[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57838-57839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 220801-0167]
RIN 0648-XC401


International Fisheries; Pacific Tuna Fisheries; 2022 Commercial 
Pacific Bluefin Tuna Trip Limit in the Eastern Pacific Ocean

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

ACTION: Temporary rule; inseason action.

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SUMMARY: NMFS is announcing that the Pacific bluefin tuna (PBF) trip 
limit applicable to U.S. commercial fishing vessels in the eastern 
Pacific Ocean (EPO) is 3 metric tons (mt). This action is necessary to 
inform fishery participants of the trip limit established in a final 
rule published on August 5, 2022.

DATES: The rule is effective 12 a.m. local time September 19, 2022, 
through 11:59 p.m. local time December 31, 2022, or until the fishery 
is closed.

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

[[Page 57839]]


SUPPLEMENTARY INFORMATION: 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). The IATTC Convention Area, as amended 
by the Antigua Convention, includes the waters of the EPO bounded by 
the coast of the Americas, the 50[deg] N and 50[deg] S parallels, and 
the 150[deg] W meridian.
    Fishing for Pacific bluefin tuna in the EPO is managed, in part, 
under the Tuna Conventions Act of 1950, as amended (Act), 16 U.S.C. 951 
et seq. Under the Act, NMFS must publish regulations to carry out 
recommendations of the IATTC that have been approved by the Department 
of State. Regulations governing fishing by U.S. vessels in accordance 
with the Act appear at 50 CFR part 300, subpart C. These regulations 
implement IATTC recommendations for the conservation and management of 
highly migratory fish resources in the EPO.
    On August 5, 2022, the National Marine Fisheries Service (NMFS) 
published a final rule (87 FR 47939) implementing IATTC Resolution C-
21-05 (Measures for the Conservation and Management of Pacific Bluefin 
Tuna in the Eastern Pacific Ocean). This rule established catch and 
trip limits for PBF caught by U.S. commercial fishing vessels in the 
EPO for 2022-2024. In 2022, the catch limit is 523 mt. Under the rule, 
in 2022, the fishery is subject to an initial trip limit of 20 mt that 
reduces throughout the year as catch thresholds are met. Specifically, 
during July-September of 2022 when cumulative catches are estimated to 
reach 325 mt, the trip limit will be reduced to 3 mt. This 3 mt trip 
limit will remain in effect until cumulative catches reach 523 mt 
(i.e., the annual limit), at which time the fishery will be closed for 
the remainder of the calendar year.
    Based on landings data and other information available as of 
September 14, 2022, preliminary estimates indicate that 262 mt of PBF 
has been caught by U.S. commercial vessels and NMFS estimates that 325 
mt will be caught by publication of this notice. Therefore, in 
accordance with 50 CFR 300.25(g)(3)(ii), a 3 mt trip limit will be 
applied to the U.S. commercial fishing vessels in the EPO until the 
next threshold to reduce the trip limit is met or until the fishery is 
closed. Notice of this inseason action that reduces the trip limit has 
also been posted on the NMFS website: https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status.

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 and contrary to the 
public interest. This action complies with the requirements of the 
management measures for the commercial Pacific bluefin tuna fishery (87 
FR 47939, August 5, 2022) and implementing regulations under 50 CFR 
300.25. Prior notice and opportunity for public comment was 
impracticable and contrary to the public interest 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 
thresholds to reduce trip limits in accordance with 50 CFR 300.25 were 
not exceeded. Delaying the action to engage in notice-and-comment 
rulemaking would prevent NMFS from lowering the trip limit as 
contemplated under current management measures, which are intended to 
ensure the U.S. fleet does not exceed its annual catch limit and 
thereby does not contribute to overharvest of the stock. As previously 
noted, notification of the regulatory action was also provided to 
fishermen through posting on the NMFS website. 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 exempt from review under Executive Order 12866.

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

    Dated: September 16, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-20487 Filed 9-19-22; 4:15 pm]
BILLING CODE 3510-22-P