[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Rules and Regulations]
[Pages 28448-28451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11257]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 130722647-4403-02]
RIN 0648-BD55
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for 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 to
implement Resolution C-13-02 of the Inter-American Tropical Tuna
Commission (IATTC or the Commission) by specifying limits on U.S.
commercial catch of Pacific bluefin tuna from the eastern Pacific Ocean
(EPO) waters of the IATTC Convention Area in 2014. This action is
necessary for the United States to satisfy its obligations as a member
of the IATTC to conserve Pacific Bluefin tuna, which is an overfished
stock.
DATES: The rule is effective June 16, 2014.
ADDRESSES: Copies of supporting documents that were prepared for this
final rule, including the Regulatory Impact Review (RIR), environmental
assessment (EA), final regulatory flexibility analysis (FRFA), and the
proposed rule, are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2013-0119. These documents, and
the small entity compliance guide prepared for this final rule, are
also available from the Regional Administrator, NMFS, West Coast
Regional Office, 7600 Sand Point Way
[[Page 28449]]
NE., Bldg 1, Seattle, WA 98115-0070. A summary of the initial
regulatory flexibility analysis (IRFA) is included in the proposed
rule, and a summary of the FRFA is included in this final rule.
FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, 562-980-3231, or
Heidi Taylor, NMFS, 562-980-4039.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2014, NMFS published a proposed rule in the Federal
Register (79 FR 1810) that would add regulations at 50 CFR part 300,
subpart C, to implement Resolution C-13-02, ``Measures for the
Conservation and Management of Bluefin Tuna in the Eastern Pacific
Ocean,'' which was adopted by the IATTC at its 85th Meeting, in June
2013. The proposed rule was open to public comment through February 10,
2014. The comments received are addressed in this rule.
The final rule is implemented under the authority of the Tuna
Conventions Act (16 U.S.C. 951-962 and 971 et seq.), which directs the
Secretary of Commerce, after approval by the Secretary of State, to
promulgate such regulations as may be necessary to implement
resolutions adopted by the IATTC. The Secretary's authority to
promulgate such regulations as may be necessary to carry out the
obligations of the United States has been delegated to NMFS.
The proposed rule includes additional background information,
including information on the IATTC, the international obligations of
the United States as an IATTC Member, and the basis for the new
regulations.
New Regulations
This final rule establishes 2014 limits on catch of Pacific bluefin
tuna (Thunnus orientalis) in the IATTC Convention Area. Once Pacific
bluefin tuna catch limits have been reached, NMFS will prohibit any
further targeting, retaining on board, transshipping, or landing of
Pacific bluefin tuna in the Convention Area, because these activities
can be effectively verified for enforcement purposes. The following
section includes a description of how the Pacific bluefin tuna catch
limit provisions apply under three possible scenarios.
2014 Catch Limits for Pacific Bluefin Tuna
Once the Commission-wide commercial catch limit of 5,000 metric
tons has been reached and the U.S. commercial fleet is expected to be
reached or has exceeded the 500 metric tons catch limit, then
targeting, retaining on board, transshipping, or landing of Pacific
bluefin tuna by all U.S. commercial vessels in the IATTC Convention
Area shall be prohibited for the remainder of 2014. If the U.S.
commercial fishing fleet has not caught 500 metric tons of Pacific
bluefin tuna in the Convention Area in 2014 when the Commission-wide
5,000 metric tons catch limit is reached, then the U.S. commercial
fleet may continue to target, retain, transship, or land Pacific
bluefin tuna until the 500 metric ton limit is reached. The U.S.
commercial fleet may continue to target, retain, transship, or land
more than the 500 metric tons of Pacific bluefin tuna in 2014 unless
and until the Commission-wide catch limit of 5,000 metric tons is
reached.
Announcement of the Limits Being Reached
To ensure that the total catch of Pacific bluefin tuna taken from
the IATTC Convention Area does not exceed the Commission-wide catch
limit for 2014, NMFS will report U.S. catch to the IATTC Director on a
monthly basis. The IATTC Director will inform the IATTC Members and
Cooperating non-members (collectively, CPCs) when 50 percent of the
Commission-wide limit is reached. The Director will likewise send
similar notices when 60, 70, and 80 percent of the Commission-wide
limit is reached. When 90 percent of the Commission-wide limit is
reached, the Director will send the corresponding notice to all CPCs,
with a projection of when the 5,000 metric ton Commission-wide limit
will be reached, at which time CPCs are expected to take the necessary
internal measures to avoid exceeding the limit. NMFS will provide
updates on Commission-wide and U.S. catches to the public via the IATTC
and coastal pelagic species email distribution lists and the West Coast
Region Web site: http://www.westcoast.fisheries .noaa.gov/fisheries/
migratory_species/bluefin_tuna_harvest_status.html. Additionally,
NMFS will report preliminarily estimated Pacific bluefin tuna catch
between monthly intervals (if and when catches approach the limits) to
help participants in the U.S. commercial fishery plan for the
possibility of the catch limit being reached.
When NMFS is informed that the 5,000 metric ton Commission-wide
limit has been met (based on information provided by the IATTC
Director) and that the 500 metric ton catch limit is expected to be
reached (based on landings receipts, data submitted in logbooks, and
other available fishery information), NMFS will publish a notice in the
Federal Register announcing that the targeting, retaining,
transshipping or landing of Pacific bluefin tuna will be prohibited on
a specified effective date through December 31, 2014. Upon that
effective date, a commercial fishing vessel of the United States may
not be used to target, retain on board, transship, or land any
additional PBF in the Convention Area during the period specified in
the announcement. Any PBF already on board a fishing vessel on the
effective date may be retained on board, transshipped, and/or landed,
to the extent authorized by applicable laws and regulations, provided
that they are landed within 14 days after the effective date.
Public Comments and Responses
NMFS received eight written public comments. The Department of the
Interior submitted comments on behalf of the National Park Service. One
commenter expressed concern about matters beyond the scope of this
action. Seven commenters expressed concern for the status of the
resource. None of the seven commenters opposed placing restrictions on
the U.S. catch of Pacific bluefin tuna; however, six of them suggested
further restricting the U.S. catch of Pacific bluefin tuna. Summaries
of the comments received and NMFS' responses appear below.
Comment 1: The proposed rule is not consistent with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
because it does not prevent overfishing by addressing the relative
impacts of the U.S. fleet.
Response: NMFS is promulgating this rule in accordance with IATTC
Resolution C-13-02 and under the authority of the Tuna Conventions Act.
This action is not subject to the Magnuson-Stevens Act. However, NMFS
informed the Pacific Fishery Management Council and the Western Pacific
Fishery Management Council of the stock status determination and
obligations under section 304(i) of the Magnuson-Stevens Act to develop
and submit recommendations to NMFS and/or the Secretary of State for
domestic and international actions that will end overfishing in the
fishery and rebuild the affected stock taking into account the relative
impact of U.S. vessels and that of foreign vessels on the stock.
Comment 2: The proposed rule indicates that NMFS only analyzed two
alternatives. More alternatives, including a suspension of bluefin
fishing, should have been analyzed.
[[Page 28450]]
Response: The preamble of the proposed rule included a discussion
of only two alternatives as part of the IRFA summary: the proposed rule
and no action. The purpose of the IRFA is to determine whether the
action would have a significant economic impact on a substantial number
of small entities. No other significant alternatives accomplished the
stated objectives of the applicable statutes and minimized the economic
impact of the proposed rule on affected small entities. In addition to
the IRFA, NMFS prepared a draft EA and made it available for public
comment with the proposed rule. The draft EA included several
alternatives to the proposed action, including suspension of directed
fishing for Pacific bluefin tuna in the eastern Pacific Ocean, and
considered the potential effects of each alternative on the human
environment (i.e., natural, social, and economic environment). The
final EA is publicly available as a supporting document to this rule.
Comment 3: Catch data should be up-to-date. NMFS should not be
reporting catch data that is more than 1 year old as ``preliminary.''
Response: NMFS decided not to cite the U.S. catch of Pacific
bluefin tuna in 2013 in the proposed rule because, at that time, the
2013 fishing season for Pacific bluefin tuna had not yet ended. U.S.
catch reported in this final rule has been updated with ``preliminary''
data for U.S. commercial catch of Pacific bluefin tuna in 2013.
``Preliminary'' data is subject to change. NMFS adheres to strict
guidelines for publishing fishery data in the interest of ensuring data
quality and protecting confidential data. Due to changes in data
reporting mechanisms, there has been a delay in the availability of the
published data sets typically made available annually in the Pacific
Fishery Management Council's Highly Migratory Species Stock Assessment
and Fishery Evaluation (SAFE) documents. In the meantime, and when
publishing supporting information in rules, NMFS has been publishing
data as ``preliminary'' only after it has been determined not to be
confidential.
Comment 4: There are unacceptable levels of Pacific bluefin tuna
mortality by overseas fleets and recreational fisheries. A Pacific-wide
catch limit is needed and the 500 metric ton limit should include
recreational catch. Additionally, the U.S. National Park Service (NPS)
recommends that NMFS include national park unit boundaries in Pacific
bluefin tuna regulations with consideration for additional monitoring
of effort and catch, recreational catch-and-release, and a moratorium
on harvest of Pacific bluefin tuna until individual national park units
request a harvest allocation.
Response: NMFS notes these recommendations going forward. However,
they are beyond the scope of the IATTC resolution that this rule
implements. NMFS acknowledges that the average annual Pacific bluefin
tuna landings by U.S. commercial vessels fishing in the EPO represent
roughly two percent of the average annual landings from all fleets
commercially fishing in the EPO for years 2007 through 2011 (refer to
Section 1.4 of the Environmental Assessment). This contribution to
Pacific bluefin mortality by the U.S. commercial fishing fleet is even
smaller when considering the levels of catch by all fisheries, Pacific-
wide. While the United States is a member of both the IATTC and the
Western and Central Pacific Fisheries Commission (WCPFC), a Pacific-
wide catch limit would require complimentary action by the WCPFC.
Suggestions for purely domestic fishery management actions--such as
rules on Pacific bluefin fishing within U.S. national parks--would be
better suited to the decision-making process of the appropriate fishery
management councils and implementation under the authority of the
Magnuson-Stevens Act.
Changes From the Proposed Rule
No substantive changes have been made to this rule since the
proposed rule stage. Minor edits were made to the regulatory text to
improve clarity. The authority citations for 50 CFR part 300 and
subpart C are revised to identify more precisely the statutory citation
for the Tuna Conventions Act as 16 U.S.C. 951 et seq.
Classification
The NMFS Assistant Administrator has determined that this final
rule is necessary for the conservation and management of Pacific
bluefin tuna, and that it 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.
There are no new collection-of-information requirements associated
with this action that are subject to the Paperwork Reduction Act,
existing collection-of-information requirements associated with the
U.S. West Coast Highly Migratory Species Fishery Management Plan still
apply. These requirements have been approved by the Office of
Management and Budget under Control Number 0648-0204.
A final regulatory flexibility analysis (FRFA) was prepared. A copy
of this analysis is available from the NMFS (see ADDRESSES). The FRFA
incorporates the IRFA, and a summary of the analyses completed to
support the action is included directly below.
The main objective of this rule is to establish catch limits to
contribute to the conservation of the Pacific bluefin tuna stock. This
rule applies to owners and operators of U.S. commercial fishing vessels
that catch Pacific bluefin tuna in the IATTC Convention Area. Each
vessel that is expected to be affected is considered a small business
according to the Small Business Administration's revised size standards
(78 FR 37398, July 20, 2013). Pacific bluefin tuna do not serve as the
primary target species for any U.S. commercial vessels, but rather are
incidentally or opportunistically caught by U.S. commercial vessels
fishing in the EPO. Therefore, the action is not expected to have a
significant or disproportional economic impact on these small business
entities.
After NMFS determines that the limits are expected to be reached,
NMFS will publish a notice in the Federal Register announcing that
restrictions will be effective from the dates specified through the end
of the calendar year. NMFS will take reasonable actions to inform
vessel owners in advance of publishing, in a Federal Register
announcement, the effective date for the restrictions on targeting,
retaining, transshipping, or landing Pacific bluefin tuna captured in
the IATTC Convention Area. In the event that the limit on Pacific
bluefin tuna catch is reached in 2014, it will be the responsibility of
the commercial vessel owner to ensure that no further targeting of
Pacific bluefin tuna occurs, and that no additional Pacific bluefin
tuna are retained on board, transshipped, or landed after the specified
dates published in the Federal Register notice announcing that the
annual limit is expected to be reached.
While this rule does not mandate any new ``reporting'' or
``recordkeeping'' requirements for the public, some compliance costs
may be associated with these regulations if the restrictions on
targeting, retaining, transshipping, or landing Pacific bluefin tuna in
the IATTC Convention Area becomes effective in 2014 as a result of the
commercial catch limits being reached. The Pacific bluefin tuna
commercial catch limits are not expected to result in the cessation of
fishing by U.S. commercial vessels for Pacific bluefin tuna in the
Convention Area since the annual U.S. catches of Pacific bluefin tuna
have not reached 500 metric tons
[[Page 28451]]
in more than a decade. In the event of a closure under this rule, the
cost of compliance would be de minimis. Compliance costs could consist
of returning incidentally caught bluefin tuna to the ocean, forgoing
associated profits, and potentially losing fishing opportunity if
Pacific bluefin tuna are available to the U.S. fleet during a time when
fishing for them has been prohibited.
The U.S. catch of Pacific bluefin tuna in the EPO represents a
relatively minor component of the overall catch of Pacific bluefin tuna
from the EPO. The average annual U.S. catch of Pacific bluefin tuna was
106 metric tons for 1999 through 2013. Pacific bluefin tuna is
commercially caught by U.S. vessels fishing in the EPO on an irregular
basis. Most of the landings are made by small coastal purse seine
vessels operating in the Southern California Bight with limited
additional landings made by the drift gillnet fleet that targets
swordfish and thresher shark. Lesser amounts of Pacific bluefin tuna
are caught by surface hook and line and longline gear (typically less
than .05 metric tons per year for these gear types combined). The
number of purse seine vessels that have landed tuna in California
averaged 197 annually from 1981 through 1990. However, from 2000 to
2013, no more than six small purse seiners have been registered with
the IATTC to target Pacific bluefin tuna in the Convention Area each
year. The landings data suggests that they opportunistically targeted
Pacific bluefin tuna in alternate years since 2001.
For the purposes of the Regulatory Flexibility Act analysis, NMFS
compared the effects of the Pacific bluefin tuna restrictions imposed
by this rule to a no action alternative. No additional alternatives
exist that accomplish the stated objectives of applicable statutes and
that minimize the rule's economic impact on the affected small
entities. Under the no action alternative, there would be no limit on
U.S. commercial catches of Pacific bluefin tuna in the IATTC Convention
Area. It is unlikely that any short-term economic benefit to U.S.
commercial fisheries would be gained from not implementing Resolution
C-13-02 because recent trends in Pacific bluefin tuna catch data
indicate that it is unlikely that the U.S. catch limit will be reached.
However, failing to adopt this rule would result in the United States
not satisfying its international obligations as a member of the IATTC.
Furthermore, implementing Resolution C-13-02 conserves Pacific bluefin
tuna by limiting catches, thereby increasing the chances that small
entities will have continued opportunities to harvest this currently
overfished stock in the EPO.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide (the guide)
was prepared. Copies of this final rule are available from the West
Coast Regional Office, and the guide will be sent to vessels that catch
Pacific bluefin tuna in the IATTC Convention Area via the IATTC and
coastal pelagic species email distributions lists. The guide and this
final rule will be available upon request and on the West Coast Region
Web site: http://www.westcoast.fisheries .noaa.gov/fisheries/
migratory_species/bluefin_tuna_harvest_status.html.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
Dated: May 9, 2014.
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
0
1. The authority citation for part 300 is revised to read as follows:
Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16
U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
Subpart C--Eastern Pacific Tuna Fisheries
0
2. The authority citation for 50 CFR part 300, subpart C, is revised to
read as follows:
Authority: 16 U.S.C. 951 et seq.
0
3. In Sec. 300.24, paragraph (u) is added to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(u) Use a United States commercial fishing vessel in the IATTC
Convention Area in contravention of Sec. 300.25(h)(4).
0
4. In Sec. 300.25, paragraph (h) is added to read as follows:
Sec. 300.25 Eastern Pacific fisheries management.
* * * * *
(h) Pacific bluefin tuna commercial catch limits in the eastern
Pacific Ocean. (1) For the calendar year 2014, all commercial fishing
vessels of IATTC member countries and cooperating non-member countries
collectively are subject to a limit of 5,000 metric tons of Pacific
bluefin tuna that may be captured, retained, and landed in the
Convention Area.
(2) Notwithstanding the collective 5,000 metric ton limit, in
calendar year 2014 commercial vessels of the United States may capture,
retain, transship, or land 500 metric tons of Pacific bluefin tuna.
(3) After NMFS determines that the limits under paragraphs (h)(1)
and (2) of this section are expected to be reached by a future date,
and at least 7 calendar days in advance of that date, NMFS will publish
a notice of closure in the Federal Register announcing the effective
date that additional targeting, retaining on board, transshipping or
landing Pacific bluefin tuna in the Convention Area shall be prohibited
as described in paragraph (h)(4) of this section.
(4) Beginning on the date announced in the notice of closure
published under paragraph (h)(3) of this section through the end of the
calendar year, a commercial fishing vessel of the United States may not
be used to target, retain on board, transship, or land any additional
Pacific bluefin tuna captured in the Convention Area. Any Pacific
bluefin tuna already on board a fishing vessel on the effective date of
the notice may be retained on board, transshipped, and/or landed, to
the extent authorized by applicable laws and regulations, provided such
tuna is landed within 14 days after the effective date published in the
notice of closure.
[FR Doc. 2014-11257 Filed 5-15-14; 8:45 am]
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