Rule2022-20487
International Fisheries; Pacific Tuna Fisheries; 2022 Commercial Pacific Bluefin Tuna Trip Limit in the Eastern Pacific Ocean
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 22, 2022
Effective
September 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is announcing that the Pacific bluefin tuna (PBF) trip limit applicable to U.S. commercial fishing vessels in the eastern Pacific Ocean (EPO) is 3 metric tons (mt). This action is necessary to inform fishery participants of the trip limit established in a final rule published on August 5, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 183 (Thursday, September 22, 2022)</title>
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[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57838-57839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20487]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220801-0167]
RIN 0648-XC401
International Fisheries; Pacific Tuna Fisheries; 2022 Commercial
Pacific Bluefin Tuna Trip Limit in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason action.
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SUMMARY: NMFS is announcing that the Pacific bluefin tuna (PBF) trip
limit applicable to U.S. commercial fishing vessels in the eastern
Pacific Ocean (EPO) is 3 metric tons (mt). This action is necessary to
inform fishery participants of the trip limit established in a final
rule published on August 5, 2022.
DATES: The rule is effective 12 a.m. local time September 19, 2022,
through 11:59 p.m. local time December 31, 2022, or until the fishery
is closed.
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS West Coast Region,
562-432-1850.
[[Page 57839]]
SUPPLEMENTARY INFORMATION: 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). The IATTC Convention Area, as amended
by the Antigua Convention, includes the waters of the EPO bounded by
the coast of the Americas, the 50[deg] N and 50[deg] S parallels, and
the 150[deg] W meridian.
Fishing for Pacific bluefin tuna in the EPO is managed, in part,
under the Tuna Conventions Act of 1950, as amended (Act), 16 U.S.C. 951
et seq. Under the Act, NMFS must publish regulations to carry out
recommendations of the IATTC that have been approved by the Department
of State. Regulations governing fishing by U.S. vessels in accordance
with the Act appear at 50 CFR part 300, subpart C. These regulations
implement IATTC recommendations for the conservation and management of
highly migratory fish resources in the EPO.
On August 5, 2022, the National Marine Fisheries Service (NMFS)
published a final rule (87 FR 47939) implementing IATTC Resolution C-
21-05 (Measures for the Conservation and Management of Pacific Bluefin
Tuna in the Eastern Pacific Ocean). This rule established catch and
trip limits for PBF caught by U.S. commercial fishing vessels in the
EPO for 2022-2024. In 2022, the catch limit is 523 mt. Under the rule,
in 2022, the fishery is subject to an initial trip limit of 20 mt that
reduces throughout the year as catch thresholds are met. Specifically,
during July-September of 2022 when cumulative catches are estimated to
reach 325 mt, the trip limit will be reduced to 3 mt. This 3 mt trip
limit will remain in effect until cumulative catches reach 523 mt
(i.e., the annual limit), at which time the fishery will be closed for
the remainder of the calendar year.
Based on landings data and other information available as of
September 14, 2022, preliminary estimates indicate that 262 mt of PBF
has been caught by U.S. commercial vessels and NMFS estimates that 325
mt will be caught by publication of this notice. Therefore, in
accordance with 50 CFR 300.25(g)(3)(ii), a 3 mt trip limit will be
applied to the U.S. commercial fishing vessels in the EPO until the
next threshold to reduce the trip limit is met or until the fishery is
closed. Notice of this inseason action that reduces the trip limit has
also been 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>.
Classification
NOAA's Assistant Administrator (AA) for NMFS finds that good cause
exists for this notification to be issued without affording prior
notice and opportunity for public comment under 5 U.S.C. 553(b)(B)
because such notification would be impracticable and contrary to the
public interest. This action complies with the requirements of the
management measures for the commercial Pacific bluefin tuna fishery (87
FR 47939, August 5, 2022) and implementing regulations under 50 CFR
300.25. Prior notice and opportunity for public comment was
impracticable and contrary to the public interest because NMFS had
insufficient time to provide for prior notice and the opportunity for
public comment between the time catch was estimated and the time the
fishery modifications had to be implemented in order to ensure that the
thresholds to reduce trip limits in accordance with 50 CFR 300.25 were
not exceeded. Delaying the action to engage in notice-and-comment
rulemaking would prevent NMFS from lowering the trip limit as
contemplated under current management measures, which are intended to
ensure the U.S. fleet does not exceed its annual catch limit and
thereby does not contribute to overharvest of the stock. As previously
noted, notification of the regulatory action was also provided to
fishermen through posting on the NMFS website. The AA also finds good
cause to waive the 30-day delay in effectiveness required under 5
U.S.C. 553(d)(3), as a delay in effectiveness of this action would
allow fishing at levels inconsistent with the goals of the current
management measures.
This action is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 951 et seq.
Dated: September 16, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-20487 Filed 9-19-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 22, 2022.
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