Federal Register - January 5, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Proposed Rules
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determined that Pacific bluefin tuna continued to be overfished and subject to overfishing 80 FR 12621, March 10, 2015; 82 FR 18434, April 19, 2017; 84
FR 19905, May 7, 2019. The ISC
completed a stock assessment in July 2020, which showed that the stock continues to be overfished and subject to overfishing when compared to commonly used reference points.
Pacific Bluefin Tuna Resolutions Recognizing the need to reduce fishing mortality of Pacific bluefin tuna, the IATTC has adopted catch limits in the Convention Area since 2012 see the final rules implementing Resolution C
1406, Resolution C1608, and Resolution C1801 and Resolution C
1802 for more information on previous management measures 80 FR 38986, July 8, 2015; 82 FR 18704, April 21, 2017; 84 FR 18409, May 1, 2019. At its 95th Meeting in December 2020, the IATTC adopted Resolution C2002.
Resolution C2002 is consistent with the recommendations of the IATTC
Scientific Advisory Committee that the Commission extend the provisions of Resolution C1801 through 2021;
and, although applicable for 2021 only, is consistent with the IATTC staff recommendation that the Commission extend the provisions of Resolution C1801 through 20212022.
Resolution C2002 establishes catch limits and reporting requirements for 2021. This resolution was approved by the Secretary of State, prompting implementation by NMFS in this rulemaking.
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 Pacific bluefin tuna.
Conservation measures adopted by the IATTC and WCPFC have considered the recommendations of the Joint IATTC
WCPFC NC Working Group Joint WG.
Joint WG recommendations have included rebuilding targets and criteria that must be met before considering increased catch limits. At its 5th meeting held October 67 Japan Standard Time, 2020, the Joint WG
recommended the IATTC and WCPFC
continue measures in effect for 2020
into 2021. Subsequently, the IATTC
considered the Joint WG
recommendation when it adopted Resolution C2002.
Similar to previous IATTC resolutions on Pacific bluefin tuna, the main objective of Resolution C2002 is to reduce overfishing and to rebuild the stock by setting limits on commercial
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catch in the IATTC Convention Area during 2021. Resolution C2002
establishes an annual limit of 425 metric tons mt for U.S. commercial vessels in 2021.
Pacific Fishery Management Council PFMC Recommendations for the Implementation of C2002
In 2017, NMFS implemented the catch limits in Resolution C1608 with a 25-mt trip limit until catch was within 50 mt of the annual limit i.e., the annual limit was 425 mt in 2017 and a 2-mt trip limit when catch was within 50 mt of the annual limit 82 FR 18704, April 21, 2017. However, the catch rate was more rapid than anticipated, which caused the annual limit to be exceeded before the fishery was closed on August 28, 2017 82 FR 40720. This series of events prompted NMFS and the PFMC
to reconsider management measures for 2018, as well as 20192020, to avoid exceeding catch limits. In 2018, NMFS
implemented a 1-mt Pacific bluefin tuna trip limit applicable to commercial U.S.
vessels, except large-mesh drift gillnet vessels, which were subject to a 2-mt trip limit 83 FR 13203, March 28, 2018. For 20192020, NMFS
implemented C1801 with a 15-mt trip limit until catch was within 50 mt of the annual limit i.e., the annual limit was 425 mt in 2019 and a 2-mt trip limit when catch was within 50 mt of the annual limit 84 FR 18409, May 1, 2019. NMFS also included three additional elements when implementing C1801: 1 Required purse seine vessels to notify NMFS 24 hours in advance of departing on a trip in order to retain or land more than 2 mt of Pacific bluefin tuna pre-trip notification; 2 required that Pacific bluefin tuna landings in California be reported within 24 hours of landing using the California electronic landing receipt e-ticket reporting system; and 3 required that NMFS take inseason action by posting on the NMFS website and U.S. Coast Guard Notice to Mariners radio broadcast, followed by a Federal Register notice as soon as practicable.
In 2019 and 2020, NMFS hosted Pacific bluefin tuna stakeholder meetings. Attendees expressed concerns about the pre-trip notification and trip limit implemented in 20192020.
Attendees considered the pre-trip notification burdensome. Attendees were also concerned that NMFS may take inseason action based an assumption that 15 mt of Pacific bluefin tuna would be caught on each trip noticed, which led to an overestimation of catch in 2019 resulting in a premature reduction in the trip limit to 2 mt. The pre-trip notification did not appear to
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accurately predict catch. Purse seine stakeholders have also noted that the 15-mt trip limit is too low because Pacific bluefin tuna schools are larger than 15 mt.
At its November 2020 meeting, the PFMC made recommendations for implementing catch limits established in Resolution C2002 for 2021.
Because the Joint WG recommendations were expected to be adopted by the IATTC and WCPFC at their upcoming meetings, NMFS was able to anticipate the upcoming U.S. commercial catch limit. NMFS received Council input on domestic implementation at its November meeting before the IATTC
met and adopted Resolution C2002.
At the November 2020 PFMC meeting, the Highly Migratory Species Advisory Subpanel HMSAS and Management Team HMSMT raised concerns regarding the pre-trip notification that align with those raised during stakeholder meetings described above.
The Council considered the HMSAS
and HMSMT statements when it recommended eliminating the current pre-trip notification requirement while maintaining the e-ticket requirement and inseason action procedures. In addition, the Council recommended the following applicable to trip limits in 2021:
Set an initial trip limit of 20 mt.
JanuaryMarch: If cumulative catch reaches 250 mt, then the trip limit is reduced to 15 mt; and if cumulative catch reaches 325 mt, then the trip limit is reduced to 2 mt for the remainder of the year or until the annual catch limit is met.
AprilJune: If cumulative catch reaches 275 mt, then the trip limit is reduced to 15 mt; and if cumulative catches reach 350 mt, then the trip limit is reduced to 2 mt for the remainder of the year or until the annual catch limit is met.
JulySeptember: If cumulative catch reaches 300 mt, then the trip limit is reduced to 15 mt; and if cumulative catch reaches 375 mt, then the trip limit is reduced 2 mt for the remainder of the year or until the annual catch limit is met.
OctoberDecember: If cumulative catch reaches 325 mt, then the trip limit is reduced to 15 mt; and if cumulative catch reaches 375 mt, then the trip limit is reduced to 2 mt for the remainder of the year or until the annual catch limit is met.
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
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