Federal Register - January 5, 2021
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Source: Federal Register
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Proposed Rules could result in a greater conservation benefit for the overfished Pacific bluefin stock.
Although there are no disproportionate impacts between small and large business entities because all affected business entities are small, the impacts among the different types of vessel business entities will be different.
Implementation of the reduced trip limit for an entire calendar year in this proposed action would impose a greater economic impact on the U.S. coastal purse seine fleet. Prior to the implementation of a 25-mt trip limit in 2015, these vessels landed an average of 41 mt per trip, and were capable of landing over 70 mt in a single trip based on landings from purse seine vessels landing Pacific bluefin tuna in the EPO from 20112014. It is possible that the affected vessels will not target Pacific bluefin tuna if the trip limit is 2
mt or less; however, as observed in 2018
while the trip limit was restricted to 1
mt for purse seine vessels, some purse seine vessels did land Pacific bluefin tuna in small quantities. A total of 425
mt is available to U.S. vessels in 2021.
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, which based on recent participation ranges from 8 to 85
because participation fluctuates substantially from year-to-year, to be small entities as defined by both the former, lower size standards and the revised size standards. Because each affected vessel is a small business, there are no disproportional affects to small versus large entities. Based on profitability analysis above, the proposed action, if adopted, will not have significant adverse economic impacts on these small business entities.
As a result, an initial regulatory flexibility analysis is not required and was not prepared for this proposed rule.
This proposed 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 06480778 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
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voluntary pre-landing notification is estimated to average 2.55 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Public comment is sought regarding:
Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Submit comments on these or any other aspects of the collection of information at www.reginfo.gov/public/do/PRAMain.
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.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: December 28, 2020.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300 is proposed to be amended as follows:
PART 300INTERNATIONAL
FISHERIES REGULATIONS
Subpart CEastern Pacific Tuna Fisheries 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 300.25g2 through 4 and g7.
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3. In 300.25, revise paragraph g to read as follows:
300.25
Fisheries management.
g Pacific bluefin tuna Thunnus orientalis commercial catch limits in the eastern Pacific Ocean for 2021. The following is applicable to the U.S.
commercial fishery for Pacific bluefin tuna in the Convention Area in the year 2021.
1 All commercial fishing vessels of the United States combined may capture, retain, transship, or land no more than 425 metric tons.
2 A 20-metric ton trip limit will be in effect until any of the following criteria are met:
i If NMFS anticipates cumulative catch will reach 250 metric tons during January through March, a 15-metric ton trip limit will be in effect upon the effective date provided in the actual notice, in accordance with paragraph g6 of this section. If NMFS
anticipates cumulative catch will reach 325 metric tons during January through March, a 2-metric ton trip limit will be in effect upon the effective date provided in the actual notice, in accordance with paragraph g6 of this section.
ii If NMFS anticipates cumulative catch will reach 275 metric tons during April through June, a 15-metric ton trip limit will be in effect upon the effective date provided in the actual notice, in accordance with paragraph g6 of this section. If NMFS anticipates cumulative catch will reach 350 metric tons during April through June, a 2-metric ton trip limit will be in effect upon the effective date provided in the actual notice, in accordance with paragraph g6 of this section.
iii If NMFS anticipates cumulative catch will reach 300 metric tons during July through September, a 15-metric ton trip limit will be in effect upon the effective date provided in the actual notice, in accordance with paragraph g6 of this section. If NMFS
anticipates cumulative catch will reach 375 metric tons during July through September, a 2-metric ton trip limit will be in effect upon the effective date provided in the actual notice, in accordance with paragraph g6 of this section.
iv If NMFS anticipates cumulative catch will reach 325 metric tons during October through December, a 15-metric ton trip limit will be in effect upon the effective date provided in the actual notice, in accordance with paragraph g6 of this section. If NMFS
anticipates cumulative catch will reach 375 metric tons during October through
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