[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Proposed Rules]
[Pages 70766-70769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25251]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 221110-0238]
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: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing 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 
proposed rule would amend procedures to add notification of in-season 
action by direct emails to the affected public. In-season actions would 
be effective upon the earlier of either receipt of the notification by 
email or publication of the notice in the Federal Register. In-season 
actions would also be posted on the NMFS website. This proposed rule 
would also add 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 notification 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: Comments on the proposed rule and supporting documents must be 
submitted in writing by December 6, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0106, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0106'' in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Celia Barroso, NMFS West 
Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long 
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2022-0106'' in the 
comments.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments received are a part of the public record and 
will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Copies of the draft Regulatory Impact Review (RIR) and other 
supporting documents are available via the Federal e-Rulemaking Portal: 
https://www.regulations.gov, docket NOAA-NMFS-2022-0106 or contact the 
Highly Migratory Species Branch Chief, Lyle Enriquez, 501 W Ocean 
Blvd., Suite 4200, Long Beach, CA 90802, or [email protected].

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

SUPPLEMENTARY INFORMATION:



Background on the IATTC

    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).\1\ The IATTC Convention Area, as amended by the Antigua 
Convention, includes the waters of the eastern Pacific Ocean (EPO) 
bounded by the coast of the Americas, the 50[deg] N and 50[deg] S 
parallels, and the 150[deg] W meridian.
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    \1\ See https://www.iattc.org/PDFFiles/IATTC-Instruments/_English/IATTC_Antigua_Convention%20Jun%202003.pdf.

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[[Page 70767]]

    The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC facilitates scientific research into, as well 
as the conservation and management of, tuna and tuna-like species in 
the Convention Area. The IATTC maintains a scientific research and 
fishery monitoring program, and regularly assesses the status of tuna, 
shark, and billfish stocks in the EPO to determine appropriate catch 
limits and other measures to promote sustainable fisheries and prevent 
overexploitation.

International Obligations of the United States Under the Antigua 
Convention

    As a Party to the Antigua Convention and a member of the IATTC, the 
United States is legally bound to implement decisions of the IATTC. The 
TCA, 16 U.S.C. 951 et seq., directs the Secretary of Commerce, in 
consultation with the Secretary of State and, with respect to 
enforcement measures, the U.S. Coast Guard, to promulgate such 
regulations as may be necessary to carry out the United States' 
obligations under the Antigua Convention, including recommendations and 
decisions adopted by the IATTC. The authority of the Secretary of 
Commerce to promulgate such regulations has been delegated to NMFS.

Recent Pacific Bluefin Tuna Rulemaking

    NMFS recently published a final rule that implemented IATTC 
Resolution C-21-05 (Measures for the Conservation and Management of 
Pacific Bluefin Tuna in the Eastern Pacific Ocean) on commercial catch 
limits for Pacific bluefin tuna (87 FR 47939, August 5, 2022). That 
final rule established biennial and annual catch limits for 2022-2024 
and trip limits on individual fishing vessels that adjust as catch 
thresholds are met throughout each year. That final rule also 
established procedures for announcing in-season actions to reduce the 
trip limit and close the fishery, as necessary (see 50 CFR 
300.25(g)(7)). The procedures for announcing in-season actions 
initially proposed in that rulemaking could not be implemented because 
one component relied on a U.S. Coast Guard (USCG) Broadcast Notice to 
Mariners (BNM), and the USCG determined that announcements of in-season 
actions for the Pacific bluefin tuna fishery was outside of the scope 
of their allowed BNMs. Consequently, that final rule implemented the 
other components of the in-season action announcement procedures 
contained in the proposed rule (i.e., announcing in-season actions via 
a posting on the NMFS website followed by publication in the Federal 
Register as soon as practicable), but the rule removed notification by 
BNM.
    NMFS is soliciting public comment on a revised set of procedures 
for announcing in-season actions that are more consistent with the 
intent behind the original proposed rule implementing the IATTC 
resolution. The intent behind the revised procedures is to allow for 
quicker in-season action in part because the Pacific bluefin tuna 
fishery may catch a lot of the catch limit in a short period of time 
when Pacific bluefin tuna are available in U.S. waters. Quicker in-
season action will assist NMFS in remaining within the U.S. catch 
limits agreed to in the IATTC. As discussed further in the next 
section, this rule proposes amending the procedures for announcing in-
season actions to add notification by direct emails to the affected 
public. In-season actions would be effective from the earlier of either 
receipt of notification by email or publication in the Federal 
Register.
    NMFS is also soliciting comment on proposed regulations on 
prohibitions applicable to U.S. commercial fishing vessels in the event 
of an in-season action to reduce the trip limit. While the new trip 
limits would be in effect at the time and date announced, there may be 
instances in which vessels already had Pacific bluefin tuna in excess 
of the reduced trip limit on board at the time the in-season action was 
announced. As a result, NMFS is proposing to allow 24 hours for vessels 
that already had Pacific bluefin tuna on board in excess of the trip 
limit to land their catch.

Proposed Regulations for In-Season Action Announcements for Commercial 
Pacific Bluefin Tuna for 2022-2024

    As indicated in the previous section, NMFS is proposing to revise 
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 
notification by direct email to the affected public. In-season actions 
would still be published in the Federal Register and would also appear 
on the NMFS website at https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status. 
In-season actions would be effective upon the time and date that would 
appear in the earlier of either receipt by notification in a direct 
email or publication in the Federal Register. In accordance with the 
August 5, 2022, final rule, in the event the trip limit was reduced 
early or the fishery was closed due to an overestimation of catch, NMFS 
could reverse immediately the prior in-season action using the same 
procedures outlined above.
    This proposed rule would 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 trip limit in the Convention Area 
will be prohibited. To avoid regulatory discards, that prohibition 
would include an exception to allow any Pacific bluefin tuna already on 
board a fishing vessel on the effective date of the 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 proposed 
rule is consistent with the Tuna Conventions Act and other applicable 
laws, subject to further consideration after public comment.
    This proposed 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 (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. Under the Regulatory Flexibility Act (RFA), the SBA defines a 
``small business'' (or ``small entity'') as one with annual revenue 
that meets or is below an established size standard. On December 29, 
2015, NMFS issued a final rule establishing a small business size 
standard of $11 million in annual gross receipts for all businesses 
primarily engaged in the commercial fishing industry (NAICS 11411) for 
RFA compliance purposes only (80 FR 81194). The $11 million standard 
became effective on July 1, 2016, and is to be used in place of the 
U.S. SBA current standards of $20.5 million, $5.5 million, and $7.5 
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and 
other marine fishing (NAICS 114119) sectors of the U.S. commercial 
fishing industry in all NMFS rules subject to the RFA after July 1, 
2016. Id. at 81194.
    The entities the proposed action would directly affect are all U.S. 
commercial fishing vessels that may target (e.g., coastal pelagic purse 
seine vessels) or incidentally catch (e.g., drift gillnet vessels) 
Pacific bluefin tuna in

[[Page 70768]]

the Convention Area. In 2020, there were 137 participants in the 
commercial fishery, whether targeting Pacific bluefin tuna or catching 
Pacific bluefin tuna incidentally. Not all vessels that have 
participated in this fishery decide to do so every year. For example, 
the coastal purse seine fleet participation in the Pacific bluefin tuna 
fishery has ranged from five to nine during 2016-2020. These vessels 
are characterized in greater detail below. U.S. commercial catch of 
Pacific bluefin tuna from the IATTC Convention Area is primarily made 
in waters off of California by the coastal pelagic small purse seine 
fleet, which targets Pacific bluefin tuna opportunistically, and other 
fleets (e.g., California large-mesh drift gillnet, surface hook-and-
line, west coast longline, and Hawaii's pelagic fisheries) that catch 
Pacific bluefin tuna in small quantities, such as incidentally.

U.S. Coastal Purse Seine Fleet

    Since 2006, the average annual revenue per vessel from all finfish 
fishing activities for the U.S. purse seine fleet that have landed 
Pacific bluefin tuna has been less than $11 million, whether 
considering an individual vessel or per vessel average. From 2016-2020, 
purse seine vessels that caught tuna had an average ex-vessel revenue 
of about $1,044,000 per vessel per year (based on all species landed). 
Annually, from 2016 to 2020, the number of small coastal pelagic purse 
seine vessels that landed Pacific bluefin tuna to the U.S. West Coast 
ranged from five to nine. Table 1 below summarizes the number of 
coastal purse seine vessels landing Pacific bluefin tuna in each year 
2016-2020, along with total annual landings and revenues.

 Table 1--Number of Small Coastal Purse Seine Vessels Landing Pacific Bluefin Tuna to the U.S. West Coast, Along
                   With Annual Landings and Revenues From Pacific Bluefin Tuna, 2016-2020 \2\
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                                                                     Number of                       Ex-vessel
                              Year                                    vessels     Landings  (mt)      revenue
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2016............................................................               5          315.72        $351,767
2017............................................................               8          466.43         516,135
2018............................................................               8           11.53          11,378
2019............................................................               9          226.11         258,937
2020............................................................               6          116.19         126,054
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    The revenue derived from tuna is 11.3 percent of the overall 
revenue for coastal pelagic purse seine vessels that landed tuna 
(annually from 2016-2020), with the majority of revenue in recent years 
from Pacific sardine, market squid, and to a lesser extent yellowfin 
tuna. In particular, on average (annually 2016-2020) yellowfin tuna 
made up 65 percent of all tuna landings by this fleet. Revenues and 
costs, and corresponding profitability, of coastal purse seine vessels 
are not expected to be significantly altered as a result of this 
proposed rule.
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    \2\ Landings and ex-vessel revenue are for all small coastal 
purse seine vessels that landed Pacific bluefin tuna in the year. 
Source: Pacific Fisheries Information Network
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Other U.S. Fleets That Catch Pacific Bluefin Tuna

    Since 2006, the average annual revenue per vessel from all finfish 
fishing activities for the U.S. fleet with landings of Pacific bluefin 
tuna in small quantities, such as from incidental catch or hook-and-
line, has been less than $11 million. These vessels include drift 
gillnet, surface hook-and-line, and longline gear-types. The revenues 
of these vessels are also not expected to be significantly altered by 
the proposed rule. From 2016 to 2020, between 7 and 14 drift gillnet 
vessels, 40 to 116 surface hook-and-line vessels, and 1 longline vessel 
landed Pacific bluefin tuna. During these years, vessels with gears 
other than purse seine landed an annual average of 55.2 mt of Pacific 
bluefin tuna, worth approximately $487,300. If the fishery is closed 
before the end of the calendar year, regulatory discards by these 
fleets are likely. Such a scenario would result in a greater impact to 
the fleet that catches Pacific bluefin tuna in small quantities, as 
opposed to the coastal purse seine fleet, which would simply cease 
targeting of Pacific bluefin tuna. Implementation of this proposed 
amended in-season action procedures would more closely align with the 
intent of the management scheme in the proposed (87 FR 12409, March 4, 
2022) initial rulemaking that was finalized on August 5, 2022. That is, 
to provide NMFS with quicker in-season action to avoid exceeding catch 
limits, allow for more operational flexibility to the fleet to harvest 
the full catch limit while aiming to avoid regulatory discards in the 
event of a fishery closure.
    Pursuant to the RFA and NMFS' December 29, 2015, final rule (80 FR 
81194), this certification was developed using NMFS' revised size 
standards. NMFS considers all entities subject to this proposed action, 
which based on recent participation ranges from 88 to 137 because 
participation fluctuates substantially from year-to-year, to be small 
entities as defined by both the former, lower size standards and the 
revised size standards. Based on profitability analysis above, the 
proposed action, if adopted, will not have significant adverse economic 
impacts on these small business entities. As a result, an initial 
regulatory flexibility analysis is not required and was not prepared 
for this proposed rule.

Paperwork Reduction Act

    This proposed 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: November 14, 2022.
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 
proposed to be amended 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.  300.25, 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

[[Page 70769]]

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) 
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 notification, to the extent authorized by applicable laws and 
regulations. After NMFS determines that the annual catch limits under 
paragraphs (g)(3) through (5) of this section are expected to be 
reached, NMFS will close the fishery effective upon the date provided 
in the notification in accordance with paragraph (g)(7) 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 notification 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 notification on the NMFS web page (https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/pacific-bluefin-tuna-commercial-harvest-status) announcing the in-season 
action, including effective dates. NMFS will also send emails with 
notification 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 (1) receipt by email of such notification, or (2) publication in 
the Federal Register.
* * * * *
[FR Doc. 2022-25251 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-22-P