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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations Catch Reporting NMFS will provide updates on Pacific bluefin tuna catches in the Convention Area to the public via the NMFS
website: https www.fisheries.noaa.gov/
west-coast/sustainable-fisheries/pacificbluefin-tuna-commercial-harvest-status.
NMFS will update the NMFS website provided the updates do not disclose confidential information in accordance with Magnuson-Stevens Fishery Conservation and Management Act section 402b, 16 U.S.C. 1881ab.
These updates are intended to help participants in the U.S. commercial fishery plan for reduced trip limits and attainment of the annual limits.
Public Comment and Response NMFS received one comment on the proposed rule. The commenter urged NMFS to consider including a pre-trip notification that was part of the 2019
2020 Pacific bluefin tuna regulations in the final rule for 2021. The commenter cited events in 2017 during which the United States exceeded its commercial Pacific bluefin tuna catch limit to argue that the management scheme proposed, without the pre-trip notification, could lead the United States to exceed its limits again. NMFS notes that the Pacific Fishery Management Council Council, the Councils advisory bodies, and NMFS considered the events in 2017, as well as 20192020 management approach with the pre-trip notification.
As indicated by the Councils highly migratory species advisory bodies at the November 2020 Council meeting, the pre-trip notification did not provide an accurate estimate of catch on which to base inseason action. The pre-trip notification was also considered burdensome by the fleet. As noted in the proposed rule, the pre-trip notification and associated assumptions led NMFS
to take inseason action too early in 2019, requiring a reversal. Additionally, there are a few notable differences between the management scheme implemented in this final rule and the management scheme in place in 2017.
First, e-tickets are required within 24
hours of a Pacific bluefin tuna landing this requirement was first implemented in 2019. Second, procedures are in place to announce inseason actions on the NMFS website, which allows for quicker implementation of the inseason action this requirement was also first implemented in 2019. And third, the initial trip limit of 20 mt is lower than the 25-mt trip limit in 2017. NMFS is confident that the adaptive management measures implemented in this final rule will allow for operational flexibility
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while maintaining catches within limits, without the pre-trip notification.
Classification The NMFS Assistant Administrator has determined that this rule is consistent with the Tuna Conventions Act and other applicable laws.
This rule has been determined to be not significant for purposes of Executive Order 12866.
Good Cause To Shorten Delay in Effective Date Under section 553d of the Administrative Procedure Act, an agency must delay the effective date of regulations for 30 days after publication, unless the agency finds good cause to make the regulations effective sooner.
The NOAA Assistant Administrator for Fisheries has determined that good cause exists to make this rule effective 7 days after publication.
A stock assessment completed in July 2020 by the International Scientific Committee for Tuna and Tuna-like Species in the North Pacific Ocean showed that Pacific bluefin tuna is overfished and subject to overfishing when compared to commonly used reference points; NMFS subsequently concurred with the assessment 86 FR
9910, February 17, 2021. The main objective of IATTC Resolution C2002
is to reduce overfishing and aid in rebuilding of the stock by setting limits on catch in the Convention Area during 2021. As a member of the IATTC, the United States is legally bound to implement that Resolution.
In recent years, Pacific bluefin tuna have remained in significant numbers in waters off of southern California, and U.S. commercial vessels currently have a greater opportunity to fish for Pacific bluefin tuna off of the U.S West Coast than in previous years. If the trip limits implemented by this rule were subject to the 30-day delay in effectiveness, and taking into account that a single trip could catch up to 75 mt nearly four times the initial 20-mt trip limit, there is potential for a derby-style fishery that would result in exceeding the 425-mt catch limit for 2021 before this rule goes into effect. Delaying the effective date of this rule for a full 30 days after publication would therefore be contrary to the publics interest in ensuring conservation of Pacific bluefin tuna stock in the EPO. Such a delay would also be contrary to the publics interest in ensuring the United States is in compliance with its international obligations to implement the catch limits in IATTC Resolution C2002.
Although justification exists to make the rule effective immediately upon
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publication, NMFS is implementing a 7day delay in effectiveness to provide sufficient time for currently-operating vessels to comply with the new regulations. Seven days is sufficient because vessels that target Pacific bluefin tuna in large quantities i.e., purse seine vessels typically complete their fishing trips within 1 to 2 days.
Therefore, to conserve Pacific bluefin tuna, which are overfished, and to remain in compliance with IATTC
Resolution C2002, NMFS has determined that making these measures effective 7 days after publication in the Federal Register is in the publics interest. As soon as the rule is published, additional notice will be given to fishery participants through an email sent to the IATTC distribution list.
Regulatory Flexibility Act The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that, for purposes of the Regulatory Flexibility Act, this action would not have a significant economic impact on a substantial number of small entities.
The factual basis for the certification was published in the proposed rule and is not repeated here. No information received during the public comment period changes the action from the proposed rule or NMFS analysis.
Therefore, the initial certification published with the proposed rulethat this rule is not expected to have a significant economic impact on a substantial number of small entities remains unchanged. As a result, a regulatory flexibility analysis was not required and none was prepared.
Paperwork Reduction Act This rule contains revisions to a collection-of-information requirement subject to review and approval by OMB
under the Paperwork Reduction Act PRA. These revisions have been submitted to OMB for approval. This rule revises the existing requirements for the collection of information 0648
0778 by removing the pre-trip notification requirement. This reduces the number of respondents and anticipated number of responses, reducing the burden by an estimated 4.55 hours. Public reporting burden for e-ticket submission is estimated to average 0 hours because the submission will already be required by the California Code of Regulations. The voluntary pre-landing notification is estimated to average 2.55 hours, including the time for reviewing
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