[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Rules and Regulations]
[Pages 5033-5035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00975]



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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.

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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:
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#e0b7a3b2cea8adb3a08e8f8181ce878f96"><span class="__cf_email__" data-cfemail="c99e8a9be781849a89a7a6a8a8e7aea6bf">[email protected]</span></a>.

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[deg] N latitude, 150[deg] W longitude, and 50[deg] 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

[[Page 5034]]

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[deg] and 110[deg] W and between 4[deg] N and 3[deg] 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:
    <bullet> Provisions related to transferring longline catch limits 
for bigeye tuna between IATTC members (50 CFR 300.25(a)(5)).
    <bullet> Provisions related to selection of a 72-day closure period 
(50 CFR 300.25(e)(2) and (3)).
    <bullet> Provisions related to exemptions from the 72-day closure 
period requirement due to force majeure (50 CFR 300.25(e)(4)).
    <bullet> Requirements related to stowing gear during time/area 
closure periods (50 CFR 300.25(e)(6)).
    <bullet> A requirement for all tropical tuna to be retained on 
board and landed (with certain exceptions) (50 CFR 300.27(a)).
    <bullet> 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

[[Page 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

0
1. The authority citation for 50 CFR part 300, subpart C, continues to 
read as follows:

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


0
2. Amend Sec.  300.25 by revising paragraphs (a)(2), (e)(1), and (e)(5) 
as follows:


Sec.  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 non-member, 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[deg] and 110[deg] W longitude and bounded at the north 
and south by 4[deg] N and 3[deg] S latitude.
* * * * *
[FR Doc. 2021-00975 Filed 1-15-21; 8:45 am]
BILLING CODE 3510-22-P


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