2024-31315. International Fisheries; Pacific Tuna Fisheries; 2025-2026 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean

Table 1—Ex-Vessel Revenue of Coastal Purse Seine Vessels That Made Landings of Highly Migratory Species (HMS), by Year: Minimum, Maximum, and Mean

[Data from PacFIN]

	2019	2020	2021	2022	2023
Num. Vessels	11	12	<5	10	8
Min	$23	$7,271	<$7,000	$9	$5,848
Max	$135,549	$512,956	<$55,000	$183,012	$76,154
Mean	$57,563	$170,507	$24,055	$77,626	$25,095

Prior to the implementation of a 25 mt trip limit in 2015, coastal purse seine vessels landed an average of 41 mt per trip, and were capable of landing over 70 mt in a single trip. For the years 2022-2024, NMFS implemented a 30 mt trip limit. U.S. purse seine vessels did not utilize enough of the annual catch limit to trigger reduced trip limits in any year between 2022 and 2024. This may be because the 30 mt trip limits imposed were too restrictive for the purse seine fleet with growing schools of PBF. Because the annual and trip limits in 2025-2026 are higher than in recent years (trip limits starting at 60 mt), the proposed action is expected to provide more opportunity to the purse seine fleet when compared to the management of commercial PBF from 2015-2024. Buffer points that reduce trip limits throughout the year are intended to avoid overutilization and ensure that fleets other than purse seine can continue to fish throughout the year.

Catch and trip limits would be higher than the past 5 years of management for this stock, so the proposed rule is expected to provide increased revenue opportunity for this fleet. Purse seine vessels are also able to switch to other species if PBF trip limits decrease or the annual limit approaches. PBF has not been the primary revenue source of this fleet in recent years, and the proposed rule would not affect opportunities to fish other species. NMFS does not expect revenues, costs, or corresponding profitability of coastal purse seine vessels to be significantly altered as a result of this proposed rule.

Surface Hook-and-Line

The surface hook-and-line fishery mainly operates off the coast of California, although some landings occur in Oregon and Washington. The number of surface hook-and-line vessels in the U.S. fleet has ranged from 79-188 in the past 5 years with a mean of 160 total vessels. As the PBF stock has recovered, the hook-and-line fishery has also grown. In 2019, 13 percent of total PBF landings came from the hook-and-line fleet. Hook-and-line PBF landings have since grown to 88 percent of total landings in 2023. Metric tons of PBF caught by this fleet have also steadily increased over the past 5 years, from 36.07 mt in 2019 to 162.63 mt in 2023. However, the catch of PBF per trip in this fleet is relatively small. On average, vessels in this fleet catch only 0.15 mt of PBF per trip.

Ex-vessel revenue of the surface hook-and-line fleet has ranged from less than $20 to $217,660. Therefore, all of the vessels in this fleet are considered small businesses.

Table 2—Ex-Vessel Revenue of Surface Hook-and-Line Vessels That Made HMS Landings, by Year: Minimum, Maximum, and Mean

[Data from PacFIN]

	2019	2020	2021	2022	2023
Num. Vessels	79	111	145	188	178
Min	$48	$90	$78	$9	$96
Max	$55,264	$114,851	$123,740	$139,529	$217,660
Mean	$5,106	$8,215	$8,915	$9,487	$11,505

The catch limits proposed in this rule are higher than the past 5 years of management for this stock, which would provide increased revenue opportunity for this fleet. PBF makes up the majority of this fleet's revenue, but due to the low volume of PBF landings per trip these vessels would not be subjected to reduced trip limits. The trip limit of 5 mt would allow the surface hook-and-line fleet to continue to catch this valuable stock throughout the year, even in a scenario of increased purse seine effort. This proposed rule is expected to increase fishing opportunities for the surface hook-and-line vessels. NMFS does not expect revenues, costs, or corresponding profitability of surface hook-and-line vessels to be significantly altered as a result of this proposed rule.

Other U.S. Fleets That Catch PBF

Other gears known to land PBF include large-mesh drift gillnet, North Pacific albacore troll, and non-HMS fisheries. Since 2006, the average annual ex-vessel revenue for all U.S. vessels that landed PBF in small quantities has been less than $11 million. All of these vessels are considered small businesses.

The number of vessels from these fisheries that have landed PBF have ( print page 106404) ranged from 14-39 over the past 5 years, with an average of 23 per year. The metric tons of PBF landed by these gears have ranged from 11.38 to 57.15 mt per year, with a mean of 27.34 mt. Revenue from PBF landings by these fleets makes up a small percentage of their total revenue.

The majority of these landings came from the large-mesh drift gillnet fishery (DGN), which targets swordfish and thresher shark and also retains other marketable species. The number of vessels in this fishery has steadily decreased over the past 5 years. The Driftnet Modernization and Bycatch Reduction Act enacted in 2022 will sunset the use of large-mesh drift gillnets after 5 years, which will be December 2027. Landings of PBF from the DGN fleet have ranged from 9.57 mt to 54.74 mt in the past 5 years. DGN gear has never landed PBF in quantities greater than 5 mt in a single trip, so they are not likely to be impacted by any of the proposed trip limits.

Table 3—Ex-Vessel Revenue of Drift Gillnet Vessels, by Year: Minimum, Maximum, and Mean

[Data from PacFIN]

	2019	2020	2021	2022	2023
Num. Vessels	15	12	7	7	5
Min	$617	$7,959	$224	$10,226	$12,302
Max	$59,127	$83,447	$233,929	$136,880	$157,287
Mean	$26,842	$32,117	$77,787	$64,052	$97,690

The proposed rule would establish a trip limit of 5 mt to reduce the possibility of regulatory discards in these fleets as total catch approaches the annual limit. NMFS does not expect revenues, costs, or corresponding profitability of drift gillnet vessels to be significantly altered as a result of this proposed rule.

Overall Expected Economic Impacts of Proposed Regulations and Certification

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 to be small entities as defined by both the former size standards and the revised size standards. The proposed action would likely result in increased fishing opportunities relative to previous years, and would not cause significant negative economic impacts to the affected fishing fleets. Any impact to the income of U.S. vessels is expected to be minor. Because each affected vessel is a small business, there are no disproportionate economic impacts on small entities relative to large entities.

In summary, the proposed action, if adopted, is not expected to have a significant adverse economic impact on the profitability of a substantial number of small entities, or a disproportionate economic effect on small entities relative to large entities. Given these conclusions, an Initial Regulatory Flexibility Analysis is not required and none has been prepared.

Paperwork Reduction Act

This proposed rule does not contain a change to a collection of information requirement for purposes of the Paperwork Reduction Act of 1995 (PRA). The existing collection of information requirements would continue to apply under the following OMB Control Number(s): 0648-0778, Reporting and Notification Requirements in West Coast PBF Fishery.

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.

Executive Order 12866

This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

Executive Order 13175

NMFS has determined that this action would not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes; therefore, consultation with Tribal officials under Executive Order 13175 is not required, and the requirements of sections (5)(b) and (5)(c) of Executive Order 13175 also do not apply. A Tribal summary impact statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of Executive Order is not required and has not been prepared.

List of Subjects in 50 CFR Part 300

• Administrative practice and procedure
• Fish
• Fisheries
• Fishing
• Marine resources
• Reporting and recordkeeping requirements
• Treaties

Dated: December 20, 2024.

Samuel D. Rauch III,

Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 300 as follows:

PART 300—INTERNATIONAL FISHERIES REGULATIONS

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 § 300.25(g).

* * * * *

3. In § 300.25, revise paragraph (g) to read as follows:

§ 300.25

Fisheries management.

* * * * *

(g) Pacific bluefin tuna (Thunnus orientalis) commercial catch limits, reporting requirements, and in-season action procedures —(1) Biennial catch limit for 2025-2026. The biennial catch limit for 2025-2026 is 1,822 metric tons, plus up to 5 percent of under-harvest from the 2023-2024 biennial catch limit.

(2) Annual catch and trip limits for 2025. For the calendar year 2025, all commercial fishing vessels of the United States combined may capture, retain, transship, or land no more than 1,285 metric tons. A 60 mt trip limit will be in effect until the following criteria are met: ( print page 106405)

If the time of year is . . .	And NMFS anticipates cumulative catch will be . . .	Then the trip limit will be . . .
(i) January through June	885 mt	40 mt.
	1,060 mt	5 mt.
(ii) July through September	985 mt	40 mt.
	1,110 mt	5 mt.
(iii) October through December	1,085 mt	40 mt.
	1,160 mt	5 mt.

(3) Annual catch and trip limits for 2026. For the calendar year 2026, all commercial fishing vessels of the United States combined may capture, retain, transship, or land no more than the amount caught in 2025 subtracted from the biennial limit, not to exceed 1,285 metric tons.

(i) If the 2026 catch limit is more than 200 metric tons, a 60-metric ton trip limit will be in effect until the following criteria are met:

If the time of year is . . .	And NMFS anticipates cumulative catch will be within . . .	Then the trip limit will be . . .
(A) January through June	400 mt of the annual limit	40 mt.
	225 mt of the annual limit	5 mt
(B) July through September	300 mt of the annual limit	40 mt.
	175 mt of the annual limit	5 mt.
(C) October through December	200 mt of the annual limit	40 mt.
	125 mt of the annual limit	5 mt.