[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Rules and Regulations]
[Pages 5273-5274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01447]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230119-0019]
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: Final rule.

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SUMMARY: NMFS is issuing 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 
final rule amends procedures to add notice of in-season action by 
direct emails to the affected public in addition to publication in the 
Federal Register. In-season actions will be effective upon the earlier 
of either receipt of the notice by email or publication of the notice 
in the Federal Register. In-season actions will also be posted on the 
NMFS website. This rule adds 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 notice 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: This rule is effective February 27, 2023.

ADDRESSES: Copies of the draft Regulatory Impact Review (RIR) and other 
supporting documents are available via the Federal eRulemaking Portal: 
https://www.regulations.gov, NOAA-NMFS-2022-0106 or contact the Acting 
Highly Migratory Species Branch Chief, Rachael Wadsworth, 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 November 21, 2022, NMFS published a proposed rule in the Federal 
Register to revise regulations at 50 CFR part 300, subpart C, amending 
in-season action announcement procedures for Pacific bluefin tuna in 
the Inter-American Tropical Tuna Commission (IATTC) Convention Area 
(Convention Area) for 2022-2024 (87 FR 70766). The Convention Area is 
defined as waters of the eastern Pacific Ocean (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. The comment period was 
open for 15 days. NMFS received one public comment on the proposed 
rule, which voiced general support for management actions to conserve 
Pacific bluefin tuna.
    This final rule is implemented under the authority of the TCA (16 
U.S.C. 951 et seq.), which directs the Secretary of Commerce, after 
approval by the Secretary of State, to promulgate regulations as 
necessary to implement resolutions adopted by the IATTC. The Secretary 
of Commerce has delegated this authority to NMFS.
    Additional background information on the IATTC, the international 
obligations of the United States as a member of the IATTC, and the need 
for regulations to manage the Pacific Bluefin tuna stock was included 
in the proposed rule and is not repeated in this rule.

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

    NMFS is revising 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 notice by direct email to the affected public. In-season 
actions will still be published in the Federal Register and will also 
appear on the NMFS website. In-season actions will be effective upon 
the time and date that will appear in the earlier of either receipt by 
notice in a direct email or publication in the Federal Register. In 
accordance with an August 5, 2022, final rule implementing commercial 
catch and trip limits for Pacific bluefin tuna (87 FR 47939), in the 
event the trip limit was reduced early or the fishery was closed due to 
an overestimation of catch, NMFS will reverse immediately the prior in-
season action using the same procedures outlined above.
    This final rule will 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 updated trip limit in the 
Convention Area will be prohibited. To avoid regulatory discards, that 
prohibition will include an exception to allow any Pacific bluefin tuna 
already on board a fishing vessel on the effective date of the notice 
of 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 final 
rule is consistent with the Tuna Conventions Act and other applicable 
laws.
    This final 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 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. No information received during the public comment 
period changes the action from the proposed rule or 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.

Paperwork Reduction Act

    This final 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: January 19, 2023.
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:

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.


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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 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), 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 paragraphs (g)(3) through (5) are expected to be 
reached, NMFS will close the fishery effective upon the date provided 
in the notification in accordance with paragraph (g)(7). 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.
    (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 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 the earlier of 
either receipt by email of such notice or publication in the Federal 
Register.
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[FR Doc. 2023-01447 Filed 1-26-23; 8:45 am]
BILLING CODE 3510-22-P