FR 2024-31315

Overview

Title

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

Agencies

ELI5 AI

The government wants to set some rules to help protect a kind of fish called the Pacific bluefin tuna, which lives in the ocean by the USA and some other countries. They plan to allow fishermen to catch only a certain amount each year to make sure there are plenty of tuna left in the sea for future generations.

Summary AI

The National Marine Fisheries Service (NMFS) is proposing a new rule under the Tuna Conventions Act that would set annual and trip limits on the U.S. commercial catch of Pacific bluefin tuna for 2025-2026. These measures aim to conserve the tuna population and meet the U.S.'s international commitments with the Inter-American Tropical Tuna Commission (IATTC). The proposed rule outlines specific trip limits that decrease as the cumulative catch approaches annual limits, and details a system for announcing and managing in-season actions to adjust these limits. Public comments on the proposed rule and the draft environmental assessment are invited until January 29, 2025, and can be submitted through the Federal e-Rulemaking Portal.

Abstract

NMFS is proposing regulations under the Tuna Conventions Act of 1950, as amended (TCA), to implement Inter-American Tropical Tuna Commission (IATTC) Resolution C-24-02 (Measures for the Conservation and Management of Bluefin Tuna in the Eastern Pacific Ocean) adopted by the IATTC in September 2024. This proposed rule would implement annual and trip limits on United States commercial catch of Pacific bluefin tuna (Thunnus orientalis) (PBF) in the eastern Pacific Ocean (EPO) for 2025-2026. This action is necessary to conserve PBF and for the United States to satisfy its obligations as a member of the IATTC. In accordance with the National Environmental Policy Act (NEPA), NMFS also announces the availability of a draft environmental assessment (EA) that analyzes the potential effects of the associated proposed rule.

Citation: 89 FR 106400
Document #: 2024-31315
Date:
Volume: 89
Pages: 106400-106405

AnalysisAI

Summary of the Document

The proposed regulation by the National Marine Fisheries Service (NMFS) aims to set limits on the commercial fishing of Pacific bluefin tuna by the United States in the Eastern Pacific Ocean for the years 2025 and 2026. This action is taken under the Tuna Conventions Act of 1950 in adherence to the international obligations of the United States as part of the Inter-American Tropical Tuna Commission (IATTC). The rule proposes specific annual and trip limits on tuna catch and outlines a framework for modifying these limits during the fishing season to prevent overfishing. The document is open for public comments until January 29, 2025.

Issues and Concerns

A significant issue with the document is its complexity and length, which may make it difficult for stakeholders to quickly grasp the essential details of the proposed rule changes, such as the specific catch and trip limits. The language used when discussing "in-season actions" could be confusing for readers who are not familiar with technical regulatory processes. It might benefit from a simplification or visual aids like flowcharts to explain how decisions and adjustments will be made.

Additionally, the document uses several acronyms and terminologies specific to the fishery management industry, such as ISC, IATTC, and PFMC, without offering clear explanations or definitions. This lack of clarity may create barriers for those who are less familiar with the fishing industry or its regulatory frameworks.

The economic analysis section is another area of concern. While it suggests that significant adverse impacts are not expected, it does not provide detailed information on how individual fishermen or small businesses might financially be affected. Similarly, the potential implications of policies like the Driftnet Modernization and Bycatch Reduction Act on future fishing practices are mentioned in passing but not thoroughly examined.

Impact on the Public

Broad Public Impact: This proposed rule aims to promote sustainable fishing practices, which could be beneficial to the general public by ensuring the long-term availability of Pacific bluefin tuna. It also shows the United States' commitment to international conservation efforts, aligning with broader environmental and conservation goals the public may support.

Specific Stakeholder Impact:

  1. Commercial Fishermen: Those operating in the fishing industry will be directly affected by these regulations. Increased catch limits compared to previous years may result in greater fishing opportunities and potentially higher revenues for some. However, the document also places seasonal restrictions and varying trip limits that necessitate careful planning and adaptation by fishermen.

  2. Small Businesses: The economic section of the proposed rule doesn't fully explore the potential financial implications on small businesses. While opportunities might increase, there remains uncertainty about the specific impacts.

  3. Environmental Stakeholders: Conservation groups may view these regulations positively because they impose structure on how Pacific bluefin tuna stocks are managed, aligning with sustainability and conservation efforts.

Recommendations for Improvement

The document may benefit from a more straightforward summary section that provides key information concisely. It would also enhance accessibility by defining industry-specific terms and acronyms at the outset. Visual aids, such as flowcharts, could be used to depict the decision-making process related to in-season actions clearly.

By expanding the economic analysis to detail potential impacts on individual stakeholders, NMFS could better communicate the expected outcomes of the rule. Lastly, providing a clear timeline for notifications and changes in regulations could help ensure that all stakeholders are fully informed and prepared to comply with new requirements.

Financial Assessment

In reviewing the proposed rule on commercial fishing restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean, several references and considerations concerning financial impacts and allocations were noted.

Small Business Size Standard

The document lays out a specific standard for classifying small businesses within the commercial fishing industry, established by the NMFS on December 29, 2015. This standard sets a threshold of $11 million in annual gross receipts, significantly lower than previous standards set by the Small Business Administration, which ranged from $5.5 million to $20.5 million depending on the specific marine sector. This lower threshold affects how businesses are categorized for regulatory purposes, potentially offering some protective measures or guidelines tailored to smaller entities.

Financial Impact on Fishing Fleets

The financial status of vessels involved in the Pacific Bluefin Tuna fishery is of particular interest. The document highlights that, since 2006, the average annual revenue per vessel from all finfish fishing activities for the U.S. purse seine fleet that has landed Pacific Bluefin Tuna has consistently been "far less than $11 million." For recent years (2019-2023), ex-vessel revenues of coastal purse seine vessels ranged from "less than $20 to $512,956 per vessel per year." Similarly, the surface hook-and-line fleet reported ex-vessel revenue from "less than $20 to $217,660," indicating the fleet comprises small businesses under the NMFS' small business size standard.

Interpretation and Implications

The financial references in this document underscore the scale at which these fishing operations function economically. These figures are crucial for understanding the potential impact of the proposed regulations on vessel operators. Despite the increased catch and trip limits proposed, they may not significantly alter the earnings landscape for these small-business operators, considered "far less than $11 million" in annual revenue. This suggests the rule is mindful of not imposing significant financial burdens on these fleets, acknowledging their limited revenue brackets.

Moreover, the fact that these vessels fall under the small business category might provide them with specific considerations or exemptions in compliance with regulatory framework aimed at minimizing economic impacts. However, this point could be expanded to offer clearer expectations surrounding financial impacts, as the current economic analysis in the document is described as expecting no significant adverse impacts without much elaboration.

Conclusion

In summary, the financial elements of the document identify the economic scale and structure of the fishing entities affected by the proposed rule. While there are extensive references to business sizes and average revenues, the document suggests minimal financial disruption due to the new regulations, despite an increase in fishing opportunities. This maintains a balance between regulatory compliance and financial stability for small businesses involved in Pacific Bluefin Tuna fisheries.

Issues

  • • The document could benefit from a more concise summary of proposed rule changes, specifically the catch and trip limits, as the current text is lengthy and may be difficult for some stakeholders to quickly understand.

  • • The language regarding 'in-season actions' and the criteria for their implementation might be complex for some readers; a simpler explanation or flowchart might help stakeholders comprehend how and when these actions will occur.

  • • The document assumes a general understanding of various fishing management terms and acronyms (e.g., ISC, IATTC, PFMC) without providing definitions or explanations, which could make it less accessible to the general public or stakeholders unfamiliar with these terms.

  • • The economic analysis section could be expanded to provide a clearer picture of the potential financial impacts on individual fishermen and small businesses, beyond stating that agencies do not expect significant adverse impacts.

  • • While detailed, the section on 'Regulatory Flexibility Act' is dense and may benefit from additional clarification or a plain language summary to make it more accessible to small business operators.

  • • The potential implications of the Driftnet Modernization and Bycatch Reduction Act on future PBF fishing practices are mentioned briefly but not fully explored, potentially leaving stakeholders uncertain about future impacts.

  • • The proposed rule’s publication and notification process is described but could be accompanied by a straightforward timeline or step-by-step guide to ensure stakeholders are fully informed of when and how they will receive critical information.

Statistics

Size

Pages: 6
Words: 6,515
Sentences: 207
Entities: 585

Language

Nouns: 2,047
Verbs: 551
Adjectives: 398
Adverbs: 101
Numbers: 365

Complexity

Average Token Length:
4.81
Average Sentence Length:
31.47
Token Entropy:
5.82
Readability (ARI):
20.77

Reading Time

about 24 minutes