80_FR_22232 80 FR 22156 - Fisheries Off West Coast States; Highly Migratory Species Fisheries

80 FR 22156 - Fisheries Off West Coast States; Highly Migratory Species Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 76 (April 21, 2015)

Page Range22156-22158
FR Document2015-09093

The National Marine Fisheries Service (NMFS) is proposing to modify the existing Pacific bluefin tuna (PBF) Thunnus orientalis recreational daily bag limit in the Exclusive Economic Zone (EEZ) off California, and to establish filleting-at-sea requirements for any tuna species in the U.S. EEZ south of Point Conception, Santa Barbara County, under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This action is intended to conserve PBF, and is based on a recommendation of the Pacific Fishery Management Council (Council).

Federal Register, Volume 80 Issue 76 (Tuesday, April 21, 2015)
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Proposed Rules]
[Pages 22156-22158]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09093]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150305219-5219-01]
RIN 0648-BE78


Fisheries Off West Coast States; Highly Migratory Species 
Fisheries

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The National Marine Fisheries Service (NMFS) is proposing to 
modify the existing Pacific bluefin tuna (PBF) Thunnus orientalis 
recreational daily bag limit in the Exclusive Economic Zone (EEZ) off 
California, and to establish filleting-at-sea requirements for any tuna 
species in the U.S. EEZ south of Point Conception, Santa Barbara 
County, under the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA). This action is intended to conserve PBF, and is based on a 
recommendation of the Pacific Fishery Management Council (Council).

DATES: Comments on the proposed rule must be submitted in writing by 
May 6, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0029, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0029, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Craig Heberer, NMFS West 
Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long 
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2015-0029'' 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 eRulemaking Portal: 
http://www.regulations.gov, docket NOAA-NMFS-2015-0029, or contact the 
Regional Administrator, William W. Stelle, Jr., NMFS West Coast 
Regional Office, 7600 Sand Point Way, NE., Bldg 1, Seattle, WA. 98115-
0070, or [email protected].

FOR FURTHER INFORMATION CONTACT: Craig Heberer, NMFS, 760-431-9440, 
ext. 303.

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule (69 FR 18444) to implement the Fishery Management Plan for U.S. 
West Coast Fisheries for Highly Migratory Species (HMS FMP) that 
included annual specification guidelines at 50 CFR 660.709. These 
guidelines establish a process for the Council to take final action at 
its regularly-scheduled November meeting on any necessary harvest 
guideline, quota, or other management measure and recommend any such 
action to NMFS. At their November 2014, meeting, the Council adopted a 
recommendation (http://www.pcouncil.org/wp-content/uploads/1114decisions.pdf) to modify the existing daily bag limit regulations 
at 50 CFR 660.721 for sport caught PBF harvested in the EEZ off the 
coast of California and to promulgate at-sea fillet regulations 
applicable south of Santa Barbara as routine management measures for 
the 2014-2015 biennial management cycle. The Council's recommendation 
and NMFS' proposed rulemaking are intended to reduce fishing mortality 
and aid in rebuilding the PBF stock, which is overfished and subject to 
overfishing (78 FR 41033, July 9, 2013; 80 FR 12621, March 9, 2015) and 
to satisfy the United States' obligation to reduce catches of PBF by 
sportfishing vessels in accordance with Inter-American Tropical Tuna 
Commission (IATTC) Resolution C-14-06. (http://www.iattc.org/PDFFiles2/Resolutions/C-14-06-Conservation-of-bluefin-2015-2016.pdf).
    Resolution C-14-06 requires that ``in 2015, all IATTC Members and 
Cooperating non-Members (CPCs) must take meaningful measures to reduce 
catches of PBF by sportfishing vessels operating under their 
jurisdiction to levels comparable to the levels of reduction applied 
under this resolution to the EPO commercial fisheries until such time 
that the stock is rebuilt.'' The proposed daily bag limit of two fish 
per day being considered under this proposed rule would reduce the U.S. 
recreational harvest of PBF by approximately 30 percent, which is 
consistent with the IATTC scientific staff's conservation 
recommendation for a 20-45 percent PBF harvest reduction and meets the 
requirements of IATTC Resolution C-14-06. The filleting-at-sea

[[Page 22157]]

measures will assist in the enforcement of the proposed regulations by 
enabling enforcement personnel to differentiate PBF from other tuna 
species. This proposed rule is consistent with procedures established 
at 50 CFR 660.709(a)(4) of the implementing regulations for the HMS 
FMP.
    The proposed regulations would reduce the existing bag limit of 10 
PBF per day to 2 PBF per day and the maximum multiday possession limit 
(i.e., for trips of 3 days or more) from 30 PBF to 6 PBF. For fishing 
trips of less than 3 days, the daily bag limit is multiplied by the 
number of days fishing to determine the multiday possession limit 
(e.g., the possession limit for a 1-day trip would be two fish and for 
a 2-day trip, four fish). A day is defined as a 24-hour period from the 
time of departure. Thus a trip spanning 2 calendar days could count as 
only 1 day for the purpose of enforcing possession limits.
    Most PBF caught by U.S. anglers are taken in the EEZ of Mexico, 
both on private vessels and on Commercial Passenger Fishing Vessels 
(CPFV). The bulk of these trips originate from and return to San Diego, 
CA, ports. During 2004 through 2013, approximately 78 percent of the 
fishing effort for PBF (measured by angler days) by U.S. West Coast 
recreational fishing vessels occurred in Mexico's EEZ. Fishing by U.S. 
recreational vessels in Mexico's EEZ is a permitted activity that is 
subject to management by the Government of Mexico, which has imposed 
bag and possession limits.
    The daily bag and multiday possession limits being proposed for the 
U.S. EEZ off the coast of California might be more or less conservative 
than Mexico's limits. The proposed U.S. recreational limits would not 
apply to U.S. anglers while in Mexico's waters, but to facilitate 
enforcement and monitoring, the limits would apply to U.S. vessels in 
the U.S. EEZ or landing to U.S. ports, regardless of where the fish 
were harvested.
    The proposed regulations would also establish requirements for 
filleting tuna at-sea (e.g., each fish must be cut into six pieces 
placed in an individual bag so that certain diagnostic characteristics 
are left intact), which will assist law enforcement personnel in 
accurately identifying different species given morphometric and 
phenotypic similarities between tuna species, specifically, yellowfin 
(Thunnus albacares) and PBF. These requirements would apply to any tuna 
species caught south of Santa Barbara (i.e., south of a line running 
west true from Point Conception, Santa Barbara County (34[deg]27' N. 
lat.)) In addition to enhancing enforcement, the proposed fillet 
measures would also assist port samplers and fishery biologists 
conducting fishery surveys in accurately identifying tuna species.
    The State of California has informed NMFS that it intends to 
implement companion regulations to the Federal regulations being 
proposed here by imposing daily PBF bag limits applicable to 
recreational angling and possession of fish in state waters (0-3 nm). 
Currently, California State regulations allow, by special permit, the 
retention of up to three daily bag limits for a trip occurring over 
multiple, consecutive days. California State regulations also allow for 
two or more persons angling for finfish aboard a vessel in ocean waters 
off California to continue fishing until boat limits are reached. NMFS 
and the Council consider these additional state restrictions to be 
consistent with Federal regulations implementing the HMS FMP, including 
this proposed rule if implemented. The proposed fillet requirements 
differ from current State of California requirements, which allow tuna 
filleting as long as a 1-inch square patch of skin is left on the 
fillet.
    Several comments received during public scoping for this action 
called for an exception to the fillet requirements for skipjack tuna, 
Katsuwonus pelamis. The Council recommendation to NMFS did not provide 
an exception for skipjack tuna. However, the California Fish and Game 
Commission is considering a possible exception, such that skipjack tuna 
taken from and possessed aboard a vessel south of Point Conception 
(Santa Barbara County) may be processed by removing the entire fillet 
on each side and shall bear the entire skin attached. Skipjack tuna 
possess distinct horizontal bands on their belly that remain visible 
and distinct allowing for accurate identification, even after the fish 
or fillet has been frozen. NMFS is seeking further guidance from the 
public on the issue of a possible exception to the proposed fillet 
requirements for skipjack tuna.
    The proposed rule would apply only to recreational fisheries in 
Federal waters off California. Although PBF are occasionally caught and 
retained in Oregon and Washington, the catches are negligible. 
Therefore, the benefits expected from monitoring and regulating PBF 
catch in waters off those states does not justify the administrative or 
regulatory burden of doing so.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has determined that this proposed rule is consistent with 
the HMS FMP, other provisions of the Act, and other applicable law, 
subject to further consideration after public comment.

National Environmental Policy Act

    The Council prepared an environmental assessment (EA) for this 
action that discusses the impact on the environment as a result of this 
proposed rule. None of the bag and possession limit alternatives 
analyzed in the EA are expected to jeopardize the sustainability of the 
PBF. However, the preferred alternative, which reflects the action 
proposed in this rule, is likely to have negative economic impacts on 
the affected fishing communities. The alternatives, including the 
preferred alternative, for tuna filleting procedures are not expected 
to result in significant socioeconomic impacts.

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    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 implemented, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination under the Regulatory 
Flexibility Act (RFA) is as follows:
    The proposed regulations would reduce the existing bag limit of 10 
PBF per day to 2 PBF per day and the maximum multiday possession limit 
(i.e., for trips of 3 days or more) from 30 PBF to 6 PBF. For fishing 
trips of less than 3 days, the daily bag limit is multiplied by the 
number of days fishing to determine the multiday possession limit 
(e.g., the possession limit for a 1-day trip would be two fish and for 
a 2-day trip, four fish). These limits will apply to recreational 
anglers in U.S. waters off the West Coast or any other ocean waters 
that return to U.S. waters and/or ports. This rule also proposes that 
tunas caught by recreational anglers to be filleted according to 
specified configurations for bag limit monitoring and enforcement 
purposes.
    This proposed rule, if implemented, would not be expected to 
directly affect any small entities. This proposed rule would change the 
PBF recreational bag

[[Page 22158]]

limit and the filleting requirements for caught tuna, which affects 
only individual recreational anglers. Recreational anglers, by 
definition, may not sell catch, and thus are not considered to be a 
business. Because recreational anglers are not considered to be a small 
entity under the RFA, the economic effects of this proposed rule on 
these anglers are outside the scope of the RFA. Although the for-hire 
sector of the sport fishery may experience indirect economic impacts 
due to the imposition of reduced daily bag and possession limits, those 
impacts are not required elements of the RFA analysis for this action.
    Because this proposed rule, if implemented, would not be expected 
to have a significant direct adverse economic effect on a substantial 
number of small entities, an initial regulatory flexibility analysis is 
not required and none has been prepared.

Paperwork Reduction Act

    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 existing requirements have been approved by the Office of 
Management and Budget under Control Number 0648-0204.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 15, 2015.
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 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF THE WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.

0
2. In Sec.  660.721, revise the section heading, introductory text, 
paragraph (a) introductory text and paragraph (b), and add paragraph 
(e) to read as follows:


Sec.  660.721  Recreational fishing bag limits and filleting 
requirements.

    This section applies to recreational fishing for albacore tuna in 
the U.S. EEZ off the coast of California, Oregon, and Washington and 
for bluefin tuna in the U.S. EEZ off the coast of California. In 
addition to individual fishermen, the operator of a U.S. sportsfishing 
vessel that fishes for albacore or bluefin tuna is responsible for 
ensuring that the bag and possession limits of this section are not 
exceeded. The bag limits of this section apply on the basis of each 24-
hour period at sea, regardless of the number of trips per day. The 
provisions of this section do not authorize any person to take and 
retain more than one daily bag limit of fish during 1 calendar day. 
Federal recreational HMS regulations are not intended to supersede any 
more restrictive state recreational HMS regulations relating to 
federally-managed HMS.
    (a) Albacore Tuna Daily Bag Limit. Except pursuant to a multi-day 
possession permit referenced in paragraph (c) of this section, a 
recreational fisherman may take and retain, or possess onboard no more 
than:
* * * * *
    (b) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take 
and retain, or possess on board no more than two bluefin tuna during 
any part of a fishing trip that occurs in the U.S. EEZ off California 
south of a line running due west true from the California-Oregon border 
[42[deg]00' N. latitude].
* * * * *
    (e) Restrictions on Filleting of Tuna South of Point Conception. 
South of a line running due west true from Point Conception, Santa 
Barbara County (34[deg]27' N. latitude) to the U.S.-Mexico border, any 
tuna that has been filleted must be individually bagged as follows:
    (1) The bag must be marked with the species' common name, and
    (2) the fish must be cut into the following six pieces with all 
skin attached: the four loins, the collar removed as one piece with 
both pectoral fins attached and intact, and the belly cut to include 
the vent and with both pelvic fins attached and intact.

[FR Doc. 2015-09093 Filed 4-20-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                22156                    Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules

                                                be set and what the scope of coverage                         Proposed rule; request for
                                                                                                        ACTION:                                                Stelle, Jr., NMFS West Coast Regional
                                                should be.                                              comments.                                              Office, 7600 Sand Point Way, NE., Bldg
                                                  5. Are there any other changes or                                                                            1, Seattle, WA. 98115–0070, or
                                                refinements that the BLM should                         SUMMARY:    The National Marine                        RegionalAdministrator.WCRHMS@
                                                consider to its current oil and gas                     Fisheries Service (NMFS) is proposing                  noaa.gov.
                                                bonding, surety and financial                           to modify the existing Pacific bluefin
                                                                                                        tuna (PBF) Thunnus orientalis                          FOR FURTHER INFORMATION CONTACT:
                                                arrangement requirements?                                                                                      Craig Heberer, NMFS, 760–431–9440,
                                                                                                        recreational daily bag limit in the
                                                Civil Penalty Assessments                               Exclusive Economic Zone (EEZ) off                      ext. 303.
                                                                                                        California, and to establish filleting-at-             SUPPLEMENTARY INFORMATION: On April
                                                   The BLM is interested in receiving
                                                feedback on the following questions                     sea requirements for any tuna species in               7, 2004, NMFS published a final rule
                                                related to changes to the current caps on               the U.S. EEZ south of Point Conception,                (69 FR 18444) to implement the Fishery
                                                civil penalty assessments:                              Santa Barbara County, under the                        Management Plan for U.S. West Coast
                                                   1. Should the current regulatory caps                Magnuson-Stevens Fishery                               Fisheries for Highly Migratory Species
                                                on the amount of civil penalties that                   Conservation and Management Act                        (HMS FMP) that included annual
                                                may be assessed be removed?                             (MSA). This action is intended to                      specification guidelines at 50 CFR
                                                   2. If regulatory caps on the maximum                 conserve PBF, and is based on a                        660.709. These guidelines establish a
                                                amount of civil penalty assessments                     recommendation of the Pacific Fishery                  process for the Council to take final
                                                should remain, at what level should                     Management Council (Council).                          action at its regularly-scheduled
                                                they be set to adequately deter improper                DATES: Comments on the proposed rule                   November meeting on any necessary
                                                action—in particular, drilling without                  must be submitted in writing by May 6,                 harvest guideline, quota, or other
                                                an approved APD or drilling into                        2015.                                                  management measure and recommend
                                                Federal leases in knowing or willful                    ADDRESSES: You may submit comments
                                                                                                                                                               any such action to NMFS. At their
                                                trespass?                                               on this document, identified by NOAA–                  November 2014, meeting, the Council
                                                                                                        NMFS–2015–0029, by any of the                          adopted a recommendation (http://
                                                Non-Penalty Assessments and Trespass                                                                           www.pcouncil.org/wp-content/uploads/
                                                                                                        following methods:
                                                   1. In addition to the caps on civil                     • Electronic Submission: Submit all                 1114decisions.pdf) to modify the
                                                penalties set forth at 43 CFR 3163.2,                   electronic public comments via the                     existing daily bag limit regulations at 50
                                                should the BLM consider revising any of                 Federal e-Rulemaking Portal. Go to                     CFR 660.721 for sport caught PBF
                                                the assessments set forth in 43 CFR                     http://www.regulations.gov/                            harvested in the EEZ off the coast of
                                                3163.1? If so, what changes should be                   #!docketDetail;D=NOAA-NMFS-2015-                       California and to promulgate at-sea fillet
                                                made and on what basis?                                 0029, click the ‘‘Comment Now!’’ icon,                 regulations applicable south of Santa
                                                   2. Should the BLM consider revising                  complete the required fields, and enter                Barbara as routine management
                                                its oil trespass regulations set forth at 43            or attach your comments.                               measures for the 2014–2015 biennial
                                                CFR 9239.5–2? If so, what changes                          • Mail: Submit written comments to                  management cycle. The Council’s
                                                should be made and on what basis?                       Craig Heberer, NMFS West Coast Region                  recommendation and NMFS’ proposed
                                                   In addition to the specific information              Long Beach Office, 501 W. Ocean Blvd.,                 rulemaking are intended to reduce
                                                requests identified above, the BLM is                   Suite 4200, Long Beach, CA 90802.                      fishing mortality and aid in rebuilding
                                                also interested in receiving any other                  Include the identifier ‘‘NOAA–NMFS–                    the PBF stock, which is overfished and
                                                comments you may have regarding                         2015–0029’’ in the comments.                           subject to overfishing (78 FR 41033, July
                                                royalty rates, annual rental payments,                     Instructions: Comments must be                      9, 2013; 80 FR 12621, March 9, 2015)
                                                minimum acceptable bids, bonding                        submitted by one of the above methods                  and to satisfy the United States’
                                                requirements, or the current regulatory                 to ensure they are received,                           obligation to reduce catches of PBF by
                                                caps on civil penalty assessments for                   documented, and considered by NMFS.                    sportfishing vessels in accordance with
                                                BLM-managed oil and gas leases.                         Comments sent by any other method, to                  Inter-American Tropical Tuna
                                                                                                        any other address or individual, or                    Commission (IATTC) Resolution C–14–
                                                Janice M. Schneider,                                    received after the end of the comment                  06. (http://www.iattc.org/PDFFiles2/
                                                Assistant Secretary, Land and Minerals                  period, may not be considered. All                     Resolutions/C-14-06-Conservation-of-
                                                Management.                                             comments received are a part of the                    bluefin-2015-2016.pdf).
                                                [FR Doc. 2015–09033 Filed 4–20–15; 8:45 am]             public record and will generally be                       Resolution C–14–06 requires that ‘‘in
                                                BILLING CODE 4310–84–P                                  posted for public viewing on                           2015, all IATTC Members and
                                                                                                        www.regulations.gov without change.                    Cooperating non-Members (CPCs) must
                                                                                                        All personal identifying information                   take meaningful measures to reduce
                                                DEPARTMENT OF COMMERCE                                  (e.g., name, address, etc.) submitted                  catches of PBF by sportfishing vessels
                                                                                                        voluntarily by the sender will be                      operating under their jurisdiction to
                                                National Oceanic and Atmospheric                        publicly accessible. Do not submit                     levels comparable to the levels of
                                                Administration                                          confidential business information, or                  reduction applied under this resolution
                                                                                                        otherwise sensitive or protected                       to the EPO commercial fisheries until
                                                50 CFR Part 660                                         information. NMFS will accept                          such time that the stock is rebuilt.’’ The
                                                [Docket No. 150305219–5219–01]                          anonymous comments (enter ‘‘N/A’’ in                   proposed daily bag limit of two fish per
                                                                                                        the required fields if you wish to remain              day being considered under this
                                                RIN 0648–BE78
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                        anonymous).                                            proposed rule would reduce the U.S.
                                                                                                           Copies of the draft Regulatory Impact               recreational harvest of PBF by
                                                Fisheries Off West Coast States;
                                                                                                        Review (RIR) and other supporting                      approximately 30 percent, which is
                                                Highly Migratory Species Fisheries
                                                                                                        documents are available via the Federal                consistent with the IATTC scientific
                                                AGENCY:  National Marine Fisheries                      eRulemaking Portal: http://                            staff’s conservation recommendation for
                                                Service (NMFS), National Oceanic and                    www.regulations.gov, docket NOAA–                      a 20–45 percent PBF harvest reduction
                                                Atmospheric Administration (NOAA),                      NMFS–2015–0029, or contact the                         and meets the requirements of IATTC
                                                Commerce.                                               Regional Administrator, William W.                     Resolution C–14–06. The filleting-at-sea


                                           VerDate Sep<11>2014   17:28 Apr 20, 2015   Jkt 235001   PO 00000   Frm 00021   Fmt 4702   Sfmt 4702   E:\FR\FM\21APP1.SGM   21APP1


                                                                         Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules                                            22157

                                                measures will assist in the enforcement                 (34°27′ N. lat.)) In addition to enhancing             Classification
                                                of the proposed regulations by enabling                 enforcement, the proposed fillet                         Pursuant to section 304(b)(1)(A) of the
                                                enforcement personnel to differentiate                  measures would also assist port                        MSA, the NMFS Assistant
                                                PBF from other tuna species. This                       samplers and fishery biologists                        Administrator has determined that this
                                                proposed rule is consistent with                        conducting fishery surveys in accurately               proposed rule is consistent with the
                                                procedures established at 50 CFR                        identifying tuna species.                              HMS FMP, other provisions of the Act,
                                                660.709(a)(4) of the implementing                                                                              and other applicable law, subject to
                                                                                                           The State of California has informed
                                                regulations for the HMS FMP.                                                                                   further consideration after public
                                                   The proposed regulations would                       NMFS that it intends to implement
                                                                                                        companion regulations to the Federal                   comment.
                                                reduce the existing bag limit of 10 PBF
                                                per day to 2 PBF per day and the                        regulations being proposed here by                     National Environmental Policy Act
                                                maximum multiday possession limit                       imposing daily PBF bag limits
                                                                                                                                                                  The Council prepared an
                                                (i.e., for trips of 3 days or more) from 30             applicable to recreational angling and
                                                                                                                                                               environmental assessment (EA) for this
                                                PBF to 6 PBF. For fishing trips of less                 possession of fish in state waters (0–3
                                                                                                                                                               action that discusses the impact on the
                                                than 3 days, the daily bag limit is                     nm). Currently, California State                       environment as a result of this proposed
                                                multiplied by the number of days                        regulations allow, by special permit, the              rule. None of the bag and possession
                                                fishing to determine the multiday                       retention of up to three daily bag limits              limit alternatives analyzed in the EA are
                                                possession limit (e.g., the possession                  for a trip occurring over multiple,                    expected to jeopardize the sustainability
                                                limit for a 1-day trip would be two fish                consecutive days. California State                     of the PBF. However, the preferred
                                                and for a 2-day trip, four fish). A day is              regulations also allow for two or more                 alternative, which reflects the action
                                                defined as a 24-hour period from the                    persons angling for finfish aboard a                   proposed in this rule, is likely to have
                                                time of departure. Thus a trip spanning                 vessel in ocean waters off California to               negative economic impacts on the
                                                2 calendar days could count as only 1                   continue fishing until boat limits are                 affected fishing communities. The
                                                day for the purpose of enforcing                        reached. NMFS and the Council                          alternatives, including the preferred
                                                possession limits.                                      consider these additional state                        alternative, for tuna filleting procedures
                                                   Most PBF caught by U.S. anglers are                  restrictions to be consistent with                     are not expected to result in significant
                                                taken in the EEZ of Mexico, both on                     Federal regulations implementing the                   socioeconomic impacts.
                                                private vessels and on Commercial                       HMS FMP, including this proposed rule
                                                Passenger Fishing Vessels (CPFV). The                                                                          Executive Order 12866
                                                                                                        if implemented. The proposed fillet
                                                bulk of these trips originate from and                  requirements differ from current State of                This proposed rule has been
                                                return to San Diego, CA, ports. During                  California requirements, which allow                   determined to be not significant for
                                                2004 through 2013, approximately 78                     tuna filleting as long as a 1-inch square              purposes of Executive Order 12866.
                                                percent of the fishing effort for PBF                   patch of skin is left on the fillet.
                                                (measured by angler days) by U.S. West                                                                         Regulatory Flexibility Act
                                                Coast recreational fishing vessels                         Several comments received during                       The Chief Counsel for Regulation of
                                                occurred in Mexico’s EEZ. Fishing by                    public scoping for this action called for              the Department of Commerce certified
                                                U.S. recreational vessels in Mexico’s                   an exception to the fillet requirements                to the Chief Counsel for Advocacy of the
                                                EEZ is a permitted activity that is                     for skipjack tuna, Katsuwonus pelamis.                 Small Business Administration (SBA)
                                                subject to management by the                            The Council recommendation to NMFS                     that this proposed rule, if implemented,
                                                Government of Mexico, which has                         did not provide an exception for                       would not have a significant economic
                                                imposed bag and possession limits.                      skipjack tuna. However, the California                 impact on a substantial number of small
                                                   The daily bag and multiday                           Fish and Game Commission is                            entities. The factual basis for this
                                                possession limits being proposed for the                considering a possible exception, such                 determination under the Regulatory
                                                U.S. EEZ off the coast of California                    that skipjack tuna taken from and                      Flexibility Act (RFA) is as follows:
                                                might be more or less conservative than                 possessed aboard a vessel south of Point                  The proposed regulations would
                                                Mexico’s limits. The proposed U.S.                      Conception (Santa Barbara County) may                  reduce the existing bag limit of 10 PBF
                                                recreational limits would not apply to                  be processed by removing the entire                    per day to 2 PBF per day and the
                                                U.S. anglers while in Mexico’s waters,                  fillet on each side and shall bear the                 maximum multiday possession limit
                                                but to facilitate enforcement and                       entire skin attached. Skipjack tuna                    (i.e., for trips of 3 days or more) from 30
                                                monitoring, the limits would apply to                   possess distinct horizontal bands on                   PBF to 6 PBF. For fishing trips of less
                                                U.S. vessels in the U.S. EEZ or landing                 their belly that remain visible and                    than 3 days, the daily bag limit is
                                                to U.S. ports, regardless of where the                  distinct allowing for accurate                         multiplied by the number of days
                                                fish were harvested.                                    identification, even after the fish or fillet          fishing to determine the multiday
                                                   The proposed regulations would also                  has been frozen. NMFS is seeking                       possession limit (e.g., the possession
                                                establish requirements for filleting tuna               further guidance from the public on the                limit for a 1-day trip would be two fish
                                                at-sea (e.g., each fish must be cut into                issue of a possible exception to the                   and for a 2-day trip, four fish). These
                                                six pieces placed in an individual bag                                                                         limits will apply to recreational anglers
                                                                                                        proposed fillet requirements for skipjack
                                                so that certain diagnostic characteristics                                                                     in U.S. waters off the West Coast or any
                                                                                                        tuna.
                                                are left intact), which will assist law                                                                        other ocean waters that return to U.S.
                                                enforcement personnel in accurately                        The proposed rule would apply only                  waters and/or ports. This rule also
                                                identifying different species given                     to recreational fisheries in Federal                   proposes that tunas caught by
                                                                                                        waters off California. Although PBF are
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                                                morphometric and phenotypic                                                                                    recreational anglers to be filleted
                                                similarities between tuna species,                      occasionally caught and retained in                    according to specified configurations for
                                                specifically, yellowfin (Thunnus                        Oregon and Washington, the catches are                 bag limit monitoring and enforcement
                                                albacares) and PBF. These requirements                  negligible. Therefore, the benefits                    purposes.
                                                would apply to any tuna species caught                  expected from monitoring and                              This proposed rule, if implemented,
                                                south of Santa Barbara (i.e., south of a                regulating PBF catch in waters off those               would not be expected to directly affect
                                                line running west true from Point                       states does not justify the administrative             any small entities. This proposed rule
                                                Conception, Santa Barbara County                        or regulatory burden of doing so.                      would change the PBF recreational bag


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                                                22158                    Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules

                                                limit and the filleting requirements for                Washington and for bluefin tuna in the                 DEPARTMENT OF COMMERCE
                                                caught tuna, which affects only                         U.S. EEZ off the coast of California. In
                                                individual recreational anglers.                        addition to individual fishermen, the                  National Oceanic and Atmospheric
                                                Recreational anglers, by definition, may                operator of a U.S. sportsfishing vessel                Administration
                                                not sell catch, and thus are not                        that fishes for albacore or bluefin tuna
                                                considered to be a business. Because                    is responsible for ensuring that the bag               50 CFR Part 665
                                                recreational anglers are not considered                 and possession limits of this section are
                                                to be a small entity under the RFA, the                                                                        [Docket No. 140113035–5354–01]
                                                                                                        not exceeded. The bag limits of this
                                                economic effects of this proposed rule                  section apply on the basis of each 24-                 RIN 0648–XD082
                                                on these anglers are outside the scope of               hour period at sea, regardless of the
                                                the RFA. Although the for-hire sector of                number of trips per day. The provisions                Pacific Island Fisheries; 2014–15
                                                the sport fishery may experience                        of this section do not authorize any                   Annual Catch Limits and
                                                indirect economic impacts due to the                                                                           Accountability Measures; Main
                                                                                                        person to take and retain more than one
                                                imposition of reduced daily bag and                                                                            Hawaiian Islands Deep 7 Bottomfish
                                                                                                        daily bag limit of fish during 1 calendar
                                                possession limits, those impacts are not
                                                required elements of the RFA analysis                   day. Federal recreational HMS                          AGENCY:  National Marine Fisheries
                                                for this action.                                        regulations are not intended to                        Service (NMFS), National Oceanic and
                                                   Because this proposed rule, if                       supersede any more restrictive state                   Atmospheric Administration (NOAA),
                                                implemented, would not be expected to                   recreational HMS regulations relating to               Commerce.
                                                have a significant direct adverse                       federally-managed HMS.                                 ACTION: Proposed specifications; request
                                                economic effect on a substantial number                    (a) Albacore Tuna Daily Bag Limit.                  for comments.
                                                of small entities, an initial regulatory                Except pursuant to a multi-day
                                                flexibility analysis is not required and                possession permit referenced in                        SUMMARY:    NMFS proposes to specify an
                                                none has been prepared.                                 paragraph (c) of this section, a                       annual catch limit (ACL) of 346,000 lb
                                                                                                        recreational fisherman may take and                    for Deep 7 bottomfish in the main
                                                Paperwork Reduction Act                                                                                        Hawaiian Islands (MHI) for the 2014–15
                                                                                                        retain, or possess onboard no more than:
                                                  There are no new collection-of-                                                                              fishing year. If the ACL is projected to
                                                information requirements associated                     *      *     *    *     *                              be reached, NMFS would close the
                                                with this action that are subject to the                   (b) Bluefin Tuna Daily Bag Limit. A                 commercial and non-commercial
                                                Paperwork Reduction Act, existing                       recreational fisherman may take and                    fisheries for MHI Deep 7 bottomfish for
                                                collection-of-information requirements                  retain, or possess on board no more than               the remainder of the fishing year. The
                                                associated with the U.S. West Coast                     two bluefin tuna during any part of a                  proposed specifications and fishery
                                                Highly Migratory Species Fishery                        fishing trip that occurs in the U.S. EEZ               closure support the long-term
                                                Management Plan still apply. These                      off California south of a line running                 sustainability of Hawaii bottomfish.
                                                existing requirements have been                         due west true from the California-                     DATES: NMFS must receive comments
                                                approved by the Office of Management                    Oregon border [42°00′ N. latitude].                    by May 6, 2015.
                                                and Budget under Control Number                                                                                ADDRESSES: You may submit comments
                                                                                                        *      *     *    *     *
                                                0648–0204.                                                                                                     on this document, identified by NOAA–
                                                                                                           (e) Restrictions on Filleting of Tuna
                                                List of Subjects in 50 CFR Part 660                                                                            NMFS–2013–0174, by either of the
                                                                                                        South of Point Conception. South of a                  following methods:
                                                  Fisheries, Fishing, Reporting and                     line running due west true from Point                     • Electronic Submission: Submit all
                                                recordkeeping requirements.                             Conception, Santa Barbara County                       electronic public comments via the
                                                  Dated: April 15, 2015.                                (34°27′ N. latitude) to the U.S.-Mexico                Federal e-Rulemaking Portal. Go to
                                                Samuel D. Rauch III,                                    border, any tuna that has been filleted                http://www.regulations.gov/
                                                Deputy Assistant Administrator for                      must be individually bagged as follows:                #!docketDetail;D=NOAA-NMFS-2013-
                                                Regulatory Programs, National Marine                       (1) The bag must be marked with the                 0174, click the ‘‘Comment Now!’’ icon,
                                                Fisheries Service.                                      species’ common name, and                              complete the required fields, and enter
                                                  For the reasons set out in the                                                                               or attach your comments.
                                                                                                           (2) the fish must be cut into the
                                                preamble, 50 CFR part 660 is proposed                                                                             • Mail: Send written comments to
                                                                                                        following six pieces with all skin
                                                to be amended as follows:                                                                                      Michael D. Tosatto, Regional
                                                                                                        attached: the four loins, the collar
                                                                                                                                                               Administrator, NMFS Pacific Islands
                                                                                                        removed as one piece with both pectoral                Region (PIR), 1845 Wasp Blvd. Bldg.
                                                PART 660—FISHERIES OFF THE WEST
                                                                                                        fins attached and intact, and the belly                176, Honolulu, HI 96818.
                                                COAST STATES
                                                                                                        cut to include the vent and with both                     Instructions: NMFS may not consider
                                                ■ 1. The authority citation for part 660                pelvic fins attached and intact.                       comments sent by any other method, to
                                                continues to read as follows:                           [FR Doc. 2015–09093 Filed 4–20–15; 8:45 am]            any other address or individual, or
                                                  Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.          BILLING CODE 3510–22–P                                 received after the end of the comment
                                                773 et seq., and 16 U.S.C. 7001 et seq.                                                                        period. All comments received are a
                                                ■ 2. In § 660.721, revise the section                                                                          part of the public record and will
                                                heading, introductory text, paragraph (a)                                                                      generally be posted for public viewing
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                                                introductory text and paragraph (b), and                                                                       on www.regulations.gov without change.
                                                add paragraph (e) to read as follows:                                                                          All personal identifying information
                                                                                                                                                               (e.g., name, address, etc.), confidential
                                                § 660.721 Recreational fishing bag limits                                                                      business information, or otherwise
                                                and filleting requirements.                                                                                    sensitive information submitted
                                                   This section applies to recreational                                                                        voluntarily by the sender will be
                                                fishing for albacore tuna in the U.S. EEZ                                                                      publicly accessible. NMFS will accept
                                                off the coast of California, Oregon, and                                                                       anonymous comments (enter ‘‘N/A’’ in


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Document Created: 2015-12-16 08:33:07
Document Modified: 2015-12-16 08:33:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments on the proposed rule must be submitted in writing by May 6, 2015.
ContactCraig Heberer, NMFS, 760-431-9440, ext. 303.
FR Citation80 FR 22156 
RIN Number0648-BE78
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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