Proposed Rule2022-04434
International Fisheries; Pacific Tuna Fisheries; 2022-2024 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean
Primary source
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Published
March 4, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is proposing 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 proposed rule would implement 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 to satisfy its obligations as a member of the IATTC.
Full Text
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<title>Federal Register, Volume 87 Issue 43 (Friday, March 4, 2022)</title>
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Proposed Rules]
[Pages 12409-12416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04434]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220225-0060]
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.
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 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
proposed rule would implement 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 to satisfy its obligations as a
member of the IATTC.
DATES: Comments on the proposed rule and supporting documents must be
submitted in writing by April 4, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0011, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2022-0011'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> 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-2022-0011'' 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
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 eRulemaking Portal:
<a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#c0978392ee888d9380aeafa1a1eea7afb6"><span class="__cf_email__" data-cfemail="81d6c2d3afc9ccd2c1efeee0e0afe6eef7">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 562-432-1850,
<a href="/cdn-cgi/l/email-protection#aae9cfc6c3cb84e8cbd8d8c5d9c5eac4c5cbcb84cdc5dc"><span class="__cf_email__" data-cfemail="5e1d3b32373f701c3f2c2c312d311e30313f3f70393128">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 12410]]
Background on the IATTC
The United States is a member of the IATTC, which was established
in 1949 and operates under the Convention for the Strengthening of the
Inter-American Tropical Tuna Commission Established by the 1949
Convention between the United States of America and the Republic of
Costa Rica (Antigua Convention).\1\
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\1\ See <a href="https://www.iattc.org/PDFFiles/IATTC-Instruments/_English/IATTC_Antigua_Convention%20Jun%202003.pdf">https://www.iattc.org/PDFFiles/IATTC-Instruments/_English/IATTC_Antigua_Convention%20Jun%202003.pdf</a>.
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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 IATTC Convention Area (Convention Area). 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. 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 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.
Pacific Bluefin Tuna Stock Status
In 2011, NMFS determined overfishing was occurring on Pacific
bluefin tuna (76 FR 28422, May 17, 2011), which is considered a single
Pacific-wide stock. Based on the results of a 2012 stock assessment
conducted by the International Scientific Committee for Tuna and Tuna-
like Species in the North Pacific Ocean (ISC), NMFS determined that
Pacific bluefin tuna was not only subject to overfishing, but was also
overfished (78 FR 41033, July 9, 2013). Subsequently, based on the
results of the 2014, 2016, 2018, and 2020 ISC stock assessments, NMFS
determined that Pacific bluefin tuna continued to be overfished and
subject to overfishing.\2\ The ISC completed a stock assessment in July
2020, which showed that the stock continues to be overfished and
subject to overfishing when compared to commonly used reference points.
Additionally, projections of catch scenarios (i.e., increases in
various amounts and maintaining catch limits) presented in the 2020
stock assessment indicated that catch increases were possible while
still meeting the rebuilding targets and consistent with the rebuilding
plan agreed to at the IATTC and Western and Central Pacific Fisheries
Commission (WCPFC).
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\2\ See 80 FR 12621, March 10, 2015; 82 FR 18434, April 19,
2017; 84 FR 19905, May 7, 2019; 86 FR 9910, Feb. 17, 2021.
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Pacific Bluefin Tuna Resolutions
Recognizing the need to reduce fishing mortality of Pacific bluefin
tuna, the IATTC has adopted catch limits in the Convention Area since
2012.\3\ At its Resumed 98th Meeting in October 2021, the IATTC adopted
Resolution C-21-05, which establishes catch limits and reporting
requirements for 2021-2024. This resolution was approved by the
Secretary of State, prompting implementation by NMFS in this
rulemaking.
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\3\ For more information about previous management measures, see
the final rules implementing Resolution C-14-06 (80 FR 38986, July
8, 2015), Resolution C-16-08 (82 FR 18704, April 21, 2017),
Resolutions C-18-01 and C-18-02 (84 FR 18409, May 1, 2019), and
Resolution C-20-02 (86 FR 16303, March 29, 2021).
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Since 2016, the IATTC and the Northern Committee (NC) to the WCPFC
have held annual joint working group meetings intended to develop a
Pacific-wide approach to management of Pacific bluefin tuna.
Conservation measures adopted by the IATTC and WCPFC have considered
the recommendations of the Joint IATTC-WCPFC NC Working Group (Joint
WG). Joint WG recommendations have included initial and second
rebuilding targets and criteria that must be met before considering
increased catch limits. At its 6th meeting held July 26-29 (Japan
Standard Time), 2021, the Joint WG considered the ISC projections and
noted that the initial rebuilding target may have been met early, and
recommended the IATTC and WCPFC increase catch limits consistent with
the rebuilding plan previously agreed to by the IATTC and WCPFC.
Subsequently, the IATTC considered the Joint WG recommendation when it
adopted Resolution C-21-05, which adopted catch limits consistent with
the Joint WG recommendation. Furthermore, in July 2021 the Joint WG
also recommended to strengthen the long-term harvest strategy of
Pacific bluefin tuna by revising the rebuilding plan to specify when
catch increases may be considered and when measures (e.g., catch
limits) must be adjusted to ensure the second rebuilding target is met.
This recommendation was adopted by the IATTC in Resolution C-21-01.
Similar to previous IATTC resolutions on Pacific bluefin tuna, the
main objective of Resolution C-21-05 is to reduce overfishing and to
rebuild the stock by setting limits on commercial catch in the IATTC
Convention Area during 2021-2024 consistent with a rebuilding plan. The
Resolution established both biennial catch limits for 2021-2022 and
2023-2024 and single year catch limits for each year in 2021-2024. The
U.S. Pacific bluefin tuna biennial catch limit for 2021-2022 is 739
metric tons (mt), not to exceed 523 mt in a single year. For 2023-2024,
the biennial catch limit is 1,017 mt, not to exceed 720 mt in a single
year. As in previous resolutions, an IATTC member may add to the new
catch limit any under-harvest from the previous catch limit in an
amount not to exceed 5 percent of the previous biennial catch limit.
For example, the United States may add up to 5 percent of 600 mt (i.e.,
30 mt) from 2019-2020 to the 2021-2022 biennial catch limit.
Preliminary estimates from 2021 indicate U.S. commercial vessels
caught less than 245 mt (precise estimates are not provided due to
confidentiality restrictions). Considering the biennial limit of 739 mt
for 2021-2022, the under-harvest from 2019-2020 biennium added to the
2021-2022 biennium (i.e., 30 mt, or 5 percent of 600 mt), and
preliminary estimates of the amount caught in 2021, the U.S. commercial
limit in 2022 will be 523 mt (i.e., the single-year maximum). In 2023,
the annual limit will be 720 mt, the single-year maximum for the 2023-
2024 biennium. The limit in 2024 is contingent on the amount of Pacific
bluefin tuna caught in 2023 and if there is under-harvest from the
2021-2022 biennial limit added to the 2023-2024 biennial limit.
Implementation of Previous IATTC Resolution on Pacific Bluefin Tuna
NMFS promulgated regulations implementing Resolution C-20-02, which
established a 425 mt commercial catch limit for U.S. vessels for 2021
only (86 FR 16303, March 29, 2021; 50 CFR 300.25(g)). Although
Resolution C-21-05 establishes a biennial catch limit for both 2021-
2022 and 2023-2024, NMFS
[[Page 12411]]
will be writing regulations that apply to 2022-2024. In addition to
establishing an annual catch limit, the regulations for 2021 also
imposed an initial trip limit of 20 mt, an intermediate trip limit of
15 mt, and a low 2 mt trip limit on individual fishing vessels that
adjusted as catch thresholds were met throughout the year. These catch
thresholds adjusted every quarter of the year to provide an adaptive
management approach.
While the catch limits, trip limit values, and thresholds to reduce
the trip limits would be different, this proposed rule for 2022-2024
proposes a similar scheme to 2021 management in each year. In addition,
the proposed rule would maintain an existing requirement for fish
buyers to submit, within 24 hours of landing, electronic landing
receipts with Pacific bluefin tuna landings in California ports using
the California E-tix system. The proposed rule would also maintain the
existing in-season action announcement procedures, under which in-
season actions to reduce trip limits and close the fishery (i.e.,
prohibit targeting, retaining, transshipping and landing of Pacific
bluefin tuna) once the annual limit is met, it will be announced on the
NMFS website, followed by a United States Coast Guard (USCG) Notice to
Mariners, and a Federal Register Notice published as soon as
practicable.
PFMC Recommendations for the Implementation of C-21-05
At its November 2021 meeting, the Pacific Fishery Management
Council (PFMC) considered advisory body reports and recommended a
scheme similar to what had been implemented for 2021. Because the catch
limit in each year would be different, the PFMC recommended different
values for the initial and intermediate trip limits. Additionally,
based on recent fishery trends by gear-types that catch Pacific bluefin
tuna incidentally, a different low trip limit (i.e., 3 mt instead of 2
mt) was recommended. The annual catch and trip limits proposed in this
rule are consistent with the PFMC's recommendation and are described in
detail in the section titled Proposed Regulations for Pacific Bluefin
Tuna in 2022-2024.
Pacific Bluefin Tuna Catch History
While Pacific bluefin tuna catch by U.S. commercial vessels fishing
in the Convention Area exceeded 1,000 mt per year in the early 1990s,
annual catches have remained below 500 mt for more than a decade. From
2011-2020, catches have ranged from 11 mt to 487 mt, with annual
average landings of 210 mt. Average annual Pacific bluefin tuna
landings by U.S. commercial vessels fishing in the Convention Area from
2011 to 2020 represent only 1.5 percent of the average annual landings
of Pacific bluefin tuna for all fleets fishing in the Convention Area.
For information on Pacific bluefin tuna harvests in the Convention Area
through 2020, see <a href="http://isc.fra.go.jp/fisheries_statistics/index.html">http://isc.fra.go.jp/fisheries_statistics/index.html</a>.
For preliminary information for 2021, see <a href="http://www.iattc.org/CatchReportsDataENG.htm">http://www.iattc.org/CatchReportsDataENG.htm</a>.
Proposed Regulations for Pacific Bluefin Tuna for 2022-2024
This proposed rule would establish 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 would be 523 mt in 2022.
The biennial limit in 2023-2024 would be 1,017 mt and not to exceed 720
mt in a single year; therefore, the 2023 catch limit would be 720 mt,
and the 2024 limit would 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
would be accounted for in the subsequent biennial catch limit. Any
over-harvest of the previous catch limit would be deducted from the
subsequent catch limit, and up to 5 percent of any under-harvest of the
previous catch limit would be added to the subsequent catch limit.
Consequently, the 2023-2024 biennial limit would be adjusted if there
is an over-harvest or under-harvest of the 2021-2022 biennial limit.
The proposed regulations refer to the 2021-2022 biennial limit for the
purpose of clarifying its role in determining the 2023-2024 biennial
limit.
NMFS would announce the 2023-2024 biennial limit in a notice
published in the Federal Register in January or early February 2023.
NMFS would announce the 2024 catch limit in a notice published in the
Federal Register in January or early February 2024. These notices would
also be posted on the NMFS website: <a href="https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status">https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status</a>.
Trip Limits and Landing Receipt Submission Deadlines
At the beginning of each period (semi-annual or quarter), the
initial trip limit would 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 would 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 would be closed.
2022
The annual limit would be 523 mt with an initial trip limit of 20
mt. The trip limit would be reduced as follows:
<bullet> January-June: If cumulative catch is within 323 mt of the
annual limit (i.e., cumulative catch reaches 200 mt), the trip limit
would be 15 mt. If cumulative catch is within 223 mt of the annual
limit (i.e., cumulative catch reaches 300 mt), the trip limit would be
3 mt.
<bullet> July-September: If cumulative catch is within 273 mt of
the annual limit (i.e., cumulative catch reaches 250 mt), the trip
limit would be 15 mt. If cumulative catch is within 198 mt of the
annual limit (i.e., cumulative catch reaches 325 mt), the trip limit
would be 3 mt.
<bullet> October-December: If cumulative catch is within 223 mt of
the annual limit (i.e., cumulative catch reaches 300 mt), the trip
limit would be 15 mt. If cumulative catch is within 100 mt of the
annual limit (i.e., cumulative catch reaches 423 mt), the trip limit
would be 3 mt.
2023
The annual limit would be 720 mt with an initial trip limit of 30
mt. The trip limit would be reduced as follows:
<bullet> January-June: If cumulative catch is within 320 mt of the
annual limit (i.e., cumulative catch reaches 400 mt), the trip limit
would be 20 mt. If cumulative catch is within 220 mt of the annual
limit (i.e., cumulative catch reaches 500 mt), the trip limit would be
3 mt.
<bullet> July-September: If cumulative catch is within 290 mt of
the annual limit (i.e., cumulative catch reaches 430 mt), the trip
limit would be 20 mt. If cumulative catch is within 200 mt of the
annual limit (i.e., cumulative catch reaches 520 mt), the trip limit
would be 3 mt.
<bullet> October-December: If cumulative catch is within 250 mt of
the annual limit (i.e., cumulative catch reaches 470 mt), the trip
limit would be 20 mt. If cumulative catch is within 100 mt of the
annual limit (i.e., cumulative catch reaches 620 mt), the trip limit
would be 3 mt.
2024
If the annual limit is between 525 and 720 mt, the initial trip
limit would 30
[[Page 12412]]
mt, and the trip limit would be reduced as follows:
<bullet> January-June: If cumulative catch is within 320 mt of the
annual limit, the trip limit would be 20 mt. If cumulative catch is
within 220 mt of the annual limit, the trip limit would be 10 mt. If
cumulative catch is within 150 mt of the annual limit, the trip limit
would be 3 mt.
<bullet> July-September: If cumulative catch is within 300 mt of
the annual limit, the trip limit would be 20 mt. If cumulative catch is
within 200 mt of the annual limit, the trip limit would be 10 mt. If
cumulative catch is within 140 mt of the annual limit, the trip limit
would be 3 mt.
<bullet> October-December: If cumulative catch is within 250 mt of
the annual limit, the trip limit would be 20 mt. If cumulative catch is
within 100 mt of the annual limit, the trip limit would be 3 mt.
If the annual limit is between 400 mt and 524 mt, the initial trip
limit would be 20 mt, and the trip limit would be reduced as follows:
<bullet> January-June: If cumulative catch is within 300 mt of the
annual limit, the trip limit would be 15 mt. If cumulative catch is
within 200 mt of the annual limit, the trip limit would be 3 mt.
<bullet> July-September: If cumulative catch is within 250 mt of
the annual limit, the trip limit would be 15 mt. If cumulative catch is
within 150 mt of the annual limit, the trip limit would be 3 mt.
<bullet> October-December: If cumulative catch is within 200 mt of
the annual limit, the trip limit would be 15 mt. If catch is within 100
mt of the annual limit, the trip limit would be 3 mt.
If the annual limit is between 297-399 mt, the initial trip limit
would 15 mt, and the trip limit would be reduced as follows:
<bullet> January-June: If cumulative catch is within 220 mt of the
annual limit, the trip limit would be 3 mt.
<bullet> July-September: If cumulative catch is within 200 mt of
the annual limit, the trip limit would be 3 mt.
<bullet> October-December: If cumulative catch is within 100 mt of
the annual limit, the trip limit would be 3 mt.
If the annual limit is 296 mt or less, the trip limit would 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 proposed rule, e-tickets would be required to be submitted within
24 hours if any Pacific bluefin tuna is included in a landing into
California. This accelerated submission deadline would be required in
order to better monitor catch limits.
NMFS would 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 would
then make decisions on in-season actions based on those estimates. NMFS
would encourage 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 would be
effective upon the time and date that would appear in a notice on the
NMFS website (<a href="https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status">https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status</a>). In-season
actions would also be announced over a USCG Notice to Mariners
broadcast three times per day for 4 days on USCG channel 16 VHF. NMFS
would then publish a notice of the reduced trip limit in the Federal
Register as soon as practicable.
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 would be imposed by NMFS using the
in-season action procedures described previously.
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), NMFS would prohibit U.S. commercial fishing
vessels 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 would provide a notice on
the NMFS website and the USCG would provide a Notice to Mariners three
times per day for 4 days on USCG channel 16 VHF announcing that
targeting, retaining, transshipping or landing of Pacific bluefin tuna
captured in the Convention Area will be prohibited on a specified
effective time and date through the end of that calendar year. Upon
that effective date, a commercial fishing vessel of the United States
could 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 could be retained on board, transshipped, and/or landed within 14
days of the effective date, to the extent authorized by applicable laws
and regulations. NMFS would then publish a notice of the fishery
closure in the Federal Register as soon as practicable. 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 to increase the trip limit or re-open the fishery after
landing receipts have been received and the landed catch quantity
confirmed. NMFS would announce these actions on the NMFS website and by
USCG Notice to Mariners on USCG channel 16 VHF.
Catch Reporting
NMFS would continue to provide updates on Pacific bluefin tuna
catches in the Convention Area to the public via the NMFS website:
<a href="https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status">https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status</a>. NMFS would 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.
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
[[Page 12413]]
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 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 5-9 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
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Number of Ex-vessel
Year vessels Landings (mt) revenue
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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
----------------------------------------------------------------------------------------------------------------
* 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.
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. In the few years
prior to implementing a trip limit in 2015 (i.e., 2011-2014), 9 of 13
(i.e., 69 percent) of trips conducted by purse seine vessels landing
Pacific bluefin tuna exceeded 30 mt; all exceeded 20 mt. For 2015-2017,
during which NMFS implemented a 25-mt trip limit, average catch per
trip was 14.2 mt; 23 of 61 trips (i.e., 38 percent) exceeded 20 mt, and
56 percent exceeded 15 mt. During 2018, NMFS imposed a 1-mt trip limit
throughout the entire calendar year applicable to all U.S. commercial
fishing vessels, except for drift gillnet, which was subject to a 2 mt
trip limit, and purse seine vessels very likely did not target Pacific
bluefin tuna. During 2019-2020, during which NMFS implemented a 15-mt
trip limit, the average catch per trip was 9.8 mt; 19 of 35 trips
(i.e., 54 percent) exceeded 10 mt. Vessels meeting the trip limit
before completion of a trip or fishing after the trip limit is reduced
to 2 mt will likely shift their focus and target other species, such as
yellowfin tuna, if available, or coastal pelagic species. This proposed
rule is not expected to impose any direct regulatory costs on pelagic
purse seine vessels, although vessels would face indirect operational
costs if they approach the trip limits or the total catch approaches
the annual limit. Because this proposed rule is expected to affect
about one- to two-thirds of trips (depending on the initial trip limit
as well as whether the trip limit has been reduced) of a fishery that
accounts for about two percent of annual revenues, there is not
expected to be a significant negative impact to profitability. 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 tuna, worth approximately $487,300. Of these landings, only one
trip out of approximately 1,700 over five years exceeded 3 mt of
incidental Pacific bluefin tuna catch, and two additional trips were
within 25 percent of the limit. The three vessels that took these trips
close to or in excess of the 3 mt limit would be most likely to be
impacted by this proposed rule; however, these trips represented less
than 1 percent of these vessels' average annual revenue from all
species. Furthermore, the proposed rule would increase the lower trip
limit from 2 mt to 3 mt to account for a potential increase in
incidental catches per trip. As a result, it is anticipated that the
proposed reduced trip limits will not
[[Page 12414]]
have a significant impact on these vessels. 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. This could result in a greater
conservation benefit for the overfished Pacific bluefin stock.
Although there are no disproportionate impacts between small and
large business entities because all affected business entities are
small, the impacts among the different types of vessel business
entities will be different. Implementation of the reduced trip limit
for an entire calendar year in this proposed action would impose a
greater economic impact on the U.S. coastal purse seine fleet. Prior to
the implementation of a 25-mt trip limit in 2015, these vessels landed
an average of 41 mt per trip, and were capable of landing over 70 mt in
a single trip (based on landings from purse seine vessels landing
Pacific bluefin tuna in the EPO from 2011-2014). It is possible that
the affected vessels will not target Pacific bluefin tuna if the trip
limit is 3 mt or less; however, as observed in 2018 while the trip
limit was restricted to 1 mt for purse seine vessels, some purse seine
vessels did land Pacific bluefin tuna in small quantities. A total of
523 mt is available to U.S. vessels in 2022, and 1,017 mt in 2023-2024
for both years, combined.
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. Because each affected vessel is a small
business, there are no disproportional affects to small versus large
entities. 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 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 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: February 25, 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).
* * * * *
0
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:
----------------------------------------------------------------------------------------------------------------
And NMFS anticipates the
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:
[[Page 12415]]
----------------------------------------------------------------------------------------------------------------
And NMFS anticipates the
If the time of year is . . . cumulative catch will be . . Then the trip limit will be
. . . .
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
(i) 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 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............................ 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 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............................ 220 3
(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), (g)(4) and (g)(5) of this section
are expected to be reached, NMFS will close the fishery effective upon
the date provided in the actual notice, in accordance with paragraph
(g)(7) of this section. Upon the effective date in the actual 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 actual notice from posting on the National Marine
Fisheries West Coast Region website (<a href="https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status">https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status</a>) and a
[[Page 12416]]
United States Coast Guard Notice to Mariners. The Notice to Mariners
will be broadcast three times daily for four days. This action will
also be published in the Federal Register as soon as practicable. In-
season actions will be effective from the time specified in the actual
notice of the action (i.e., website posting and United States Coast
Guard Notice to Mariners), or at the time the in-season action
published in the Federal Register is effective, whichever comes first.
(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 actual 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. 2022-04434 Filed 3-3-22; 8:45 am]
BILLING CODE 3510-22-P
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