Rule2025-07797
International Fisheries; Pacific Tuna Fisheries; 2025-2026 Commercial Fishing Restrictions for 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
May 6, 2025
Effective
June 5, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is issuing regulations under the Tuna Conventions Act of 1950, as amended, to implement Inter-American Tropical Tuna Commission (IATTC) Resolution C-24-02 (Measures for the Conservation and Management of Bluefin Tuna in the Eastern Pacific Ocean) adopted by the IATTC in September 2024. This rule implements annual catch and trip limits on United States commercial catch of Pacific bluefin tuna (Thunnus orientalis; PBF) in the eastern Pacific Ocean (EPO) for 2025- 2026. This action is necessary to conserve PBF and for the United States to satisfy its obligations as a member of the IATTC. NMFS prepared an Environmental Assessment and Finding of No Significant Impact for this action.
Full Text
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<title>Federal Register, Volume 90 Issue 86 (Tuesday, May 6, 2025)</title>
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[Federal Register Volume 90, Number 86 (Tuesday, May 6, 2025)]
[Rules and Regulations]
[Pages 19126-19129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07797]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 250430-0075]
RIN 0648-BN29
International Fisheries; Pacific Tuna Fisheries; 2025-2026
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: Final rule.
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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act of
1950, as amended, to implement Inter-American Tropical Tuna Commission
(IATTC) Resolution C-24-02 (Measures for the Conservation and
Management of Bluefin Tuna in the Eastern Pacific Ocean) adopted by the
IATTC in September 2024. This rule implements annual catch and trip
limits on United States commercial catch of Pacific bluefin tuna
(Thunnus orientalis; PBF) in the eastern Pacific Ocean (EPO) for 2025-
2026. This action is necessary to conserve PBF and for the United
States to satisfy its obligations as a member of the IATTC. NMFS
prepared an Environmental Assessment and Finding of No Significant
Impact for this action.
DATES: This rule is effective June 5, 2025.
ADDRESSES: Copies of supporting documents that were prepared for the
proposed rule, including the Environmental Assessment, Finding of No
Significant Impact, and Regulatory Impact Review, are available via the
Federal e-Rulemaking Portal: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0146">https://www.regulations.gov/docket/NOAA-NMFS-2024-0146</a>.
FOR FURTHER INFORMATION CONTACT: Karter Harmon, NMFS, (562) 833-8324,
<a href="/cdn-cgi/l/email-protection#9cd7fdeee8f9eeb2d4fdeef1f3f2dcf2f3fdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="501b31222435227e1831223d3f3e103e3f31317e373f26">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 30, 2024, NMFS published a
proposed rule in the Federal Register (89 FR 106400) to implement
Resolution C-24-02 (Measures for the Conservation and Management of
Bluefin Tuna in the Eastern Pacific Ocean) adopted by the IATTC in
September 2024. The proposed rule contains additional background
information, including information on the IATTC and its Convention
Area, the international obligations of the United States as an IATTC
member, and the need for regulations. The 30-day public comment period
for the proposed rule closed on January 29, 2025. NMFS received no
comments on the proposed rule or supporting documents.
IATTC PBT Resolutions
The IATTC has adopted PBF catch limits in the IATTC Convention Area
since 2012. The IATTC 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. 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), Resolution C-20-02 (86 FR
16303, March 29, 2021), and Resolution C-21-05 (87 FR 47939, August 05,
2022).
At its 102nd Meeting in September 2024, the IATTC adopted
Resolution C-24-02, which establishes catch limits consistent with the
2024 Joint IATTC-NC Working Group on Pacific Bluefin Tuna Management
(JWG) recommendation and contains catch increases for the United
States. The 2025-2026 biennial catch limit for the United States
established in C-24-02 was 1,822 mt, not to exceed 1,285 mt in any one
year. The catch and trip limits in this rulemaking represent
approximately an 80 percent increase over the most recent (i.e., 2022-
2024) management regime for the United States (87 FR 47939, August 5,
2022). This is based on a recent 2024 stock assessment and subsequent
NMFS status determinations determining the PBF stock in the EPO is not
experiencing overfishing and is no longer overfished.
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 last biennial catch limit. In
this case, the United States may add up to 5 percent of 1,017 mt (i.e.,
50.85 mt) from 2023-2024 to the 2025-2026 biennial catch limit. From
Pacific Fisheries Information Network reports, U.S. commercial vessels
caught 316.5 mt of PBT in 2023-2024. Therefore, the under-harvest from
the previous biennial catch limit far exceeds 5 percent. NMFS has added
5 percent of the last biennial catch limit (50.85 mt) to the 2025-2026
biennial catch limit. Therefore, the final 2025-2026 biennial catch
limit is 1,872.85 mt.
[[Page 19127]]
Regulations for PBT for 2025-2026
Consistent with recommendations from the Pacific Fishery Management
Council and its advisory bodies, this rule establishes trip limits for
2025 and 2026 while maintaining an adaptive management approach. The
intent behind these trip limits is to encourage U.S. vessel owners and
operators to fully utilize the U.S. catch limit while allowing ample
opportunity for multiple gear types. Trip limits adjust seasonally,
with the intent to ensure a portion of the annual catch limit remains
available to smaller-volume gear types throughout the year. The annual
catch and trip limits are described in detail below.
PBF Management Regime for 2025-2026
The annual catch limit for 2025 is 1,285 mt. The annual catch limit
for 2026 is the total cumulative catch in 2025 subtracted from the
biennial limit, not to exceed 1,285 mt. The initial trip limit for both
2025 and 2026 is 60 mt and adjusts as follows:
January-June:
<bullet> The trip limit decreases to 40 mt if the total catch is
within 400 mt of the annual limit.
<bullet> The trip limit decreases to 5 mt if the total catch is
within 225 mt of the annual limit.
July-September:
<bullet> The trip limit decreases to 40 mt if the catch is within
300 mt of the annual limit.
<bullet> The trip limit decreases to 5 mt if the total catch is
within 175 mt of the annual limit.
October-December:
<bullet> The trip limit decreases to 40 mt if the catch is within
200 mt of the annual limit.
<bullet> The trip limit decreases to 5 mt if the total catch is
within 125 mt of the annual limit.
Under the terms of this rule, NMFS will announce the 2026 annual
limit in a notice published in the Federal Register in January or early
February 2026. This notice will 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>.
Landing Receipt Submission Deadlines
Under California law and regulations, electronic landing receipts
(i.e., e-tickets) for landings in California are required to be
submitted to the California Department of Fish and Wildlife (CDFW)
within 3 business days (see California Fish and Game Code section 8046
and 14 California Code of Regulations sec. 197). Under current Federal
regulations (see 50 CFR 300.25(g)(9)), if landing PBF in California,
fish landing receipts must be submitted within 24 hours to CDFW. This
rule maintains this requirement.
In-Season Action Announcements
Under this rulemaking, NMFS will use available fishery information
(i.e., landing receipts) to estimate when the overall catch is expected
to reach thresholds at which the agency would reduce the trip limit.
NMFS will then make decisions on in-season actions to reduce the trip
limit or close the fishery based on those estimates.
Under current Federal regulations (see 50 CFR 300.25(g)(8)), if an
in-season action taken under paragraphs is based on an 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. This rule
maintains that requirement.
Under current Federal regulations (see 50 CFR 300.25(g)(7)), NMFS
posts a notice on the NMFS website announcing in-season actions to
reduce trip limits or close the fishery (<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 to reduce
trip limits or close the fishery are also announced by email to vessel
owners and published in the Federal Register as soon as practicable.
In-season actions are effective upon the earlier of either receipt by
email of such notice or publication in the Federal Register. This rule
maintains these announcement procedures.
In 2025-2026, if NMFS determines based on landing receipts or other
available information that cumulative catch is expected to meet any of
the thresholds described above, an intermediate or lower trip limit
will be imposed by NMFS using the in-season action procedures described
above. Upon the effective date of an in-season action to change trip
limits, targeting, retaining on board, transshipping, or landing PBF in
the Convention Area in violation of the in-season action will be
prohibited, with the exception that any PBF 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. If NMFS determines in 2025 or 2026
that the annual catch limits are expected to be reached, NMFS will
close the fishery effective upon the date provided in the notification.
The exception allowing any PBF already on board a fishing vessel on the
effective date of the notice to be retained, landed, or transshipped
will apply, provided they are landed or transshipped within 14 days
after the closure date, to the extent authorized by applicable laws and
regulations.
Catch Reporting
Under this rulemaking, NMFS will continue to provide updates on PBF
catches in the IATTC 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 will
update the website as long as 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
annual limits.
Classification
Tuna Conventions Act
The NMFS Assistant Administrator has determined that this rule is
consistent with the Tuna Conventions Act and other applicable laws.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Executive Order 14192
This rule is not an Executive Order 14192 regulatory action because
this action is not significant under Executive Order 12866.
National Environmental Policy Act
In view of the information presented in this document and the
analysis contained in the supporting Environmental Assessment prepared
for the proposed rule, NMFS determined that this action will not
significantly impact the quality of the human environment. The Final
Programmatic Environmental Assessment to Revise U.S. Commercial Fishing
Regulations for Pacific Bluefin Tuna in the Eastern Pacific Ocean, and
the Finding of No Significant Impact are available from NMFS (see
ADDRESSES).
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), 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 this action would not have a
significant economic impact on a substantial number of small entities.
The factual basis for the certification
[[Page 19128]]
was published in the proposed rule (89 FR 106400, December 30, 2024)
and is not repeated here. No comments were received regarding this
certification. As a result, a regulatory flexibility analysis was not
required and none was prepared.
Paperwork Reduction Act
This 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 will continue to
apply under the following OMB Control Number(s): 0648-0778, Reporting
and Notification Requirements in West Coast PBF 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.
Executive Order 13175
NMFS has determined that this action will not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under Executive
Order 13175 is not required, and the requirements of sections (5)(b)
and (5)(c) of Executive Order 13175 also do not apply. A Tribal summary
impact statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of
Executive Order is not required and has not been prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: April 30, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
300 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).
* * * * *
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, reporting requirements, and in-season action procedures--(1)
Biennial catch limit for 2025-2026. The biennial catch limit for 2025-
2026 is 1,872.85 metric tons.
(2) Annual catch and trip limits for 2025. For the calendar year
2025, all commercial fishing vessels of the United States combined may
capture, retain, transship, or land no more than 1,285 metric tons. A
60 mt trip limit will be in effect until the following criteria are
met:
------------------------------------------------------------------------
And NMFS
anticipates Then the trip
If the time of year is . . . cumulative catch limit will be . .
will be . . . .
------------------------------------------------------------------------
(i) January through June........ 885 mt............ 40 mt.
1,060 mt.......... 5 mt.
(ii) July through September..... 985 mt............ 40 mt.
1,110 mt.......... 5 mt.
(iii) October through December.. 1,085 mt.......... 40 mt.
1,160 mt.......... 5 mt.
------------------------------------------------------------------------
(3) Annual catch and trip limits for 2026. For the calendar year
2026, all commercial fishing vessels of the United States combined may
capture, retain, transship, or land no more than the amount caught in
2025 subtracted from the biennial limit, not to exceed 1,285 metric
tons.
(i) If the 2026 catch limit is more than 200 metric tons, a 60-
metric ton trip limit will be in effect until the following criteria
are met:
------------------------------------------------------------------------
And NMFS
anticipates Then the trip
If the time of year is . . . cumulative catch limit will be . .
will be within . . .
.
------------------------------------------------------------------------
(A) January through June........ 400 mt of the 40 mt.
annual limit.
225 mt of the 5 mt.
annual limit.
(B) July through September...... 300 mt of the 40 mt.
annual limit.
175 mt of the 5 mt
annual limit.
(C) October through December.... 200 mt of the 40 mt.
annual limit.
125 mt of the 5 mt.
annual limit.
------------------------------------------------------------------------
(ii) If the 2026 catch limit is 200 metric tons or less, the trip
limit will be 5 metric tons for the entire calendar year.
(4) 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 paragraph (g)(2) or (3) 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)(5) of this section. Upon the
effective date of an in-season action to change trip limits under
paragraph (g)(2) or (3) 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 notice, to the extent authorized by
applicable laws and regulations. After NMFS determines that the annual
catch limits under paragraph (g)(2) or (3) of this section are expected
[[Page 19129]]
to be reached, NMFS will close the fishery effective upon the date
provided in the notification in accordance with paragraph (g)(5) 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 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.
(5) Announcement and effective dates of in-season actions. If in-
season actions under paragraphs (g)(2) through (4) 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 whichever is
earlier: receipt by email of such notice or publication in the Federal
Register.
(6) Reversal of in-season actions. If an in-season action taken
under paragraphs (g)(2) through (5) of this section is based on an
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 notice in accordance
with paragraph (g)(5) of this section.
(7) 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. 2025-07797 Filed 5-5-25; 8:45 am]
BILLING CODE 3510-22-P
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