Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 66665 

binding commitment so that contract 

performance can begin immediately. 

(b) Be as complete and definite as 

practicable. 

817.7004 Limitations. 

817.7004–1 Authorization. 

The contracting officer shall obtain 

approval one level above the contracting 

officer before— 

(a) Entering into a UCA. The request 

for approval must fully explain the need 

to begin performance before 

definitization, including the adverse 

impact on the VA resulting from delays 

in beginning performance. 

(b) Including requirements for nonurgent items and equipment in a UCA. 

The request should show that inclusion 

of the non-urgent items is consistent 

with good business practices and in the 

best interest of the Government. 

(c) Modifying the scope of a UCA 

when performance has already begun. 

The request should show that the 

modification is consistent with good 

business practices and in the best 

interests of the Government. 

817.7004–2 Price ceiling. 

UCAs shall include a not-to-exceed 

price. 

817.7004–3 Definitization schedule. 

(a) UCAs shall contain definitization 

schedules that provide for definitization 

by the earlier of— 

(1) The date that is 180 days after 

issuance of the action (this date may be 

extended but may not exceed the date 

that is 180 days after the contractor 

submits a definitization proposal); or 

(2) The date on which the amount of 

funds paid to the contractor under the 

contract action is equal to more than 50 

percent of the not-to-exceed price. 

(b) Submission of a definitization 

proposal in accordance with the 

definitization schedule is a material 

element of the contract. If the contractor 

does not submit a timely definitization 

proposal, the contacting officer may 

suspend or reduce progress payments 

under FAR 32.503–6, or take other 

appropriate action. 

817.7004–4 Limitations on obligations. 

The Government shall not obligate 

more than 50 percent of the not-toexceed price before definitization. 

817.7004–5 Final price negotiation—profit. 

Before the final price of a UCA is 

negotiated, contracting officers shall 

ensure the profit agreed to and 

documented in the contract negotiation 

memorandum reflects consideration of 

any risks incurred in performance of the 

work under the UCA. 

817.7005 Contract clause. 

(a) Use the clause at 852.217–70, 

Contract Action Definitization, in— 

(1) All UCAs; 

(2) Solicitations associated with 

UCAs; 

(3) Orders against basic ordering 

agreements; 

(4) Indefinite delivery task orders; and 

(5) Any other type of contract 

providing for the use of UCAs. 

(b) Insert the applicable information 

in paragraphs (a), (b), and (d) of the 

clause. 

(c) If, at the time of entering into the 

UCA, the contracting officer knows that 

the definitive contract action will meet 

the criteria of FAR 15.403–1, 15.403–2, 

or 15.403–3 for not requiring 

submission of certified cost or pricing 

data, the words ‘‘and certified cost or 

pricing data’’ may be deleted from 

paragraph (a) of the clause. 

PART 852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 9. The authority citation for part 852 

continues to read as follows: 

Authority: 38 U.S.C. 8127–8128, and 8151– 

8153; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 

41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR 

1.301–1.304. 

■ 10. Section 852.217–70 is added to 

read as follows: 

852.217–70 Contract Action Definitization. 

As prescribed in 817.7005(a), insert 

the following clause: 

Contract Action Definitization (Date) 

(a) All[Insert specific type of contract 

action] is contemplated. The Contractor 

agrees to begin promptly negotiating with the 

Contracting Officer the terms of a definitive 

contract action that will include (1) all 

clauses required by the Federal Acquisition 

Regulation (FAR) on the date of execution of 

the undefinitized contract action, (2) all 

clauses required by law on the date of 

execution of the definitive contract action, 

and (3) any other mutually agreeable clauses, 

terms, and conditions. The Contractor agrees 

to submit all[Insert type of proposal, e.g., 

fixed-price, or cost-and-fee] proposal with 

cost or pricing data, as appropriate, 

supporting it. 

(b) The schedule for definitizing this 

contract action is as follows [Insert target 

date for definitization of the contract action 

and dates for submission of proposal, 

beginning of negotiations, and, if 

appropriate, submission of the make-or-buy 

plans, subcontracting plans, and cost or 

pricing data]. 

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(c) If agreement on a definitive contract 

action to supersede this undefinitized 

contract action is not reached by the target 

date in paragraph (b) of this clause, or within 

any extension of it granted by the Contracting 

Officer, the Contracting Officer may, with the 

approval of a Contracting Officer one level 

above, determine a reasonable price or fee in 

accordance with FAR subpart 15.4 and FAR 

part 31, subject to Contractor appeal as 

provided in the Disputes clause. In any 

event, the Contractor shall proceed with 

completion of the contract, subject only to 

FAR 52.216–24, Limitation of Government 

Liability. 

(1) After the Contracting Officer’s 

determination of price or fee, the contract 

shall be governed by— 

(i) All clauses required by the FAR on the 

date of execution of this undefinitized 

contract action for either fixed-price or costreimbursement contracts, as determined by 

the Contracting Officer under this paragraph 

(c); 

(ii) All clauses required by law as of the 

date of the Contracting Officer’s 

determination; and 

(iii) Any other clauses, terms, and 

conditions mutually agreed upon. 

(2) To the extent consistent with paragraph 

(c)(1) of this clause, all clauses, terms, and 

conditions included in this undefinitized 

contract action shall continue in effect, 

except those that by their nature apply only 

to an undefinitized contract action. 

(d) The definitive contract action resulting 

from this undefinitized contract action will 

include a negotiatedll[Insert ‘‘cost/price 

ceiling’’ or ‘‘firm-fixed-price’’] in no event to 

exceedll[Insert the not-to-exceed amount]. 

(End of clause) 

[FR Doc. 2018–27591 Filed 12–26–18; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 180716667–8667–01] 

RIN 0648–BI36 

International Fisheries; Pacific Tuna 

Fisheries; 2019 and 2020 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: Proposed rule; request for 

comments. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) is proposing 

regulations under the Tuna Conventions 

Act of 1950 (TCA) to implement InterAmerican Tropical Tuna Commission 

(IATTC) Resolution C–18–01 (Measures 

for the Conservation and Management 

of Bluefin Tuna in the Eastern Pacific 


khammond on DSK30JT082PROD with PROPOSAL
66666 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 

Ocean, 2019–2020) and Resolution C– 

18–02 (Amendment to Resolution C–16– 

08 on a Long-term Management 

Framework for the Conservation and 

Management of Pacific Bluefin Tuna in 

the Eastern Pacific Ocean). This 

proposed rule would implement annual 

limits on commercial catch of Pacific 

bluefin tuna (Thunnus orientalis) in the 

eastern Pacific Ocean (EPO) for 2019 

and 2020. This action is necessary to 

conserve Pacific bluefin tuna and for the 

United States to satisfy its obligations as 

a member of the IATTC. 

DATES: Comments on the proposed rule 

and supporting documents must be 

submitted in writing by January 16, 

2019. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2018–0126, 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-2018- 

0126, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Celia Barroso, NMFS West Coast Region 

Long Beach Office, 501 W Ocean Blvd., 

Suite 4200, Long Beach, CA 90802. 

Include the identifier ‘‘NOAA–NMFS– 

2018–0126’’ 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). 

Please submit written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this proposed rule and subject to the 

Paperwork Reduction Act to Celia 

Barroso, NMFS West Coast Region Long 

Beach Office (see address above) and by 

email to OIRA_Submission@

omb.eop.gov or fax to (202) 395–7285. 

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–2018–0126, or contact the 

Highly Migratory Species Branch Chief, 

Heidi Taylor, 501 W Ocean Blvd., Suite 

4200, Long Beach, CA 90208, or 

WCR.HMS@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Celia Barroso, NMFS, 562–432–1850, 

Celia.Barroso@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background on the IATTC 

The United States is a member of the 

IATTC, which was established in 1949 

and operates under the Convention for 

the Strengthening of the IATTC, 

established by the 1949 Convention 

between the United States of America 

and the Republic of Costa Rica (Antigua 

Convention). See: https://www.iattc.org/ 

PDFFiles2/Antigua_Convention_Jun_

2003.pdf. 

The IATTC consists of 21 member 

nations and five cooperating nonmember nations. The IATTC facilitates 

scientific research into, as well as the 

conservation and management of, tuna 

and tuna-like species in the IATTC 

Convention Area (Convention Area). 

The Convention Area is defined as 

waters of the EPO within the area 

bounded by the west coast of the 

Americas and by 50° N latitude, 150° W 

longitude, and 50° S latitude. The 

IATTC maintains a scientific research 

and fishery monitoring program, and 

regularly assesses the status of tuna, 

shark, and billfish stocks in the EPO to 

determine appropriate catch limits and 

other measures to promote sustainable 

fisheries and prevent overexploitation. 

International Obligations of the United 

States Under the Convention 

As a Party to the Antigua Convention 

and a member of the IATTC, the United 

States is legally bound to implement 

decisions of the IATTC. The Tuna 

Conventions Act (16 U.S.C. 951 et seq.) 

directs the Secretary of Commerce, in 

consultation with the Secretary of State 

and, with respect to enforcement 

measures, the U.S. Coast Guard, to 

promulgate such regulations as may be 

necessary to carry out the United States’ 

obligations under the Antigua 

Convention, including 

recommendations and decisions 

adopted by the IATTC. The authority of 

the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. 

Pacific Bluefin Tuna Stock Status 

In 2011, NMFS determined 

overfishing was occurring on Pacific 

bluefin tuna (76 FR 28422, May 17, 

2011), which is considered a single 

Pacific-wide stock. Based on the results 

of a 2012 stock assessment conducted 

by the International Scientific 

Committee for Tuna and Tuna-like 

Species in the North Pacific Ocean 

(ISC), NMFS determined that Pacific 

bluefin tuna was not only subject to 

overfishing, but was also overfished (78 

FR 41033, July 9, 2013). Subsequently, 

based on the results of the 2014 and 

2016 ISC stock assessments, NMFS 

determined that Pacific bluefin tuna 

continued to be overfished and subject 

to overfishing (80 FR 12621, March 10, 

2015; 82 FR 18434, April 19, 2017). 

Pacific Bluefin Tuna Resolutions 

Recognizing the need to reduce 

fishing mortality of Pacific bluefin tuna, 

the IATTC has adopted catch limits in 

the Convention Area since 2012 (see the 

final rules implementing Resolution C– 

14–06 and Resolution C–16–08 for more 

information on previous management 

measures (80 FR 38986, July 8, 2015; 82 

FR 18704, April 21, 2017)). At its 93rd 

Meeting in August 2018, the IATTC 

adopted Resolutions C–18–01 and C– 

18–02. Resolution C–18–01 reaffirms 

‘‘that in 2018 the IATTC Scientific Staff 

did not recommend additional measures 

because the measures established in 

Resolution C–16–08 are adequate to 

meet the rebuilding targets. . .’’ 

Resolution C–18–01 amends the 

IATTC’s long-term management 

framework for Pacific bluefin tuna and 

Resolution C–18–02 establishes catch 

limits and reporting requirements for 

2019–2020. These resolutions and the 

subject of this rulemaking were 

approved by the Secretary of State, 

thereby prompting implementation by 

NMFS. 

Since 2016, the IATTC and the 

Northern Committee (NC) to the 

Western and Central Pacific Fisheries 

Commission (WCPFC) have held annual 

joint working group meetings intended 

to develop a Pacific-wide approach to 

management of Pacific bluefin tuna. 

Conservation measures adopted by the 

IATTC and WCPFC have considered the 

recommendations of the Joint IATTC— 

WCPFC NC Working Group (Joint WG). 

The Joint WG recommendations have 

included rebuilding targets and criteria 

that must be met to consider future 

increases in catch limits. Future 

conservation measures adopted by the 

IATTC and WCPFC for Pacific bluefin 

tuna are also expected to be based, in 

part, on information and advice from 


khammond on DSK30JT082PROD with PROPOSAL
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 66667 

the ISC, which recently completed a 

stock assessment in 2018. 

In 2017, WCPFC, which has purview 

over the management of highly 

migratory species stocks in the western 

and central Pacific Ocean, revised a 

conservation and management measure 

for Pacific bluefin tuna intended to 

decrease the level of fishing mortality 

(CMM 2017–08). This revision 

incorporated the recommendations of 

the Joint WG, and continues effort and 

catch limits. 

Similar to previous IATTC resolutions 

on Pacific bluefin tuna, the main 

objective of Resolution C–18–01 is to 

reduce overfishing and to rebuild the 

stock by setting limits on commercial 

catch in the IATTC Convention Area 

during 2019 and 2020. C–18–01 

establishes a combined catch limit of 

600 metric tons (mt) for 2019 and 2020, 

with some potential modification, 

applicable to commercial vessels of each 

member or cooperating non-member, 

except Mexico, with a historical record 

of Pacific bluefin tuna catch from the 

EPO (i.e., including the United States). 

Total catch is not to exceed 425 mt in 

a single year. The potential 

modifications to the biennial catch limit 

in Resolution C–18–01 may result from 

the following: (a) The deduction of any 

amount harvested in 2017 and 2018 that 

exceeds the biennial limit established in 

Resolution C–16–08 (i.e., any amount 

above 600 mt) in accordance with 

Paragraph 5 of Resolution C–18–01 and 

Paragraph 3 of Resolution C–18–02; (b) 

the addition of an amount of the 

biennial limit established in Resolution 

C–16–08 that was not harvested by the 

end of the 2018 calendar year in 

accordance with Paragraph 6 of 

Resolution C–18–01 and Paragraph 4 of 

Resolution C–18–02, which limits the 

amount of under-harvest that may be 

carried over to 5 percent of the original 

limit (i.e., not to exceed 30 mt); and (c) 

if the IATTC revises catch limits for 

2020 in accordance with Paragraph 12 

of Resolution C–18–01. 

Pacific Fishery Management Council 

(PFMC) Recommendations for the 

Implementation of C–18–01 

In accordance with a PFMC 

recommendation, NMFS implemented 

the catch limits in Resolution C–16–08 

with a 25-mt trip limit until catch is 

within 50 mt of the annual limit (i.e., 

annual limit is 425 mt in 2017) and a 

2-mt trip limit when catch is within 50 

mt of the annual limit (82 FR 18704, 

April 21, 2017). However, the annual 

limit was exceeded in 2017. The catch 

rate was more rapid than anticipated, 

which caused the annual limit to be 

exceeded before the fishery was closed 

on August 28, 2017 (82 FR 40720). This 

series of events prompted NMFS and 

the PFMC to reconsider management 

measures for 2018 to avoid exceeding 

the biennial limit. Consequently, NMFS 

implemented a 1-mt Pacific bluefin tuna 

trip limit applicable to commercial U.S. 

vessels—except large-mesh drift gillnet 

vessels, which are subject to a 2-mt trip 

limit—in 2018 (83 FR 13203), March 28, 

2018). 

At its September 2018 meeting, the 

PFMC made the following 

recommendations for implementing 

catch limits established in Resolution 

C–18–01 for 2019 and 2020: (a) For 

2019, an annual limit of 300 mt; and a 

15-mt trip limit until landings reach 200 

mt, at which time the trip limit is 

reduced to 2 mt; (b) for 2020, the annual 

limit is calculated using the amount 

caught in 2019 and any over-harvest or 

under-harvest consistent with 

Resolutions C–18–01 and C–18–02; and 

a 15-mt trip limit until the cumulative 

2019–2020 landings reach 475 mt, at 

which time the trip limit is reduced to 

2 mt; (c) Pacific bluefin tuna landings 

must be reported within 24 hours of 

landing using the California electronic 

landing receipt (e-ticket) reporting 

system; and (d) that NMFS develop a 

method to close the fishery or reduce 

the trip limit via United States Coast 

Guard radio broadcast, or other means 

that will halt additional fishing in the 

timeliest possible manner. 

Under the California Code of 

Regulations, as of July 1, 2019, 

California e-tickets will be mandatory 

(Title 14 § 197) and must be submitted 

within three business days. To assist 

with catch limit monitoring, the PFMC 

recommended NMFS require that 

dealers, or buyers, submit the e-tickets 

to E-Tix—the electronic reporting 

system for commercial fishery landings 

in California—or submittal to the 

California Department of Fish and 

Wildlife within 24 hours. 

Pacific Bluefin Tuna Catch History 

While Pacific bluefin tuna catch by 

U.S. commercial vessels fishing in the 

Convention Area exceeded 1,000 mt per 

year in the early 1990s, annual catches 

have remained below 500 mt for more 

than a decade. The U.S. commercial 

catch of Pacific bluefin tuna in the 

Convention Area for the years 2002 to 

2018 can be found in Table 1 below. 

Average annual Pacific bluefin tuna 

landings by U.S. commercial vessels 

fishing in the Convention Area from 

2011 to 2015 represent only one percent 

of the average annual landings of Pacific 

bluefin tuna for all fleets fishing in the 

Convention Area. For information on 

Pacific bluefin tuna harvests in the 

Convention Area through 2017, see 

http://isc.fra.go.jp/fisheries_statistics/ 

index.html; for preliminary information 

for 2018, see http://www.iattc.org/ 

CatchReportsDataENG.htm. 

TABLE 1—ANNUAL U.S. COMMERCIAL

CATCH, IN METRIC TONS (mt), OF

PACIFIC BLUEFIN TUNA IN THE EASTERN PACIFIC OCEAN FROM 2002 TO

2018 

Year Catch (mt) 

2002 ...................................... 62 

2003 ...................................... 40 

2004 ...................................... 11 

2005 ...................................... 208 

2006 ...................................... 2 

2007 ...................................... 44 

2008 ...................................... 1 

2009 ...................................... 416 

2010 ...................................... 1 

2011 ...................................... 118 

2012 ...................................... 42 

2013 ...................................... 11 

2014 ...................................... 408 

2015 ...................................... 96 

2016 ...................................... 343 

2017 ...................................... 484 

2018 ...................................... * 55.9 

Source: Highly Migratory Species Stock Assessment and Fishery Evaluation: http://

www.pcouncil.org/highly-migratory-species/ 

stock-assessment-and-fishery-evaluation-safedocuments/current-hms-safe-document/. 

* Preliminary estimate of 2018 Pacific bluefin 

tuna landed catch by United States based on 

communications with California Department of 

Fish and Wildlife on December 4, 2018. 

Proposed Regulations for Pacific 

Bluefin Tuna for 2019–2020 

This proposed rule would establish 

catch and trip limits for U.S. 

commercial vessels that catch Pacific 

bluefin tuna in the Convention Area, 

pre-trip notification requirements, and 

accelerated landing receipt submission 

deadlines for 2019 and 2020. In 2019, 

the catch limit for the entire U.S. fleet 

would be 300 mt. In 2020, NMFS would 

announce the catch limit in a Federal 

Register notice, which would be 

calculated as the amount caught in 2019 

subtracted from the biennial limit, but 

not to exceed 425 mt. The U.S. biennial 

limit is 600 mt, before any additions or 

deductions based on the over-harvest 

and under-harvest provisions of 

Resolutions C–18–01 and C–18–02. 

In 2019 and 2020, NMFS would 

impose a 15-mt trip limit until catch is 

within 50 mt of the annual limit, at 

which time NMFS would impose a 2-mt 

trip limit through the end of the year, or 

until the fishery is closed. However, if 

the annual limit in 2020 is 125 mt or 

less, the trip limit will be 2 mt for the 

entire calendar year or until the fishery 

is closed. 


khammond on DSK30JT082PROD with PROPOSAL
66668 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 

As of July 1, 2019, E-tickets, which as 

of that date will be required under 

California Code of Regulations (Title 14, 

§ 197) and must be submitted within 

three business days, would be required 

to be submitted within 24 hours if any 

Pacific bluefin tuna is included in a 

landing into California. This accelerated 

submission deadline is required in order 

to better monitor catch limits. During 

periods in which the trip limit is 15 

metric tons, purse seine vessels would 

not be allowed to retain or land Pacific 

bluefin tuna unless NMFS received a 

pre-trip notification. Vessel operators 

would be required to provide this pretrip notification at least 48 hours in 

advance of the fishing trip. The pre-trip 

notification must include the vessel 

owner’s or operator’s name, contact 

information, vessel name, port of 

departure, and the intended date of 

departure for this trip. NMFS would use 

the contact information provided in the 

pre-trip notification to notify purse 

seine vessel owners or operators if an 

inseason action (i.e., reduction in trip 

limit or fishery closure) is expected or 

imposed. The pre-trip notification 

would be completed by sending an 

email to pbf.notifications@noaa.gov. A 

reply will be sent automatically to the 

vessel operator to confirm receipt of the 

pre-trip notification. 

The pre-trip notification would assist 

NMFS in closely tracking catch to 

manage the trip limits and fishery 

closure requirements. For the purposes 

of tracking catch of Pacific bluefin tuna, 

NMFS would assume that 15 metric 

tons of Pacific bluefin tuna will be 

caught on every trip for which a pre-trip 

notification was provided. Along with 

other available fishery information, such 

as landing receipts, NMFS would 

estimate when the overall catch is 

expected to reach either the threshold to 

reduce the trip limit (i.e., within 50 mt 

of the annual limit) or the annual limit. 

NMFS would then make decisions on 

inseason actions based on those 

estimates. NMFS would encourage 

owners or operators of purse seine 

vessels to call NMFS at 562–432–1850 

in advance of landing with an estimate 

of how much Pacific bluefin tuna was 

caught on the trip. 

Inseason Action Announcements 

When NMFS determines that catch is 

expected to be within 50 mt of the 

annual limit (based on pre-trip 

notifications, landing receipts, or other 

available information), a 2-mt trip limit 

would be imposed by NMFS, effective 

upon the time and date that would 

appear in a notice on the NMFS WCR 

website (https://

www.westcoast.fisheries.noaa.gov/ 

fisheries/migratory_species/bluefin_

tuna_harvest_status.html) and 

announced over a United States Coast 

Guard (USCG) Notice to Mariners that 

will be broadcast three times per day for 

four days on USCG channel 16 VHF. 

NMFS would then publish a notice of 

the reduced trip limit in the Federal 

Register as soon as practicable. If the 

annual limit in 2020 is 125 mt or less, 

NMFS would not need to provide a 

notice that the trip limit has been 

reduced because the trip limit would be 

2 mt for the entire calendar year. 

When NMFS determines that the 

annual catch limit is expected to be 

reached in 2019 or 2020 (based on pretrip notifications, landings receipts, or 

other available fishery information), 

NMFS would prohibit commercial 

fishing for, or retention of, Pacific 

bluefin tuna for the remainder of the 

calendar year (i.e., fishery closure). 

NMFS would provide a notice on the 

NMFS WCR website and the USCG 

would provide a Notice to Mariners 

three times per day for four days on 

USCG channel 16 VHF announcing that 

the targeting, retaining, transshipping or 

landing of Pacific bluefin tuna will be 

prohibited on a specified effective time 

and 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. However, any Pacific 

bluefin tuna already on board a fishing 

vessel on the effective date could 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 of the effective date. NMFS would 

then publish a notice of the fishery 

closure in the Federal Register as soon 

as practicable. 

In 2020, NMFS would publish a 

notice in the Federal Register 

announcing the 2020 catch limit. 

In the event the trip limit was reduced 

early or the fishery was closed due to an 

overestimation of catch, NMFS could 

increase the trip limit to 15 metric tons 

or re-open the fishery after landing 

receipts have been received and the 

landed catch quantity confirmed. NMFS 

would announce these actions on the 

NMFS WCR website and by USCG 

Notice to Mariners on USCG channel 16 

VHF. 

Although the PFMC recommended a 

more conservative threshold to reduce 

the trip limit, NMFS’ proposal to make 

the pre-trip notification and inseason 

actions effective upon website posting 

and via USCG radio broadcast (rather 

than waiting for filing of a notice with 

the Office of the Federal Register) is 

expected to enable NMFS to adequately 

manage the fishery by reducing the trip 

limit and/or closing the fishery in a 

timely manner, if needed. 

The PFMC, at its November 2018 

meeting, recommended an alternative to 

the pre-trip notification in the proposed 

regulations. Instead of requiring the pretrip notification by purse seine vessels 

be received by NMFS 48 hours in 

advance of a trip, the PFMC 

recommended it be required 24 hours in 

advance of a trip. Additionally, instead 

of prohibiting retention or landing of 

any Pacific bluefin tuna if the pre-trip 

notification was not received by NMFS, 

the PFMC recommended allowing up to 

two metric tons of Pacific bluefin tuna 

to be retained or landed without 

providing a pre-trip notification. (i.e., 

prohibiting the retention or landing of 

Pacific bluefin tuna in excess of 2 metric 

tons). NMFS is seeking public comment 

on this November 2018 

recommendation of the PFMC in 

addition to the proposal set forth in the 

regulatory text below. 

Proposed Catch Reporting 

NMFS would provide updates on 

Pacific bluefin tuna catches in the 

Convention Area to the public via the 

IATTC listserv and the NMFS West 

Coast Region website: http://

www.westcoast.fisheries.noaa.gov/ 

fisheries/migratory_species/bluefin_

tuna_harvest_status.html. Specifically, 

beginning April 1 of each year, NMFS 

would update the NMFS West Coast 

Region website weekly, at a minimum, 

provided the updates do not disclose 

confidential information (in accordance 

with Magnuson-Stevens Fishery 

Conservation and Management Act 

section 402 (b), 16 U.S.C. 1881a). These 

updates are intended to help 

participants in the U.S. commercial 

fishery plan for reduced trip limits and 

attainment of the annual limits. 

Classification 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Under the Regulatory Flexibility Act 

(RFA), the U.S. Small Business 

Administration (SBA) defines a ‘‘small 

business’’ (or ‘‘small entity’’) as one 

with annual revenue that meets or is 

below an established size standard. On 

December 29, 2015, NMFS issued a final 

rule establishing a small business size 

standard of $11 million in annual gross 

receipts for all businesses primarily 

engaged in the commercial fishing 

industry (NAICS 11411) for RFA 

compliance purposes only (80 FR 

81194). The $11 million standard 


khammond on DSK30JT082PROD with PROPOSAL
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 66669 

became effective on July 1, 2016, and is 

to be used in place of the U.S. SBA 

current standards of $20.5 million, $5.5 

million, and $7.5 million for the finfish 

(NAICS 114111), shellfish (NAICS 

114112), and other marine fishing 

(NAICS 114119) sectors of the U.S. 

commercial fishing industry in all 

NMFS rules subject to the RFA after July 

1, 2016. Id. at 81194. 

The small entities the proposed action 

would directly affect are all U.S. 

commercial fishing vessels that may 

target (e.g., coastal pelagic purse seine 

vessels) or incidentally catch (e.g., drift 

gillnet) Pacific bluefin tuna in the 

Convention Area; however, not all 

vessels that have participated in this 

fishery decide to do so every year. U.S. 

commercial catch of Pacific bluefin tuna 

from the IATTC Convention Area is 

primarily made in waters off of 

California by the coastal pelagic small 

purse seine fleet, which targets Pacific 

bluefin tuna opportunistically, and 

other fleets (e.g., California large-mesh 

drift gillnet, surface hook-and-line, west 

coast longline, and Hawaii’s pelagic 

fisheries) that catch Pacific bluefin tuna 

in small quantities, such as incidentally. 

Revenues of coastal purse seine 

vessels are not expected to be 

significantly altered as a result of this 

rule, which is applicable to 2019–2020 

only. Since 2006, the average annual 

revenue per vessel from all finfish 

fishing activities for the U.S. purse seine 

fleet that have landed Pacific bluefin 

tuna has been less than $11 million, 

whether considering an individual 

vessel or per vessel average. Since 2008, 

in years Pacific bluefin tuna was landed, 

purse seine vessels that caught Pacific 

bluefin tuna had an average ex-vessel 

revenue of about $2.4 million per vessel 

(based on all species landed). Annually, 

from 2013 to 2017, the number of small 

coastal pelagic purse seine vessels that 

landed Pacific bluefin tuna in the 

Convention Area ranged from zero to 

eight. In 2013, the coastal purse seine 

fishery did not land Pacific bluefin tuna. 

In 2014 and 2015, four and five vessels 

landed Pacific bluefin tuna, 

respectively. In 2014, eight purse seine 

vessels fishing in the Convention Area 

landed highly migratory species (HMS) 

in California, but only four of them were 

involved in landing roughly 401 mt of 

Pacific bluefin tuna, worth about 

$588,000, in west coast ports. Similarly, 

in 2015, 11 vessels fishing in the 

Convention Area landed HMS in 

California, but only 5 vessels landed 

approximately 86 mt of Pacific bluefin 

tuna, worth about $75,000. In 2016, 9 

vessels landed HMS, but only 5 landed 

approximately 316 mt of Pacific bluefin 

tuna worth about $352,000. In 2017, 9 

vessels landed HMS and 8 landed 

Pacific bluefin tuna; these vessels 

landed approximately 466 mt of Pacific 

bluefin tuna worth about $516,000. The 

revenue derived from Pacific bluefin 

tuna is a fraction of the overall revenue 

for coastal pelagic purse seine vessels 

(1.4 percent annually from 2008–2017) 

as they typically harvest other species, 

including Pacific sardine, Pacific 

mackerel, squid, and anchovy. The 

value of Pacific bluefin tuna in coastal 

pelagic purse seine fishery from 2008– 

2017 was $1.17/kilogram. This amount 

is negligible relative to the fleet’s annual 

revenue resulting from other species. 

Since implementing a 25-mt trip limit 

(2015–2017), average catch was 14.8 mt 

per trip. Thirty-four of 61 trips, 

conducted by 3 to 8 vessels, that landed 

Pacific bluefin tuna from 2015–2017 

exceeded 15 mt; however, vessels are 

expected to shift their focus and target 

other species, such as yellowfin tuna, if 

available, or coastal pelagic species. 

Since 2006, the average annual 

revenue per vessel from all finfish 

fishing activities for the U.S. fleet with 

landings of Pacific bluefin tuna in small 

quantities, such as from incidental 

catch, has been less than $11 million. 

These vessels include drift gillnet, 

surface hook-and-line, and longline 

gear-types. The revenues of these 

vessels are also not expected to be 

significantly altered by the rule. From 

2013 to 2017, the number of drift gillnet, 

surface hook-and-line, and longline 

vessels that participated in this fishery 

range from 7 to 13, 1 to 61, and 1 to 3, 

respectively. During these years, vessels 

with gears other than purse seine landed 

an annual average of 17.4 mt of Pacific 

bluefin tuna, worth approximately 

$135,100. Of these landings, only one 

trip exceeded 2 mt. As a result, it is 

anticipated that proposed reduced trip 

limits will not have a significant impact 

on these vessels. If the fishery is closed 

before the calendar year, regulatory 

discards by these fleets are likely. Such 

a scenario would result in a greater 

impact to the fleet that catches Pacific 

bluefin tuna in small quantities, as 

opposed to the coastal purse seine fleet, 

which would simply cease targeting of 

Pacific bluefin tuna. This could result in 

a greater conservation benefit for the 

overfished Pacific bluefin stock. 

Although there are no 

disproportionate impacts between small 

and large business entities because all 

affected business entities are small, the 

impacts among the business entities will 

be different. Implementation of the 

reduced trip limit for an entire calendar 

year (i.e., in the event the catch limit in 

2020 is 125 mt or less) in this proposed 

action would impose a greater economic 

impact on the U.S. coastal purse seine 

fleet. Prior to the implementation of a 

25-mt trip limit in 2015, these vessels 

landed an average of 41 mt per trip, and 

are capable of landing over 70 mt in a 

single trip (based on landings from 

purse seine vessels landing Pacific 

bluefin tuna in the EPO from 2011– 

2014). The purse seine fleet might not 

target Pacific bluefin tuna if the trip 

limit were 2 mt or less; however, as 

observed in 2018 while the trip limit is 

restricted to 1 mt for purse seine vessels, 

some purse seine vessels did land 

Pacific bluefin tuna in small quantities. 

Under the current regulations at 50 CFR 

300.25(g)(2) and taking into account the 

2017 catch, which exceeded the 2017 

annual limit by at least 50 mt, a total of 

about 114 mt is available to U.S. 

commercial vessels in 2018. 

NMFS considers all entities subject to 

this action, which based on recent 

participation ranges from eight to 85 

because participation fluctuates 

substantially from year-to-year, to be 

small entities as defined by both the 

former, lower size standards and the 

revised size standards. Because each 

affected vessel is a small business, there 

are no disproportional affects to small 

versus large entities. Based on 

profitability analysis above, the 

proposed action, if adopted, will not 

have significant adverse economic 

impacts on these small business entities. 

As a result, an Initial Regulatory 

Flexibility Analysis is not required and 

was not prepared for this proposed rule. 

This proposed rule contains a new 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

submitted to OMB for approval. The 

proposed new requirements are listed 

below. The estimates for the public 

reporting burden of all responses 

combined for each proposed 

requirement are as follows: E-ticket 

submission: 0 hours because submission 

will already be required by California 

Code of Regulations; Pre-trip 

notification: 4.25 hours; Voluntary prelanding notification: 2.55 hours. 

Public comment is sought regarding: 

Whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 


khammond on DSK30JT082PROD with PROPOSAL
66670 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 

on these or any other aspects of the 

collection of information to Celia 

Barroso, NMFS West Coast Region Long 

Beach Office at the ADDRESSES above, 

and by email to OIRA_Submission@

omb.eop.gov or fax to (202) 395–7285. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: December 20, 2018. 

Donna S. Wieting, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300 is proposed 

to be amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for part 300, 

subpart C, continues to read as follows: 

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

■ 2. In § 300.24, revise paragraph (u) to 

read as follows: 

§ 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 § 300.25(g)(4) through 

(7) and (g)(9) through (10). 

* * * * * 

■ 3. In § 300.25, revise paragraph (g) to 

read as follows: 

§ 300.25 Fisheries management. 

* * * * * 

(g) Pacific bluefin tuna (Thunnus 

orientalis) commercial catch limits in 

the eastern Pacific Ocean for 2019– 

2020. The following is applicable to the 

U.S. commercial fishery for Pacific 

bluefin tuna in the Convention Area in 

the years 2019 and 2020. 

(1) The 2019–2020 biennial limit is 

either: 

(i) 600 metric tons increased by the 

amount, not to exceed 30 metric tons, of 

Pacific bluefin tuna catch remaining 

from the 2018 U.S. commercial catch 

limit; or, 

(ii) 600 metric tons reduced by the 

amount of Pacific bluefin tuna caught in 

2018 in excess of the 2018 U.S. 

commercial catch limit. 

(2) For the calendar year 2019, all 

commercial fishing vessels of the United 

States combined may capture, retain, 

transship, or land no more than 300 

metric tons. 

(3) In 2020, NMFS will publish a 

notice in the Federal Register 

announcing the 2020 catch limit. For 

the calendar year 2020, all commercial 

fishing vessels of the United States 

combined may capture, retain on board, 

transship, or land no more than the 

2020 annual catch limit. The 2020 catch 

limit is the lesser of: The 2019–2020 

biennial limit reduced by the amount 

caught by U.S. commercial vessels in 

2019; or 425 metric tons. 

(4) In 2019 and 2020, a 15-metric ton 

trip limit will be in effect until NMFS 

anticipates that catch will be within 50 

metric tons of the catch limit, after 

which a 2-metric ton trip limit will be 

in effect upon the effective date 

provided in actual notice, in accordance 

with paragraph (g)(8) of this section. 

(5) After NMFS determines that the 

catch limits under paragraphs (g)(2) and 

(3) of this section are expected to be 

reached by a future date, NMFS will 

close the fishery effective upon the date 

provided the actual notice, in 

accordance with paragraph (g)(8) of this 

section. Upon the effective date in the 

actual notice, targeting, retaining on 

board, transshipping, or landing Pacific 

bluefin tuna in the Convention Area 

shall be prohibited, as described in 

paragraph (g)(6) of this section. 

(6) Beginning on the date provided in 

the actual notice of the fishing closure 

notice announced under paragraph 

(g)(5) of this section, 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 

through the end of the calendar year, 

with the exception that any Pacific 

bluefin tuna already on board a fishing 

vessel on the effective date of the notice 

may be retained on board, transshipped, 

and/or landed within 14 days after the 

effective date published in the fishing 

closure notice, to the extent authorized 

by applicable laws and regulations. 

(7) If an inseason action taken under 

paragraphs (g)(4), (5), or (6) of this 

section is based on overestimate of 

actual catch, NMFS will reverse that 

action in the timeliest possible manner, 

provided NMFS finds that reversing that 

action is consistent with the 

management objectives for the affected 

species. The fishery will reopen 

effective on the date provided in the 

actual notice in accordance with 

paragraph (g)(8) of this section. 

(8) Inseason actions taken under 

paragraphs (g)(4), (5), (6), and (7) of this 

section will be by actual notice from 

posting on the National Marine 

Fisheries West Coast Region website 

(https://

www.westcoast.fisheries.noaa.gov/ 

fisheries/migratory_species/bluefin_

tuna_harvest_status.html) and a United 

States Coast Guard Notice to Mariners. 

The Notice to Mariners will be 

broadcast three times daily for four 

days. This action will also be published 

in the Federal Register as soon as 

practicable. Inseason actions will be 

effective from the time specified in the 

actual notice of the action (i.e., website 

posting and United States Coast Guard 

Notice to Mariners), or at the time the 

inseason action published in the 

Federal Register is effective, whichever 

comes first. 

(9) While the 15-metric ton trip limit 

is in effect, Pacific bluefin tuna may be 

retained or landed from a purse seine 

vessel only if the owner or operator 

provided a pre-trip notification to 

NMFS 48 hours in advance of departing 

on the fishing trip. The notification 

shall be made to NMFS at 

pbf.notifications@noaa.gov, and must 

include the owner or operator’s name, 

contact information, vessel name, port 

of departure, and intended date and 

time of departure. 

(10) As of July 2, 2019, if landing 

Pacific bluefin tuna into the State of 

California, fish landing receipts must be 

submitted within 24 hours to the 

California Department of Fish and 

Wildlife in accordance with the 

requirements of applicable State 

regulations. 

* * * * * 

[FR Doc. 2018–28161 Filed 12–26–18; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSK30JT082PROD with PROPOSAL