Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12375 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, EPA’s proposal to 

approve changes to ACHD regulations 

pertaining to establishing installation 

permit application and administration 

fees does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 11, 2015. 

William Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2015–05335 Filed 3–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

• 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. 

• 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. 

• 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 

RegionalAdministrator.WCRHMS@

noaa.gov. 

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 


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12376 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 

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° N. and 

50° S. parallels, and the 150° 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 nonmember 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 nonmember (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 Commissionwide 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 Commissionwide 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 derbystyle 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 largescale 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 nondirected 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 reopened 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, hookand-line) (79 FR 68133, November 14, 

2014). 


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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 

Year Catch 

(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 

TABLE 1—ANNUAL U.S. COMMERCIAL

CATCH, IN METRIC TONS (MT), OF

PACIFIC BLUEFIN TUNA IN THE EASTERN PACIFIC OCEAN FROM 1999 TO

2014—Continued 

Year Catch 

(mt) 

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/. 

* 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 

Scenarios 2015 U.S. commercial catch 

(and/or limit) 2016 U.S. commercial limit 

1 ........................................... 0–175 mt ......................................................................... 425 mt (max allowed). 

2 ........................................... 176–300 mt greater than ................................................ 300–424 mt (remainder of 600 mt catch limit). 

3 ........................................... 300 mt and up to 400 mt ................................................ 200 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 


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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-ofinformation 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-ofinformation subject to the requirements 

of the PRA, unless that collection-ofinformation 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, 


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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 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 

■ 1. The authority citation for part 300, 

Subpart C, continues to read as follows: 

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

■ 2. In § 300.21, add the definition for 

‘‘Trip limit’’ in alphabetical order to 

read as follows: 

§ 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. 

* * * * * 

■ 3. 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(h)(3) and (h)(5). 

* * * * * 

■ 4. In § 300.25, revise paragraph (h) to 

read as follows: 

§ 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] 

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