[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12375-12379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05385]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 141222999-5173-01]
RIN 0648-BE71


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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

DATES: Comments on the proposed rule and supporting documents must be 
submitted in writing by April 8, 2015. A public hearing will be held 
from 1 p.m. to 4 p.m. PDT, March 26, 2015. (See ADDRESSES for the 
public hearing location.)

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0151, 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-2014-0151, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> 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-2014-0151'' in the 
comments.
    <bullet> Public hearing: The public is welcome to attend a public 
hearing and offer comments on this proposed rule from 1 p.m. to 4 p.m. 
PDT, March 26, 2015, at 501 W. Ocean Boulevard, Suite 4200, Long Beach, 
CA 90802. The public may also participate in the public hearing via 
conference line: 1-877-934-5061, passcode 7998683.
    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).
    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-2014-0151 or contact with 
the Regional Administrator, William W. Stelle, Jr., NMFS West Coast 
Region, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-0070, or 
<a href="/cdn-cgi/l/email-protection#1f4d7a787670717e735e7b727671766c6b6d7e6b706d31485c4d57524c5f71707e7e31787069"><span class="__cf_email__" data-cfemail="247641434d4b4a45486540494d4a4d57505645504b560a7367766c6977644a4b45450a434b52">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS, 562-432-1850

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. The full text of the 1949 Convention is 
available

[[Page 12376]]

at: http://www.iattc.org/PDFFiles/IATTC_convention_1949.pdf.
    The IATTC facilitates scientific research into, as well as 
conservation and management of, highly migratory species of fish in the 
IATTC Convention Area (defined as the waters of the eastern Pacific 
Ocean (EPO)). Since 1998, conservation resolutions adopted by the IATTC 
have further defined the Convention Area as the area bounded by the 
coast of the Americas, the 50[deg] N. and 50[deg] S. parallels, and the 
150[deg] W. meridian. The IATTC has maintained a scientific research 
and fishery monitoring program for many years, and regularly assesses 
the status of tuna and billfish stocks in the EPO to determine 
appropriate catch limits and other measures deemed necessary to prevent 
overexploitation of these stocks and to promote sustainable fisheries. 
The IATTC currently consists of 21 member nations and four cooperating 
non-member nations.

International Obligations of the United States Under the Convention

    As a Contracting Party to the 1949 Convention and a member of the 
IATTC, the United States is legally bound to implement IATTC 
resolutions. The Tuna Conventions Act (16 U.S.C. 951-962) directs the 
Secretary of Commerce, after approval by the Secretary of State, to 
promulgate such regulations as may be necessary to implement 
resolutions adopted by the IATTC. The Secretary's authority to 
promulgate such regulations has been delegated to NMFS.

Pacific Bluefin Tuna Resolution

    Recognizing the need to reduce fishing mortality of Pacific bluefin 
tuna (Thunnus orientalis), the IATTC has adopted catch limits for 
Pacific bluefin tuna in the Convention Area since 2012. 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 Pacific bluefin tuna was 
not only experiencing overfishing, but was also overfished (78 FR 
41033, July 9, 2013). NMFS implemented the previous resolutions 
(Resolutions C-12-09 and C-13-02) to establish catch limits for the 
United States via rulemaking in 2013 (78 FR 33240, June 4, 2013) and 
2014 (79 FR 28452, May 16, 2014). At its resumed 87th Meeting in 
October 2014, the IATTC adopted Resolution C-14-06, ``Measures for the 
Conservation and Management of Bluefin Tuna in the Eastern Pacific 
Ocean, 2015-2016.'' The resolution, and subject of this rulemaking, was 
approved by the Secretary of State thereby prompting implementation by 
NMFS. Resolution C-14-06 reaffirms ``. . . that it is necessary to 
adopt . . . measures to reduce the fishing mortality of Pacific bluefin 
tuna . . . to contribute to the rebuilding of the stock'' and follows 
the IATTC scientific staff recommendations for a 20 to 45 percent 
reduction in catch.
    In 2014, the Western and Central Pacific Fisheries Commission 
(WCPFC), which has purview over the management of highly migratory fish 
stocks in the western and central Pacific Ocean, also adopted a 
conservation and management measure for Pacific bluefin tuna, to 
decrease the level of fishing mortality (CMM 2014-04). Future 
conservation measures adopted by the IATTC and WCPFC for Pacific 
bluefin tuna are expected to be based, in part, on information and 
advice from the ISC, which intends to complete an updated stock 
assessment in 2016.
    The main objective of Resolution C-14-06 is to reduce overfishing 
and to conserve and rebuild the Pacific bluefin tuna stock by setting 
limits on the commercial catch of Pacific bluefin tuna in the 
Convention Area for 2015 and 2016. C-14-06 establishes a catch limit 
for 2015 and 2016 combined of 600 metric tons (mt) for commercial 
vessels of each member or cooperating non-member (collectively known as 
CPCs), except Mexico, with a historical record of Pacific bluefin tuna 
catch from the EPO (such as the United States). For the United States, 
as well as any other CPC with a historical record of Pacific bluefin 
tuna catch in the EPO, the catch limit for both years combined would be 
600 mt and is not to exceed 425 mt in a single year. Additionally, if 
U.S. commercial Pacific bluefin tuna catch in the Convention Area 
exceeds 300 mt in 2015, then the 2016 U.S. catch limit may not exceed 
200 mt, which could result in a total combined catch for both years 
that is less than 600 mt.
    Resolution C-14-06 differs from prior IATTC resolutions on the 
conservation and management of Pacific bluefin tuna. As with prior 
resolutions, the current resolution establishes a Commission-wide catch 
limit applicable to all CPCs collectively and throughout the Convention 
Area; however, the individual CPC catch limits (as described above) 
count toward the Commission-wide limit. Under previous resolutions, the 
individual CPC limits were separate from the Commission-wide limit; 
specifically, the United States had the opportunity to catch the 
individual CPC limit as a minimum while also having access to the 
Commission-wide limit. Under Resolution C-14-06, the United States may 
not fish more than the individual CPC catch limit, as described above. 
Furthermore, since 2012, the annual CPC limit has been 500 mt. Under C-
14-06, the individual CPC limit would be approximately 600 mt over 2 
years, as described above.

Council Recommendations for the Implementation of C-14-06

    At its November 2014 meeting, the Pacific Fishery Management 
Council recommended that two trip limits be included in the rule to 
implement the annual catch limits in accordance with the resolution: 
(1) An initial 20 mt trip limit until catch is within 50 mt of the 
annual catch limit, and (2) a 2 mt trip limit that would be imposed 
when the cumulative catch for the year is within 50 mt of the annual 
catch limit. The trip limits are intended to enhance the effectiveness 
of inseason management such that the fishery is more likely to have 
access to the maximum catch limit for 2015 and 2016 (i.e., 600 mt). The 
monitoring of trip limits will assist managers and industry with 
staying informed on current catch levels as well as to ensure that the 
fishery is not closed prematurely. Furthermore, the trip limits may 
help alleviate derby-style fishing pressure and the potential for 
excess supply of Pacific bluefin tuna over short periods of time. This 
excess supply could drive down prices, while depriving consumers of 
Pacific bluefin tuna at other times. The 2 mt trip limit would be 
intended to prevent large-scale targeting of Pacific bluefin tuna, 
while allowing the retention of Pacific bluefin tuna that is harvested 
incidentally by fishermen targeting other species. This would reduce 
the likelihood of wasteful discards in non-directed fisheries (e.g., 
from drift gillnet, hook-and-line), which typically land less than 2 mt 
per trip.
    Annual and trip catch limits have been used in past management of 
this fishery. In 2014, NMFS closed the commercial fishery to U.S. 
vessels in 2014 (79 FR 53631, September 10, 2014) to avoid exceeding 
the annual catch limit of 500 mt; preliminary landings data, which is 
used to estimate catch, indicated catch was 454 mt. However, updated 
landings data revealed that U.S. catch was 403.5 mt; therefore, NMFS 
re-opened the fishery with a 1 mt trip limit with the intent to reduce 
the likelihood of wasteful discards in non-directed fisheries (e.g., 
from drift gillnet, hook-and-line) (79 FR 68133, November 14, 2014).

[[Page 12377]]

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 1999 to 2014 can be found in Table 1 below. The average 
annual Pacific bluefin tuna landed catch by U.S. commercial vessels 
fishing in the Convention Area from 2010 to 2014 represents only two 
percent of the average annual landings for all fleets fishing in the 
Convention Area during that period (for information on Pacific bluefin 
tuna harvests in the Convention Area through 2013, see: http://isc.ac.affrc.go.jp/pdf/ISC14pdf/ISC14_Plenary_Report_draft%20cleared%20140721-2_2Sept14_sms_forpostingonweb.pdf; for preliminary information on 
Pacific bluefin tuna harvest in the Convention Area in 2014, see http://www.iattc.org/MonthlyReports/2014/201410MonthlyRpt.pdf).

 Table 1--Annual U.S. Commercial Catch, in Metric Tons (mt), of Pacific
       Bluefin Tuna in the Eastern Pacific Ocean From 1999 to 2014
------------------------------------------------------------------------
                                                                 Catch
                             Year                                 (mt)
------------------------------------------------------------------------
1999.........................................................        186
2000.........................................................        313
2001.........................................................        196
2002.........................................................         11
2003.........................................................         36
2004.........................................................         10
2005.........................................................        207
2006.........................................................          1
2007.........................................................         45
2008.........................................................          1
2009.........................................................        415
2010.........................................................          1
2011.........................................................        118
2012.........................................................         43
2013.........................................................         10
2014.........................................................      * 404
------------------------------------------------------------------------
Source: Highly Migratory Species Stock Assessment and Fishery
  Evaluation: http://www.pcouncil.org/highly-migratory-species/stock-assessment-and-fishery-evaluation-safe-documents/current-hms-safe-document/ document/.
* Preliminary estimate of 2014 Pacific bluefin tuna landed catch by
  United States based on communications with California Department of
  Fish and Wildlife on December 11, 2014.

Proposed Regulations for Pacific Bluefin Tuna for 2015-2016

    This proposed rule would establish annual and trip catch limits for 
U.S. commercial vessels that catch Pacific bluefin tuna in the 
Convention Area for 2015 and 2016 (Table 2). A trip limit is proposed 
to be defined as the total allowable amount of a species by weight of 
fish that may be retained on board, transshipped, or landed during a 
single fishing trip by a vessel that harvests tuna or tuna-like 
species. In 2015, an annual catch limit for the entire U.S. fleet of 
425 mt with an initial trip limit of 20 mt per vessel would be imposed. 
When NMFS anticipates that total catch for the fleet has reached 375 
mt, NMFS will announce that a 2 mt trip limit for each vessel will be 
in effect until the total catch for the year reaches 425 mt. In 2016, 
the annual catch limit will be announced in a Federal Register notice 
and calculated to correspond with the limits established in the 
resolution (i.e., not to exceed 425 mt in a year and if catch exceeds 
300 mt in 2015, then catch will be limited to 200 mt in 2016). The 2016 
annual catch limit will be calculated as the remainder from 2015 (i.e., 
how much of 425 mt was not caught) added to 175 mt, except as follows: 
(1) If 175 mt or less is caught in 2015, then the 2016 annual catch 
limit is 425 mt; (2) if greater than 300 mt and up to 400 mt are caught 
in 2015, then the annual catch limit in 2016 will be 200 mt; or (3) if 
greater than 425 mt is caught in 2015, then the annual catch limit in 
2016 will be further reduced by the amount in excess of 425 mt (i.e., 
the remainder of the 600 mt limit for 2015-2016). The fishery in 2016 
will also be subject to an initial 20 mt trip limit until catch is 
within 50 mt of the 2016 annual catch limit, after which a 2 mt trip 
limit will be imposed.
    When NMFS determines that the annual catch limit is expected to be 
reached in 2015 or 2016 (based on landings receipts, data submitted in 
logbooks, and other available fishery information), NMFS will prohibit 
commercial fishing for, or retention of, Pacific bluefin tuna for the 
remainder of the calendar year. NMFS would publish a notice in the 
Federal Register announcing that the targeting, retaining, 
transshipping or landing for Pacific bluefin tuna will be prohibited on 
a specified effective date through the end of that calendar year. Upon 
that effective date, a commercial fishing vessel of the United States 
may not be used to target, retain on board, transship, or land Pacific 
bluefin tuna captured in the Convention Area during the period 
specified in the announcement, with the exception that any Pacific 
bluefin tuna already on board a fishing vessel on the effective date 
may be retained on board, transshipped, and/or landed, to the extent 
authorized by applicable laws and regulations, provided that they are 
landed within 14 days after the effective date.

    Table 2--Potential Scenarios for U.S. Commercial Catch of Pacific
  Bluefin Tuna, in Metric Tons (mt), From the Eastern Pacific Ocean in
                              2015 and 2016
------------------------------------------------------------------------
                              2015 U.S. commercial
          Scenarios              catch  (and/or     2016 U.S. commercial
                                     limit)                 limit
------------------------------------------------------------------------
1...........................  0-175 mt............  425 mt (max
                                                     allowed).
2...........................  176-300 mt greater    300-424 mt
                               than.                 (remainder of 600
                                                     mt catch limit).
3...........................  300 mt and up to 400  200 mt.
                               mt.
4...........................  401-425 mt..........  175-200 mt
                                                     (remainder of 600
                                                     mt catch limit).
5 *.........................  426-600 mt..........  0-174 mt.
------------------------------------------------------------------------
* Scenario 5 would occur only if the 2015 limit under Resolution C-14-06
  were exceeded.

Proposed Catch Monitoring, Annual and Trip Catch Limit Announcements

    NMFS would provide updates on Pacific bluefin tuna catches in the 
Convention Area to the public via the IATTC listserv and the West Coast 
Region Web site: http://www.westcoast.fisheries.noaa.gov/fisheries/migratory_species/bluefin_tuna_harvest_status.html. Additionally, NMFS 
would report preliminary estimates of Pacific bluefin tuna catch 
between monthly intervals if and when catches approach the limits to 
help

[[Page 12378]]

participants in the U.S. commercial fishery plan for the possibility of 
the annual catch limit being reached. NMFS will notify industry when 
catch approaches 250 mt in 2015.
    In 2015, NMFS would publish up to two Federal Register notices 
after the final rule is issued, imposing inseason management measures. 
First, NMFS would publish a notice when the commercial 2 mt trip limit 
is imposed (i.e., catch is expected to reach 375 mt). Second, NMFS 
would publish a notice closing the entire commercial fishery completely 
when NMFS determines that the annual catch limit is expected to be met.
    In 2016, NMFS would publish up to three notices in the Federal 
Register. The first notice would announce the 2016 annual catch limit. 
A second notice would announce the 2 mt trip limit, when NMFS 
determines that the commercial catch is expected to be within 50 mt of 
the annual catch limit. NMFS would publish a third notice in the 
Federal Register when NMFS determines that the annual catch limit is 
expected to be reached.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Tuna Conventions Act and other applicable 
laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Additionally, although there are no new collection-of-information 
requirements associated with this action that are subject to the 
Paperwork Reduction Act, existing collection-of-information 
requirements associated with the Fishery Management Plan for U.S. West 
Coast Fisheries for Highly Migratory Species (HMS FMP) still apply. 
These requirements have been approved by the Office of Management and 
Budget under Control Number 0648-0204. Notwithstanding any other 
provision of the law, no person is required to respond to, and no 
person shall be subject to penalty for failure to comply with, a 
collection-of-information subject to the requirements of the PRA, 
unless that collection-of-information displays a currently valid OMB 
control number.
    Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), 
the Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The rationale for the certification is provided in the following 
paragraphs:
    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467). The rule 
increased the size standard for Finfish Fishing from $19.0 million to 
$20.5 million, Shellfish Fishing from $5.0 million to $5.5 million, and 
Other Marine Fishing from $7.0 million to $7.5 million. NMFS conducted 
its analysis for this action in light of the new size standards. The 
small entities that would be affected by the proposed action are the 
small coastal purse seine vessels that harvest Pacific bluefin tuna.
    This proposed rule, in accordance with IATTC Resolution C-14-06 and 
following advice from the Pacific Fishery Management Council, will 
implement annual and trip catch limits for U.S. commercial vessels that 
harvest Pacific bluefin tuna in the Convention Area for 2015 and 2016. 
U.S. commercial catch of Pacific bluefin tuna from the Convention Area 
is primarily made in waters off of California largely by the coastal 
pelagic small purse seine fleet that opportunistically targets Pacific 
bluefin tuna and by other fleets that incidentally catch Pacific 
bluefin tuna (e.g., California large-mesh drift gillnet, surface hook-
and-line, west coast longline, and Hawaii's pelagic fisheries). 
Resolution C-14-06 sets a catch limit of 600 mt for both years combined 
and is not to exceed 425 mt in a single year. If the U.S. commercial 
Pacific bluefin tuna catch in the Convention Area exceeds 300 mt in 
2015, the U.S. catch may not exceed 200 mt in 2016. In each year, based 
on the Pacific Fishery Management Council's recommendation, NMFS is 
proposing a trip limit of 20 mt until catch is within 50 mt of the 
annual catch limit and a 2 mt trip limit when catch is within 50 mt of 
the annual catch limit.
    The two trip limits are expected to benefit the fishery. They are 
intended to enhance the effectiveness of inseason management such that 
the fishery will have access to the full catch limit for 2015 and 2016, 
combined. Further, the trip limit may help alleviate derby-style 
fishing pressure and the potential for excess supply of Pacific bluefin 
tuna, which could drive down market prices. Additionally, the 2 mt trip 
limit is intended to reduce the likelihood of wasteful discards in non-
directed fisheries (e.g., from drift gillnet and hook-and-line). NMFS 
will publish a notice in the Federal Register to notify stakeholders 
when the 2 mt trip limit will be imposed.
    The small entities to which the proposed action would apply are all 
U.S. commercial fishing vessels that may target (e.g., coastal pelagic 
purse seine vessels) or incidentally catch Pacific bluefin tuna in the 
Convention Area (e.g., drift gillnet); however, not all are affected by 
the proposed action. Annually, from 2009 to 2013, the number of small 
coastal pelagic purse seine vessels that landed Pacific bluefin tuna in 
the Convention Area ranged from zero to six. In 2009, eight purse seine 
vessels fishing in the Convention Area landed HMS in California, but 
only six of them were involved in landing about 410 mt of Pacific 
bluefin tuna in west coast ports worth about $427,000. In 2010 and 
2013, the coastal purse seine fishery did not land Pacific bluefin 
tuna. In 2011 and 2012, less than three vessels targeted Pacific 
bluefin tuna; therefore, their landings and revenue are confidential. 
Purse seine vessels have caught an average of 26 mt per trip from 2009 
through 2013; therefore, the 20 mt trip limit may result in an economic 
loss. From 2004 through 2013, purse seiners have caught an average of 
42 mt of Pacific bluefin tuna per vessel annually (an average only of 
the years in which there were Pacific bluefin tuna landings by purse 
seine vessels). Vessels are expected to cease fishing for Pacific 
bluefin tuna when they reach the trip limit and possibly divert effort 
to other fisheries, such as coastal pelagic species (e.g., market 
squid, sardine) or make more frequent trips targeting Pacific bluefin 
tuna. In contrast, vessels with other gear-types landing incidentally-
caught Pacific bluefin tuna have not landed more than 2 mt; therefore, 
these vessels are unlikely to be affected by the proposed trip limits. 
Vessels with incidental landings of Pacific bluefin tuna in 2013 
include twelve drift gillnet vessels, nine surface hook-and-line 
vessels, three longline vessels, and three bait boats.
    Since 2000, the average annual revenue per vessel from all finfish 
fishing activities for the U.S. purse seine fleet and other fleets that 
have landed Pacific bluefin tuna has been less than $20.5 million, 
whether considering an individual vessel or per vessel average. Since 
2004, in years Pacific bluefin tuna was landed, purse seine vessels 
that caught Pacific bluefin tuna had an average annual income of about 
$1.9 million per vessel (based on all species landed). The revenue 
derived from Pacific bluefin tuna is only a small fraction (2.62% 
annually from 2004-2013) of the overall revenue, as small coastal 
pelagic purse seine vessels typically harvest other species,

[[Page 12379]]

including Pacific sardine, Pacific mackerel, squid, and anchovy. 
Implementation of the annual catch limits for 2015 and 2016 in this 
proposed action is not expected to result in changes in current fishery 
operations, as the annualized catch limit is above recent annual 
average catches of Pacific bluefin tuna by all fleets. The proposed 
action is expected to result in an annual loss of approximately 12 mt 
(value of $12,000) of Pacific bluefin tuna by purse seine vessels 
during 2015 and 2016; the ex-vessel value of Pacific bluefin tuna in 
this fishery is $1.03/kilogram. This amount is negligible relative to 
the fleet's annual revenue resulting from other species. Accordingly, 
vessels' income is not expected to be altered significantly as a result 
of this rule.
    The absence of the proposed action would allow U.S. fisheries to 
target Pacific bluefin tuna without restriction (except for existing 
permit requirements, such as a Pacific Highly Migratory Species Permit 
under the HMS FMP). The 2014 annual catch limit of 500 mt expired on 
December 31, 2014 (79 FR 28448, May 16, 2014). Not implementing the 
limits in Resolution C-14-06 that are intended to reduce fishing 
mortality could contribute to continued overfishing or overfished 
conditions for the stock (78 FR 41033, July 9, 2013). Alternatively, 
the implementation of Resolution C-14-06 will contribute to the sharing 
of sustainable benefits from Pacific bluefin tuna fishery resources 
among the IATTC member and cooperating non-member countries.
    Pursuant to the Regulatory Flexibility Act and the SBA's June 20, 
2013 and June 14, 2014 final rules (78 FR 37398 and 79 FR 33647, 
respectively), this certification was developed for this action using 
the SBA's revised size standards. NMFS considers all entities subject 
to this action 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, this proposed action is considered 
to equally affect all of these small entities in the same manner. Based 
on the disproportionality and profitability analysis above, the 
proposed action, if adopted, will not have adverse or disproportional 
economic impact on these small business entities. Therefore, the 
proposed action would not have a significant economic impact on a 
substantial number of small entities. As a result, an Initial 
Regulatory Flexibility Analysis is not required, and was not prepared 
for this proposed rule.

List of Subjects in 50 CFR Part 300

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

    Dated: March 3, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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

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

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

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


Sec.  300.21  Definitions.

* * * * *
    Trip limit means the total allowable amount of a species by weight 
of fish that may be retained on board, transshipped, or landed from a 
single fishing trip by a vessel that harvests tuna or tuna-like 
species.
* * * * *
0
3. In Sec.  300.24, revise paragraph (u) to read as follows:


Sec.  300.24  Prohibitions.

* * * * *
    (u) Use a United States commercial fishing vessel in the Convention 
Area to target, retain on board, transship or land Pacific bluefin tuna 
in contravention of Sec.  300.25(h)(3) and (h)(5).
* * * * *
0
4. In Sec.  300.25, revise paragraph (h) to read as follows:


Sec.  300.25  Eastern Pacific fisheries management.

* * * * *
    (h) Pacific bluefin tuna commercial catch limits in the eastern 
Pacific Ocean for 2015-2016. The following is applicable to the U.S. 
commercial fishery for Pacific bluefin tuna in the Convention Area in 
the years 2015 and 2016.
    (1) For the calendar year 2015, all commercial fishing vessels of 
the United States combined may capture, retain, transship, or land no 
more than 425 metric tons in the Convention Area.
    (2) In 2016, NMFS will publish a notice in the Federal Register 
announcing the 2016 annual catch limit. For the calendar year 2016, all 
commercial fishing vessels of the United States combined may capture, 
retain on board, transship, or land no more than the 2016 annual catch 
limit. The 2016 annual catch limit is calculated by adding any amount 
of the 425 metric ton catch limit that was not caught in 2015, as 
determined by NMFS, to 175 metric tons, except as follows:
    (i) if 175 metric tons or less are caught in 2015, as determined by 
NMFS, then the 2016 catch limit is 425 metric tons;
    (ii) if in 2015, greater than 300 metric tons and up to 400 metric 
tons are caught, as determined by NMFS, then the 2016 catch limit is 
200 metric tons; or
    (iii) if greater than 425 metric tons are caught in 2015, as 
determined by NMFS, then the 2016 catch limit is calculated by 
subtracting the amount caught in 2015 from 600 metric tons.
    (3) In 2015 and 2016, a 20 metric ton trip limit will be in effect 
until NMFS anticipates that catch will be within 50 metric tons of the 
annual catch limits, after which a 2 metric ton trip limit will be in 
effect upon publication of a notice in the Federal Register by NMFS.
    (4) After NMFS determines that the annual catch limits under 
paragraphs (h)(1) and (h)(2) of this section are expected to be reached 
by a future date, NMFS will publish a fishing closure notice in the 
Federal Register announcing the effective date that additional 
targeting, retaining on board, transshipping or landing Pacific bluefin 
tuna in the Convention Area shall be prohibited as described in 
paragraph (h)(5) of this section.
    (5) Beginning on the date announced in the fishing closure notice 
published under paragraph (h)(4) of this section through the end of the 
calendar year, a commercial fishing vessel of the United States may not 
be used to target, retain on board, transship, or land Pacific bluefin 
tuna captured in the Convention Area, with the exception that any 
Pacific bluefin tuna already on board a fishing vessel on the effective 
date of the notice may be retained on board, transshipped, and/or 
landed, to the extent authorized by applicable laws and regulations, 
provided such Pacific bluefin tuna is landed within 14 days after the 
effective date published in the fishing closure notice.

[FR Doc. 2015-05385 Filed 3-6-15; 8:45 am]
 BILLING CODE 3510-22-P


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