to be significantly altered by
the proposed rule. From 2016 to 2020, between 7 and 14 drift gillnet
vessels, 40 to 116 surface hook-and-line vessels, and 1 longline vessel
landed Pacific bluefin tuna. During these years, vessels with gears
other than purse seine landed an annual average of 55.2 mt of Pacific
bluefin tuna, worth approximately $487,300. If the fishery is closed
before the end of the calendar year, regulatory discards by these
fleets are likely. Such a scenario would result in a greater impact to
the fleet that catches Pacific bluefin tuna in small quantities, as
opposed to the coastal purse seine fleet, which would simply cease
targeting of Pacific bluefin tuna. Implementation of this proposed
amended in-season action procedures would more closely align with the
intent of the management scheme in the proposed (87 FR 12409, March 4,
2022) initial rulemaking that was finalized on August 5, 2022. That is,
to provide NMFS with quicker in-season action to avoid exceeding catch
limits, allow for more operational flexibility to the fleet to harvest
the full catch limit while aiming to avoid regulatory discards in the
event of a fishery closure.
Pursuant to the RFA and NMFS' December 29, 2015, final rule (80 FR
81194), this certification was developed using NMFS' revised size
standards. NMFS considers all entities subject to this proposed action,
which based on recent participation ranges from 88 to 137 because
participation fluctuates substantially from year-to-year, to be small
entities as defined by both the former, lower size standards and the
revised size standards. Based on profitability analysis above, the
proposed action, if adopted, will not have significant adverse economic
impacts on these small business entities. As a result, an initial
regulatory flexibility analysis is not required and was not prepared
for this proposed rule.
Paperwork Reduction Act
This proposed rule contains no collection of information
requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: November 14, 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. 300.25, revise paragraphs (g)(6) and (7) to read as
follows:
Sec. 300.25 Fisheries management.
* * * * *
(g) * * *
(6) In-season actions for trip limits and closure of the fishery.
If NMFS determines that action to change a trip limit needs to be taken
under paragraphs (g)(3) through (5) of this
[[Page 70769]]
section, the revised trip limit will be effective upon the date
provided in a notification of in-season action in accordance with
paragraph (g)(7) of this section. Upon the effective date of an in-
season action to change trip limits under paragraphs (g)(3) through (5)
of this section, targeting, retaining on board, transshipping or
landing Pacific bluefin tuna in the Convention Area in violation of the
in-season action shall be prohibited, with the exception that any
Pacific bluefin tuna already on board a fishing vessel on the effective
date of the notification of in-season action may be retained on board
and landed or transshipped within 24 hours after the effective date of
the notification, to the extent authorized by applicable laws and
regulations. 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 notification in accordance with paragraph (g)(7) of this
section. Upon the effective date in the notification, 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 notification may be
retained on board and landed or transshipped within 14 days after the
effective date published in the fishing closure notification, to the
extent authorized by applicable laws and regulations.
(7) Announcement and effective dates of in-season actions. If in-
season actions under paragraphs (g)(2) through (6) of this section are
needed, NMFS will post a notification on the NMFS web page (https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status) announcing the in-season
action, including effective dates. NMFS will also send emails with
notification of the in-season action to affected vessel owners. This
action will also be published in the Federal Register as soon as
practicable. The in-season action will be effective upon the earlier of
either (1) receipt by email of such notification, or (2) publication in
the Federal Register.
* * * * *
[FR Doc. 2022-25251 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-22-P
