Rule2023-01447
International Fisheries; Pacific Tuna Fisheries; 2022-2024 In-Season Action Announcement Procedures for Commercial Pacific Bluefin Tuna 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
January 27, 2023
Effective
February 27, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is issuing 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 final rule amends procedures to add notice of in-season action by direct emails to the affected public in addition to publication in the Federal Register. In-season actions will be effective upon the earlier of either receipt of the notice by email or publication of the notice in the Federal Register. In-season actions will also be posted on the NMFS website. This rule adds 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 notice 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 88 Issue 18 (Friday, January 27, 2023)</title>
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[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Rules and Regulations]
[Pages 5273-5274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01447]
[[Page 5273]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230119-0019]
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: Final rule.
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SUMMARY: NMFS is issuing 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
final rule amends procedures to add notice of in-season action by
direct emails to the affected public in addition to publication in the
Federal Register. In-season actions will be effective upon the earlier
of either receipt of the notice by email or publication of the notice
in the Federal Register. In-season actions will also be posted on the
NMFS website. This rule adds 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 notice 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: This rule is effective February 27, 2023.
ADDRESSES: Copies of the draft Regulatory Impact Review (RIR) and other
supporting documents are available via the Federal eRulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, NOAA-NMFS-2022-0106 or contact the Acting
Highly Migratory Species Branch Chief, Rachael Wadsworth, 501 W Ocean
Blvd., Suite 4200, Long Beach, CA 90802, or <a href="/cdn-cgi/l/email-protection#46110514680e0b15062829272768212930"><span class="__cf_email__" data-cfemail="eabda9b8c4a2a7b9aa84858b8bc48d859c">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 562-432-1850,
<a href="/cdn-cgi/l/email-protection#9fdcfaf3f6feb1ddfeededf0ecf0dff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="d596b0b9bcb4fb97b4a7a7baa6ba95bbbab4b4fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On November 21, 2022, NMFS published a proposed rule in the Federal
Register to revise regulations at 50 CFR part 300, subpart C, amending
in-season action announcement procedures for Pacific bluefin tuna in
the Inter-American Tropical Tuna Commission (IATTC) Convention Area
(Convention Area) for 2022-2024 (87 FR 70766). The Convention Area is
defined as waters of the eastern Pacific Ocean (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 comment period was
open for 15 days. NMFS received one public comment on the proposed
rule, which voiced general support for management actions to conserve
Pacific bluefin tuna.
This final rule is implemented under the authority of the TCA (16
U.S.C. 951 et seq.), which directs the Secretary of Commerce, after
approval by the Secretary of State, to promulgate regulations as
necessary to implement resolutions adopted by the IATTC. The Secretary
of Commerce has delegated this authority to NMFS.
Additional background information on the IATTC, the international
obligations of the United States as a member of the IATTC, and the need
for regulations to manage the Pacific Bluefin tuna stock was included
in the proposed rule and is not repeated in this rule.
New Regulations for In-Season Action Announcements for Commercial
Pacific Bluefin Tuna for 2022-2024
NMFS is revising 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 notice by direct email to the affected public. In-season
actions will still be published in the Federal Register and will also
appear on the NMFS website. In-season actions will be effective upon
the time and date that will appear in the earlier of either receipt by
notice in a direct email or publication in the Federal Register. In
accordance with an August 5, 2022, final rule implementing commercial
catch and trip limits for Pacific bluefin tuna (87 FR 47939), in the
event the trip limit was reduced early or the fishery was closed due to
an overestimation of catch, NMFS will reverse immediately the prior in-
season action using the same procedures outlined above.
This final rule will 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 updated trip limit in the
Convention Area will be prohibited. To avoid regulatory discards, that
prohibition will include an exception to allow any Pacific bluefin tuna
already on board a fishing vessel on the effective date of the notice
of 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 final
rule is consistent with the Tuna Conventions Act and other applicable
laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Economic Analysis
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that, for purposes of the
Regulatory Flexibility Act, this action would not have a significant
economic impact on a substantial number of small entities. The factual
basis for the certification was published in the proposed rule and is
not repeated here. No information received during the public comment
period changes the action from the proposed rule or NMFS' analysis.
Therefore, the initial certification published with the proposed rule--
that this rule is not expected to have a significant economic impact on
a substantial number of small entities--remains unchanged. As a result,
a regulatory flexibility analysis was not required and none was
prepared.
Paperwork Reduction Act
This final 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: January 19, 2023.
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 amended
as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Eastern Pacific Tuna Fisheries
0
1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
[[Page 5274]]
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 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), 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 notice, to the extent authorized by
applicable laws and regulations. After NMFS determines that the annual
catch limits under paragraphs (g)(3) through (5) are expected to be
reached, NMFS will close the fishery effective upon the date provided
in the notification in accordance with paragraph (g)(7). 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 notice 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 notice on the NMFS web page announcing the in-
season action, including effective dates. NMFS will also send emails
with notice 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 receipt by email of such notice or publication in the Federal
Register.
* * * * *
[FR Doc. 2023-01447 Filed 1-26-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 27, 2023.
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