This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

279 

Vol. 86, No. 2 

Tuesday, January 5, 2021 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 201223–0353] 

RIN 0648–BJ26 

International Fisheries; Pacific Tuna 

Fisheries; 2021 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: NMFS is proposing 

regulations under the Tuna Conventions 

Act of 1950, as amended (TCA), to 

implement Inter-American Tropical 

Tuna Commission (IATTC) Resolution 

C–20–02 (‘‘Measures for the 

Conservation and Management of 

Bluefin Tuna in the Eastern Pacific 

Ocean, 2021’’). This proposed rule 

would implement annual limits on 

commercial catch of Pacific bluefin tuna 

(Thunnus orientalis) in the eastern 

Pacific Ocean (EPO) for 2021. 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 February 4, 

2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2020–0163, 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-2020- 

0163, 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– 

2020–0163’’ 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). 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to NMFS West 

Coast Region Long Beach Office and to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

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–2020–0163 or contact the Highly 

Migratory Species Branch Chief, Lyle 

Enriquez, 501 W. Ocean Blvd., Suite 

4200, Long Beach, CA 90802, 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 Inter-American 

Tropical Tuna Commission Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

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

PDFFiles/IATTC-Instruments/_English/ 

IATTC_Antigua_

Convention%20Jun%202003.pdf. 

The IATTC consists of 21 member 

nations and 5 cooperating non-member 

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, 2016, 

and 2018 ISC stock assessments, NMFS 


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280 Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Proposed Rules 

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; 84 

FR 19905, May 7, 2019). The ISC 

completed a stock assessment in July 

2020, which showed that the stock 

continues to be overfished and subject 

to overfishing when compared to 

commonly used reference points. 

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, Resolution C–16–08, and 

Resolution C–18–01 and Resolution C– 

18–02 for more information on previous 

management measures (80 FR 38986, 

July 8, 2015; 82 FR 18704, April 21, 

2017; 84 FR 18409, May 1, 2019)). At its 

95th Meeting in December 2020, the 

IATTC adopted Resolution C–20–02. 

Resolution C–20–02 is consistent with 

the recommendations of the IATTC 

Scientific Advisory Committee that the 

Commission ‘‘[e]xtend the provisions of 

Resolution C–18–01 through 2021’’; 

and, although applicable for 2021 only, 

is consistent with the IATTC staff 

recommendation that the Commission 

‘‘[e]xtend the provisions of Resolution 

C–18–01 through 2021–2022.’’ 

Resolution C–20–02 establishes catch 

limits and reporting requirements for 

2021. This resolution was approved by 

the Secretary of State, prompting 

implementation by NMFS in this 

rulemaking. 

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). 

Joint WG recommendations have 

included rebuilding targets and criteria 

that must be met before considering 

increased catch limits. At its 5th 

meeting held October 6–7 (Japan 

Standard Time), 2020, the Joint WG 

recommended the IATTC and WCPFC 

continue measures in effect for 2020 

into 2021. Subsequently, the IATTC 

considered the Joint WG 

recommendation when it adopted 

Resolution C–20–02. 

Similar to previous IATTC resolutions 

on Pacific bluefin tuna, the main 

objective of Resolution C–20–02 is to 

reduce overfishing and to rebuild the 

stock by setting limits on commercial 

catch in the IATTC Convention Area 

during 2021. Resolution C–20–02 

establishes an annual limit of 425 metric 

tons (mt) for U.S. commercial vessels in 

2021. 

Pacific Fishery Management Council 

(PFMC) Recommendations for the 

Implementation of C–20–02 

In 2017, NMFS implemented the 

catch limits in Resolution C–16–08 with 

a 25-mt trip limit until catch was within 

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

annual limit was 425 mt in 2017) and 

a 2-mt trip limit when catch was within 

50 mt of the annual limit (82 FR 18704, 

April 21, 2017). However, 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, as well as 2019–2020, to avoid 

exceeding catch limits. In 2018, NMFS 

implemented a 1-mt Pacific bluefin tuna 

trip limit applicable to commercial U.S. 

vessels, except large-mesh drift gillnet 

vessels, which were subject to a 2-mt 

trip limit (83 FR 13203, March 28, 

2018). For 2019–2020, NMFS 

implemented C–18–01 with a 15-mt trip 

limit until catch was within 50 mt of the 

annual limit (i.e., the annual limit was 

425 mt in 2019) and a 2-mt trip limit 

when catch was within 50 mt of the 

annual limit (84 FR 18409, May 1, 

2019). NMFS also included three 

additional elements when implementing 

C–18–01: (1) Required purse seine 

vessels to notify NMFS 24 hours in 

advance of departing on a trip in order 

to retain or land more than 2 mt of 

Pacific bluefin tuna (pre-trip 

notification); (2) required that Pacific 

bluefin tuna landings in California be 

reported within 24 hours of landing 

using the California electronic landing 

receipt (e-ticket) reporting system; and 

(3) required that NMFS take inseason 

action by posting on the NMFS website 

and U.S. Coast Guard Notice to Mariners 

radio broadcast, followed by a Federal 

Register notice as soon as practicable. 

In 2019 and 2020, NMFS hosted 

Pacific bluefin tuna stakeholder 

meetings. Attendees expressed concerns 

about the pre-trip notification and trip 

limit implemented in 2019–2020. 

Attendees considered the pre-trip 

notification burdensome. Attendees 

were also concerned that NMFS may 

take inseason action based an 

assumption that 15 mt of Pacific bluefin 

tuna would be caught on each trip 

noticed, which led to an overestimation 

of catch in 2019 resulting in a premature 

reduction in the trip limit to 2 mt. The 

pre-trip notification did not appear to 

accurately predict catch. Purse seine 

stakeholders have also noted that the 

15-mt trip limit is too low because 

Pacific bluefin tuna schools are larger 

than 15 mt. 

At its November 2020 meeting, the 

PFMC made recommendations for 

implementing catch limits established 

in Resolution C–20–02 for 2021. 

Because the Joint WG recommendations 

were expected to be adopted by the 

IATTC and WCPFC at their upcoming 

meetings, NMFS was able to anticipate 

the upcoming U.S. commercial catch 

limit. NMFS received Council input on 

domestic implementation at its 

November meeting before the IATTC 

met and adopted Resolution C–20–02. 

At the November 2020 PFMC meeting, 

the Highly Migratory Species Advisory 

Subpanel (HMSAS) and Management 

Team (HMSMT) raised concerns 

regarding the pre-trip notification that 

align with those raised during 

stakeholder meetings described above. 

The Council considered the HMSAS 

and HMSMT statements when it 

recommended eliminating the current 

pre-trip notification requirement while 

maintaining the e-ticket requirement 

and inseason action procedures. In 

addition, the Council recommended the 

following applicable to trip limits in 

2021: 

• Set an initial trip limit of 20 mt. 

• January–March: If cumulative catch 

reaches 250 mt, then the trip limit is 

reduced to 15 mt; and if cumulative 

catch reaches 325 mt, then the trip limit 

is reduced to 2 mt for the remainder of 

the year or until the annual catch limit 

is met. 

• April–June: If cumulative catch 

reaches 275 mt, then the trip limit is 

reduced to 15 mt; and if cumulative 

catches reach 350 mt, then the trip limit 

is reduced to 2 mt for the remainder of 

the year or until the annual catch limit 

is met. 

• July–September: If cumulative catch 

reaches 300 mt, then the trip limit is 

reduced to 15 mt; and if cumulative 

catch reaches 375 mt, then the trip limit 

is reduced 2 mt for the remainder of the 

year or until the annual catch limit is 

met. 

• October–December: If cumulative 

catch reaches 325 mt, then the trip limit 

is reduced to 15 mt; and if cumulative 

catch reaches 375 mt, then the trip limit 

is reduced to 2 mt for the remainder of 

the year or until the annual catch limit 

is met. 

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 


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have remained below 500 mt for more 

than a decade. Since 2010, catches have 

ranged from 1 to 487 mt with an annual 

average of 186 mt. Average annual 

Pacific bluefin tuna landings by U.S. 

commercial vessels fishing in the 

Convention Area from 2011 to 2015 

represent only 1 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 2019, see http://isc.fra.go.jp/ 

fisheries_statistics/index.html; for 

preliminary information for 2020, see 

http://www.iattc.org/ 

CatchReportsDataENG.htm; 

additionally, preliminary data in the 

Pacific Fisheries Information Network 

estimate 2020 catch to be approximately 

210 mt. 

Proposed Regulations for Pacific 

Bluefin Tuna for 2021 

This proposed rule would establish 

catch and trip limits for U.S. 

commercial vessels that catch Pacific 

bluefin tuna in the Convention Area, 

and landing receipt submission 

deadlines for 2021. In 2021, the catch 

limit for the entire U.S. fleet would be 

425 mt. 

In 2021, NMFS would impose an 

initial trip limit of 20 mt. If cumulative 

catch reaches certain amounts 

depending on the quarter of the year, 

NMFS would impose an intermediate 15 

mt trip limit, and a low 2 mt trip limit 

through the end of the year, or until the 

annual catch limit is met and the fishery 

is closed, as follows: 

• January–March: If cumulative catch 

reaches 250 mt, then the trip limit is 

reduced to 15 mt; and if cumulative 

catch reaches 325 mt, then the trip limit 

is reduced to 2 mt for the remainder of 

the year or until the annual catch limit 

is met and the fishery is closed. 

• April–June: If cumulative catch 

reaches 275 mt, then the trip limit is 

reduced to 15 mt; and if cumulative 

catch reaches 350 mt, then the trip limit 

is reduced to 2 mt for the remainder of 

the year or until the annual catch limit 

is met and the fishery is closed. 

• July–September: If cumulative catch 

reaches 300 mt, then the trip limit is 

reduced to 15 mt; and if cumulative 

catch reaches 375 mt, then the trip limit 

is reduced 2 mt for the remainder of the 

year or until the annual catch limit is 

met and the fishery is closed. 

• October–December: If cumulative 

catch reaches 325 mt, then the trip limit 

is reduced to 15 mt; and if cumulative 

catch reaches 375 mt, then the trip limit 

is reduced to 2 mt for the remainder of 

the year or until the annual catch limit 

is met and the fishery is closed. 

Under California law and regulations, 

electronic landing receipts (i.e., etickets) are required for landings in 

California and are required to be 

submitted to the California Department 

of Fish and Wildlife within three 

business days (see California Fish and 

Game Code section 8046 and 14 

California Code of Regulations section 

197). Under this proposed rule, e-tickets 

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. 

NMFS would estimate when the 

overall catch is expected to reach the 

thresholds to reduce the trip limit (i.e., 

from 20 mt to 15 mt, or from 15 mt to 

2 mt) or the annual limit based on 

available fishery information, such as 

landing receipts. 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 

Inseason actions to reduce trip limits 

would be imposed by NMFS, effective 

upon the time and date that would 

appear in a notice on the NMFS website 

(https://www.fisheries.noaa.gov/westcoast/sustainable-fisheries/pacificbluefin-tuna-commercial-harveststatus). Inseason actions would also be 

announced over a United States Coast 

Guard (USCG) Notice to Mariners 

broadcast three times per day for 4 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. 

In 2021, if NMFS determines that 

cumulative catch is expected to be 250 

mt during January–March, 275 mt 

during April–June, 300 mt during July– 

September, or 325 mt during October– 

December (based on landing receipts, or 

other available information), a 15-mt 

trip limit would be imposed by NMFS 

using the inseason action procedures 

described above. 

In 2021, if NMFS determines that 

cumulative catch is expected to be 325 

mt during January–March, 350 mt 

during April–June, or 375 mt during 

July–December, a 2-mt trip limit would 

be imposed by NMFS using the inseason 

action procedures described above. 

When NMFS determines that the 

annual catch limit is expected to be 

reached in 2021 (based on landings 

receipts or other available fishery 

information), NMFS would prohibit 

United States commercial fishing 

vessels from targeting, retaining, 

transshipping or landing Pacific bluefin 

tuna captured in the Convention Area 

for the remainder of the calendar year 

(i.e., fishery closure). NMFS would 

provide a notice on the NMFS website 

and the USCG would provide a Notice 

to Mariners three times per day for 4 

days on USCG channel 16 VHF 

announcing that targeting, retaining, 

transshipping or landing of Pacific 

bluefin tuna captured in the Convention 

Area 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 

within 14 days of the effective date, to 

the extent authorized by applicable laws 

and regulations. NMFS would then 

publish a notice of the fishery closure in 

the Federal Register as soon as 

practicable. In the event the trip limit 

was reduced early or the fishery was 

closed due to an overestimation of 

catch, NMFS could reverse immediately 

the prior inseason action to increase the 

trip limit 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 website and by USCG Notice 

to Mariners on USCG channel 16 VHF. 

Proposed Catch Reporting 

NMFS would provide updates on 

Pacific bluefin tuna catches in the 

Convention Area to the public via the 

NMFS website: https://

www.fisheries.noaa.gov/west-coast/ 

sustainable-fisheries/pacific-bluefintuna-commercial-harvest-status. NMFS 

would update the NMFS website 

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(b)). 

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 

The NMFS Assistant Administrator 

has determined that this proposed rule 

is consistent with the Tuna Conventions 

Act and other applicable laws, subject to 

further consideration after public 

comment. 


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This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

This proposed rule is not an 

Executive Order 13771 regulatory action 

because this rule is not significant under 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. Under the Regulatory 

Flexibility Act (RFA), the 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 

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 85 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 vessels) Pacific bluefin tuna in 

the Convention Area; however, not all 

vessels that have participated in this 

fishery decide to do so every year, with 

annual participation as low as 8 vessels. 

These vessels are characterized in 

greater detail below. 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. 

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. From 2015– 

2019, purse seine vessels that caught 

Pacific bluefin tuna had an average exvessel revenue of about $986,000 per 

vessel per year in inflation-adjusted 

2019 dollars (based on all species 

landed). Annually, from 2015 to 2019, 

the number of small coastal pelagic 

purse seine vessels that landed Pacific 

bluefin tuna to the U.S. West Coast 

ranged from five to nine. Table 1 below 

summarizes the number of coastal purse 

seine vessels landing Pacific bluefin 

tuna in each year 2015–2019, along with 

total annual landings and revenues. 

TABLE 1—NUMBER OF SMALL COASTAL PURSE SEINE VESSELS LANDING PACIFIC BLUEFIN TUNA TO THE U.S. WEST

COAST, ALONG WITH ANNUAL LANDINGS AND REVENUES FROM PACIFIC BLUEFIN TUNA, 2015–2019 

Year Number of 

vessels 

Landings 

(mt) 

Ex-vessel 

revenue 

2015 ............................................................................................................................................. 5 86.4 $74,806 

2016 ............................................................................................................................................. 5 315.7 351,767 

2017 ............................................................................................................................................. 8 466.4 516,135 

2018 ............................................................................................................................................. 8 11.5 11,378 

2019 ............................................................................................................................................. 9 226.1 258,937 

Note: Landings and ex-vessel revenue are for all small coastal purse seine vessels that landed Pacific bluefin tuna in the year. Source Pacific 

Fisheries Information Network. 

The revenue derived from Pacific 

bluefin tuna is 2.4 percent of the overall 

revenue for coastal pelagic purse seine 

vessels that landed Pacific bluefin tuna 

(annually from 2015–2019), with the 

majority of revenue in recent years from 

Pacific sardine, market squid, and to a 

lesser extent yellowfin tuna. Since 

implementing a 25 mt trip limit (i.e., 

since 2015), average catch was 11.2 mt 

per trip. 35 of 96 trips (i.e., 36 percent) 

conducted by purse seine vessels 

landing Pacific bluefin tuna from 2015– 

2019 exceeded 15 mt. Vessels meeting 

the trip limit before completion of a trip 

or fishing after the trip limit is reduced 

to 2 mt will likely shift their focus and 

target other species, such as yellowfin 

tuna, if available, or coastal pelagic 

species. This rule is not expected to 

impose any direct regulatory costs on 

pelagic purse seine vessels, although 

vessels would face indirect operational 

costs if they approach the trip limits or 

the total catch approaches the annual 

limit. Because this rule is expected to 

affect about one third of trips of a 

fishery that accounts for about 2 percent 

of annual revenues, there is not 

expected to be a significant negative 

impact to profitability. Revenues and 

costs, and corresponding profitability, of 

coastal purse seine vessels are not 

expected to be significantly altered as a 

result of this rule, which is applicable 

to 2021 only. 

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 

or hook-and-line, 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 

2015 to 2019, between 7 and 14 drift 

gillnet vessels, 40 to 80 surface hookand-line vessels, and 1 longline vessel 

landed Pacific bluefin tuna. During 

these years, vessels with gears other 

than purse seine landed an annual 

average of 35.2 mt of Pacific bluefin 

tuna, worth approximately $290,735. Of 

these landings, only two trips out of 

approximately 1,450 over 5 years 

exceeded 2 mt of incidental Pacific 

bluefin tuna catch, and three additional 

trips were within 25 percent of the 

limit. The four vessels who took these 

five trips close to or in excess of the 2 

mt limit would be most likely to be 

impacted by this rule; however, these 

trips represented less than 1 percent of 

these vessels’ average annual revenue 

from all species. 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 end of 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 


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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Proposed Rules 283 

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 different types of 

vessel business entities will be different. 

Implementation of the reduced trip limit 

for an entire calendar year 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 were 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). It is possible 

that the affected vessels will not target 

Pacific bluefin tuna if the trip limit is 2 

mt or less; however, as observed in 2018 

while the trip limit was restricted to 1 

mt for purse seine vessels, some purse 

seine vessels did land Pacific bluefin 

tuna in small quantities. A total of 425 

mt is available to U.S. vessels in 2021. 

Pursuant to the RFA and NMFS’ 

December 29, 2015, final rule (80 FR 

81194), this certification was developed 

using NMFS’ revised size standards. 

NMFS considers all entities subject to 

this action, which based on recent 

participation ranges from 8 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 revisions 

to a collection-of-information 

requirement subject to review and 

approval by OMB under the Paperwork 

Reduction Act (PRA). These revisions 

have been submitted to OMB for 

approval. This rule revises the existing 

requirements for the collection of 

information 0648–0778 by removing the 

pre-trip notification requirement. This 

reduces the number of respondents and 

anticipated number of responses, 

reducing the burden by an estimated 

4.55 hours. Public reporting burden for 

e-ticket submission is estimated to 

average 0 hours because the submission 

will already be required by the 

California Code of Regulations. The 

voluntary pre-landing notification is 

estimated to average 2.55 hours, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

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. Submit 

comments on these or any other aspects 

of the collection of information at 

www.reginfo.gov/public/do/PRAMain. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a 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. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: December 28, 2020. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300 is proposed 

to be amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart C—Eastern Pacific Tuna 

Fisheries 

■ 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)(2) through 

(4) and (g)(7). 

* * * * * 

■ 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 2021. The 

following is applicable to the U.S. 

commercial fishery for Pacific bluefin 

tuna in the Convention Area in the year 

2021. 

(1) All commercial fishing vessels of 

the United States combined may 

capture, retain, transship, or land no 

more than 425 metric tons. 

(2) A 20-metric ton trip limit will be 

in effect until any of the following 

criteria are met: 

(i) If NMFS anticipates cumulative 

catch will reach 250 metric tons during 

January through March, a 15-metric ton 

trip limit will be in effect upon the 

effective date provided in the actual 

notice, in accordance with paragraph 

(g)(6) of this section. If NMFS 

anticipates cumulative catch will reach 

325 metric tons during January through 

March, a 2-metric ton trip limit will be 

in effect upon the effective date 

provided in the actual notice, in 

accordance with paragraph (g)(6) of this 

section. 

(ii) If NMFS anticipates cumulative 

catch will reach 275 metric tons during 

April through June, a 15-metric ton trip 

limit will be in effect upon the effective 

date provided in the actual notice, in 

accordance with paragraph (g)(6) of this 

section. If NMFS anticipates cumulative 

catch will reach 350 metric tons during 

April through June, a 2-metric ton trip 

limit will be in effect upon the effective 

date provided in the actual notice, in 

accordance with paragraph (g)(6) of this 

section. 

(iii) If NMFS anticipates cumulative 

catch will reach 300 metric tons during 

July through September, a 15-metric ton 

trip limit will be in effect upon the 

effective date provided in the actual 

notice, in accordance with paragraph 

(g)(6) of this section. If NMFS 

anticipates cumulative catch will reach 

375 metric tons during July through 

September, a 2-metric ton trip limit will 

be in effect upon the effective date 

provided in the actual notice, in 

accordance with paragraph (g)(6) of this 

section. 

(iv) If NMFS anticipates cumulative 

catch will reach 325 metric tons during 

October through December, a 15-metric 

ton trip limit will be in effect upon the 

effective date provided in the actual 

notice, in accordance with paragraph 

(g)(6) of this section. If NMFS 

anticipates cumulative catch will reach 

375 metric tons during October through 


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284 Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Proposed Rules 

December, a 2-metric ton trip limit will 

be in effect upon the effective date 

provided in the actual notice, in 

accordance with paragraph (g)(6) of this 

section. 

(3) After NMFS determines that the 

catch limit under paragraph (g)(1) of this 

section is expected to be reached, NMFS 

will close the fishery effective upon the 

date provided in the actual notice, in 

accordance with paragraph (g)(6) of this 

section. Upon the effective date in the 

actual notice, targeting, retaining on 

board, transshipping, or landing Pacific 

bluefin tuna captured in the Convention 

Area shall be prohibited as described in 

paragraph (g)(4) of this section. 

(4) Beginning on the date provided in 

the actual notice of the fishing closure 

announced under paragraph (g)(3) 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. 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. 

(5) If an inseason action taken under 

paragraph (g)(2), (3), or (4) 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)(6) of this section. 

(6) Inseason actions taken under 

paragraphs (g)(2), (3), (4), and (5) of this 

section will be by actual notice from 

posting on the National Marine 

Fisheries website (https://

www.fisheries.noaa.gov/west-coast/ 

sustainable-fisheries/pacific-bluefintuna-commercial-harvest-status) and a 

United States Coast Guard Notice to 

Mariners. The Notice to Mariners will 

be broadcast three times daily for 4 

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. 

(7) If landing Pacific bluefin tuna into 

the State of California, fish landing 

receipts must be submitted to the 

California Department of Fish and 

Wildlife in accordance with the 

requirements of applicable State law 

and regulations, with the exception that 

the submission must occur within 24 

hours of landing. 

[FR Doc. 2020–28999 Filed 1–4–21; 8:45 am] 

BILLING CODE 3510–22–P 


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