80_FR_39116 80 FR 38986 - International Fisheries; Pacific Tuna Fisheries; 2015 and 2016 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean

80 FR 38986 - International Fisheries; Pacific Tuna Fisheries; 2015 and 2016 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 130 (July 8, 2015)

Page Range38986-38989
FR Document2015-16720

The National Marine Fisheries Service (NMFS) is issuing regulations under the Tuna Conventions Act to implement Resolution C- 14-06 of the Inter-American Tropical Tuna Commission (IATTC or the Commission) by establishing limits on U.S. commercial catch of Pacific bluefin tuna from waters of the IATTC Convention Area for 2015 and 2016. This action is necessary for the United States to satisfy its obligations as a member of the IATTC.

Federal Register, Volume 80 Issue 130 (Wednesday, July 8, 2015)
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38986-38989]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 141222999-5561-02]
RIN 0648-BE71


International Fisheries; Pacific Tuna Fisheries; 2015 and 2016 
Commercial 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: The National Marine Fisheries Service (NMFS) is issuing 
regulations under the Tuna Conventions Act to implement Resolution C-
14-06 of the Inter-American Tropical Tuna Commission (IATTC or the 
Commission) by establishing limits on U.S. commercial catch of Pacific 
bluefin tuna from waters of the IATTC Convention Area for 2015 and 
2016. This action is necessary for the United States to satisfy its 
obligations as a member of the IATTC.

DATES: The final rule is effective July 9, 2015.

ADDRESSES: Copies of the Regulatory Impact Review (RIR), Environmental 
Assessment, and other supporting documents are available via the 
Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-
NMFS-2014-0151, or contact with the Regional Administrator, William W. 
Stelle, Jr., NMFS West Coast Region, 7600 Sand Point Way NE., Bldg 1, 
Seattle, WA 98115-0070, or [email protected].

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

SUPPLEMENTARY INFORMATION: 

Background

    On March 9, 2015, NMFS published a proposed rule in the Federal 
Register (80 FR 12375) to revise regulations at 50 CFR part 300, 
subpart C, to implement Resolution C-14-06, ``Measures for the 
Conservation and Management of Bluefin Tuna in the Eastern Pacific 
Ocean, 2015-2016.'' This resolution was adopted by the IATTC at its 
88th meeting in October 2014. The public comment period was open until 
April 8, 2015, and NMFS accepted public comment at a hearing held at 
the NMFS West Coast Region Long Beach office on March 26, 2015. 
Additionally, NMFS solicited public comment on the proposed trip 
limits, which are a new management tool in U.S. West Coast management 
of fisheries for Pacific bluefin tuna. The proposed trip limits were 
based on a recommendation from the Pacific Fishery Management Council 
(Council) at its November 2014 meeting.
    The final rule is implemented under the authority of the Tuna 
Conventions Act (16 U.S.C. 951 et seq.), which directs the Secretary of 
Commerce, after approval by the Secretary of State, to promulgate 
regulations as may be necessary to implement resolutions adopted by the 
IATTC. This authority has been delegated to NMFS.
    The proposed rule contains additional background information, 
including information on the IATTC, the international obligations of 
the United States as an IATTC member, and the need for regulations. 
Additional information on changes since the proposed rule is included 
below.

New Regulations

    This final rule establishes catch limits for U.S. commercial 
vessels that catch Pacific bluefin tuna in the Convention Area (defined 
as the waters of the eastern Pacific Ocean (EPO)) for 2015 and 2016. 
Since 1998, conservation resolutions adopted by the IATTC have further 
defined the Convention Area as the area bounded by the coast of the 
Americas, the 50[deg] N. and 50[deg] S. parallels, and the 150[deg] W. 
meridian. In 2015, the catch limit for the entire U.S. fleet is 425 
metric tons (mt) with an initial trip limit \1\ of 25 mt per vessel. 
When NMFS anticipates that the total catch for the fleet has reached 
375 mt, NMFS will impose a 2-mt trip limit for each vessel that will be 
in effect until the total catch for 2015 reaches 425 mt. For calendar 
year 2016, NMFS will announce the catch limit in a Federal Register 
notice; NMFS will calculate the 2016 catch limit to ensure compliance 
with Resolution C-14-06 (i.e., not to exceed 425 mt in either year and 
if catch exceeds 300 mt in 2015, then catch will be limited to 200 mt 
in 2016). The 2016 catch limit will be calculated as the remainder from 
the 2015 catch limit (i.e., how much of 425 mt was not

[[Page 38987]]

caught) added to 175 mt, except as follows: (1) If 175 mt or less is 
caught in 2015, then the 2016 catch limit is 425 mt; (2) if greater 
than 300 mt and up to 400 mt are caught in 2015, then the catch limit 
in 2016 will be 200 mt; or (3) if greater than 425 mt is caught in 
2015, then the catch limit in 2016 will be further reduced by the 
amount in excess of 425 mt (i.e., the remainder of the 600 mt limit for 
2015-2016). The fishery in 2016 will also be subject to an initial 25-
mt trip limit until catch is within 50 mt of the 2016 catch limit, 
after which a 2-mt trip limit will be imposed.
---------------------------------------------------------------------------

    \1\ This rule defines ``trip limit'' as the total allowable 
amount of a species by weight of fish that may be retained on board, 
transshipped, or landed during a single fishing trip.
---------------------------------------------------------------------------

    When NMFS determines that the catch limit is expected to be reached 
in 2015 or 2016 (based on landings receipts, data submitted in 
logbooks, and other available fishery information), NMFS will prohibit 
commercial fishing for, or retention of, Pacific bluefin tuna for the 
remainder of the calendar year. NMFS will publish a notice in the 
Federal Register announcing that the targeting, retaining, 
transshipping or landing for Pacific bluefin tuna will be prohibited on 
a specified effective date through the end of that calendar year. Upon 
that effective date, a commercial fishing vessel of the United States 
may not be used to target, retain on board, transship, or land Pacific 
bluefin tuna captured in the Convention Area during the period 
specified in the announcement, with the exception that any Pacific 
bluefin tuna 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.

Catch Monitoring, Catch Limit Announcements

    NMFS will provide updates on Pacific bluefin tuna catches in the 
Convention Area to the public via the IATTC listserv 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 preliminary estimates of Pacific bluefin tuna catch between 
monthly intervals if and when commercial catches approach the limits to 
help participants in the U.S. commercial fishery plan for the 
possibility of catch limits being reached. NMFS will notify industry 
when catch approaches 250 mt in 2015.
    In 2015, NMFS will publish up to two Federal Register notices after 
the final rule is issued, imposing inseason management measures. First, 
NMFS will publish a notice when the commercial 2-mt trip limit is 
imposed (i.e., catch is expected to reach 375 mt). Second, NMFS will 
publish a notice closing the entire commercial fishery when NMFS 
determines that the catch limit is expected to be met.
    In 2016, NMFS will publish up to three notices in the Federal 
Register. The first notice will announce the 2016 catch limit. A second 
notice will announce the 2-mt trip limit, when NMFS determines that the 
commercial catch is expected to be within 50 mt of the catch limit. 
NMFS will publish a third notice in the Federal Register when NMFS 
determines that the catch limit is expected to be reached.

Public Comments and Responses

    NMFS received eight written public comments and additional comments 
from attendees to a public hearing held on March 26, 2015, at the NMFS 
West Coast Region Long Beach office. Comments received were in regard 
to more than one aspect of the rule and some comments were very 
similar; therefore, NMFS is responding to the common themes/topics. The 
responses are summarized below. NMFS did not receive any comments 
objecting to the 2-mt trip limit when catch is within 50 mt of the 
catch limit in either 2015 or 2016. One commenter generally supported 
restrictions on commercial fishing and did not express support or 
objections to specific measures of the proposed rule.
    Comments that were beyond the scope of this rulemaking are not 
addressed here. Nonetheless, some of those comments are valuable and 
NMFS will consider them for future management planning.
    Comment 1: The rule should not include a trip limit (e.g., an 
initial 20-mt trip limit proposed), or should have a higher trip limit 
(e.g., up to 50 mt), because it will lead to discards. In support for 
this point, a commenter noted that a recent record of per trip catches 
from one vessel exceeded the proposed trip limit. The commenter also 
stated that fish in excess of the trip limit that are encircled and 
then released would not survive; therefore, the trip limits do not 
promote management measures to reduce fishing mortality. Additionally, 
the ability of vessel operators to catch a small quantity is uncertain. 
If only large schools are present, the vessel operators may have to 
forgo catching Pacific bluefin tuna. A comment received at the public 
hearing also recommended a higher trip limit.
    Response: NMFS agrees that an increase in the trip limit from 20 mt 
to 25 mt is warranted (for an explanation of the rationale, please see 
the next section, Changes from the Proposed Rule). NMFS anticipates 
that increasing the trip limit from the proposed 20 mt to 25 mt will 
reduce the potential for discards while still sufficiently reducing the 
rate of harvest to meet the management objectives of providing access 
to, without exceeding, the full catch limit. Increasing the trip limit 
beyond 25 mt would make monitoring and timely closure more difficult. 
Regarding mortality of released fish, other comments received suggest 
vessel operators could target smaller schools and fish could survive 
brailing operations. NMFS is unaware of any studies that refute this 
anecdotal information.
    Comment 2: NMFS should adopt an initial trip limit (e.g., 20-mt 
trip limit) as proposed because it may alleviate derby-style fishing 
pressures and the potential for excess supply of Pacific bluefin tuna, 
and therefore, could make fishery more profitable. In particular, 
slowing the harvest rate could support development of a local fresh-
frozen market for Pacific bluefin tuna in California, whereas large 
sets are only suitable for canning. Commenters also specifically 
supported 20 mt as the initial trip limit. The 20-mt trip limit is a 
good an inseason management tool to ensure that catch limits are not 
exceeded and reduce the potential for a fishery closure that could 
require discarding of incidentally caught PBF. A skilled purse seine 
captain can estimate the size of a set, and release fish alive during 
the brailing operation, if needed. One commenter suggested trip limits 
should only be imposed for the short-term, while the overall catch 
limit is so low.
    Response: NMFS agrees that the initial trip limit (e.g., 20 mt) is 
a useful management tool in this situation. As explained in the 
Response to Comment 1, NMFS is implementing an initial trip limit of 25 
mt, rather than 20 mt as originally proposed, to address concerns about 
discards; the higher trip limit is expected to meet the management 
objectives, including alleviating derby-style fishing pressure. 
Further, the 2-mt trip limit when catch is within 50 mt of the 2015 or 
2016 limit is intended to prevent discards of incidentally caught PBF 
in non-directed fisheries (e.g. troll and line, drift gillnet). 
Additionally, the catch and trip limits in this rule are only 
applicable to 2015 and 2016. If the IATTC adopts subsequent resolutions 
on the conservation and management of Pacific bluefin tuna, NMFS will 
evaluate whether trip limits are appropriate management measures at 
that time.

[[Page 38988]]

    Comment 3: Current monitoring and enforcement is inadequate to 
enforce catch and trip limits, and ensure the biennial catch limits are 
not exceeded. The proposed trip limit--NMFS assumes this refers to the 
20-mt trip limit and not the 2-mt trip limit-- incentivizes discards. 
Further, misreporting could undermine accurate estimates of fishing 
mortality. Vessel operators should be required to record discards to 
ensure that the United States does not exceed the catch limits. Without 
observer coverage, NMFS should estimate the portion of catch discarded 
dead and include it in the estimate of total U.S. catch of Pacific 
bluefin tuna. The fishery should be closely monitored to ensure the 
catch limit is not exceeded.
    Response: NMFS acknowledges that monitoring and enforcement of trip 
limits can be a problem for fisheries management, but has determined 
that an initial trip limit of 25 mt can be adequately monitored and 
enforced. Vessel operators are required to fill out logbooks, which 
includes all catch, whether kept or returned to sea, and to submit the 
logbooks to NMFS within 30 days of each landing or transshipment (see 
50 CFR 660.708). All catch, including discards, will count toward the 
catch limits. NMFS intends to work closely with California Department 
of Fish and Wildlife (CDFW) and vessel operators, as it did in 2014, to 
monitor catches and landings to ensure limits are not exceeded. In 
2014, NMFS received near real-time landings data from CDFW and vessel 
operators.
    Comment 4: The proposed rule fails to address an objective in 
Resolution C-14-06 that only 50 percent of the total catch be comprised 
of fish less than 30 kilograms (kg). Furthermore, the United States 
should limit catches even further to 250 mt per year, a level 
comparable to the 30 percent reduction considered for the recreational 
fishery.
    Response: Regarding size limits, C-14-06 establishes a goal, but 
not a requirement. NMFS is promulgating this rule in accordance with 
the requirements of Resolution C-14-06 with additional provisions 
(e.g., trip limits) to be able to effectively meet the requirements of 
the resolution (i.e., not exceeding catch limits). Resolution C-14-06 
and this rule represent commercial catch reductions consistent with 
recommendations of the IATTC scientific staff (i.e., 20 to 45 percent) 
to aid in the rebuilding of the stock. More specifically, the catch 
limits in Resolution C-14-06 (i.e., an average of 300 mt per year) 
represent a 40 percent reduction from U.S. commercial catch limits in 
previous resolutions (i.e., 500 mt per year) on the conservation and 
management of Pacific bluefin tuna. Lastly, requiring that fishermen 
target and land larger fish (i.e., greater than 30 kg) could lead to 
discards, as well as additional harvest costs (e.g., search time for 
schools of larger fish).
    General Comments not Within the Scope of the Rule: NMFS received 
several comments outside the scope of the proposed rule regarding: 
Future negotiations tactics by the United States on Pacific bluefin 
tuna conservation and management measures in the Convention Area, 
recommendations for additional science needs, improvement of catch 
monitoring by requiring daily communication between NMFS and vessel 
owners, requiring full retention of Pacific bluefin tuna, objections to 
the current catch limit as agreed to in Resolution C-14-06, and the 
effects of the current fishery conditions for other species targeted by 
the coastal purse seiners (i.e., sardines and market squid).
    Response to General Comments not Within the Scope of the Rule: NMFS 
will take these comments and concerns into consideration when 
developing future positions at upcoming IATTC meetings, as well as 
developing scientific partnerships to address gaps in knowledge. 
Regarding daily communication between vessel operators and NMFS, there 
would be value in increased communication to more closely monitor the 
fishery. NMFS is considering developing a rule to require vessel 
operators to notify NMFS upon landing Pacific bluefin tuna. 
Nonetheless, NMFS will endeavor to promote better cooperation and 
communication with vessel operators to receive catch data at the time 
of landing. NMFS views the requirement to log all catches and a 
requirement to land all catch (i.e., full retention) as having the same 
goal: To account for all Pacific bluefin tuna caught by U.S. vessels. 
Vessel operators are currently required to log all catch, which would 
be counted toward the catch limit. As described in responses above, 
NMFS is implementing a higher than originally proposed trip limit to 
address concerns about discards. Regarding other target fisheries 
(e.g., sardines, market squid), at the time Resolution C-14-06 was 
adopted (October 2014), the U.S. delegation was unaware of the drastic 
reductions in the fishery for Pacific sardine that are being imposed 
because of the reduced biomass estimates. However, the United States 
would have nonetheless endeavored to make cuts consistent with IATTC 
scientific staff recommendations to aid in rebuilding of Pacific 
bluefin tuna.

Changes From the Proposed Rule

    NMFS received a number of comments expressing concern about the 
potential for discards resulting from the proposal to set the initial 
trip limit each year at 20 mt. NMFS has concluded that a higher trip 
limit of 25 mt is warranted to reduce the potential for discards while 
still meeting the management objectives (e.g., inseason management). 
NMFS found that the average landing by a vessel from a trip targeting 
PBF during 2005 to 2014 was 30.6 mt (ranging from 0.04 mt to 75.8 mt; 
median is 29.2); 36 percent of these trips included landings up to 25 
mt, whereas only 23 percent of the trips included landings up to 20 mt. 
NMFS concludes that increasing the trip limit to 25 mt will tend to 
reduce discards while still sufficiently reducing the rate of harvest 
to meet the objective of providing access to, without exceeding, the 
full catch limit. Consequently, NMFS is implementing trip limits as 
recommended by the Council, but increasing the level of the initial 
trip limit from 20 mt to 25 mt.

Classification

    The NMFS Assistant Administrator has determined that this rule is 
consistent with the Tuna Conventions Act and other applicable laws.
    This rule was determined to be not significant for purposes of 
Executive Order 12866.
    Although 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 Fishery Management Plan for U.S. West Coast Fisheries for Highly 
Migratory Species (HMS FMP) still apply. These requirements have been 
approved by the Office of Management and Budget under Control Number 
0648-0204. 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.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. This final rule contains a 
change in the trip limit that was published in the

[[Page 38989]]

proposed action. As a result of public comments, the trip limit was 
increased from 20 mt to 25 mt. This change is anticipated to result in 
a minor economic benefit for impacted business entities. No comments 
were received regarding the certification. Therefore, the certification 
published with the proposed rule, that this rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, is still valid. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    The Assistant Administrator for Fisheries has determined that the 
need to conserve Pacific bluefin tuna and comply with our international 
obligations constitutes good cause, under 5 U.S.C. 553(d)(3), to waive 
the requirement for a 30-day delay in effectiveness. Pacific bluefin 
tuna have migrated in significant numbers into waters off of southern 
California and commercial purse seine vessels have begun fishing for 
Pacific bluefin tuna off of the U.S West Coast. If the trip limits 
implemented by this rule were subject to the 30-day delay in 
effectiveness, and taking into account that a single trip could catch 
up to 75 mt, there is potential for a derby-style fishery that would 
result in exceeding the 425-mt catch limit for 2015 before this rule 
goes into effect. Although justification exists to waive the 30-day 
delay in effectiveness, NMFS is implementing a 7-day delay in 
effectiveness to provide sufficient time for any vessels currently 
operating to comply with the new regulations; vessels that target 
Pacific bluefin tuna typically complete their fishing trips within one 
to two days. As soon as the rule is filed, notice will be sent to 
inform members of the tuna-fishing industry.
    Therefore, to conserve Pacific bluefin tuna, which are overfished, 
and to remain in compliance with IATTC Resolution C-14-06, NMFS has 
determined that implementing these measures 7 days after filing with 
the Office of Federal Register is in the public's interest.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: July 1, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

0
1. The authority citation for part 300, subpart C, continues to read as 
follows:

    Authority:  16 U.S.C. 951 et seq.


0
2. In Sec.  300.21, add the definition for ``Trip limit'' in 
alphabetical order to read as follows:


Sec.  300.21  Definitions.

* * * * *
    Trip limit means the total allowable amount of a species by weight 
of fish that may be retained on board, transshipped, or landed from a 
single fishing trip by a vessel that harvests tuna or tuna-like 
species.
* * * * *

0
3. In Sec.  300.24, revise paragraph (u) to read as follows:


Sec.  300.24  Prohibitions.

* * * * *
    (u) Use a United States commercial fishing vessel in the Convention 
Area to target, retain on board, transship or land Pacific bluefin tuna 
in contravention of Sec.  300.25(h)(3) and (5).
* * * * *

0
4. In Sec.  300.25, revise paragraph (h) to read as follows:


Sec.  300.25  Eastern Pacific fisheries management.

* * * * *
    (h) Pacific bluefin tuna commercial catch limits in the eastern 
Pacific Ocean for 2015-2016. The following is applicable to the U.S. 
commercial fishery for Pacific bluefin tuna in the Convention Area in 
the years 2015 and 2016.
    (1) For the calendar year 2015, all commercial fishing vessels of 
the United States combined may capture, retain, transship, or land no 
more than 425 metric tons in the Convention Area.
    (2) In 2016, NMFS will publish a notice in the Federal Register 
announcing the 2016 catch limit. For the calendar year 2016, all 
commercial fishing vessels of the United States combined may capture, 
retain on board, transship, or land no more than the 2016 catch limit. 
The 2016 catch limit is calculated by adding any amount of the 425 
metric ton catch limit that was not caught in 2015, as determined by 
NMFS, to 175 metric tons, except as follows:
    (i) If 175 metric tons or less are caught in 2015, as determined by 
NMFS, then the 2016 catch limit is 425 metric tons;
    (ii) If in 2015, greater than 300 metric tons and up to 400 metric 
tons are caught, as determined by NMFS, then the 2016 catch limit is 
200 metric tons; or
    (iii) If greater than 425 metric tons are caught in 2015, as 
determined by NMFS, then the 2016 catch limit is calculated by 
subtracting the amount caught in 2015 from 600 metric tons.
    (3) In 2015 and 2016, a 25 metric ton trip limit will be in effect 
until NMFS anticipates that catch will be within 50 metric tons of the 
catch limits, after which a 2 metric ton trip limit will be in effect 
upon publication of a notice in the Federal Register by NMFS.
    (4) After NMFS determines that the catch limits under paragraphs 
(h)(1) and (2) of this section are expected to be reached by a future 
date, NMFS will publish a fishing closure notice 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)(5) of this section.
    (5) Beginning on the date announced in the fishing closure notice 
published under paragraph (h)(4) 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 Pacific bluefin 
tuna captured in the Convention Area, with the exception that any 
Pacific bluefin tuna already on board a fishing vessel on the effective 
date of the notice may be retained on board, transshipped, and/or 
landed, to the extent authorized by applicable laws and regulations, 
provided such Pacific bluefin tuna is landed within 14 days after the 
effective date published in the fishing closure notice.

[FR Doc. 2015-16720 Filed 7-2-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                            38986                   Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations

                                            VII. Congressional Review Act                                       *     *         *       *       *                        adopted by the IATTC at its 88th
                                                                                                                [FR Doc. 2015–16523 Filed 7–7–15; 8:45 am]               meeting in October 2014. The public
                                              Pursuant to the Congressional Review                              BILLING CODE 6560–50–P                                   comment period was open until April 8,
                                            Act (5 U.S.C. 801 et seq.), EPA will                                                                                         2015, and NMFS accepted public
                                            submit a report containing this rule and                                                                                     comment at a hearing held at the NMFS
                                            other required information to the U.S.                                                                                       West Coast Region Long Beach office on
                                            Senate, the U.S. House of                                           DEPARTMENT OF COMMERCE
                                                                                                                                                                         March 26, 2015. Additionally, NMFS
                                            Representatives, and the Comptroller                                National Oceanic and Atmospheric                         solicited public comment on the
                                            General of the United States prior to                               Administration                                           proposed trip limits, which are a new
                                            publication of the rule in the Federal                                                                                       management tool in U.S. West Coast
                                            Register. This action is not a ‘‘major                              50 CFR Part 300                                          management of fisheries for Pacific
                                            rule’’ as defined by 5 U.S.C. 804(2).                                                                                        bluefin tuna. The proposed trip limits
                                                                                                                [Docket No. 141222999–5561–02]
                                            List of Subjects in 40 CFR Part 180                                                                                          were based on a recommendation from
                                                                                                                RIN 0648–BE71                                            the Pacific Fishery Management Council
                                              Environmental protection,                                                                                                  (Council) at its November 2014 meeting.
                                            Administrative practice and procedure,                              International Fisheries; Pacific Tuna                      The final rule is implemented under
                                            Agricultural commodities, Pesticides                                Fisheries; 2015 and 2016 Commercial                      the authority of the Tuna Conventions
                                            and pests, Reporting and recordkeeping                              Fishing Restrictions for Pacific Bluefin                 Act (16 U.S.C. 951 et seq.), which
                                            requirements.                                                       Tuna in the Eastern Pacific Ocean                        directs the Secretary of Commerce, after
                                              Dated: June 26, 2015.
                                                                                                                AGENCY:  National Marine Fisheries                       approval by the Secretary of State, to
                                            Susan Lewis,                                                        Service (NMFS), National Oceanic and                     promulgate regulations as may be
                                            Director, Registration Division, Office of                          Atmospheric Administration (NOAA),                       necessary to implement resolutions
                                            Pesticide Programs.                                                 Commerce.                                                adopted by the IATTC. This authority
                                                                                                                                                                         has been delegated to NMFS.
                                              Therefore, 40 CFR chapter I is                                    ACTION: Final rule.
                                                                                                                                                                           The proposed rule contains additional
                                            amended as follows:                                                                                                          background information, including
                                                                                                                SUMMARY:     The National Marine
                                            PART 180—[AMENDED]                                                  Fisheries Service (NMFS) is issuing                      information on the IATTC, the
                                                                                                                regulations under the Tuna Conventions                   international obligations of the United
                                            ■ 1. The authority citation for part 180                            Act to implement Resolution C–14–06                      States as an IATTC member, and the
                                            continues to read as follows:                                       of the Inter-American Tropical Tuna                      need for regulations. Additional
                                                                                                                Commission (IATTC or the                                 information on changes since the
                                                Authority: 21 U.S.C. 321(q), 346a and 371.                                                                               proposed rule is included below.
                                                                                                                Commission) by establishing limits on
                                            ■  2. In § 180.368:                                                 U.S. commercial catch of Pacific bluefin                 New Regulations
                                            ■  a. Remove the entries ‘‘Cucumber,’’                              tuna from waters of the IATTC
                                                                                                                Convention Area for 2015 and 2016.                          This final rule establishes catch limits
                                            ‘‘Melon subgroup 9A,’’ ‘‘Okra,’’
                                                                                                                This action is necessary for the United                  for U.S. commercial vessels that catch
                                            ‘‘Pumpkin,’’ ‘‘Squash, winter,’’
                                                                                                                States to satisfy its obligations as a                   Pacific bluefin tuna in the Convention
                                            ‘‘Sunflower, seed,’’ and ‘‘Vegetable,
                                                                                                                member of the IATTC.                                     Area (defined as the waters of the
                                            fruiting, group 8, except tabasco
                                                                                                                                                                         eastern Pacific Ocean (EPO)) for 2015
                                            pepper,’’ in paragraph (a)(2).                                      DATES: The final rule is effective July 9,
                                                                                                                                                                         and 2016. Since 1998, conservation
                                            ■ b. Add alphabetically the following                               2015.                                                    resolutions adopted by the IATTC have
                                            commodities to the table in paragraph                               ADDRESSES: Copies of the Regulatory                      further defined the Convention Area as
                                            (a)(2).                                                             Impact Review (RIR), Environmental                       the area bounded by the coast of the
                                               The amendments read as follows:                                  Assessment, and other supporting                         Americas, the 50° N. and 50° S.
                                                                                                                documents are available via the Federal                  parallels, and the 150° W. meridian. In
                                            § 180.368 Metolachlor; tolerances for                               eRulemaking Portal: http://
                                            residues.                                                                                                                    2015, the catch limit for the entire U.S.
                                                                                                                www.regulations.gov, docket NOAA–                        fleet is 425 metric tons (mt) with an
                                                (a) * * *                                                       NMFS–2014–0151, or contact with the                      initial trip limit 1 of 25 mt per vessel.
                                                (2) * * *                                                       Regional Administrator, William W.                       When NMFS anticipates that the total
                                                                                                                Stelle, Jr., NMFS West Coast Region,                     catch for the fleet has reached 375 mt,
                                                        Commodity                            Parts per          7600 Sand Point Way NE., Bldg 1,                         NMFS will impose a 2-mt trip limit for
                                                                                              million           Seattle, WA 98115–0070, or                               each vessel that will be in effect until
                                                                                                                RegionalAdministrator.WCRHMS@                            the total catch for 2015 reaches 425 mt.
                                               *            *              *             *            *
                                                                                                                noaa.gov.                                                For calendar year 2016, NMFS will
                                            Lettuce ..................................                    1.5   FOR FURTHER INFORMATION CONTACT:                         announce the catch limit in a Federal
                                            Low growing berry subgroup                                          Celia Barroso, NMFS, Celia.Barroso@                      Register notice; NMFS will calculate the
                                              13–07G, except cranberry                                0.40      noaa.gov, 562–432–1850.                                  2016 catch limit to ensure compliance
                                                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                                         with Resolution C–14–06 (i.e., not to
                                              *         *        *                       *            *                                                                  exceed 425 mt in either year and if catch
                                            Sunflower subgroup 20B ......                                 1.0   Background                                               exceeds 300 mt in 2015, then catch will
                                              *         *          *                     *            *      On March 9, 2015, NMFS published                            be limited to 200 mt in 2016). The 2016
                                            Vegetable, cucurbit group 9                               0.50 a proposed rule in the Federal Register                       catch limit will be calculated as the
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                                                                                                           (80 FR 12375) to revise regulations at 50                     remainder from the 2015 catch limit
                                               *         *          *                    *            *    CFR part 300, subpart C, to implement                         (i.e., how much of 425 mt was not
                                            Vegetable, fruiting, group 8–                                  Resolution C–14–06, ‘‘Measures for the
                                              10, except tabasco pepper                               0.10                                                                  1 This rule defines ‘‘trip limit’’ as the total
                                                                                                           Conservation and Management of                                allowable amount of a species by weight of fish that
                                                 *            *             *            *            *    Bluefin Tuna in the Eastern Pacific                           may be retained on board, transshipped, or landed
                                                                                                           Ocean, 2015–2016.’’ This resolution was                       during a single fishing trip.



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                                                              Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations                                            38987

                                            caught) added to 175 mt, except as                       2-mt trip limit is imposed (i.e., catch is            section, Changes from the Proposed
                                            follows: (1) If 175 mt or less is caught                 expected to reach 375 mt). Second,                    Rule). NMFS anticipates that increasing
                                            in 2015, then the 2016 catch limit is 425                NMFS will publish a notice closing the                the trip limit from the proposed 20 mt
                                            mt; (2) if greater than 300 mt and up to                 entire commercial fishery when NMFS                   to 25 mt will reduce the potential for
                                            400 mt are caught in 2015, then the                      determines that the catch limit is                    discards while still sufficiently reducing
                                            catch limit in 2016 will be 200 mt; or                   expected to be met.                                   the rate of harvest to meet the
                                            (3) if greater than 425 mt is caught in                    In 2016, NMFS will publish up to                    management objectives of providing
                                            2015, then the catch limit in 2016 will                  three notices in the Federal Register.                access to, without exceeding, the full
                                            be further reduced by the amount in                      The first notice will announce the 2016               catch limit. Increasing the trip limit
                                            excess of 425 mt (i.e., the remainder of                 catch limit. A second notice will                     beyond 25 mt would make monitoring
                                            the 600 mt limit for 2015–2016). The                     announce the 2-mt trip limit, when                    and timely closure more difficult.
                                            fishery in 2016 will also be subject to an               NMFS determines that the commercial                   Regarding mortality of released fish,
                                            initial 25-mt trip limit until catch is                  catch is expected to be within 50 mt of               other comments received suggest vessel
                                            within 50 mt of the 2016 catch limit,                    the catch limit. NMFS will publish a                  operators could target smaller schools
                                            after which a 2-mt trip limit will be                    third notice in the Federal Register                  and fish could survive brailing
                                            imposed.                                                 when NMFS determines that the catch                   operations. NMFS is unaware of any
                                               When NMFS determines that the                         limit is expected to be reached.                      studies that refute this anecdotal
                                            catch limit is expected to be reached in                                                                       information.
                                                                                                     Public Comments and Responses
                                            2015 or 2016 (based on landings                                                                                   Comment 2: NMFS should adopt an
                                            receipts, data submitted in logbooks,                       NMFS received eight written public
                                                                                                                                                           initial trip limit (e.g., 20-mt trip limit)
                                            and other available fishery information),                comments and additional comments
                                                                                                                                                           as proposed because it may alleviate
                                            NMFS will prohibit commercial fishing                    from attendees to a public hearing held
                                                                                                     on March 26, 2015, at the NMFS West                   derby-style fishing pressures and the
                                            for, or retention of, Pacific bluefin tuna                                                                     potential for excess supply of Pacific
                                            for the remainder of the calendar year.                  Coast Region Long Beach office.
                                                                                                     Comments received were in regard to                   bluefin tuna, and therefore, could make
                                            NMFS will publish a notice in the                                                                              fishery more profitable. In particular,
                                            Federal Register announcing that the                     more than one aspect of the rule and
                                                                                                     some comments were very similar;                      slowing the harvest rate could support
                                            targeting, retaining, transshipping or                                                                         development of a local fresh-frozen
                                            landing for Pacific bluefin tuna will be                 therefore, NMFS is responding to the
                                                                                                     common themes/topics. The responses                   market for Pacific bluefin tuna in
                                            prohibited on a specified effective date                                                                       California, whereas large sets are only
                                            through the end of that calendar year.                   are summarized below. NMFS did not
                                                                                                     receive any comments objecting to the                 suitable for canning. Commenters also
                                            Upon that effective date, a commercial
                                                                                                     2-mt trip limit when catch is within 50               specifically supported 20 mt as the
                                            fishing vessel of the United States may
                                                                                                     mt of the catch limit in either 2015 or               initial trip limit. The 20-mt trip limit is
                                            not be used to target, retain on board,
                                                                                                     2016. One commenter generally                         a good an inseason management tool to
                                            transship, or land Pacific bluefin tuna
                                                                                                     supported restrictions on commercial                  ensure that catch limits are not
                                            captured in the Convention Area during
                                                                                                     fishing and did not express support or                exceeded and reduce the potential for a
                                            the period specified in the
                                                                                                     objections to specific measures of the                fishery closure that could require
                                            announcement, with the exception that
                                                                                                     proposed rule.                                        discarding of incidentally caught PBF. A
                                            any Pacific bluefin tuna already on
                                                                                                        Comments that were beyond the                      skilled purse seine captain can estimate
                                            board a fishing vessel on the effective
                                                                                                     scope of this rulemaking are not                      the size of a set, and release fish alive
                                            date may be retained on board,
                                            transshipped, and/or landed, to the                      addressed here. Nonetheless, some of                  during the brailing operation, if needed.
                                            extent authorized by applicable laws                     those comments are valuable and NMFS                  One commenter suggested trip limits
                                            and regulations, provided that they are                  will consider them for future                         should only be imposed for the short-
                                            landed within 14 days after the effective                management planning.                                  term, while the overall catch limit is so
                                            date.                                                       Comment 1: The rule should not                     low.
                                                                                                     include a trip limit (e.g., an initial 20-               Response: NMFS agrees that the
                                            Catch Monitoring, Catch Limit                            mt trip limit proposed), or should have               initial trip limit (e.g., 20 mt) is a useful
                                            Announcements                                            a higher trip limit (e.g., up to 50 mt),              management tool in this situation. As
                                              NMFS will provide updates on Pacific                   because it will lead to discards. In                  explained in the Response to Comment
                                            bluefin tuna catches in the Convention                   support for this point, a commenter                   1, NMFS is implementing an initial trip
                                            Area to the public via the IATTC listserv                noted that a recent record of per trip                limit of 25 mt, rather than 20 mt as
                                            and the West Coast Region Web site:                      catches from one vessel exceeded the                  originally proposed, to address concerns
                                            http://www.westcoast.fisheries.noaa.                     proposed trip limit. The commenter also               about discards; the higher trip limit is
                                            gov/fisheries/migratory_species/bluefin_                 stated that fish in excess of the trip limit          expected to meet the management
                                            tuna_harvest_status.html. Additionally,                  that are encircled and then released                  objectives, including alleviating derby-
                                            NMFS will report preliminary estimates                   would not survive; therefore, the trip                style fishing pressure. Further, the 2-mt
                                            of Pacific bluefin tuna catch between                    limits do not promote management                      trip limit when catch is within 50 mt of
                                            monthly intervals if and when                            measures to reduce fishing mortality.                 the 2015 or 2016 limit is intended to
                                            commercial catches approach the limits                   Additionally, the ability of vessel                   prevent discards of incidentally caught
                                            to help participants in the U.S.                         operators to catch a small quantity is                PBF in non-directed fisheries (e.g. troll
                                            commercial fishery plan for the                          uncertain. If only large schools are                  and line, drift gillnet). Additionally, the
                                            possibility of catch limits being reached.               present, the vessel operators may have                catch and trip limits in this rule are only
                                            NMFS will notify industry when catch                     to forgo catching Pacific bluefin tuna. A             applicable to 2015 and 2016. If the
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                                            approaches 250 mt in 2015.                               comment received at the public hearing                IATTC adopts subsequent resolutions
                                              In 2015, NMFS will publish up to two                   also recommended a higher trip limit.                 on the conservation and management of
                                            Federal Register notices after the final                    Response: NMFS agrees that an                      Pacific bluefin tuna, NMFS will
                                            rule is issued, imposing inseason                        increase in the trip limit from 20 mt to              evaluate whether trip limits are
                                            management measures. First, NMFS will                    25 mt is warranted (for an explanation                appropriate management measures at
                                            publish a notice when the commercial                     of the rationale, please see the next                 that time.


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                                            38988             Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations

                                               Comment 3: Current monitoring and                     mt per year) on the conservation and                  Changes From the Proposed Rule
                                            enforcement is inadequate to enforce                     management of Pacific bluefin tuna.                      NMFS received a number of
                                            catch and trip limits, and ensure the                    Lastly, requiring that fishermen target               comments expressing concern about the
                                            biennial catch limits are not exceeded.                  and land larger fish (i.e., greater than 30           potential for discards resulting from the
                                            The proposed trip limit—NMFS                             kg) could lead to discards, as well as                proposal to set the initial trip limit each
                                            assumes this refers to the 20-mt trip                    additional harvest costs (e.g., search                year at 20 mt. NMFS has concluded that
                                            limit and not the 2-mt trip limit—                       time for schools of larger fish).                     a higher trip limit of 25 mt is warranted
                                            incentivizes discards. Further,                             General Comments not Within the                    to reduce the potential for discards
                                            misreporting could undermine accurate                    Scope of the Rule: NMFS received                      while still meeting the management
                                            estimates of fishing mortality. Vessel                   several comments outside the scope of                 objectives (e.g., inseason management).
                                            operators should be required to record                   the proposed rule regarding: Future                   NMFS found that the average landing by
                                            discards to ensure that the United States                negotiations tactics by the United States             a vessel from a trip targeting PBF during
                                            does not exceed the catch limits.                        on Pacific bluefin tuna conservation and              2005 to 2014 was 30.6 mt (ranging from
                                            Without observer coverage, NMFS                          management measures in the                            0.04 mt to 75.8 mt; median is 29.2); 36
                                            should estimate the portion of catch                     Convention Area, recommendations for                  percent of these trips included landings
                                            discarded dead and include it in the                     additional science needs, improvement                 up to 25 mt, whereas only 23 percent of
                                            estimate of total U.S. catch of Pacific                  of catch monitoring by requiring daily                the trips included landings up to 20 mt.
                                            bluefin tuna. The fishery should be                      communication between NMFS and                        NMFS concludes that increasing the trip
                                            closely monitored to ensure the catch                    vessel owners, requiring full retention of
                                            limit is not exceeded.                                                                                         limit to 25 mt will tend to reduce
                                                                                                     Pacific bluefin tuna, objections to the               discards while still sufficiently reducing
                                               Response: NMFS acknowledges that                      current catch limit as agreed to in
                                            monitoring and enforcement of trip                                                                             the rate of harvest to meet the objective
                                                                                                     Resolution C–14–06, and the effects of                of providing access to, without
                                            limits can be a problem for fisheries                    the current fishery conditions for other
                                            management, but has determined that                                                                            exceeding, the full catch limit.
                                                                                                     species targeted by the coastal purse                 Consequently, NMFS is implementing
                                            an initial trip limit of 25 mt can be                    seiners (i.e., sardines and market squid).
                                            adequately monitored and enforced.                                                                             trip limits as recommended by the
                                                                                                        Response to General Comments not                   Council, but increasing the level of the
                                            Vessel operators are required to fill out
                                                                                                     Within the Scope of the Rule: NMFS                    initial trip limit from 20 mt to 25 mt.
                                            logbooks, which includes all catch,
                                                                                                     will take these comments and concerns
                                            whether kept or returned to sea, and to                                                                        Classification
                                            submit the logbooks to NMFS within 30                    into consideration when developing
                                            days of each landing or transshipment                    future positions at upcoming IATTC                       The NMFS Assistant Administrator
                                            (see 50 CFR 660.708). All catch,                         meetings, as well as developing                       has determined that this rule is
                                            including discards, will count toward                    scientific partnerships to address gaps               consistent with the Tuna Conventions
                                            the catch limits. NMFS intends to work                   in knowledge. Regarding daily                         Act and other applicable laws.
                                            closely with California Department of                    communication between vessel                             This rule was determined to be not
                                            Fish and Wildlife (CDFW) and vessel                      operators and NMFS, there would be                    significant for purposes of Executive
                                            operators, as it did in 2014, to monitor                 value in increased communication to                   Order 12866.
                                            catches and landings to ensure limits                    more closely monitor the fishery. NMFS                   Although there are no new collection-
                                            are not exceeded. In 2014, NMFS                          is considering developing a rule to                   of-information requirements associated
                                            received near real-time landings data                    require vessel operators to notify NMFS               with this action that are subject to the
                                            from CDFW and vessel operators.                          upon landing Pacific bluefin tuna.                    Paperwork Reduction Act, existing
                                               Comment 4: The proposed rule fails to                 Nonetheless, NMFS will endeavor to                    collection-of-information requirements
                                            address an objective in Resolution                       promote better cooperation and                        associated with the Fishery
                                            C–14–06 that only 50 percent of the                      communication with vessel operators to                Management Plan for U.S. West Coast
                                            total catch be comprised of fish less                    receive catch data at the time of landing.            Fisheries for Highly Migratory Species
                                            than 30 kilograms (kg). Furthermore, the                 NMFS views the requirement to log all                 (HMS FMP) still apply. These
                                            United States should limit catches even                  catches and a requirement to land all                 requirements have been approved by the
                                            further to 250 mt per year, a level                      catch (i.e., full retention) as having the            Office of Management and Budget under
                                            comparable to the 30 percent reduction                   same goal: To account for all Pacific                 Control Number 0648–0204.
                                            considered for the recreational fishery.                 bluefin tuna caught by U.S. vessels.                  Notwithstanding any other provision of
                                               Response: Regarding size limits,                      Vessel operators are currently required               the law, no person is required to
                                            C–14–06 establishes a goal, but not a                    to log all catch, which would be                      respond to, and no person shall be
                                            requirement. NMFS is promulgating this                   counted toward the catch limit. As                    subject to penalty for failure to comply
                                            rule in accordance with the                              described in responses above, NMFS is                 with, a collection-of-information subject
                                            requirements of Resolution C–14–06                       implementing a higher than originally                 to the requirements of the PRA, unless
                                            with additional provisions (e.g., trip                   proposed trip limit to address concerns               that collection-of-information displays a
                                            limits) to be able to effectively meet the               about discards. Regarding other target                currently valid OMB control number.
                                            requirements of the resolution (i.e., not                fisheries (e.g., sardines, market squid),                The Chief Counsel for Regulation of
                                            exceeding catch limits). Resolution                      at the time Resolution C–14–06 was                    the Department of Commerce certified
                                            C–14–06 and this rule represent                          adopted (October 2014), the U.S.                      to the Chief Counsel for Advocacy of the
                                            commercial catch reductions consistent                   delegation was unaware of the drastic                 Small Business Administration during
                                            with recommendations of the IATTC                        reductions in the fishery for Pacific                 the proposed rule stage that this action
                                            scientific staff (i.e., 20 to 45 percent) to             sardine that are being imposed because                would not have a significant economic
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                                            aid in the rebuilding of the stock. More                 of the reduced biomass estimates.                     impact on a substantial number of small
                                            specifically, the catch limits in                        However, the United States would have                 entities. The factual basis for the
                                            Resolution C–14–06 (i.e., an average of                  nonetheless endeavored to make cuts                   certification was published in the
                                            300 mt per year) represent a 40 percent                  consistent with IATTC scientific staff                proposed rule and is not repeated here.
                                            reduction from U.S. commercial catch                     recommendations to aid in rebuilding of               This final rule contains a change in the
                                            limits in previous resolutions (i.e., 500                Pacific bluefin tuna.                                 trip limit that was published in the


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                                                              Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations                                                38989

                                            proposed action. As a result of public                     Dated: July 1, 2015.                                 the calendar year 2016, all commercial
                                            comments, the trip limit was increased                   Eileen Sobeck,                                         fishing vessels of the United States
                                            from 20 mt to 25 mt. This change is                      Assistant Administrator for Fisheries,                 combined may capture, retain on board,
                                            anticipated to result in a minor                         National Marine Fisheries Service.                     transship, or land no more than the
                                            economic benefit for impacted business                     For the reasons set out in the                       2016 catch limit. The 2016 catch limit
                                            entities. No comments were received                      preamble, 50 CFR part 300 is amended                   is calculated by adding any amount of
                                            regarding the certification. Therefore,                  as follows:                                            the 425 metric ton catch limit that was
                                            the certification published with the                                                                            not caught in 2015, as determined by
                                            proposed rule, that this rule is not                     PART 300—INTERNATIONAL                                 NMFS, to 175 metric tons, except as
                                            expected to have a significant economic                  FISHERIES REGULATIONS                                  follows:
                                            impact on a substantial number of small                                                                            (i) If 175 metric tons or less are caught
                                                                                                     Subpart C—Eastern Pacific Tuna                         in 2015, as determined by NMFS, then
                                            entities, is still valid. As a result, a                 Fisheries
                                            regulatory flexibility analysis was not                                                                         the 2016 catch limit is 425 metric tons;
                                            required and none was prepared.                                                                                    (ii) If in 2015, greater than 300 metric
                                                                                                     ■ 1. The authority citation for part 300,
                                                                                                                                                            tons and up to 400 metric tons are
                                               The Assistant Administrator for                       subpart C, continues to read as follows:
                                                                                                                                                            caught, as determined by NMFS, then
                                            Fisheries has determined that the need                        Authority: 16 U.S.C. 951 et seq.                  the 2016 catch limit is 200 metric tons;
                                            to conserve Pacific bluefin tuna and                     ■  2. In § 300.21, add the definition for              or
                                            comply with our international                            ‘‘Trip limit’’ in alphabetical order to                   (iii) If greater than 425 metric tons are
                                            obligations constitutes good cause,                      read as follows:                                       caught in 2015, as determined by
                                            under 5 U.S.C. 553(d)(3), to waive the                                                                          NMFS, then the 2016 catch limit is
                                            requirement for a 30-day delay in                        § 300.21     Definitions.                              calculated by subtracting the amount
                                            effectiveness. Pacific bluefin tuna have                 *     *     *      *    *                              caught in 2015 from 600 metric tons.
                                            migrated in significant numbers into                        Trip limit means the total allowable                   (3) In 2015 and 2016, a 25 metric ton
                                            waters off of southern California and                    amount of a species by weight of fish                  trip limit will be in effect until NMFS
                                            commercial purse seine vessels have                      that may be retained on board,                         anticipates that catch will be within 50
                                            begun fishing for Pacific bluefin tuna off               transshipped, or landed from a single                  metric tons of the catch limits, after
                                            of the U.S West Coast. If the trip limits                fishing trip by a vessel that harvests                 which a 2 metric ton trip limit will be
                                            implemented by this rule were subject                    tuna or tuna-like species.                             in effect upon publication of a notice in
                                            to the 30-day delay in effectiveness, and                *     *     *      *    *                              the Federal Register by NMFS.
                                            taking into account that a single trip                   ■ 3. In § 300.24, revise paragraph (u) to
                                                                                                                                                               (4) After NMFS determines that the
                                            could catch up to 75 mt, there is                        read as follows:                                       catch limits under paragraphs (h)(1) and
                                            potential for a derby-style fishery that                                                                        (2) of this section are expected to be
                                            would result in exceeding the 425-mt                     § 300.24     Prohibitions.                             reached by a future date, NMFS will
                                            catch limit for 2015 before this rule goes               *      *     *     *    *                              publish a fishing closure notice in the
                                            into effect. Although justification exists                  (u) Use a United States commercial                  Federal Register announcing the
                                            to waive the 30-day delay in                             fishing vessel in the Convention Area to               effective date that additional targeting,
                                            effectiveness, NMFS is implementing a                    target, retain on board, transship or land             retaining on board, transshipping or
                                            7-day delay in effectiveness to provide                  Pacific bluefin tuna in contravention of               landing Pacific bluefin tuna in the
                                            sufficient time for any vessels currently                § 300.25(h)(3) and (5).                                Convention Area shall be prohibited as
                                            operating to comply with the new                         *      *     *     *    *                              described in paragraph (h)(5) of this
                                            regulations; vessels that target Pacific                                                                        section.
                                                                                                     ■ 4. In § 300.25, revise paragraph (h) to
                                            bluefin tuna typically complete their                                                                              (5) Beginning on the date announced
                                                                                                     read as follows:                                       in the fishing closure notice published
                                            fishing trips within one to two days. As
                                            soon as the rule is filed, notice will be                § 300.25 Eastern Pacific fisheries                     under paragraph (h)(4) of this section
                                                                                                     management.                                            through the end of the calendar year, a
                                            sent to inform members of the tuna-
                                                                                                     *      *     *    *      *                             commercial fishing vessel of the United
                                            fishing industry.
                                                                                                        (h) Pacific bluefin tuna commercial                 States may not be used to target, retain
                                               Therefore, to conserve Pacific bluefin                                                                       on board, transship, or land Pacific
                                                                                                     catch limits in the eastern Pacific Ocean
                                            tuna, which are overfished, and to                                                                              bluefin tuna captured in the Convention
                                                                                                     for 2015–2016. The following is
                                            remain in compliance with IATTC                                                                                 Area, with the exception that any
                                                                                                     applicable to the U.S. commercial
                                            Resolution C–14–06, NMFS has                                                                                    Pacific bluefin tuna already on board a
                                                                                                     fishery for Pacific bluefin tuna in the
                                            determined that implementing these                       Convention Area in the years 2015 and                  fishing vessel on the effective date of the
                                            measures 7 days after filing with the                    2016.                                                  notice may be retained on board,
                                            Office of Federal Register is in the                        (1) For the calendar year 2015, all                 transshipped, and/or landed, to the
                                            public’s interest.                                       commercial fishing vessels of the United               extent authorized by applicable laws
                                                                                                     States combined may capture, retain,                   and regulations, provided such Pacific
                                            List of Subjects in 50 CFR Part 300
                                                                                                     transship, or land no more than 425                    bluefin tuna is landed within 14 days
                                              Administrative practice and                            metric tons in the Convention Area.                    after the effective date published in the
                                            procedure, Fish, Fisheries, Fishing,                        (2) In 2016, NMFS will publish a                    fishing closure notice.
                                            Marine resources, Reporting and                          notice in the Federal Register                         [FR Doc. 2015–16720 Filed 7–2–15; 4:15 pm]
                                            recordkeeping requirements, Treaties.                    announcing the 2016 catch limit. For                   BILLING CODE 3510–22–P
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Document Created: 2018-02-23 09:12:48
Document Modified: 2018-02-23 09:12:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe final rule is effective July 9, 2015.
ContactCelia Barroso, NMFS, [email protected], 562-432-1850.
FR Citation80 FR 38986 
RIN Number0648-BE71
CFR AssociatedAdministrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

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