Proposed Rule2022-25251
International Fisheries; Pacific Tuna Fisheries; 2022-2024 In-Season Action Announcement Procedures for Commercial Pacific Bluefin Tuna in the Eastern Pacific Ocean
Primary source
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Published
November 21, 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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 223 (Monday, November 21, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<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-2022-0106'' 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-2022-0106'' 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 <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 e-Rulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#500713027e181d03103e3f31317e373f26"><span class="__cf_email__" data-cfemail="37607465197f7a64775958565619505841">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 562-432-1850,
<a href="/cdn-cgi/l/email-protection#9ad9fff6f3fbb4d8fbe8e8f5e9f5daf4f5fbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="d695b3babfb7f894b7a4a4b9a5b996b8b9b7b7f8b1b9a0">[email protected]</span></a>.
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 <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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[[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 <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 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\
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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
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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.
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\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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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 (<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>) 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]
BILLING CODE 3510-22-P
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