106400 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules 

Dated: December 19, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–30740 Filed 12–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[241220–0333] 

RIN 0648–BN29 

International Fisheries; Pacific Tuna 

Fisheries; 2025–2026 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; notice of 

availability of a draft environmental 

assessment; request for comments. 

SUMMARY: NMFS is proposing 

regulations under the Tuna Conventions 

Act of 1950, as amended (TCA), to 

implement Inter-American Tropical 

Tuna Commission (IATTC) Resolution 

C–24–02 (Measures for the Conservation 

and Management of Bluefin Tuna in the 

Eastern Pacific Ocean) adopted by the 

IATTC in September 2024. This 

proposed rule would implement annual 

and trip limits on United States 

commercial catch of Pacific bluefin tuna 

(Thunnus orientalis) (PBF) in the 

eastern Pacific Ocean (EPO) for 2025– 

2026. This action is necessary to 

conserve PBF and for the United States 

to satisfy its obligations as a member of 

the IATTC. In accordance with the 

National Environmental Policy Act 

(NEPA), NMFS also announces the 

availability of a draft environmental 

assessment (EA) that analyzes the 

potential effects of the associated 

proposed rule. 

DATES: Comments on the proposed rule, 

draft environmental assessment, and 

supporting documents must be 

submitted in writing by January 29, 

2025. 

ADDRESSES: A plain language summary 

of this proposed rule is available at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0146. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2024–0146 or the draft environmental 

assessment by: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2024–0146’’ in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

Comments must be submitted 

electronically 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). Please specify whether the 

comments provided are associated with 

the proposed rule, draft environmental 

assessment, or other supporting 

documents. 

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–2024–0146 or contact Highly 

Migratory Species Branch, Amanda 

Munro, NMFS, Amanda.Munro@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Munro, NMFS, (619) 407–9284, 

Amanda.Munro@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background on the IATTC 

The United States is a member of the 

IATTC, which was established in 1949 

and operates under the Convention for 

the Strengthening of the Inter-American 

Tropical Tuna Commission Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

Convention). 

The IATTC consists of 21 member 

nations and 5 cooperating non-member 

nations. The IATTC facilitates scientific 

research into, as well as the 

conservation and management of, tuna 

and tuna-like species in the IATTC 

Convention Area. 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, shark, and 

billfish stocks in the EPO to determine 

appropriate catch limits and other 

measures to promote sustainable 

fisheries and prevent overexploitation. 

The text of the Antigua Convention 

can be found here: https://

www.iattc.org/PDFFiles/IATTCInstruments/_English/IATTC_Antigua_

Convention%20Jun%202003.pdf. 

International Obligations of the United 

States Under the Convention 

As a Party to the Antigua Convention 

and a member of the IATTC, the United 

States is legally bound to implement 

decisions of the IATTC. The TCA, 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. All resolutions 

adopted by the IATTC can be found 

online: http://iattc.org/ 

ResolutionsActiveENG.htm. 

Pacific Bluefin Tuna Stock Status 

In 2011, NMFS determined 

overfishing was occurring on PBF (76 

FR 28422, May 17, 2011), which is 

considered a single Pacific-wide stock. 

In 2013, based on the results of a stock 

assessment conducted by the 

International Scientific Committee for 

Tuna and Tuna-like Species in the 

North Pacific Ocean (ISC), NMFS 

determined that PBF was not only 

subject to overfishing, but was also 

overfished (78 FR 41033, July 9, 2013). 

Subsequently, based on the results of 

the 2014, 2016, 2018, and 2020 ISC 

stock assessments, NMFS determined 

that PBF continued to be overfished and 

subject to overfishing (See 80 FR 12621, 

March 10, 2015; 82 FR 18434, April 19, 

2017; 84 FR 19905, May 7, 2019; 86 FR 

9910, Feb. 17, 2021). 

Since 2016, the IATTC and the 

Northern Committee (NC) to the 

Western and Central Pacific Fisheries 

Commission (WCPFC) have held annual 

joint working group meetings intended 

to develop a Pacific-wide approach to 

management of PBF. Joint IATTC– 

WCPFC NC Working Group (JWG) 

recommendations have included 

establishing rebuilding targets and 

criteria that must be met before 

considering catch limit increases. 

Conservation measures adopted by the 


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IATTC and WCPFC have considered the 

recommendations of the JWG. 

At its sixth meeting in 2021, the JWG 

considered the most recent ISC stock 

assessment and noted that the initial 

rebuilding target may have been met 

early. The JWG recommended the 

IATTC and WCPFC increase catch limits 

consistent with the rebuilding plan 

previously agreed to by the IATTC and 

WCPFC. Subsequently, the IATTC 

adopted Resolution C–21–05, which 

established catch limits consistent with 

the JWG recommendation. NMFS 

implemented Resolution C–21–05 

through a rulemaking which established 

catch and trip limits for 2022–2024 (87 

FR 47939, August 5, 2022). In 2022, 

NMFS determined that the stock was 

still overfished but no longer 

experiencing overfishing. 

In 2024, the ISC stock assessment for 

PBF determined that the stock had 

likely met the second rebuilding target 

12 years ahead of schedule. NMFS 

subsequently determined that the stock 

was no longer overfished. The ISC 

projected that further catch increases 

were possible while maintaining the 

continued growth of the stock. 

At its ninth meeting held July 10–14, 

2024, the JWG considered the ISC 

projection scenarios and recommended 

increasing harvest of PBF. The ISC is 

currently undertaking a management 

strategy evaluation (MSE) for PBF to be 

completed in 2025. The JWG’s 

recommended catch increases are based 

on an ISC projection scenario that is 

expected to ensure a greater than 50 

percent probability of not overfishing 

relative to all of the candidate reference 

points being evaluated in that MSE. The 

recommended catch increases also 

result in an increased fishery impact 

ratio on the stock for the EPO compared 

to the fishery impact for the western and 

central Pacific Ocean (WCPO), 

increasing the EPO fishery’s current 

impact of 17 percent to 21 percent by 

2034. 

IATTC Pacific Bluefin Tuna 

Resolutions 

The IATTC has adopted PBF catch 

limits in the Convention Area since 

2012. For more information about 

previous management measures, see the 

final rules implementing Resolution C– 

14–06 (80 FR 38986, July 8, 2015), 

Resolution C–16–08 (82 FR 18704, April 

21, 2017), Resolutions C–18–01 and C– 

18–02 (84 FR 18409, May 1, 2019), 

Resolution C–20–02 (86 FR 16303, 

March 29, 2021), and Resolution C–21– 

05 (87 FR 47939, August 05, 2022). 

On August 5, 2022, NMFS published 

a final rule (87 FR 47939) implementing 

IATTC Resolution C–21–05 (Measures 

for the Conservation and Management of 

Pacific Bluefin Tuna in the Eastern 

Pacific Ocean). That rule established an 

initial combined catch limit for 2023– 

2024 of 1,017 metric tons (mt). It also 

implemented an initial trip limit of 30 

mt, intermediate trip limits of 20 mt and 

10 mt, and a low trip limit of 3 mt. 

These trip limits were designed to 

adjust seasonally throughout the year as 

total catch approached the annual limit. 

However, U.S. vessels did not utilize 

enough of the annual catch limit to 

trigger reduced trip limits in 2023 or 

2024. 

At its 102nd Meeting in September 

2024, the IATTC adopted Resolution C– 

24–02, which establishes catch limits 

consistent with the 2024 JWG 

recommendation and determines how 

the EPO increase will be divided 

between the United States and Mexico. 

The Resolution contains catch increases 

for both Mexico and the United States 

and adds a footnote allowing up to 10 

mt to be caught by members not named 

in the Resolution, recognizing that other 

fleets in the EPO have reported small 

catches of bluefin due to the increased 

stock abundance. The 2025–2026 

biennial catch limit for the United 

States established in C–24–02 is 1,822 

mt, not to exceed 1,285 mt in any one 

year. 

As in previous resolutions, an IATTC 

member may add to the new catch limit 

any under-harvest from the previous 

catch limit in an amount not to exceed 

5 percent of the last biennial catch limit. 

In this case, the United States may add 

up to 5 percent of 1,017 mt (i.e., 50.85 

mt) from 2023–2024 to the 2025–2026 

biennial catch limit. From the California 

Department of Fish and Wildlife reports, 

NMFS estimates that U.S. commercial 

vessels will catch less than 335 mt in 

2023–2024. Therefore, NMFS projects 

that the 2025–2026 biennial catch limit 

will be approximately 1,873 mt. This 

number will be finalized before 

publication of the final rule. 

Pacific Fishery Management Council 

Recommendations for the 

Implementation of Resolution C–24–02 

At its November 2024 meeting, the 

Pacific Fishery Management Council 

(PFMC) considered advisory body 

reports and recommended a trip limit 

scheme similar to the ones implemented 

for 2021 and 2022–2024, but with 

higher initial, intermediate, and low trip 

limits. The annual catch and trip limits 

proposed in this rule are consistent with 

the PFMC’s recommendation and are 

described in the next section. 

Proposed Regulations for Pacific 

Bluefin Tuna for 2025–2026 

Consistent with recommendations 

from the PFMC and its advisory bodies 

at the November 2024 meeting, this 

proposed rule would establish trip 

limits for 2025 and 2026 while 

maintaining an adaptive management 

approach. The intent behind these trip 

limits is to encourage U.S. vessel 

owners and operators to fully utilize the 

U.S. catch limit while allowing ample 

opportunity for multiple gear types. 

Trip limits would adjust seasonally, 

with the intent to ensure a portion of the 

annual catch limit remains available to 

smaller-volume gear types throughout 

the year. The proposed annual catch 

and trip limits are described in detail 

below. 

Proposed PBF Management Regime for 

2025–2026 

The proposed annual catch limit for 

2025 is 1,285 mt. The proposed annual 

catch limit for 2026 is the total 

cumulative catch in 2025 subtracted 

from the biennial limit, not to exceed 

1,285 mt. The proposed initial trip limit 

for both 2025 and 2026 is 60 mt and 

would adjust as follows: 

January–June: 

• The trip limit decreases to 40 mt if 

the total catch is within 400 mt of the 

annual limit. 

• The trip limit decreases to 5 mt if 

the total catch is within 225 mt of the 

annual limit. 

July–September: 

• The trip limit decreases to 40 mt if 

the catch is within 300 mt of the annual 

limit. 

• The trip limit decreases to 5 mt if 

the total catch is within 175 mt of the 

annual limit. 

October–December: 

• The trip limit decreases to 40 mt if 

the catch is within 200 mt of the annual 

limit. 

• The trip limit decreases to 5 mt if 

the total catch is within 125 mt of the 

annual limit. 

Under the terms of this proposed rule, 

NMFS would announce the 2026 annual 

limit in a notice published in the 

Federal Register in January or early 

February 2026. This notice would also 

be posted on the NMFS website: https:// 

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

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

The catch and trip limits proposed in 

this rulemaking represent 

approximately an 80 percent increase 

over the current (i.e., 2022–2024) 

management regime (87 FR 47939, 

August 5, 2022). This is based on a 

recent stock assessment and subsequent 


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status determinations which found the 

PBF stock in the eastern Pacific Ocean 

is no longer overfished nor subject to 

overfishing. 

Landing Receipt Submission Deadlines 

Under California law and regulations, 

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

California and are required to be 

submitted to the California Department 

of Fish and Wildlife (DFW) within 3 

business days (see California Fish and 

Game Code section 8046 and 14 

California Code of Regulations § 197). 

Under current Federal regulations (see 

50 CFR 300.25(g)(9)), if landing PBF in 

California, fish landing receipts must be 

submitted within 24 hours to DFW. This 

proposed rule would maintain that 

requirement. 

In-Season Action Announcements 

Under this proposed rulemaking, 

NMFS would use available fishery 

information (i.e., landing receipts) to 

estimate when the overall catch is 

expected to reach thresholds at which 

the agency would reduce the trip limit. 

NMFS would then make decisions on 

in-season actions to reduce the trip limit 

or close the fishery based on those 

estimates. 

Under current Federal regulations (see 

50 CFR 300.25(g)(8)), if an in-season 

action taken under paragraphs is based 

on overestimate of actual catch, NMFS 

will reverse that action in the timeliest 

possible manner, provided NMFS finds 

that reversing that action is consistent 

with the management objectives for the 

affected species. This proposed rule 

would maintain that requirement. 

Under current Federal regulations (see 

50 CFR 300.25(g)(7)), NMFS posts a 

notice on the NMFS website 

announcing in-season actions to reduce 

trip limits or close the fishery (https:// 

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

sustainable-fisheries/pacific-bluefintuna-commercial-harvest-status). Inseason actions to reduce trip limits or 

close the fishery are also announced by 

email to vessel owners and published in 

the Federal Register as soon as 

practicable. In-season actions are 

effective upon the earlier of either 

receipt by email of such notice or 

publication in the Federal Register. 

This proposed rule would maintain 

these announcement procedures. 

In 2025–2026, if NMFS determines 

that cumulative catch is expected to 

meet any of the thresholds described 

previously (based on landing receipts or 

other available information), an 

intermediate or lower trip limit would 

be imposed by NMFS using the inseason action procedures described 

previously. Upon the effective date of an 

in-season action to change trip limits, 

targeting, retaining on board, 

transshipping, or landing PBF in the 

Convention Area in violation of the inseason action would be prohibited, with 

the exception that any PBF already on 

board a fishing vessel on the effective 

date of the notification of in-season 

action may be retained on board and 

landed or transshipped within 24 hours 

after the effective date of the notice. If 

NMFS determines in 2025 or 2026 that 

the annual catch limits are expected to 

be reached, NMFS would close the 

fishery effective upon the date provided 

in the notification. The exception 

allowing any PBF already on board a 

fishing vessel on the effective date of the 

notice to be retained, landed, or 

transshipped would apply, provided 

they are landed or transshipped within 

14 days after the closure date. 

Catch Reporting 

Under this proposed rulemaking, 

NMFS would continue to provide 

updates on PBF catches in the 

Convention Area to the public via the 

NMFS website: https://

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

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

would update the website as long as the 

updates do not disclose confidential 

information. These updates are intended 

to help participants in the U.S. 

commercial fishery plan for reduced trip 

limits and attainment of annual limits. 

Classification 

Tuna Conventions Act 

The NMFS Assistant Administrator 

has determined that this proposed rule 

is consistent with the Tuna Conventions 

Act and other applicable laws, subject to 

further consideration after public 

comment. 

National Environmental Policy Act 

NMFS addressed NEPA requirements 

through preparation of an EA that 

describes the impact on the human 

environment that would result from 

implementation of this action. Based on 

the EA, Regulatory Impact Review, and 

review of criteria for significance (see 40 

CFR 1501.3(b)) and section 7(C) of 

NOAA’s Policies and Procedures for 

Compliance with National 

Environmental Policy Act and Related 

Authorities (Companion Manual for 

NOAA Administrative Order 216–6A)), 

no significant effect on the quality of the 

human environment is anticipated as a 

result of any of the action alternatives 

contained in the draft EA. A copy of the 

draft EA is available from NMFS (see 

ADDRESSES). This action also announces 

a public comment period on the draft 

EA. 

Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. 605(b) (RFA), the Chief 

Counsel for Regulation of the 

Department of Commerce certified to 

the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The rationale for this 

certification follows. 

The SBA defines a ‘‘small business’’ 

(or ‘‘small entity’’) as one with annual 

revenue that meets or is below an 

established size standard. On December 

29, 2015, NMFS issued a final rule 

establishing a small business size 

standard of $11 million in annual gross 

receipts for all businesses primarily 

engaged in the commercial fishing 

industry (NAICS 11411) for RFA 

compliance purposes only (80 FR 

81194). The $11 million standard 

became effective on July 1, 2016, and is 

to be used in place of the U.S. SBA 

current standards of $20.5 million, $5.5 

million, and $7.5 million for the finfish 

(NAICS 114111), shellfish (NAICS 

114112), and other marine fishing 

(NAICS 114119) sectors of the U.S. 

commercial fishing industry in all 

NMFS rules subject to the RFA after July 

1, 2016. Id. at 81194. 

The proposed action is intended to 

provide increased fishing opportunity to 

U.S. fishermen now that the PBF stock 

is rebuilt, while ensuring that catches 

remain within the annual and biennial 

limits. The entities the proposed action 

would directly affect are U.S. 

commercial fishing vessels that catch 

and retain PBF in the IATTC 

Convention Area (e.g., coastal purse 

seine vessels and drift gillnet vessels). 

U.S. commercial catch of PBF from the 

IATTC Convention Area is primarily 

made in waters off of California by the 

coastal pelagic purse seine fleet, which 

targets PBF opportunistically, and the 

surface hook-and-line fleet. Other fleets 

(e.g., California large-mesh drift gillnet 

and North pacific albacore troll) catch 

PBF incidentally or in small quantities. 

U.S. Coastal Purse Seine Fleet 

Coastal purse seiners fish relatively 

close to shore off of California within 

the U.S. exclusive economic zone. They 

primarily target small coastal pelagic 

species such as Pacific mackerel, Pacific 

sardine, anchovy, and market squid. 

These vessels opportunistically target 

PBF when they enter the coastal waters 

of the Southern California Bight from 


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May to October. The fleet will also 

opportunistically target tropical tunas 

(yellowfin and skipjack) when 

intrusions of warm water from the south 

bring these species within range of the 

fleet. 

Since 2006, the average annual 

revenue per vessel from all finfish 

fishing activities for the U.S. purse seine 

fleet that have landed PBF has been far 

less than $11 million. From 2019–2023, 

coastal purse seine vessels that caught 

highly migratory species (HMS) had exvessel revenues ranging from less than 

$20 to $512,956 per vessel per year 

(based on all species landed). Therefore, 

all of the vessels in this fleet are 

considered small businesses. Over the 

past 5 years, PBF has accounted for 17 

percent of the total revenues of the 

coastal purse seine fleet. 

TABLE 1—EX-VESSEL REVENUE OF COASTAL PURSE SEINE VESSELS THAT MADE LANDINGS OF HIGHLY MIGRATORY

SPECIES (HMS), BY YEAR: MINIMUM, MAXIMUM, AND MEAN

[Data from PacFIN] 

2019 2020 2021 2022 2023 

Num. Vessels ....................................................................... 11 12 <5 10 8 

Min ....................................................................................... $23 $7,271 <$7,000 $9 $5,848 

Max ...................................................................................... $135,549 $512,956 <$55,000 $183,012 $76,154 

Mean .................................................................................... $57,563 $170,507 $24,055 $77,626 $25,095 

Prior to the implementation of a 25 mt 

trip limit in 2015, coastal purse seine 

vessels landed an average of 41 mt per 

trip, and were capable of landing over 

70 mt in a single trip. For the years 

2022–2024, NMFS implemented a 30 mt 

trip limit. U.S. purse seine vessels did 

not utilize enough of the annual catch 

limit to trigger reduced trip limits in any 

year between 2022 and 2024. This may 

be because the 30 mt trip limits imposed 

were too restrictive for the purse seine 

fleet with growing schools of PBF. 

Because the annual and trip limits in 

2025–2026 are higher than in recent 

years (trip limits starting at 60 mt), the 

proposed action is expected to provide 

more opportunity to the purse seine 

fleet when compared to the management 

of commercial PBF from 2015–2024. 

Buffer points that reduce trip limits 

throughout the year are intended to 

avoid overutilization and ensure that 

fleets other than purse seine can 

continue to fish throughout the year. 

Catch and trip limits would be higher 

than the past 5 years of management for 

this stock, so the proposed rule is 

expected to provide increased revenue 

opportunity for this fleet. Purse seine 

vessels are also able to switch to other 

species if PBF trip limits decrease or the 

annual limit approaches. PBF has not 

been the primary revenue source of this 

fleet in recent years, and the proposed 

rule would not affect opportunities to 

fish other species. NMFS does not 

expect revenues, costs, or corresponding 

profitability of coastal purse seine 

vessels to be significantly altered as a 

result of this proposed rule. 

Surface Hook-and-Line 

The surface hook-and-line fishery 

mainly operates off the coast of 

California, although some landings 

occur in Oregon and Washington. The 

number of surface hook-and-line vessels 

in the U.S. fleet has ranged from 79–188 

in the past 5 years with a mean of 160 

total vessels. As the PBF stock has 

recovered, the hook-and-line fishery has 

also grown. In 2019, 13 percent of total 

PBF landings came from the hook-andline fleet. Hook-and-line PBF landings 

have since grown to 88 percent of total 

landings in 2023. Metric tons of PBF 

caught by this fleet have also steadily 

increased over the past 5 years, from 

36.07 mt in 2019 to 162.63 mt in 2023. 

However, the catch of PBF per trip in 

this fleet is relatively small. On average, 

vessels in this fleet catch only 0.15 mt 

of PBF per trip. 

Ex-vessel revenue of the surface hookand-line fleet has ranged from less than 

$20 to $217,660. Therefore, all of the 

vessels in this fleet are considered small 

businesses. 

TABLE 2—EX-VESSEL REVENUE OF SURFACE HOOK-AND-LINE VESSELS THAT MADE HMS LANDINGS, BY YEAR: MINIMUM, 

MAXIMUM, AND MEAN

[Data from PacFIN] 

2019 2020 2021 2022 2023 

Num. Vessels ....................................................................... 79 111 145 188 178 

Min ....................................................................................... $48 $90 $78 $9 $96 

Max ...................................................................................... $55,264 $114,851 $123,740 $139,529 $217,660 

Mean .................................................................................... $5,106 $8,215 $8,915 $9,487 $11,505 

The catch limits proposed in this rule 

are higher than the past 5 years of 

management for this stock, which 

would provide increased revenue 

opportunity for this fleet. PBF makes up 

the majority of this fleet’s revenue, but 

due to the low volume of PBF landings 

per trip these vessels would not be 

subjected to reduced trip limits. The trip 

limit of 5 mt would allow the surface 

hook-and-line fleet to continue to catch 

this valuable stock throughout the year, 

even in a scenario of increased purse 

seine effort. This proposed rule is 

expected to increase fishing 

opportunities for the surface hook-andline vessels. NMFS does not expect 

revenues, costs, or corresponding 

profitability of surface hook-and-line 

vessels to be significantly altered as a 

result of this proposed rule. 

Other U.S. Fleets That Catch PBF 

Other gears known to land PBF 

include large-mesh drift gillnet, North 

Pacific albacore troll, and non-HMS 

fisheries. Since 2006, the average annual 

ex-vessel revenue for all U.S. vessels 

that landed PBF in small quantities has 

been less than $11 million. All of these 

vessels are considered small businesses. 

The number of vessels from these 

fisheries that have landed PBF have 


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ranged from 14–39 over the past 5 years, 

with an average of 23 per year. The 

metric tons of PBF landed by these gears 

have ranged from 11.38 to 57.15 mt per 

year, with a mean of 27.34 mt. Revenue 

from PBF landings by these fleets makes 

up a small percentage of their total 

revenue. 

The majority of these landings came 

from the large-mesh drift gillnet fishery 

(DGN), which targets swordfish and 

thresher shark and also retains other 

marketable species. The number of 

vessels in this fishery has steadily 

decreased over the past 5 years. The 

Driftnet Modernization and Bycatch 

Reduction Act enacted in 2022 will 

sunset the use of large-mesh drift 

gillnets after 5 years, which will be 

December 2027. Landings of PBF from 

the DGN fleet have ranged from 9.57 mt 

to 54.74 mt in the past 5 years. DGN 

gear has never landed PBF in quantities 

greater than 5 mt in a single trip, so they 

are not likely to be impacted by any of 

the proposed trip limits. 

TABLE 3—EX-VESSEL REVENUE OF DRIFT GILLNET VESSELS, BY YEAR: MINIMUM, MAXIMUM, AND MEAN

[Data from PacFIN] 

2019 2020 2021 2022 2023 

Num. Vessels ....................................................................... 15 12 7 7 5 

Min ....................................................................................... $617 $7,959 $224 $10,226 $12,302 

Max ...................................................................................... $59,127 $83,447 $233,929 $136,880 $157,287 

Mean .................................................................................... $26,842 $32,117 $77,787 $64,052 $97,690

The proposed rule would establish a 

trip limit of 5 mt to reduce the 

possibility of regulatory discards in 

these fleets as total catch approaches the 

annual limit. NMFS does not expect 

revenues, costs, or corresponding 

profitability of drift gillnet vessels to be 

significantly altered as a result of this 

proposed rule. 

Overall Expected Economic Impacts of 

Proposed Regulations and Certification 

Pursuant to the RFA and NMFS’ 

December 29, 2015, final rule (80 FR 

81194), this certification was developed 

using NMFS’ revised size standards. 

NMFS considers all entities subject to 

this action to be small entities as 

defined by both the former size 

standards and the revised size 

standards. The proposed action would 

likely result in increased fishing 

opportunities relative to previous years, 

and would not cause significant 

negative economic impacts to the 

affected fishing fleets. Any impact to the 

income of U.S. vessels is expected to be 

minor. Because each affected vessel is a 

small business, there are no 

disproportionate economic impacts on 

small entities relative to large entities. 

In summary, the proposed action, if 

adopted, is not expected to have a 

significant adverse economic impact on 

the profitability of a substantial number 

of small entities, or a disproportionate 

economic effect on small entities 

relative to large entities. Given these 

conclusions, an Initial Regulatory 

Flexibility Analysis is not required and 

none has been prepared. 

Paperwork Reduction Act 

This proposed rule does not contain 

a change to a collection of information 

requirement for purposes of the 

Paperwork Reduction Act of 1995 

(PRA). The existing collection of 

information requirements would 

continue to apply under the following 

OMB Control Number(s): 0648–0778, 

Reporting and Notification 

Requirements in West Coast PBF 

Fishery. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

Executive Order 12866 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Executive Order 13175 

NMFS has determined that this action 

would not have a substantial direct 

effect on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes; 

therefore, consultation with Tribal 

officials under Executive Order 13175 is 

not required, and the requirements of 

sections (5)(b) and (5)(c) of Executive 

Order 13175 also do not apply. A Tribal 

summary impact statement under 

section (5)(b)(2)(B) and section 

(5)(c)(2)(B) of Executive Order is not 

required and has not been prepared. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: December 20, 2024. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 300 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 § 300.24, revise paragraph (u) to 

read as follows: 

§ 300.24 Prohibitions. 

* * * * * 

(u) Use a United States commercial 

fishing vessel in the Convention Area to 

target, retain on board, transship, or 

land Pacific bluefin tuna in 

contravention of § 300.25(g). 

* * * * * 

■ 3. In § 300.25, revise paragraph (g) to 

read as follows: 

§ 300.25 Fisheries management. 

* * * * * 

(g) Pacific bluefin tuna (Thunnus 

orientalis) commercial catch limits, 

reporting requirements, and in-season 

action procedures—(1) Biennial catch 

limit for 2025–2026. The biennial catch 

limit for 2025–2026 is 1,822 metric tons, 

plus up to 5 percent of under-harvest 

from the 2023–2024 biennial catch 

limit. 

(2) Annual catch and trip limits for 

2025. For the calendar year 2025, all 

commercial fishing vessels of the United 

States combined may capture, retain, 

transship, or land no more than 1,285 

metric tons. A 60 mt trip limit will be 

in effect until the following criteria are 

met: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules 106405 

If the time of year is . . . And NMFS anticipates cumulative catch will be . . . Then the trip limit will be . . . 

(i) January through June ............................................. 885 mt ........................................................................ 40 mt. 

1,060 mt ..................................................................... 5 mt. 

(ii) July through September ......................................... 985 mt ........................................................................ 40 mt. 

1,110 mt ..................................................................... 5 mt. 

(iii) October through December .................................. 1,085 mt ..................................................................... 40 mt. 

1,160 mt ..................................................................... 5 mt. 

(3) Annual catch and trip limits for 

2026. For the calendar year 2026, all 

commercial fishing vessels of the United 

States combined may capture, retain, 

transship, or land no more than the 

amount caught in 2025 subtracted from 

the biennial limit, not to exceed 1,285 

metric tons. 

(i) If the 2026 catch limit is more than 

200 metric tons, a 60-metric ton trip 

limit will be in effect until the following 

criteria are met: 

If the time of year is . . . And NMFS anticipates cumulative catch will be within . . . Then the trip limit will be . . . 

(A) January through June ........................... 400 mt of the annual limit ............................................................ 40 mt. 

225 mt of the annual limit ............................................................ 5 mt 

(B) July through September ....................... 300 mt of the annual limit ............................................................ 40 mt. 

175 mt of the annual limit ............................................................ 5 mt. 

(C) October through December .................. 200 mt of the annual limit ............................................................ 40 mt. 

125 mt of the annual limit ............................................................ 5 mt. 

(ii) If the 2026 catch limit is 200 

metric tons or less, the trip limit will be 

5 metric tons for the entire calendar 

year. 

(4) In-season actions for trip limits 

and closure of the fishery. If NMFS 

determines that action to change a trip 

limit needs to be taken under paragraph 

(g)(2) or (3) of this section, the revised 

trip limit will be effective upon the date 

provided in a notification of in-season 

action in accordance with paragraph 

(g)(5) of this section. Upon the effective 

date of an in-season action to change 

trip limits under paragraph (g)(2) or (3), 

targeting, retaining on board, 

transshipping, or landing Pacific bluefin 

tuna in the Convention Area in violation 

of the in-season action shall be 

prohibited, with the exception that any 

Pacific bluefin tuna already on board a 

fishing vessel on the effective date of the 

notification of in-season action may be 

retained on board and landed or 

transshipped within 24 hours after the 

effective date of the notice, to the extent 

authorized by applicable laws and 

regulations. After NMFS determines that 

the annual catch limits under paragraph 

(g)(2) or (3) of this section are expected 

to be reached, NMFS will close the 

fishery effective upon the date provided 

in the notification in accordance with 

paragraph (g)(5) of this section. Upon 

the effective date in the notification, 

targeting, retaining on board, 

transshipping, or landing Pacific bluefin 

tuna in the Convention Area shall be 

prohibited through the end of the 

calendar year, 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 and landed or transshipped 

within 14 days after the effective date 

published in the fishing closure 

notification, to the extent authorized by 

applicable laws and regulations. 

(5) Announcement and effective dates 

of in-season actions. If in-season actions 

under paragraphs (g)(2) through (4) of 

this section are needed, NMFS will post 

a notice on the NMFS web page 

announcing the in-season action, 

including effective dates. NMFS will 

also send emails with notice of the inseason action to affected vessel owners. 

This action will also be published in the 

Federal Register as soon as practicable. 

The in-season action will be effective 

upon whichever is earlier: receipt by 

email of such notice or publication in 

the Federal Register. 

(6) Reversal of in-season actions. If an 

in-season action taken under paragraphs 

(g)(2) through (5) of this section is based 

on overestimate of actual catch, NMFS 

will reverse that action in the timeliest 

possible manner, provided NMFS finds 

that reversing that action is consistent 

with the management objectives for the 

affected species. The fishery will be 

subject to the change in trip limit or 

reopened effective on the date provided 

in the notice in accordance with 

paragraph (g)(5) of this section. 

(7) State of California fish landing 

receipts. If landing Pacific bluefin tuna 

into the State of California, fish landing 

receipts must be submitted within 24 

hours to the California Department of 

Fish and Wildlife in accordance with 

the requirements of applicable State 

regulations. 

[FR Doc. 2024–31315 Filed 12–27–24; 8:45 am] 

BILLING CODE 3510–22–P 


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