Federal Register - January 5, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Proposed Rules
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have remained below 500 mt for more than a decade. Since 2010, catches have ranged from 1 to 487 mt with an annual average of 186 mt. Average annual Pacific bluefin tuna landings by U.S.
commercial vessels fishing in the Convention Area from 2011 to 2015
represent only 1 percent of the average annual landings of Pacific bluefin tuna for all fleets fishing in the Convention Area. For information on Pacific bluefin tuna harvests in the Convention Area through 2019, see http isc.fra.go.jp/
fisheries_statistics/index.html; for preliminary information for 2020, see http www.iattc.org/
CatchReportsDataENG.htm;
additionally, preliminary data in the Pacific Fisheries Information Network estimate 2020 catch to be approximately 210 mt.
Proposed Regulations for Pacific Bluefin Tuna for 2021
This proposed rule would establish catch and trip limits for U.S.
commercial vessels that catch Pacific bluefin tuna in the Convention Area, and landing receipt submission deadlines for 2021. In 2021, the catch limit for the entire U.S. fleet would be 425 mt.
In 2021, NMFS would impose an initial trip limit of 20 mt. If cumulative catch reaches certain amounts depending on the quarter of the year, NMFS would impose an intermediate 15
mt trip limit, and a low 2 mt trip limit through the end of the year, or until the annual catch limit is met and the fishery is closed, as follows:
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 and the fishery is closed.
AprilJune: If cumulative catch reaches 275 mt, then the trip limit is reduced to 15 mt; and if cumulative catch reaches 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 and the fishery is closed.
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 and the fishery is closed.
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 and the fishery is closed.
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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 within three business days see California Fish and Game Code section 8046 and 14
California Code of Regulations section 197. Under this proposed rule, e-tickets would be required to be submitted within 24 hours if any Pacific bluefin tuna is included in a landing into California. This accelerated submission deadline is required in order to better monitor catch limits.
NMFS would estimate when the overall catch is expected to reach the thresholds to reduce the trip limit i.e., from 20 mt to 15 mt, or from 15 mt to 2 mt or the annual limit based on available fishery information, such as landing receipts. NMFS would then make decisions on inseason actions based on those estimates. NMFS would encourage owners or operators of purse seine vessels to call NMFS at 562432
1850 in advance of landing with an estimate of how much Pacific bluefin tuna was caught on the trip.
Inseason Action Announcements Inseason actions to reduce trip limits would be imposed by NMFS, effective upon the time and date that would appear in a notice on the NMFS website https www.fisheries.noaa.gov/westcoast/sustainable-fisheries/pacificbluefin-tuna-commercial-harveststatus. Inseason actions would also be announced over a United States Coast Guard USCG Notice to Mariners broadcast three times per day for 4 days on USCG channel 16 VHF. NMFS would then publish a notice of the reduced trip limit in the Federal Register as soon as practicable.
In 2021, if NMFS determines that cumulative catch is expected to be 250
mt during JanuaryMarch, 275 mt during AprilJune, 300 mt during July September, or 325 mt during October December based on landing receipts, or other available information, a 15-mt trip limit would be imposed by NMFS
using the inseason action procedures described above.
In 2021, if NMFS determines that cumulative catch is expected to be 325
mt during JanuaryMarch, 350 mt during AprilJune, or 375 mt during JulyDecember, a 2-mt trip limit would be imposed by NMFS using the inseason action procedures described above.
When NMFS determines that the annual catch limit is expected to be reached in 2021 based on landings receipts or other available fishery information, NMFS would prohibit
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United States commercial fishing vessels from targeting, retaining, transshipping or landing Pacific bluefin tuna captured in the Convention Area for the remainder of the calendar year i.e., fishery closure. NMFS would provide a notice on the NMFS website and the USCG would provide a Notice to Mariners three times per day for 4
days on USCG channel 16 VHF
announcing that targeting, retaining, transshipping or landing of Pacific bluefin tuna captured in the Convention Area will be prohibited on a specified effective time and date through the end of that calendar year. Upon that effective date, a commercial fishing vessel of the United States may not be used to target, retain on board, transship, or land Pacific bluefin tuna captured in the Convention Area.
However, any Pacific bluefin tuna already on board a fishing vessel on the effective date could be retained on board, transshipped, and/or landed within 14 days of the effective date, to the extent authorized by applicable laws and regulations. NMFS would then publish a notice of the fishery closure in the Federal Register as soon as practicable. In the event the trip limit was reduced early or the fishery was closed due to an overestimation of catch, NMFS could reverse immediately the prior inseason action to increase the trip limit or re-open the fishery after landing receipts have been received and the landed catch quantity confirmed.
NMFS would announce these actions on the NMFS website and by USCG Notice to Mariners on USCG channel 16 VHF.
Proposed Catch Reporting NMFS would 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/pacific-bluefintuna-commercial-harvest-status. NMFS
would 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.
Classification 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.
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