`[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Proposed Rules]
[Pages 106400-106405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31315]


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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.

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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, 
[email protected].

FOR FURTHER INFORMATION CONTACT: Amanda Munro, NMFS, (619) 407-9284, 
[email protected].

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[deg] N latitude, 150[deg] W longitude, and 50[deg] S 
latitude. The IATTC maintains a scientific research and fishery 
monitoring program and regularly assesses the status of tuna, 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/IATTC-Instruments/_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

[[Page 106401]]

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-bluefin-tuna-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

[[Page 106402]]

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., e-tickets) 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 Sec.  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-bluefin-tuna-commercial-harvest-status). In-season 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 in-season 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 in-season 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-bluefin-tuna-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

[[Page 106403]]

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 ex-vessel 
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]
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                                       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-and-line 
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 hook-and-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-and-line 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

[[Page 106404]]

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

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.  300.24, 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(g).
* * * * *
0
3. In Sec.  300.25, revise paragraph (g) to read as follows:


Sec.  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:

[[Page 106405]]



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

------------------------------------------------------------------------
                                       And NMFS
                                      anticipates        Then the trip
  If the time of year is . . .     cumulative catch    limit will be . .
                                  will be within . .           .
                                           .
------------------------------------------------------------------------
(A) January through June........  400 mt of the       40 mt.
                                   annual limit.
                                  225 mt of the       5 mt
                                   annual limit.
(B) July through September......  300 mt of the       40 mt.
                                   annual limit.
                                  175 mt of the       5 mt.
                                   annual limit.
(C) October through December....  200 mt of the       40 mt.
                                   annual limit.
                                  125 mt of the       5 mt.
                                   annual limit.
------------------------------------------------------------------------

    (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 in-season 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`