Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5033 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 210112–0008] 

RIN 0648–BK08 

International Fisheries; Pacific Tuna 

Fisheries; Fishing Restrictions for 

Tropical Tuna in the Eastern Pacific 

Ocean for 2021 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: NMFS is issuing regulations 

under the Tuna Conventions Act to 

implement Resolution C–20–05 

(Conservation of Tuna in the Eastern 

Pacific Ocean During 2021), which was 

adopted by the Inter-American Tropical 

Tuna Commission (IATTC or 

Commission) on December 22, 2020. All 

of the provisions of Resolution C–20–05 

are identical in content to the previous 

resolution on tropical tuna management 

that expired at the end of 2020. This 

interim final rule implements the C–20– 

05 fishing management measures for 

tropical tuna (i.e., bigeye tuna (Thunnus 

obesus), yellowfin tuna (Thunnus 

albacares), and skipjack tuna 

(Katsuwonus pelamis)) in the eastern 

Pacific Ocean (EPO). The fishing 

restrictions in this interim final rule are 

applicable in 2021 only and apply to 

purse seine vessels of class sizes 4–6 

(carrying capacity of 182 metric tons 

(mt) or greater) and longline vessels 

greater than 24 meters (m) in overall 

length that fish for tropical tuna in the 

EPO. This interim final rule is necessary 

for the conservation of tropical tuna 

stocks in the EPO and for the United 

States to satisfy its obligations as a 

member of the IATTC. 

DATES: This interim final rule is 

effective January 19, 2021. Comments 

on the interim final rule must be 

submitted in writing by February 18, 

2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2020–0122, 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- 

0122, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Rachael Wadsworth, NMFS West Coast 

Region Long Beach Office, 501 W Ocean 

Blvd., Suite 4200, Long Beach, CA 

90802. Include the identifier ‘‘NOAA– 

NMFS–2020–0122’’ 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). 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

interim final rule, including the 

regulatory impact review (RIR) are 

available via the Federal e-Rulemaking 

Portal: http://www.regulations.gov, 

docket NOAA–NMFS–2020–0122, or 

contact Rachael Wadsworth, NMFS 

WCR SFD, NMFS West Coast Region 

Long Beach Office, 501 W Ocean Blvd., 

Suite 4200, Long Beach, CA 90802, or 

WCR.HMS@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rachael Wadsworth, NMFS, at (206) 

561–3457. 

SUPPLEMENTARY INFORMATION: 

Background on the IATTC 

The United States is a member of the 

IATTC, which was established under 

the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna Commission. In 2003, the 

IATTC adopted 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). The Antigua Convention 

entered into force in 2010. The United 

States acceded to the Antigua 

Convention on February 24, 2016. The 

full text of the Antigua Convention is 

available at: 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 and facilitates scientific 

research into, as well as the 

conservation and management of, tuna 

and tuna-like species in the IATTC 

Convention Area. The IATTC 

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, sharks, and 

billfish stocks in the IATTC Convention 

Area to determine appropriate catch 

limits and other measures deemed 

necessary to promote sustainable 

fisheries and prevent the 

overexploitation of these stocks. 

International Obligations of the United 

States Under the Antigua 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. 

IATTC Resolution on Tropical Tuna 

Conservation 

On November 30–December 4, 2020, 

the IATTC met virtually for the 95th 

IATTC meeting and was unable to reach 

consensus on management measures for 

tropical tuna in the EPO, which is 

unusual. This meeting, which is 

typically held in person during the 

summer months, had been delayed due 

to travel restrictions. The failure of the 

Commission to reach consensus at its 

meeting created an urgent situation 

because the tropical tuna management 

measures were set to expire at the end 

of the 2020 calendar year, and no 

measures would have been in place for 

the start of the 2021 fishing season. The 

IATTC ultimately adopted Resolution 


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5034 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

C–20–05 (Resolution on Conservation 

and Management Measures of Tropical 

Tunas in 2021) by consensus at its 96th 

Extraordinary Meeting on December 22, 

2020. 

Applicable to 2021 only, the 

provisions of Resolution C–20–05 are 

identical in content to those contained 

in the previous IATTC Resolution (C– 

17–02; Multiannual Program for the 

Conservation of Tuna in the Eastern 

Pacific Ocean During 2018–2020) on 

tropical tuna management that were in 

place from 2018–2020. The provisions 

include a 72-day fishing closure period 

for purse seiners, provisions for 

exemptions from that closure period 

due to force majeure, a time/area closure 

in the EPO for 31 days for purse seiners, 

catch limits of bigeye tuna caught in the 

EPO for longline vessels greater than 24 

m in overall length, catch limit transfer 

requirements for bigeye tuna, a 

requirement that all tropical tuna be 

retained and landed (with some 

exceptions), and restrictions on the use 

and design of fish aggregating devices 

(FADs). 

As described further under the 

Classification section, due to the 

unforeseen circumstances of the delayed 

IATTC meeting, the late-adoption of 

Resolution C–20–05, and given that 

NMFS must implement regulations 

quickly to ensure conservation of 

tropical tuna stocks in the EPO and to 

comply with its international 

obligations, NMFS is implementing 

these regulations through an interim 

final rule without providing the public 

with advance notice in a proposed rule 

or the opportunity for comment. This 

interim final rule will be effective 

immediately upon publication. NMFS 

will, however, accept and consider 

public comments submitted on this 

interim final rule. 

Final Regulations—Tuna Conservation 

Measures for 2021 

This interim final rule is implemented 

under the Tuna Conventions Act of 

1950 (16 U.S.C. 951 et seq.), as amended 

on November 5, 2015, by title II of 

Public Law 114–81. This interim final 

rule implements the provisions of 

Resolution C–20–05 and applies to U.S. 

commercial fishing vessels using purse 

seine and longline gear to catch tropical 

tuna in the IATTC Convention Area. 

Resolution C–20–05 continues for 2021 

provisions that were included in the 

previous IATTC Resolution C–17–02 

that were applicable to 2018–2020. 

Those provisions were implemented 

into regulation in a final rule published 

on April 11, 2018 (83 FR 15503). This 

interim final rule continues those 

regulations for 2021. 

First, this rule maintains a 750 mt 

catch limit on bigeye tuna caught by 

longline vessels greater than 24 m in 

overall length in the IATTC Convention 

Area (50 CFR 300.25(a)(2)). Second, the 

rule maintains the prohibition on purse 

seine vessels of class size 4 to 6 (i.e., 

vessels with a carrying capacity greater 

than 182 mt) from fishing for tropical 

tuna in the IATTC Convention Area for 

a period of 72 days (50 CFR 

300.25(e)(1)). Specifically, vessels will 

continue to be prohibited from fishing 

in the EPO for 72 days during one of the 

following two periods: (1) From July 29 

to October 8; or (2) from November 9 to 

January 19 of the following year (50 CFR 

300.25(e)(1)(i) and (ii)). Third, the rule 

maintains a closure period (i.e., 

Corralito closure) for the purse seine 

fishery for tropical tuna within the area 

of 96° and 110° W and between 4° N and 

3° S from 0000 hours on October 9, 

2021, to 2400 hours on November 8, 

2021 (50 CFR 300.25(e)(5)). The three 

regulations described in this paragraph 

are amended by this interim final rule 

solely to specify that they apply in 

calendar year 2021. 

This interim final rule also continues 

for 2021 several other regulations that 

were applicable in 2018–2020 but that 

do not need to be amended by this 

rulemaking because their regulatory text 

does not specify the calendar years to 

which they apply. Therefore, this 

interim final rule continues the 

effectiveness of those regulations in 

2021 without amendment. Those 

regulations are included below: 

• Provisions related to transferring 

longline catch limits for bigeye tuna 

between IATTC members (50 CFR 

300.25(a)(5)). 

• Provisions related to selection of a 

72-day closure period (50 CFR 

300.25(e)(2) and (3)). 

• Provisions related to exemptions 

from the 72-day closure period 

requirement due to force majeure (50 

CFR 300.25(e)(4)). 

• Requirements related to stowing 

gear during time/area closure periods 

(50 CFR 300.25(e)(6)). 

• A requirement for all tropical tuna 

to be retained on board and landed 

(with certain exceptions) (50 CFR 

300.27(a)). 

• A number of restrictions related to 

FADs for purse seine vessels in the 

IATTC Convention Area (50 CFR 

300.22(a)(3); 50 CFR 300.28). 

The definitions of ‘‘Active FAD’’ and 

‘‘Force majeure’’ included in 50 CFR 

300.21 and the prohibitions against 

failing to comply with gear-stowing 

restrictions, time/area closure 

restrictions, and FAD-related 

restrictions described in 50 CFR 300.24 

also continue to apply. 

Classification 

The NMFS Assistant Administrator 

has determined that this interim final 

rule is consistent with the Tuna 

Conventions Act of 1950 and other 

applicable laws. This interim final rule 

has been determined to be not 

significant for purposes of Executive 

Order 12866. 

This interim final rule does not 

contain a change to a collection of 

information requirement for the 

purposes of the Paperwork Reduction 

Act of 1995. The existing collection of 

information requirement would 

continue to apply under the following 

OMB Control Numbers 0648–0214 

(Pacific Islands Region Logbook Family 

of Forms) and 0648–0148 (West Coast 

Region Pacific Tuna Fisheries Logbook 

and Fish Aggregating Device Form). 

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. 

All currently approved NOAA 

collections of information may be 

viewed at: https://www.reginfo.gov/ 

public/do/PRAMain. 

Good Cause for Immediate Adoption 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

authorizes agencies to dispense with 

notice and comment procedures for 

rules when the agency for ‘‘good cause’’ 

finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under this 

section, an agency, upon finding good 

cause, may issue a final rule without 

seeking comment prior to the 

rulemaking. Under section 553(d) of the 

APA, an agency must delay the effective 

date of regulations for 30 days after 

publication, unless the agency finds 

good cause to make the regulations 

effective sooner. 

The Assistant Administrator for 

Fisheries determined that good cause 

exists to issue this interim final rule 

without advance notice in a proposed 

rule or the opportunity for public 

comment and to make the rule effective 

immediately without providing a 30-day 

delay after publication. NMFS is 

obligated to implement these measures 

immediately to conserve tropical tuna 

stocks in the EPO and to comply with 

the international obligations of the 

United States under a binding 

resolution adopted by the IATTC under 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5035 

the Antigua Convention, which 

constitute good cause. Given the 

IATTC’s delay in convening its 2020 

annual meeting (typically held in June 

or July), its failure to adopt a binding 

Resolution at a meeting held November 

30–December 4, 2020, and its adoption 

of a binding Resolution in late 

December (less than 2 weeks before the 

existing regulations were set to expire), 

it would be impracticable and contrary 

to the public interest in conserving 

tropical tuna stocks in the EPO and in 

ensuring U.S. compliance with 

international obligations to proceed 

with further notice and comment or to 

delay the effective date for 30 days 

before implementing the rollover 

conservation measures contained in this 

rule. 

Commercial purse seine and longline 

vessels are expected to begin fishing for 

tropical tuna in the EPO on January 1, 

2021, under the fishing restrictions that 

apply in the same year. If this rule were 

delayed pending publication of a 

proposed rule and consideration of 

additional public comments, there is 

potential for U.S. purse seine and 

longline vessels to be out of compliance 

with IATTC management measures, and 

for the United States to be out of 

compliance with our international 

obligations. Owners and operators of 

U.S. purse seine and longline vessels 

operating in the EPO are familiar with 

this Resolution because it is identical to 

the resolution in place for the past 3 

years that was implemented through 

notice and comment rulemaking. In 

addition, many of the affected 

individuals attended the 96th 

Extraordinary Meeting of the IATTC on 

December 22, 2020, where the 

Resolution was adopted. Industry 

representatives were also consulted in 

advance of the December meeting 

through a U.S. Delegation call and were 

involved in briefings and discussions 

with the U.S. Department of State and 

NOAA officials on the periphery of the 

December IATTC meeting. As soon as 

the rule is published, NMFS will send 

a notice of this rule to owners of vessels 

that are affected by this rule. 

Ensuring conservation of tropical tuna 

stocks in the EPO and remaining in 

compliance with binding international 

obligations of the United States by 

expedient domestic implementation of 

Resolution C–20–05 through issuing this 

final rule now, rather than risking 

violation of our obligations or the health 

of tuna stocks, is in the public’s interest 

and further supports the good cause for 

waiving the requirement to publish a 

notice of proposed rulemaking for 

public comment and for making the rule 

effective immediately upon publication. 

The IATTC will meet again in the 

upcoming months to discuss tropical 

tuna measures for 2022 and beyond. 

NMFS encourages the public to 

participate in this rulemaking by 

submitting comments containing 

relevant information, data, or views. 

This interim final rule may be amended 

based on comments received. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 603 and 604, requires an 

agency to prepare an initial and a final 

regulatory flexibility analysis whenever 

an agency is required by 5 U.S.C. 553 or 

any other law to publish a general 

notice of proposed rulemaking. Because 

NMFS found good cause under 5 U.S.C. 

553(b)(3)(B) to forgo publication of a 

notice of proposed rulemaking, the 

regulatory flexibility analyses described 

in 5 U.S.C. 603 and 604 are not required 

for this rulemaking. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: January 12, 2021. 

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, subpart C is 

amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for 50 CFR 

part 300, subpart C, continues to read as 

follows: 

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

■ 2. Amend § 300.25 by revising 

paragraphs (a)(2), (e)(1), and (e)(5) as 

follows: 

§ 300.25 Fisheries management. 

(a) * * * 

(2) For calendar year 2021, there is a 

limit of 750 metric tons of bigeye tuna 

that may be caught by longline gear in 

the Convention Area by U.S. 

commercial fishing vessels that are over 

24 meters in overall length. The catch 

limit within a calendar year is subject to 

increase if the United States receives a 

transfer of catch limit from another 

IATTC member or cooperating nonmember, per paragraph (a)(5) of this 

section. 

* * * * * 

(e) * * * (1) 72-day closure. A 

commercial purse seine fishing vessel of 

the United States that is of class size 4– 

6 (more than 182 metric tons carrying 

capacity) may not be used to fish with 

purse seine gear in the Convention Area 

for 72 days in calendar year 2021 during 

one of the following two periods: 

(i) From 0000 hours Coordinated 

Universal Time (UTC) July 29 to 2400 

hours UTC October 8, or 

(ii) From 0000 hours UTC November 

9 to 2400 hours UTC January 19 of the 

following year. 

* * * * * 

(5) 31-day area closure. A fishing 

vessel of the United States of class size 

4–6 (more than 182 metric tons carrying 

capacity) may not be used from 0000 

hours on October 9, 2021, to 2400 hours 

on November 8, 2021, to fish with purse 

seine gear within the area bounded at 

the east and west by 96° and 110° W 

longitude and bounded at the north and 

south by 4° N and 3° S latitude. 

* * * * * 

[FR Doc. 2021–00975 Filed 1–15–21; 8:45 am] 

BILLING CODE 3510–22–P 


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