[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13203-13205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06148]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170925942-8250-02]
RIN 0648-BH30


International Fisheries; Pacific Tuna Fisheries; Revised 2018 
Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern 
Pacific Ocean; 2018 Catch Limit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule and notice of availability of a final supplemental 
environmental assessment (EA).

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SUMMARY: The National Marine Fisheries Service is issuing regulations 
under the Tuna Conventions Act to revise trip limits on the commercial 
catch of Pacific bluefin tuna applicable to 2018. U.S. commercial 
fishing vessels are subject to a biennial limit for 2017 and 2018, and 
the catch limit in 2018 is 114 metric tons (mt). To avoid exceeding the 
biennial limit, NMFS is imposing a 1-mt trip limit--except for large-
mesh drift gillnet vessels, which would be subject to a 2-mt trip 
limit--throughout 2018 or until the 2018 catch limit is reached and the 
fishery is closed. This action is necessary for the United States to 
satisfy its obligations as a member of the Inter-American Tropical Tuna 
Commission. This document also announces the availability of a final 
supplemental Environmental Assessment that analyzed the environmental 
impacts of imposing a reduced trip limit.

DATES: The final rule is effective April 27, 2018.

ADDRESSES: Copies of the supplemental Environmental Assessment and 
other supporting documents are available via the Federal eRulemaking 
Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0128, or 
contact the Highly Migratory Species Branch Chief, Heidi Taylor, 501 W. 
Ocean Blvd., Suite 4200, Long Beach, CA 90802, or 
[email protected].

FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 
[email protected], 562-432-1850.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2017, NMFS published a proposed rule in the Federal 
Register (82 FR 57699) to revise regulations at 50 CFR part 300, 
subpart C, for the commercial catch of Pacific bluefin tuna applicable 
to U.S. commercial vessels in 2018. The public comment period was open 
until January 8, 2018.
    This final rule is implemented under the authority of the Tuna 
Conventions Act (16 U.S.C. 951 et seq.), which directs the Secretary of 
Commerce, after approval by the Secretary of State, to promulgate 
regulations as may be necessary to implement resolutions adopted by the 
Inter-American Tropical Tuna Commission (IATTC). This authority has 
been delegated to the National Marine Fisheries Service (NMFS).
    The proposed rule contains additional background information, 
including information on the IATTC, the international obligations of 
the United States as a member of the IATTC, and the need for 
regulations. Public comments received are addressed below. The 
regulatory text in this final rule is unchanged from the regulatory 
text of the proposed rule.

[[Page 13204]]

New Regulations for 2018

    This final rule revises the trip limits for U.S. commercial vessels 
that catch Pacific bluefin tuna in the Convention Area (defined as the 
area bounded by the coast of the Americas, the 50[deg] N and 50[deg] S 
parallels, the 150[deg] W meridian, and the waters of the eastern 
Pacific Ocean (EPO)) for 2018. A 1-metric ton (mt) trip limit 
applicable to all U.S. commercial vessels except large-mesh drift 
gillnet vessels and a 2-mt trip limit applicable to large-mesh drift 
gillnet vessels will be in effect in 2018 or until the fishery is 
closed. When the 2018 catch limit of 114 mt is reached, the fishery 
shall be closed through the end of the 2018 calendar year.
    When NMFS determines that the catch limit is expected to be reached 
in 2018 (based on landings receipts, data submitted in logbooks, and 
other available fishery information), it will prohibit commercial 
fishing for, or retention of, Pacific bluefin tuna for the remainder of 
the calendar year. NMFS will publish a notice in the Federal Register 
announcing that the targeting, retaining, transshipping, or landing of 
Pacific bluefin tuna will be prohibited on a specified effective date 
through the end of that calendar year. Upon that effective date, a 
commercial fishing vessel of the United States may not be used to 
target, retain on board, transship, or land Pacific bluefin tuna 
captured in the Convention Area during the period specified in the 
announcement; however, any Pacific bluefin tuna already on board a 
fishing vessel on the effective date may be retained on board, 
transshipped, and/or landed, to the extent authorized by applicable 
laws and regulations, provided that they are landed within 14 days 
after the effective date.

Catch Monitoring

    NMFS will provide updates on Pacific bluefin tuna catch in the 
Convention Area to the public via the IATTC listserv and the West Coast 
Region website: http://www.westcoast.fisheries.noaa.gov/fisheries/migratory_species/bluefin_tuna_harvest_status.html. Additionally, NMFS 
will report preliminary estimates of Pacific bluefin tuna catch more 
frequently than monthly intervals if and when commercial catch 
approaches the limit to allow participants in the U.S. commercial 
fishery plan for the possibility of a fishery closure.

Public Comments and Responses

    NMFS received five written comments during the 30-day public 
comment period on the proposed rule that closed on January 8, 2018. Two 
comments expressed support for the measures. Another two comments urged 
a 5-mt trip limit when PBF is landed with yellowfin tuna (YFT) and the 
majority of the landing consists of YFT. These commenters asserted that 
more than 1 mt of PBF is often caught incidentally in individual purse 
seine sets that are targeting YFT. However, NMFS does not have data 
that confirms the assertion that purse seine vessels harvest between 1 
and 5 mt of PBF in sets that are targeting YFT. NMFS will attempt to 
obtain this data and consider this request in the future management of 
PBF, if appropriate. Furthermore, these commenters also suggested the 
rule would have a significant economic impact for purposes of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., contrary to the 
agency's conclusion. However, available data used in the analysis do 
not support this position. As stated in the Classification section of 
the proposed rule, ``the value of Pacific bluefin tuna in coastal 
pelagic purse seine fishery [including as incidental catch on trips 
targeting yellowfin] from 2006-2015 . . . is negligible relative to the 
fleet's annual revenue resulting from other species.'' Additionally, 
this rule will apply only to 2018, so the impacts from this rule for 
affected entities will be limited to one year. Managers will continue 
to assess the relative importance of the PBF fishery to the fleet's 
portfolio, along with conservation and other management priorities, in 
future decision-making.
    A fifth commenter suggested a 2-mt trip limit for all gear-types 
and proposed a phased approach in which, as the annual limit is neared, 
the trip limit gets reduced to 1 mt and then 0.5 mt. However, because 
processors in California are not required to submit landing receipts 
until 15 days after a landing, depending on the date of the landing, 
NMFS may not have adequate time to reduce the trip limits on time if 
the catch rate is increased to 2-mt per trip. Furthermore, the proposed 
trip limits are designed to be large enough to avoid regulatory 
discards throughout the year, but a 1-mt trip limit would increase the 
likelihood of regulatory discards for drift gillnet vessels and 0.5-mt 
trip limit would likely result in regulatory discards for other gear-
types as well.

Classification

    After consulting with the Department of State and the United States 
Coast Guard, the NMFS Assistant Administrator has determined that this 
rule is consistent with the Tuna Conventions Act and other applicable 
laws.
    This rule was determined to be not significant for purposes of 
Executive Order 12866.
    Although there are no new collection-of-information requirements 
associated with this action that are subject to the Paperwork Reduction 
Act, existing collection-of-information requirements associated with 
the Fishery Management Plan for U.S. West Coast Fisheries for Highly 
Migratory Species still apply. These requirements have been approved by 
the Office of Management and Budget under Control Number 0648-0204. 
Notwithstanding any other provision of the law, no person is required 
to respond to, and no person shall be subject to 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.
    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. NMFS received two comments on the certification and 
they are addressed above under the Public Comments and Responses 
section. No information received during the public comment period 
changes 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.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: March 22, 2018.
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:

[[Page 13205]]

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.


0
2. In Sec.  300.25, revise paragraph (g)(3) to read as follows:


Sec.  300.25   Fisheries management.

* * * * *
    (g) * * *
    (3) In 2018, a 1 metric ton trip limit will be in effect, except 
for vessels using large-mesh (14 inch or greater stretched mesh) drift 
gillnet gear. In 2018, a 2 metric ton trip limit will be in effect for 
vessels using large-mesh drift gillnet gear.
* * * * *
[FR Doc. 2018-06148 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-22-P