28452 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations

DEPARTMENT OF COMMERCE 13–02, ‘‘Measures for the Conservation continue to target, retain, transship, or and Management of Bluefin in the land more than the 500 metric tons of National Oceanic and Atmospheric Eastern Pacific Ocean,’’ which was Pacific bluefin tuna in 2014 unless and Administration adopted by the IATTC at its 85th until the Commission-wide catch limit Meeting, in June 2013. The proposed of 5,000 metric tons is reached. 50 CFR Part 300 rule was open to public comment Announcement of the Limits Being through February 10, 2014. The [Docket No. 130722647–4403–02] Reached comments received are addressed in this RIN 0648–BD55 rule. To ensure that the total catch of The final rule is implemented under Pacific bluefin tuna taken from the International ; Pacific Tuna the authority of the Tuna Conventions IATTC Convention Area does not Fisheries; Restrictions for Act (16 U.S.C. 951–962 and 971 et seq.), exceed the Commission-wide catch Pacific Bluefin Tuna in the Eastern which directs the Secretary of limit for 2014, NMFS will report U.S. Pacific Ocean Commerce, after approval by the catch to the IATTC Director on a Secretary of State, to promulgate such monthly basis. The IATTC Director will AGENCY: National Marine Fisheries regulations as may be necessary to inform the IATTC Members and Service (NMFS), National Oceanic and implement resolutions adopted by the Cooperating non-members (collectively, Atmospheric Administration (NOAA), IATTC. The Secretary’s authority to CPCs) when 50 percent of the Commerce. promulgate such regulations as may be Commission-wide limit is reached. The ACTION: Final rule. necessary to carry out the obligations of Director will likewise send similar the United States has been delegated to notices when 60, 70, and 80 percent of SUMMARY: NMFS is issuing regulations NMFS. the Commission-wide limit is reached. under the Tuna Conventions Act to The proposed rule includes additional When 90 percent of the Commission- implement Resolution C–13–02 of the background information, including wide limit is reached, the Director will Inter-American Tropical Tuna information on the IATTC, the send the corresponding notice to all Commission (IATTC or the international obligations of the United CPCs, with a projection of when the Commission) by specifying limits on States as an IATTC Member, and the 5,000 metric ton Commission-wide limit U.S. commercial catch of Pacific bluefin basis for the new regulations. will be reached, at which time CPCs are tuna from the eastern Pacific Ocean expected to take the necessary internal New Regulations (EPO) waters of the IATTC Convention measures to avoid exceeding the limit. Area in 2014. This action is necessary This final rule establishes 2014 limits NMFS will provide updates on for the United States to satisfy its on catch of Pacific bluefin tuna Commission-wide and U.S. catches to obligations as a member of the IATTC to ( orientalis) in the IATTC the public via the IATTC and coastal conserve Pacific Bluefin tuna, which is Convention Area. Once Pacific bluefin pelagic species email distribution lists an overfished stock. tuna catch limits have been reached, and the West Coast Region Web site: DATES: The rule is effective June 16, NMFS will prohibit any further http://www.westcoast.fisheries 2014. targeting, retaining on board, .noaa.gov/fisheries/migratory_species/ transshipping, or landing of Pacific bluefin_tuna_harvest_status.html. ADDRESSES: Copies of supporting bluefin tuna in the Convention Area, Additionally, NMFS will report documents that were prepared for this because these activities can be preliminarily estimated Pacific bluefin final rule, including the Regulatory effectively verified for enforcement tuna catch between monthly intervals (if Impact Review (RIR), environmental purposes. The following section and when catches approach the limits) assessment (EA), final regulatory includes a description of how the to help participants in the U.S. flexibility analysis (FRFA), and the Pacific bluefin tuna catch limit commercial plan for the proposed rule, are available via the provisions apply under three possible possibility of the catch limit being Federal eRulemaking Portal: http:// scenarios. reached. www.regulations.gov, docket NOAA– When NMFS is informed that the NMFS–2013–0119. These documents, 2014 Catch Limits for Pacific Bluefin 5,000 metric ton Commission-wide limit and the small entity compliance guide Tuna has been met (based on information prepared for this final rule, are also Once the Commission-wide provided by the IATTC Director) and available from the Regional commercial catch limit of 5,000 metric that the 500 metric ton catch limit is Administrator, NMFS, West Coast tons has been reached and the U.S. expected to be reached (based on Regional Office, 7600 Sand Point Way commercial fleet is expected to be landings receipts, data submitted in NE., Bldg 1, Seattle, WA 98115–0070. A reached or has exceeded the 500 metric logbooks, and other available fishery summary of the initial regulatory tons catch limit, then targeting, information), NMFS will publish a flexibility analysis (IRFA) is included in retaining on board, transshipping, or notice in the Federal Register the proposed rule, and a summary of the landing of Pacific bluefin tuna by all announcing that the targeting, retaining, FRFA is included in this final rule. U.S. commercial vessels in the IATTC transshipping or landing of Pacific FOR FURTHER INFORMATION CONTACT: Convention Area shall be prohibited for bluefin tuna will be prohibited on a Amber Rhodes, NMFS, 562–980–3231, the remainder of 2014. If the U.S. specified effective date through or Heidi Taylor, NMFS, 562–980–4039. fleet has not caught December 31, 2014. Upon that effective SUPPLEMENTARY INFORMATION: 500 metric tons of Pacific bluefin tuna date, a commercial fishing vessel of the in the Convention Area in 2014 when United States may not be used to target, Background the Commission-wide 5,000 metric tons retain on board, transship, or land any On January 10, 2014, NMFS catch limit is reached, then the U.S. additional PBF in the Convention Area published a proposed rule in the commercial fleet may continue to target, during the period specified in the Federal Register (79 FR 1810) that retain, transship, or land Pacific bluefin announcement. Any PBF already on would add regulations at 50 CFR 300, tuna until the 500 metric ton limit is board a fishing vessel on the effective subpart C, to implement Resolution C– reached. The U.S. commercial fleet may date may be retained on board,

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transshipped, and/or landed, to the The draft EA included several contribution to Pacific bluefin mortality extent authorized by applicable laws alternatives to the proposed action, by the U.S. commercial fishing fleet is and regulations, provided that they are including suspension of directed fishing even smaller when considering the landed within 14 days after the effective for Pacific bluefin tuna in the eastern levels of catch by all fisheries, Pacific- date. Pacific Ocean, and considered the wide. While the United States is a potential effects of each alternative on member of both the IATTC and the Public Comments and Responses the human environment (i.e., natural, Western and Central Pacific Fisheries NMFS received eight written public social, and economic environment). The Commission (WCPFC), a Pacific-wide comments. The Department of the final EA is publicly available as a catch limit would require Interior submitted comments on behalf supporting document to this rule. complimentary action by the WCPFC. of the National Park Service. One Comment 3: Catch data should be up- Suggestions for purely domestic fishery commenter expressed concern about to-date. NMFS should not be reporting management actions—such as rules on matters beyond the scope of this action. catch data that is more than 1 year old Pacific bluefin fishing within U.S. Seven commenters expressed concern as ‘‘preliminary.’’ national parks—would be better suited for the status of the resource. None of Response: NMFS decided not to cite to the decision-making process of the the seven commenters opposed placing the U.S. catch of Pacific bluefin tuna in appropriate fishery management restrictions on the U.S. catch of Pacific 2013 in the proposed rule because, at councils and implementation under the bluefin tuna; however, six of them that time, the 2013 fishing season for authority of the Magnuson-Stevens Act. suggested further restricting the U.S. Pacific bluefin tuna had not yet ended. catch of Pacific bluefin tuna. Summaries U.S. catch reported in this final rule has Changes From the Proposed Rule of the comments received and NMFS’ been updated with ‘‘preliminary’’ data No substantive changes have been responses appear below. for U.S. commercial catch of Pacific made to this rule since the proposed Comment 1: The proposed rule is not bluefin tuna in 2013. ‘‘Preliminary’’ data rule stage. Minor edits were made to the consistent with the Magnuson-Stevens is subject to change. NMFS adheres to regulatory text to improve clarity. The Fishery Conservation and Management strict guidelines for publishing fishery authority citations for 50 CFR part 300 Act (Magnuson-Stevens Act) because it data in the interest of ensuring data and subpart C are revised to identify does not prevent by quality and protecting confidential data. more precisely the statutory citation for addressing the relative impacts of the Due to changes in data reporting the Tuna Conventions Act as 16 U.S.C. U.S. fleet. mechanisms, there has been a delay in 951 et seq. Response: NMFS is promulgating this the availability of the published data rule in accordance with IATTC sets typically made available annually Classification Resolution C–13–02 and under the in the Pacific Fishery Management The NMFS Assistant Administrator authority of the Tuna Conventions Act. Council’s Highly Migratory Species has determined that this final rule is This action is not subject to the Stock Assessment and Fishery necessary for the conservation and Magnuson-Stevens Act. However, Evaluation (SAFE) documents. In the management of Pacific bluefin tuna, and NMFS informed the Pacific Fishery meantime, and when publishing that it is consistent with the Tuna Management Council and the Western supporting information in rules, NMFS Conventions Act and other applicable Pacific Fishery Management Council of has been publishing data as laws. the stock status determination and ‘‘preliminary’’ only after it has been This final rule has been determined to obligations under section 304(i) of the determined not to be confidential. be not significant for purposes of Magnuson-Stevens Act to develop and Comment 4: There are unacceptable Executive Order 12866. submit recommendations to NMFS and/ levels of Pacific bluefin tuna mortality There are no new collection-of- or the Secretary of State for domestic by overseas fleets and recreational information requirements associated and international actions that will end fisheries. A Pacific-wide catch limit is with this action that are subject to the overfishing in the fishery and rebuild needed and the 500 metric ton limit Paperwork Reduction Act, existing the affected stock taking into account should include recreational catch. collection-of-information requirements the relative impact of U.S. vessels and Additionally, the U.S. National Park associated with the U.S. West Coast that of foreign vessels on the stock. Service (NPS) recommends that NMFS Highly Migratory Species Fishery Comment 2: The proposed rule include national park unit boundaries in Management Plan still apply. These indicates that NMFS only analyzed two Pacific bluefin tuna regulations with requirements have been approved by the alternatives. More alternatives, consideration for additional monitoring Office of Management and Budget under including a suspension of bluefin of effort and catch, recreational catch- Control Number 0648–0204. fishing, should have been analyzed. and-release, and a moratorium on A final regulatory flexibility analysis Response: The preamble of the harvest of Pacific bluefin tuna until (FRFA) was prepared. A copy of this proposed rule included a discussion of individual national park units request a analysis is available from the NMFS (see only two alternatives as part of the IRFA harvest allocation. ADDRESSES). The FRFA incorporates the summary: the proposed rule and no Response: NMFS notes these IRFA, and a summary of the analyses action. The purpose of the IFRA is to recommendations going forward. completed to support the action is determine whether the action would However, they are beyond the scope of included directly below. have a significant economic impact on the IATTC resolution that this rule The main objective of this rule is to a substantial number of small entities. implements. NMFS acknowledges that establish catch limits to contribute to No other significant alternatives the average annual Pacific bluefin tuna the conservation of the Pacific bluefin accomplished the stated objectives of landings by U.S. commercial vessels tuna stock. This rule applies to owners the applicable statutes and minimized fishing in the EPO represent roughly and operators of U.S. commercial the economic impact of the proposed two percent of the average annual fishing vessels that catch Pacific bluefin rule on affected small entities. In landings from all fleets commercially tuna in the IATTC Convention Area. addition to the IRFA, NMFS prepared a fishing in the EPO for years 2007 Each vessel that is expected to be draft EA and made it available for through 2011 (refer to Section 1.4 of the affected is considered a small business public comment with the proposed rule. Environmental Assessment). This according to the Small Business

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Administration’s revised size standards 1999 through 2013. Pacific bluefin tuna prepared. Copies of this final rule are (78 FR 37398, July 20, 2013). Pacific is commercially caught by U.S. vessels available from the West Coast Regional bluefin tuna do not serve as the primary fishing in the EPO on an irregular basis. Office, and the guide will be sent to target species for any U.S. commercial Most of the landings are made by small vessels that catch Pacific bluefin tuna in vessels, but rather are incidentally or coastal purse seine vessels operating in the IATTC Convention Area via the opportunistically caught by U.S. the Southern California Bight with IATTC and coastal pelagic species email commercial vessels fishing in the EPO. limited additional landings made by the distributions lists. The guide and this Therefore, the action is not expected to drift gillnet fleet that targets final rule will be available upon request have a significant or disproportional and thresher . Lesser amounts of and on the West Coast Region Web site: economic impact on these small Pacific bluefin tuna are caught by http://www.westcoast.fisheries business entities. surface hook and line and longline gear .noaa.gov/fisheries/migratory_species/ After NMFS determines that the limits (typically less than .05 metric tons per bluefin_tuna_harvest_status.html. are expected to be reached, NMFS will year for these gear types combined). The publish a notice in the Federal Register number of purse seine vessels that have List of Subjects in 50 CFR Part 300 announcing that restrictions will be landed tuna in California averaged 197 Administrative practice and effective from the dates specified annually from 1981 through 1990. procedure, Antarctica, Canada, Exports, through the end of the calendar year. However, from 2000 to 2013, no more Fish, Fisheries, Fishing, Imports, NMFS will take reasonable actions to than six small purse seiners have been Indians, Labeling, Marine resources, inform vessel owners in advance of registered with the IATTC to target Reporting and recordkeeping publishing, in a Federal Register Pacific bluefin tuna in the Convention requirements, Russian Federation, announcement, the effective date for the Area each year. The landings data Transportation, Treaties, Wildlife. restrictions on targeting, retaining, suggests that they opportunistically Dated: May 9, 2014. transshipping, or landing Pacific bluefin targeted Pacific bluefin tuna in alternate tuna captured in the IATTC Convention years since 2001. Samuel D. Rauch III, Area. In the event that the limit on For the purposes of the Regulatory Deputy Assistant Administrator for Pacific bluefin tuna catch is reached in Flexibility Act analysis, NMFS Regulatory Programs, National Marine 2014, it will be the responsibility of the compared the effects of the Pacific Fisheries Service. commercial vessel owner to ensure that bluefin tuna restrictions imposed by this For the reasons set out in the no further targeting of Pacific bluefin rule to a no action alternative. No preamble, 50 CFR part 300 is amended tuna occurs, and that no additional additional alternatives exist that as follows: Pacific bluefin tuna are retained on accomplish the stated objectives of board, transshipped, or landed after the applicable statutes and that minimize PART 300—INTERNATIONAL specified dates published in the Federal the rule’s economic impact on the FISHERIES REGULATIONS Register notice announcing that the affected small entities. Under the no ■ annual limit is expected to be reached. action alternative, there would be no 1. The authority citation for part 300 While this rule does not mandate any limit on U.S. commercial catches of is revised to read as follows: new ‘‘reporting’’ or ‘‘recordkeeping’’ Pacific bluefin tuna in the IATTC Authority: 16 U.S.C. 951 et seq., 16 U.S.C. requirements for the public, some Convention Area. It is unlikely that any 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. compliance costs may be associated short-term economic benefit to U.S. 2431 et seq., 31 U.S.C. 9701 et seq. with these regulations if the restrictions commercial fisheries would be gained ■ 2. The authority citation for 50 CFR on targeting, retaining, transshipping, or from not implementing Resolution C– part 300, Subpart C, is revised to read landing Pacific bluefin tuna in the 13–02 because recent trends in Pacific as follows: IATTC Convention Area becomes bluefin tuna catch data indicate that it effective in 2014 as a result of the is unlikely that the U.S. catch limit will Authority: 16 U.S.C. 951 et seq. commercial catch limits being reached. be reached. However, failing to adopt ■ 3. In § 300.24, paragraph (u) is added The Pacific bluefin tuna commercial this rule would result in the United to read as follows: catch limits are not expected to result in States not satisfying its international the cessation of fishing by U.S. obligations as a member of the IATTC. § 300.24 Prohibitions. commercial vessels for Pacific bluefin Furthermore, implementing Resolution * * * * * tuna in the Convention Area since the C–13–02 conserves Pacific bluefin tuna (u) Use a United States commercial annual U.S. catches of Pacific bluefin by limiting catches, thereby increasing fishing vessel in the IATTC Convention tuna have not reached 500 metric tons the chances that small entities will have Area in contravention of § 300.25(h)(4) in more than a decade. In the event of continued opportunities to harvest this ■ 4. In § 300.25, paragraph (h) is added a closure under this rule, the cost of currently overfished stock in the EPO. to read as follows: compliance would be de minimis. Section 212 of the Small Business Compliance costs could consist of Regulatory Enforcement Fairness Act of § 300.25 Eastern Pacific fisheries returning incidentally caught bluefin 1996 states that, for each rule or group management. tuna to the ocean, forgoing associated of related rules for which an agency is * * * * * profits, and potentially losing fishing required to prepare a FRFA, the agency (h) Pacific bluefin tuna commercial opportunity if Pacific bluefin tuna are shall publish one or more guides to catch limits in the eastern Pacific available to the U.S. fleet during a time assist small entities in complying with Ocean. when fishing for them has been the rule, and shall designate such (1) For the calendar year 2014, all prohibited. publications as ‘‘small entity commercial fishing vessels of IATTC The U.S. catch of Pacific bluefin tuna compliance guides.’’ The agency shall member countries and cooperating non- in the EPO represents a relatively minor explain the actions a small entity is member countries collectively are component of the overall catch of required to take to comply with a rule subject to a limit of 5,000 metric tons of Pacific bluefin tuna from the EPO. The or group of rules. As part of this Pacific bluefin tuna that may be average annual U.S. catch of Pacific rulemaking process, a small entity captured, retained, and landed in the bluefin tuna was 106 metric tons for compliance guide (the guide) was Convention Area.

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(2) Notwithstanding the collective DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: 5,000 metric ton limit, in calendar year Background 2014 commercial vessels of the United National Oceanic and Atmospheric States may capture, retain, transship, or Administration NMFS established the 2013–2014 land 500 metric tons of Pacific bluefin harvest specifications and management tuna. 50 CFR Part 660 measures for groundfish taken in the U.S. exclusive economic zone off the [Docket No. 140418348–4406–01] (3) After NMFS determines that the coasts of Washington, Oregon, and limits under paragraphs (h)(1) and (h)(2) RIN 0648–BE14 California through a final rule that of this section are expected to be published on January 3, 2013. (78 FR reached by a future date, and at least 7 Magnuson-Stevens Act Provisions; 580). This notice corrects the 2014 calendar days in advance of that date, Fisheries off West Coast States; shorebased trawl allocations for several NMFS will publish a notice of closure Pacific Coast Groundfish Fishery; species of groundfish in the shorebased in the Federal Register announcing the 2013–2014 Biennial Specifications and trawl allocation table that were effective date that additional targeting, Management Measures; Correction inadvertently misreported in the retaining on board, transshipping or January 3, 2013 final rule. AGENCY: National Marine Fisheries landing Pacific bluefin tuna in the During the development of the Service (NMFS), National Oceanic and Convention Area shall be prohibited as shorebased trawl allocations, due to a Atmospheric Administration (NOAA), described in paragraph (h)(4) of this spreadsheet error, some shorebased Commerce. section. fishery allocations were multiplied by ACTION: Final rule; correcting the initial issuance allocation (4) Beginning on the date announced amendment. in the notice of closure published under percentages for non-whiting trips. Those non-whiting trip allocation percentages paragraph (h)(3) of this section through SUMMARY: This action corrects the were designed only to be used for the end of the calendar year, a Pacific coast groundfish harvest calculations related to the initial commercial fishing vessel of the United specifications and management issuance of quota share. The initial States may not be used to target, retain measures regulations that published in the Federal Register on January 3, 2013. issuance allocation percentages for non- on board, transship, or land any whiting trips were not intended to be additional Pacific bluefin tuna captured Specifically, this rule corrects the 2014 shorebased trawl allocations for several used for determining the annual in the Convention Area. Any Pacific shorebased trawl allocation for those bluefin tuna already on board a fishing species of groundfish in the shorebased trawl allocation table that were species. As a result, for certain vessel on the effective date of the notice Individual Fishing Quota (IFQ) species, may be retained on board, transshipped, inadvertently misreported. Quota share accounts will be updated to reflect this the shorebased trawl sector did not and/or landed, to the extent authorized correction within two weeks from May receive its full 2014 allocation. by applicable laws and regulations, 16, 2014. Table 1 depicts the initial issuance provided such tuna is landed within 14 allocation percentages between whiting days after the effective date published in DATES: This rule is effective May 16, and non-whiting trips NMFS used to the notice of closure. 2014. weigh each calculation to determine [FR Doc. 2014–11182 Filed 5–15–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: initial quota share amounts that BILLING CODE 3510–22–P Miako Ushio, 206–526–4644; represented a combined whiting and [email protected]. non-whiting shorebased IFQ program.

TABLE 1—THE COUNCIL-PREFERRED SHORESIDE WHITING AND NON-WHITING TRAWL ALLOCATIONS FOR USE IN INITIAL ALLOCATION OF QUOTA SHARE. EXCERPT FROM THE Final Environmental Impact Statement (FEIS) FOR ALLOCA- TION OF HARVEST OPPORTUNITY BETWEEN SECTORS OF THE PACIFIC COAST GROUNDFISH FISHERY

Stocks and stock Shoreside trawl sectors Alternative 4: Complexes Non-Whiting Whiting

Lingcod—coastwide ...... 99.7% ...... 0.3% Pacific ...... 99.9% ...... 0.1% Pacific Whiting—coastwide ...... 0.1% ...... 99.9% Sablefish N. of 36° ...... 98.2% ...... 1.8% Sablefish S. of 36° ...... 100.0% ...... 0.0% ...... Remaining ...... 17% or 30 mt, whichever is greater, to WIDOW ...... Remaining ...... If under rebuilding, 52% to SS + Chilipepper S. of 40°10′ ...... 100.0% ...... 0.0% Splitnose S. of 40°10′ ...... 100.0% ...... 0.0% Yellowtail N. of 40°10′ ...... Remaining ...... 300 mt Shortspine N. of 34°27′ ...... 99.9% ...... 0.1% Shortspine S. of 34°27′ ...... 100.0% ...... 0.0% Longspine N. of 34°27′ ...... 100.0% ...... 0.0% Longspine S. of 34°27′ ...... 100.0% ...... 0.0% DARKBLOTCHED ...... Remaining ...... 9% or 25 mt, whichever is greater, to Minor Slope RF North ...... 98.6% ...... 1.4% Dover ...... 100.0% ...... 0.0% English Sole ...... 99.9% ...... 0.1% Petrale Sole—coastwide ...... 100.0% ...... 0.0%

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