[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Rules and Regulations]
[Page 6101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01329]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180716667-9383-02; RTID 0648-XW017]


International Fisheries; Pacific Fisheries; 2019 Commercial 
Pacific Bluefin Tuna Inseason Actions; Notice of Commercial Pacific 
Bluefin Tuna 2020 Catch Limit

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

ACTION: Announcements of 2019 trip limit modifications and 2020 catch 
limit.

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SUMMARY: NMFS took two inseason actions in the commercial Pacific 
bluefin tuna fishery in 2019. On August 4, 2019, the commercial Pacific 
bluefin tuna trip limit was reduced to two metric tons (mt). On August 
11, the commercial Pacific bluefin tuna trip limit was increased to 15 
mt. Additionally, NMFS is using this notice to announce the Pacific 
bluefin tuna catch limit for U.S. commercial fishing vessels for 2020, 
which is 356 mt.

DATES: Inseason Action #1 was effective at 6 a.m. Pacific Daylight Time 
(PDT) on August 4, 2019. Inseason Action #2 was effective at 12 a.m. 
PDT on August 11, 2019. The 2020 catch limit is effective January 1, 
2020, through December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, West Coast 
Region, 562-432-1850.

SUPPLEMENTARY INFORMATION: 

Background

    On May 1, 2019, NMFS published a final rule establishing trip and 
catch limits for the commercial Pacific bluefin tuna fishery (84 FR 
18409). The rule established a 630 mt biennial limit for 2019 and 2020, 
combined, not to exceed 425 mt in a single year. NMFS estimates that 
274 mt was caught in 2019; consequently, the commercial Pacific bluefin 
tuna catch limit for 2020 is 356 mt. The rule also established a 15-mt 
trip limit until catch was within or expected to be within 50 mt of the 
annual limit, at which time the trip limit would be reduced, through 
inseason action, to two mt. In other words, the trip limit is reduced 
to two mt when NMFS anticipates that the Pacific bluefin tuna harvest 
level reaches 375 mt (based on rules and assumptions set forth in the 
final rulemaking, including pre-trip notifications and catch 
information). Any inseason action would be in effect on the date and 
time posted on the NMFS website, immediately followed up by a notice to 
mariners by the U.S. Coast Guard, and when practicable, publication in 
the Federal Register. If inseason action was taken prematurely, NMFS 
could reverse the action using the same inseason action process 
described above. This Federal Register notice announces two inseason 
actions taken in 2019 and the 2020 catch limit.

Inseason Actions

    Inseason Action #1: At 6 a.m. PDT on August 4, 2019, in 
anticipation of the Pacific bluefin tuna harvest level reaching 375 mt, 
the commercial Pacific bluefin tuna trip limit was reduced to two mt.
    Inseason Action #2: At 12 a.m. PDT on August 11, 2019, NMFS 
increased the commercial Pacific bluefin tuna trip limit to 15 mt. NMFS 
evaluated all available information on catches and estimated that 236 
mt of commercially-caught Pacific bluefin tuna had been caught to date; 
consequently, NMFS determined Inseason Action #1 to reduce the trip 
limit was premature. In accordance with the 2019-2020 regulations, NMFS 
increased the trip limit again.

2020 Catch Limit

    The commercial Pacific bluefin tuna catch limit for 2020 is 356 mt 
based on the factors described under Background.

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. As previously noted, 
actual notice of the regulatory action was provided to fishermen 
through posting on the website, and followed up with radio 
notification. This action complies with the requirements of the annual 
management measures for the commercial Pacific bluefin tuna fishery (84 
FR 18409, May 1, 2019) and implementing regulations under 50 CFR 
300.25. Prior notice and opportunity for public comment was 
impracticable 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 catch limits were not exceeded. 
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 authorized by 50 CFR 300.25 and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 951 et seq.

    Dated: January 22, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-01329 Filed 2-3-20; 8:45 am]
 BILLING CODE 3510-22-P