[Federal Register Volume 90, Number 99 (Friday, May 23, 2025)]
[Rules and Regulations]
[Pages 22023-22027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09281]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 250506-0081]
RIN 0648-BN28
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2025
and Beyond
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
(TCA) of 1950, as amended, to implement Resolution C-24-01
(Conservation Measures For Tropical Tunas In The Eastern Pacific Ocean
During 2025-2026) adopted at the 102nd Meeting of the Inter-American
Tropical Tuna Commission (IATTC) in September 2024. This final rule
maintains and extends management measures for fishing vessels targeting
tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna
(Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) in the
eastern Pacific Ocean (EPO). The fishing restrictions will apply to
large purse seine vessels of class sizes 4-6 (i.e., vessels with a
carrying capacity of 182 metric tons (mt) or greater) and longline
vessels greater than 24 meters in overall length that fish for tropical
tuna in the EPO. This rule is necessary for the conservation of
tropical tuna stocks in the EPO and for the United States to satisfy
its obligations as a member of the IATTC.
DATES: This rule is effective June 23, 2025.
ADDRESSES: A plain language summary of this rule is available at
https://www.regulations.gov/docket/NOAA-NMFS-2024-0119.
Copies of supporting documents that were prepared for this rule,
including the regulatory impact review (RIR) are available via the
Federal e-Rulemaking Portal: http://www.regulations.gov, docket NOAA-
NMFS-2024-0119, or contact Tyler Lawson, NMFS West Coast Region
Portland Office, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97205,
or [email protected].
FOR FURTHER INFORMATION CONTACT: Tyler Lawson, NMFS WCR, at (503) 230-
5421, [email protected].
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
under the 1949 Convention for the Establishment of an Inter-American
Tropical Tuna Commission (1949 Convention). 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 Antigua Convention entered into force in 2010. The
United States acceded to the Antigua Convention on February 24, 2016.
The full text of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC is responsible for the conservation and
management of tuna and tuna-like species in the IATTC Convention Area.
The IATTC Convention Area is defined as waters of the 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 IATTC
maintains a scientific research and fishery monitoring program and
regularly assesses the status of tuna, sharks, and billfish stocks in
the IATTC Convention Area to determine appropriate catch limits and
other measures deemed necessary to promote sustainable fisheries and
prevent the overexploitation of these stocks.
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
under the TCA of 1950, as amended, 16 U.S.C. 951 et seq. (Pub. L. 114-
81). The TCA 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.
IATTC Resolution on Tropical Tuna Conservation
The 102nd Meeting of the IATTC was held in Panama City, Panama, in
September 2024. At this meeting, the IATTC adopted Resolution C-24-01
(Conservation Measures for Tropical Tunas In The Eastern Pacific Ocean
During 2025-2026). Many of the provisions in Resolution C-24-01 are
identical in content to those contained in the previous tropical tuna
Resolution (C-21-04; Conservation Measures for Tropical Tuna in the
Eastern Pacific Ocean During 2022-2024), which NMFS implemented in a
July 8, 2022 rulemaking (87 FR 40731), and are in effect until they are
amended or replaced. Resolution C-24-01 continues to include provisions
for a 72-day EPO fishing closure period for purse seine vessels,
exemptions from that closure period due to force majeure, catch limits
of bigeye tuna caught in the EPO for longline vessels greater than 24 m
in overall length, catch limit transfer requirements for bigeye tuna, a
requirement that all tropical tuna be retained and landed (with some
exceptions), and restrictions on the use and design of fish aggregating
devices (FADs).
In addition to continuing the existing measures, Resolution C-24-01
requires the IATTC to reexamine the Resolution at the annual IATTC
meeting in 2025 or 2026 based on a yellowfin tuna benchmark assessment
or, if a benchmark assessment is not available, the current stock
assessment, as long as it is deemed reliable by IATTC scientific staff
at that time. Based on that review, if necessary, the Resolution
provides that the IATTC will take actions to reduce fishing pressure on
yellowfin tuna to a level that allows for sustainable fishing.
Alternatively, if the benchmark assessment or stock assessment shows
that the yellowfin tuna stock is not overfished nor subject to
overfishing, the IATTC will consider options for new measures that
reduce the number of days of closure or the elimination of the
``corralito'' closure
[[Page 22024]]
area, which NMFS currently has implemented in 50 CFR 300.25(e)(1) and
300.25(e)(6). If action is taken by the IATTC in 2025 and a new
Resolution is adopted, NMFS will consider additional action as
appropriate.
The implementation of this Resolution by all IATTC members is
intended to prevent overfishing of tropical tuna stocks in the EPO.
Based on 2024 IATTC benchmark stock assessments and applying the stock
status criteria NMFS identified in the Highly Migratory Species
Fisheries Management Plan (HMS FMP), the bigeye and skipjack tuna
stocks in the EPO are not subject to overfishing and are not
overfished. Based on the most recent IATTC benchmark assessment (2020)
for yellowfin tuna in the EPO, NMFS determined the stock is neither
overfished nor subject to overfishing. Efforts to complete a new
benchmark assessment for yellowfin tuna are underway, and results are
anticipated within the next 2 years.
For the 2024 meeting of the IATTC, the IATTC scientific staff
recommended that conservation measures from tropical tuna Resolution C-
21-04 be extended to prevent overfishing of these stocks. Those
measures are already codified and will continue under this rule, as
discussed in the following section.
NMFS published a proposed rule on December 5, 2024 (89 FR 96631),
for public review and comment. The comment period closed on January 6,
2025. The preamble to the proposed rule contains additional background
information that is not repeated here.
Final Regulations
This rule is implemented under the TCA (16 U.S.C. 951 et seq.) and
includes minor changes to 50 CFR part 300, subpart C. The rule will
apply to U.S. commercial fishing vessels using purse seine and longline
gear to catch tropical tuna in the IATTC Convention Area. As noted in
the preamble to the proposed rule, most of the measures in Resolution
C-24-01 do not need to be implemented through this rule because the
Resolution continues existing measures that are already codified and do
not expire (see 87 FR 40731, July 8, 2022). A full list of those
codified measures is included in the preamble of the proposed rule and
is not repeated here.
This rule extends the applicability of the system of additional
closure days for class size 4-6 purse seine vessels that exceed
specified annual catch levels for bigeye tuna that was in place for
calendar years 2023 and 2024 (50 CFR 300.25(e)(2)). Under this rule,
those regulations remain in effect for 2025 and future calendar years.
The catch levels continue to begin at 1,200 mt of bigeye tuna with 10
additional closure days and increase incrementally by 300 mt and 3
additional closure days beyond that level. U.S. purse seine vessels
that exceed a certain annual catch level of bigeye tuna are required to
increase the number of closure days they observe in the following year,
as specified in table 1.
Table 1--Bigeye Tuna Catch Levels and Corresponding Additional Closure
Days
------------------------------------------------------------------------
Additional
Catch level (mt) exceeded closure days
observed
------------------------------------------------------------------------
1,200................................................... 10
1,500................................................... 13
1,800................................................... 16
2,100................................................... 19
2,400................................................... 22
------------------------------------------------------------------------
As was true for 2023 and 2024, the additional days of closure must
be added to one of the two closure periods indicated in 50 CFR
300.25(e)(1), which requires purse seine vessels to observe one of two
specified 72-day closure periods. For vessels observing the first
closure period, the additional days must be added at the beginning of
the closure period. For vessels observing the second closure period,
the additional days must be added to the end of the closure period.
This rule also makes minor revisions to 50 CFR 300.28(c), to
clarify the active FAD limits applicable for 2025 and future calendar
years. Specifically, this rule updates Table 1 to paragraph (c), which
contains the active FAD limits for purse seine vessels by well volume,
by removing the expired limits (i.e., limits for calendar years 2022
and 2023) and leaving only those limits that apply for 2025 and future
calendar years (i.e., limits that were specified in the previous table
as applying ``For 2024 calendar year and beyond''). The current limits
are shown in table 2.
Table 2--Active FAD Limits for Purse Seine Vessels
------------------------------------------------------------------------
Active FAD
Well volume (cubic meters (m\3\)) limit
------------------------------------------------------------------------
1,200 or more........................................... 340
426-1,199............................................... 210
213-425................................................. 85
0-212................................................... 50
------------------------------------------------------------------------
Although Resolution C-24-01 is in effect through 2026, NMFS does
not intend for these regulations to expire concurrently with the
Resolution. Instead, because the IATTC will likely continue to adopt
similar conservation and management measures upon expiration of this
resolution, and to avoid a lapse in the management of the fishery that
may occur between expiration of the regulations and implementation of
new measures adopted by the IATTC, these regulations will remain in
effect unless and until they are amended or replaced.
The TCA gives NMFS the authority to promulgate such regulations as
may be necessary to carry out the United States' international
obligations under the Convention and this chapter, including
recommendations and decisions adopted by the IATTC. In past years, NMFS
has implemented IATTC resolutions for specific calendar years, and this
approach has at times led to lapses in management in the affected
fisheries in subsequent years. Given the time-consuming nature of the
U.S. domestic rulemaking process, combined with the frequent delayed
adoption of IATTC resolutions, implementing domestic measures that do
not expire unless and until new measures are in place is necessary to
carry out the United States' international obligations under the
Antigua Convention and the TCA because it will ensure there is no lapse
in management of the tropical tuna fishery in the EPO.
Thus, regulations will remain in effect until they are amended or
replaced. NMFS intends to publish proposed and final rules to implement
new resolutions adopted by the IATTC as expeditiously as possible;
however, this approach will allow existing regulations to remain in
force and prevent any lapse in regulatory coverage caused by
expirations.
Because the IATTC adopted Resolution C-24-01 as a 2-year
conservation and management measure (2025-2026), the supporting
analyses for this rule (discussed later in the Classification section)
cover a 2-year time period, with the understanding that NMFS will
consider whether these analyses will need to be supplemented should the
measures remain in effect for more than 2 years.
Public Comments and Responses
NMFS received one comment during the 30-day comment period on the
proposed rule, which closed on January 6, 2025. The comment was from a
member of the general public and was supportive of the proposed
regulation change, as they felt it aligns with long term benefits for
the marine ecosystem and promotes sustainable fisheries management.
However, they did express
[[Page 22025]]
two concerns with the proposed rule text which are addressed below.
Issue #1: The commenter noted ``in order for this new regulation to
truly work there needs to be effective enforcement. If there is not
adequate monitoring and enforcement, the whole regulation may be
undermined as the catch limits and habitat protection may be ignored.''
NMFS Response: NMFS recognizes the importance of monitoring and
enforcement for effective fisheries management. The IATTC informs NMFS
if a possible instance of non-compliance arises. If warranted, NMFS
works with the Office of Law Enforcement to investigate and take
appropriate action.
Issue #2: The commenter noted ``concerns about . . . the economic
impacts on smaller fishing communities. Local small-scale fisheries
often rely on certain species, so tightening the catch limits
negatively affects these smaller fisheries.''
NMFS Response: NMFS notes that catch limits are not being tightened
in this rule and that the bigeye tuna catch limits for purse seine
vessels which have been in place for several years are being extended
until modified or replaced. The economic impacts to small vs large
entities is discussed in the classification section and NMFS concluded
that the action is not expected to have a significant adverse economic
impact on the profitability of a substantial number of small entities
or a disproportionate economic effect on small entities relative to
large entities. In response to this comment, NMFS has revised the RIR
and the Regulatory Flexibility Act discussion in the Classification
section to further support that the action is not expected to have a
significant adverse economic impact.
Changes From Proposed Rule
After consideration of public comments on the proposed rule, NMFS
does not intend to make any substantive changes in the final rule.
NMFS is making one minor change to the final regulatory text for 50
CFR 300.25(e)(2). Specifically, to clarify that all measures related to
the system of additional closure days in place for 2023 and 2024 are
being extended and continue to apply in 2025 and beyond, NMFS is
revising the final regulatory text to include both subparagraphs of
Sec. 300.25(e)(2), instead of just subparagraph (e)(2)(i). The text of
subparagraph (e)(2)(ii) is unchanged from the corresponding
subparagraph put in place by the previous rule (see 87 FR 40731, July
8, 2022).
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the TCA and other applicable laws, subject to further
consideration after public comment.
Executive Order 12866
This rule is not an Executive Order 14192 regulatory action because
this action is not significant under Executive Order 12866.
Paperwork Reduction Act
This final rule does not contain changes to the collection of
information requirement for the purposes of the Paperwork Reduction Act
of 1995. The existing collection of information requirements would
continue to apply under the following Office of Management and Business
(OMB) Control Numbers: 0648-0214 (Pacific Islands Region Logbook Family
of Forms) and 0648-0148 (West Coast Region Pacific Tuna Fisheries
Logbook, Fish Aggregating Device Form, and Observer Safety Reporting).
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. All currently approved NOAA
collections of information may be viewed at: https://www.reginfo.gov/public/do/PRAMain
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the
Chief Counsel for Regulation of the Department of Commerce certified to
the Chief Counsel for Advocacy of the Small Business Administration
that this rule, if adopted, will not have a significant economic impact
on a substantial number of small entities. The rationale for the
certification is provided in the following paragraphs.
For Regulatory Flexibility Act purposes only, NMFS has established
a small business size standard of $11 million in annual gross receipts
for businesses, including their affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2). This standard applies to all
businesses classified under North American Industry Classification
System (NAICS) code 11411 for commercial fishing, including all
businesses classified as commercial finfish fishing (NAICS 114111),
commercial shellfish fishing (NAICS 114112), and other commercial
marine fishing (NAICS 114119) businesses.
NMFS prepared the following analyses for this regulatory action in
light of this size standard. All of the entities directly regulated by
this regulatory action are commercial finfish fishing businesses. Under
this size standard, some U.S. purse seine vessels affected by this
action are considered large, and some are small businesses. The
longline vessels this action applies to are considered to be small
businesses based on above standards.
U.S. Purse Seine Vessels Fishing in the IATTC Convention Area:
There are two components to the U.S. tuna purse seine fishery in the
EPO: (1) large purse seine vessels (class size 6; greater than 363 mt
carrying capacity) that typically have been based in the western and
central Pacific Ocean (WCPO), and (2) coastal purse seine vessels with
smaller fish hold volumes (class sizes 2-3; between 46-181 mt carrying
capacity) that are based on the U.S. West Coast. Although Resolution C-
24-01 and the implementing regulations include restrictions for class
size 4-5 (182-363 mt carrying capacity) purse seine vessels, there are
currently no U.S. vessels of class sizes 4-5 registered to fish in the
IATTC Convention Area, nor have there been in the past 10 years.
Therefore, to the extent the regulations specify application to class
size 4-5 purse seine vessels, they are not expected to have any impact
on U.S. vessel owners or operators.
As of September 2024, the United States has 14 active large U.S.
purse seine vessels on the IATTC Regional Vessel Register authorized to
fish in the EPO. Twelve of these vessels also have Western and Central
Pacific Fisheries Commission (WCPFC) Area Endorsements. WCPFC Area
Endorsements are NMFS-issued authorizations required for a vessel to
fish commercially for HMS on the high seas in the WCPFC Convention
Area. NMFS used cannery data from the IATTC and Regional Purse Seine
Logbook (RPL) data from Pacific Islands Fisheries Science Center to
estimate fish landings in both the EPO and WCPO for the vessels that
fished in both Convention Areas within a year.
Because neither gross receipts nor ex-vessel price information
specific to individual fishing vessels are available to NMFS, NMFS
applied regional price data--as approximations of ex-vessel prices--to
annual catches of individual vessels obtained from RPLs and IATTC
observer data, to estimate the vessels' annual receipts.
Using this approach, NMFS estimates that among the affected
vessels, the
[[Page 22026]]
range in average annual per-vessel receipts in 2021-2023 was $500,000
to $13.4 million with an average of approximately $10 million. Nine of
the active purse seine vessels had estimated average annual receipts of
less than $11 million, and thus are considered to be small entities.
The remaining five are considered large businesses.
U.S. Longline Vessels that Fish in the IATTC Convention Area: As of
September 2024, the IATTC Regional Vessel Register lists 35 large-scale
longline vessels (i.e., greater than 24 m in overall length) that have
the option to fish in the IATTC Convention Area. The majority of these
longline vessels have Hawaii Longline Limited Access Permits (issued
under 50 CFR 665.13). Under the Hawaii longline limited access program,
no more than 164 permits may be issued. The Hawaii longline fisheries
include a tuna-targeting (including bigeye tuna) deep-set fishery and
swordfish-targeting shallow-set fishery. Additionally, there are U.S.
longline vessels based on the U.S. West Coast, some of which operate
under the Pacific HMS permit and high seas permits. U.S. West Coast-
based longline vessels operating under the Pacific HMS permit fish
primarily in the EPO and are currently restricted to fishing with deep-
set longline gear outside of the U.S. West Coast exclusive economic
zone.
Between 2019 and 2023, longline vessels that fished in the IATTC
Convention Area had average ex-vessel revenues ranging from $197,301 to
$255,985 for total landings, including those in the EPO and WCPO. The
maximum ex-vessel revenue of any longline vessel that fished in the
IATTC Convention Area was well below the $11 million threshold for
finfish harvesting businesses. Therefore, all of the longline vessels
impacted by the rule will be considered small business entities.
Economic Impacts: The action is not expected to have a significant
adverse economic impact on the profitability of a substantial number of
small entities or a disproportionate economic effect on small entities
relative to large entities. The entities impacted by the action related
to purse seine vessels are considered to include both large and small
businesses, and the entities impacted by the action related to longline
vessels are considered to be small businesses. All of the measures in
the Resolution maintain purse seine and longline measures that have
been in place in U.S. regulations for years and have become routine for
the purse seine and longline fleets. As described above, the IATTC
extended the measures to prevent overfishing.
As discussed previously, this rule extends the applicability of the
system of additional closure days for class size 4-6 purse seine
vessels that exceed specified annual catch levels for bigeye tuna that
was in place for calendar years 2023 and 2024. This action therefore
will continue to add 10 closure days for purse seine vessels that catch
more than 1,200 mt of bigeye tuna, and will continue to add 3
additional closure days for every additional 300 mt caught beyond the
1,200 mt. In reviewing catch levels for U.S. purse seine vessels from
2017-2020, only one U.S. vessel caught more than 1,200 mt in a single
year. Since the 2022 rulemaking was put in place, no U.S. vessels have
caught more than 1,200 mt in a single year. Thus, it is not expected
that many, if any, U.S. vessels will be required to adhere to
additional closure days. For vessels that may need to observe
additional closure days, the majority of vessels have the option to
fish in the WCPO, pending closures in the WCPFC Convention Area, noting
that tropical tuna stocks in the WCPO are considered distinct from EPO
stocks.
In addition to extending the applicability of the system of
additional closure days, the 2024 tropical tuna Resolution maintains a
number of purse seine regulations that have been in place for years,
and the purse seine fleet is familiar with these measures. Because the
IATTC adopted the previous tropical tuna resolution, C-21-04, as a
three-year conservation and management measure (2022-2024), the
supporting analyses for that rule covered a three-year time period,
with the understanding that those analyses would be supplemented should
the measures remain in effect for more than three years. Resolution C-
24-01 maintains those measures and those analyses are discussed below.
FAD limits: As previously discussed, this rule makes minor
revisions to clarify the active FAD limits applicable for 2025 and
future calendar years by updating the table which contains the active
FAD limits for purse seine vessels by well volume, by removing the
expired limits (i.e., limits for calendar years 2022 and 2023) and
leaving only those limits that apply for 2025 and future calendar years
(i.e., limits that were specified in the previous table as applying
``For 2024 calendar year and beyond''). With respect to limits on
active FADs, all large U.S. purse seine vessels currently on the IATTC
Regional Vessel Register have a well volume of 1,200 m\3\ or more.
Therefore, the limit of 340 active FADs per large U.S. purse seine
vessel will continue to apply in 2025 and beyond. According to 2018-
2020 purse seine effort data provided by IATTC scientific staff, the
average number of active FADs per U.S. vessel is approximately 90 and
the maximum number per vessel is 271. Since the 2022 rulemaking began
to gradually decrease active FAD limits to their current limits, U.S.
purse seine vessels have continued to operate within the established
limits. Thus, these regulations are not expected to reduce the number
of active FADs any U.S. purse seine vessel has in the water. As a
result, the continuation of these measures is not expected to reduce
the profitability of the fishery, and no disproportionate impacts
between small and large businesses are expected.
Buoy restrictions: This rule maintains existing restrictions on
buoy deactivations and reactivations which have been in place since
2022 and are not expected to substantially change the fishing behavior
of the U.S. fleet. In addition, although there were additional
reporting requirements for active FADs, deactivations, and
reactivations, vessel operators were already expected to be collecting
the necessary information from satellite companies as part of current
operations, and therefore reporting this additional information is
still not expected to impose an additional burden that would reduce
profitability.
Reporting requirements: This rule maintains requirements for
reporting cannery data to the IATTC and making data available to NMFS
upon request, as well as requirements for NMFS to report VMS data to
the IATTC beginning in 2023. Cannery data was already being collected
by purse seine vessel owners as a part of current operations. Vessel
owners did not need to change any reporting requirements for VMS data
because those data were already provided to NMFS and NMFS provides it
to the IATTC. Therefore, NMFS still does not expect these reporting
requirements to reduce the profitability of the fishery or have a
disproportionate impact between small and large businesses.
Force majeure: This rule maintains existing regulations that
vessels to request an exemption from observing a full 72-day closure
period due to the occurrence of a force majeure events. Since 2013,
when the force majeure provisions first went into effect, the United
States has requested force majeure exemptions seven times. Because U.S.
force majeure events are rare and unpredictable, it is difficult to
speculate future situations where a U.S. vessel would need to request
force
[[Page 22027]]
majeure. The economic effects from these revisions are generally
positive for vessels that are granted an exemption due to force
majeure, as the measure provides relief to U.S. purse seine vessels
that experience an unforeseen circumstance and would otherwise fish
fewer days in a calendar year.
In summary, the action is not expected to substantially change the
typical fishing practices of affected vessels. Any impact to the income
of U.S. vessels is expected to be minor. Therefore, NMFS has determined
that the action is not expected to have a significant economic impact
on a substantial number of small entities, or a disproportionate
economic impact on the small entities relative to the large entities.
Therefore, an Initial Regulatory Flexibility Analysis is not required
and none has been prepared.
Executive Order 13175
NMFS has determined that this action will not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under Executive
Order 13175 is not required, and the requirements of sections (5)(b)
and (5)(c) of Executive Order 13175 also do not apply. A Tribal summary
impact statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of
Executive Order is not required and has not been prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: May 19, 2025.
Jonathan Marc Kurland,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
300, subpart C, 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. Amend Sec. 300.25 by revising paragraph (e)(2)(i) and (ii) to read
as follows:
Sec. 300.25 Fisheries management.
* * * * *
(e) * * *
(2) * * *
(i) U.S. purse seine vessels that exceed a certain annual catch
level of bigeye tuna must increase the number of closure days they
observe in the following year, as specified in table 1 to this
paragraph (e)(2).
(ii) The additional days of closure must be added to one of the two
closure periods indicated in paragraph (e)(1) of this section. For
vessels observing the first closure period, the additional days must be
added at the beginning of the closure period. For vessels observing the
second closure period, the additional days must be added to the end of
the closure period. The HMS Branch will confirm the determination of
annual catch levels for U.S. purse vessels based on information
provided by the IATTC and notify any U.S. vessel that exceeds a given
catch level.
Table 1 to Paragraph (e)(2)
------------------------------------------------------------------------
Additional
Catch level (mt) exceeded closure days
observed
------------------------------------------------------------------------
1,200................................................... 10
1,500................................................... 13
1,800................................................... 16
2,100................................................... 19
2,400................................................... 22
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 300.28 by revising paragraph (c) to read as follows:
Sec. 300.28 FAD restrictions.
* * * * *
(c) Restrictions on Active FADs for purse seine vessels. U.S.
vessel owners and operators of purse-seine vessels with the following
well volume in cubic meters (m\3\) must not have more than the
following number of Active FADs per vessel in the IATTC Convention Area
at any one time, as specified in table 1 to this paragraph (c).
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Active FAD
Well volume (m\3\) limit
------------------------------------------------------------------------
1,200 or more........................................... 340
426-1,199............................................... 210
213-425................................................. 85
0-212................................................... 50
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* * * * *
[FR Doc. 2025-09281 Filed 5-22-25; 8:45 am]
BILLING CODE 3510-22-P