[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58240-58248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23106]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130104012-3777-02]
RIN 0648-BC88


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Bigeye Tuna Catch Limit in Longline 
Fisheries for 2013 and 2014

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations under authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (WCPFC 
Implementation Act) to establish a catch limit of 3,763 metric tons 
(mt) of bigeye tuna (Thunnus obesus) for vessels in the U.S. pelagic 
longline fisheries operating in the western and central Pacific Ocean 
(WCPO) for each of the calendar years 2013 and 2014. The limit does not 
apply to vessels in the longline fisheries of American Samoa, Guam, or 
the Commonwealth of the Northern Mariana Islands (CNMI). Once the limit 
of 3,763 mt is reached in 2013 or 2014, retaining, transshipping, or 
landing bigeye tuna caught in the area of application of the Convention 
on the Conservation and Management of Highly Migratory Fish Stocks in 
the Western and Central Pacific Ocean (Convention), which comprises the 
majority of the WCPO, will be prohibited for the remainder of the 
calendar year, with certain exceptions. This action is necessary for 
the United States to satisfy its obligations under the Convention, to 
which it is a Contracting Party.

DATES: This rule is effective October 23, 2013.

ADDRESSES: Copies of supporting documents prepared for this final rule, 
including the regulatory impact review (RIR) and the Supplemental 
Information Report prepared for National Environmental Policy Act 
(NEPA) purposes, are available via the Federal e-Rulemaking Portal, at 
www.regulations.gov (search for Docket ID NOAA-NMFS-2013-0090). Those 
documents, and the small entity compliance guide prepared for this 
final rule, are also available from NMFS at the following address: 
Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands 
Regional Office (PIRO), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 
96814-4700. The initial regulatory flexibility analysis (IRFA) and 
final regulatory flexibility analysis (FRFA) prepared under the 
authority of the Regulatory Flexibility Act (RFA) are included in the 
proposed rule and this final rule, respectively.

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-944-2273.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 2013, NMFS published a proposed rule in the Federal 
Register (78 FR 36496) to revise regulations at 50 CFR part 300, 
subpart O, to implement a decision of the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (WCPFC or Commission). The proposed 
rule was open to public comment through July 18, 2013.
    This final rule is issued under the authority of the WCPFC 
Implementation Act (16 U.S.C. 6901 et seq.), which authorizes the 
Secretary of Commerce, in consultation with the Secretary of State and 
the Secretary of the Department in which the United States Coast Guard 
is operating (currently the Department of Homeland Security), to 
promulgate such regulations as may be necessary to carry out the 
obligations of the United States under the Convention, including the 
decisions of the WCPFC. The authority to promulgate regulations has 
been delegated to NMFS.
    This final rule implements for U.S. fishing vessels the longline 
bigeye tuna catch limit established in WCPFC Conservation and 
Management Measure (CMM) 2012-01, ``Conservation and Management Measure 
for Bigeye, Yellowfin and Skipjack Tuna in the Western and Central 
Pacific Ocean.'' The preamble to the proposed rule includes detailed 
background information, including on the Convention and the WCPFC, the 
provisions of CMM 2012-01 being implemented in this rule, and the basis 
for the proposed regulations, which is not repeated here.

New Requirements

    This final rule implements the longline bigeye tuna catch limit of 
CMM 2012-01 for U.S. fishing vessels. The limit and associated 
restrictions apply to U.S. longline fisheries in the WCPO other than 
those of the three U.S. Participating Territories to the WCPFC--
American Samoa, Guam, and the CNMI.

Section 113 Authorization

    Because they are integral to this rulemaking, it is important to 
explain arrangements between fishing vessels and the U.S. Participating 
Territories, called Section 113(a) arrangements, prior to discussing 
the rule. These are allowed by section 113(a) of the Consolidated and 
Further Continuing Appropriations Act, 2012 (Pub. L. 112-55, 125 Stat. 
552 et seq., (continued by Pub. L. 113-6, 125 Stat. 603, section 110, 
the Department of Commerce Appropriations Act, 2013)) (hereinafter, 
``Section 113 authorization''). We refer to the original law, enacted 
for 2011 and 2012, as ``prior Section 113(a)''; and arrangements 
authorized under this law are referred to as ``Section 113(a) 
arrangements.''
    The Section 113 authorization enables the U.S. Participating 
Territories of the WCPFC to use, assign, allocate, and manage catch 
limits or fishing effort

[[Page 58241]]

limits agreed to by the WCPFC through arrangements with U.S. vessels 
with permits issued under the Fishery Ecosystem Plan for the Pacific 
Pelagic Fisheries of the Western Pacific Region (Pelagics FEP). It also 
further directs the Secretary of Commerce, for the purposes of annual 
reporting to the WCPFC, to attribute catches made by vessels operating 
under Section 113(a) arrangements to the U.S. Participating 
Territories. The Section 113 authorization also establishes specific 
eligibility criteria for these arrangements. This final rule takes into 
consideration the provisions of the Section 113 authorization and 
establishes additional requirements and conditions for catches of 
vessels under Section 113(a) arrangements to be attributed to the U.S. 
Participating Territories.
    The Section 113 authorization remains in effect until the earlier 
of December 31, 2013, or such time as the Western Pacific Fishery 
Management Council (WPFMC) recommends, and the Secretary approves, an 
amendment to the Pelagics FEP that would authorize U.S. Participating 
Territories to use, assign, allocate, and manage catch limits of highly 
migratory fish stocks, or fishing effort limits, established by the 
WCPFC, and the amendment is implemented via regulations. The WPFMC at 
its 157th meeting took final action to amend the Pelagics FEP 
accordingly; however, the amendment has not yet been approved or 
implemented by NMFS. It is possible the amendment, if approved, will 
apply in 2013 or 2014, in which case the provisions of the final rule 
that take into consideration the Section 113 authorization would cease 
to apply, as the amendment would effectively replace it. The Section 
113 authorization may also cease to apply on its own in 2014, if the 
effective date is not further extended beyond December 31, 2013. Thus, 
the regulatory text only implements the provisions for Section 113(a) 
arrangements for 2013. NMFS would take appropriate action to amend the 
regulatory text if Section 113(a) arrangements are applicable in 2014.

Establishment of the Limit

    For the purpose of this rule, the longline fisheries of the three 
U.S. Participating Territories are distinguished from the other 
longline fisheries of the United States (all of which include U.S.-
flagged vessels) based on three factors: (1) Where the bigeye tuna are 
landed; (2) the types of Federal longline fishing permits registered to 
the fishing vessel; or (3) whether the fishing vessel is included in a 
Section 113(a) arrangement. With respect to the first factor, except 
for vessels registered for use under valid American Samoa Longline 
Limited Access Permits, bigeye tuna landed by U.S. vessels in any of 
the three U.S. Participating Territories will be attributed to the 
longline fishery of that Participating Territory. However, in order for 
that attribution, the bigeye tuna: (1) Must not be harvested in the 
portion of the U.S. exclusive economic zone (EEZ) surrounding the 
Hawaiian Archipelago; (2) cannot be subject to attribution to another 
U.S. Participating Territory under an existing Section 113(a) 
arrangement; and (3) must be landed by a U.S. fishing vessel operated 
in compliance with one of the permits required under the regulations 
implementing the Pelagics FEP developed by the WPFMC or the Fishery 
Management Plan for U.S. West Coast Fisheries for Highly Migratory 
Species (West Coast HMS FMP) developed by the Pacific Fishery 
Management Council (i.e., a permit issued under 50 CFR 665.801 or 
660.707).
    For the second factor, bigeye tuna that are caught by a fishing 
vessel registered for use under a valid American Samoa Longline Limited 
Access Permit will generally be attributed to the longline fishery of 
American Samoa, regardless of where that catch is landed. However, that 
bigeye tuna: (1) Must not be harvested in the portion of the U.S. EEZ 
surrounding the Hawaiian Archipelago; (2) cannot be subject to 
attribution under an existing Section 113(a) arrangement; and (3) must 
be landed by a U.S. fishing vessel operated in compliance with one of 
the permits required under the regulations implementing the Pelagics 
FEP or the West Coast HMS FMP. NMFS makes this distinction because 
American Samoa Longline Limited Access Permits are issued only to 
participants that have demonstrated historical participation in the 
American Samoa pelagic fisheries, such that the catch may properly be 
attributed to that territory.
    Under the third factor, bigeye tuna that are caught by a fishing 
vessel that is included in a Section 113(a) arrangement will be 
attributed to the longline fishery of the appropriate U.S. 
Participating Territory that is party to the arrangement, subject to 
certain criteria. The longline fisheries of the United States and its 
territories operating in the WCPO are managed as discrete fisheries, 
with separate compilations of catch and effort statistics and separate 
management measures for each fishery. In order to allow for the orderly 
administration of these fisheries and consistently attribute catches to 
the fisheries of the U.S. Participating Territories under eligible 
Section 113(a) arrangements, NMFS will wait to attribute catches under 
eligible Section 113(a) arrangements until the date the catch limit 
will be reached can be forecasted with a fairly high degree of 
certainty. Thereafter, NMFS will attribute catches to the fisheries of 
the U.S. Participating Territories under eligible Section 113(a) 
arrangements starting seven days before the date the U.S. catch limit 
is forecasted to be reached. This procedure will allow NMFS to properly 
administer and enforce the specific management requirements for each 
fishery throughout the year, consistent with the approved Pelagics FEP.
    NMFS will prepare forecasts during 2013 and 2014 of the date that 
the bigeye tuna catch limit will be reached and periodically make these 
forecasts available to the public, such as by posting on a Web site. 
All the forecasts prepared up until the time that catch attribution to 
the U.S. Participating Territories under Section 113(a) arrangements 
actually begins will assume that there will be no such catch 
attribution to the U.S. Participating Territories. Those forecasts are 
subject to change as new information becomes available. Because of 
these potential changes, it is necessary to identify a particular 
forecast for the purpose of determining when catch attribution to the 
U.S. Participating Territories under eligible Section 113(a) 
arrangements will begin. For this purpose, NMFS will use the first 
forecast that indicates the catch limit will be reached within 28 days 
of the date of preparation of that forecast. The projected catch limit 
date in this forecast will be called, for the purpose of this final 
rule, the pre-Section 113(a) attribution forecast date. As soon as NMFS 
determines the pre-Section 113(a) attribution forecast date, NMFS will 
evaluate all Section 113(a) arrangements that it has received, based on 
the eligibility criteria specified below, and calculate a new forecast 
date for the catch limit, this time excluding from the tally any U.S. 
catches to be attributed to the U.S. Participating Territories under 
eligible Section 113(a) arrangements. In order to allow NMFS a 
reasonable amount of time to complete this process, NMFS will begin 
attributing catches to the U.S. Participating Territories under 
eligible Section 113(a) arrangements seven days before the pre-Section 
113(a) attribution forecast date and the new forecast date for the 
catch limit will be calculated based on this attribution start date. At

[[Page 58242]]

that time, NMFS will also make publicly available a new forecast date 
on a Web site--the post-Section 113(a) attribution forecast date--and 
will update that forecast date as appropriate throughout 2013 and 2014 
(if Section 113(a) arrangements are applicable in 2014).
    There will be no official due date for the receipt by NMFS of 
potentially eligible Section 113(a) arrangements. However, NMFS will 
need 14 days to process arrangements that it receives, so for an 
arrangement received after the date that NMFS determines the pre-
Section 113(a) attribution forecast date, attribution to the 
appropriate U.S. Participating Territory will start 14 days after NMFS 
has received the arrangement or seven days before the pre-Section 
113(a) attribution forecast date, whichever date is later.
    The final rule also includes certain requirements that must be met 
in order for NMFS to attribute bigeye tuna caught by a particular 
vessel included in a Section 113(a) arrangement to the longline fishery 
of a U.S. Participating Territory. First, with the exception of 
existing arrangements received by NMFS prior to the effective date of 
the final rule, NMFS will need to receive from the vessel owner or 
designated representative a copy of the arrangement at least 14 days 
prior to the date the bigeye tuna were caught. In addition, the 
arrangement will need to satisfy specific criteria, discussed in detail 
in the section below.
    Any bigeye tuna attributed to the longline fisheries of American 
Samoa, Guam, or the CNMI as specified above will not be counted against 
the U.S. limit. All other bigeye tuna captured by longline gear in the 
Convention Area by U.S. longline vessels and retained will be counted 
against the U.S. limit of 3,763 mt.

Eligible Arrangements

    An arrangement is not eligible for the attribution of bigeye tuna 
to the U.S. Participating Territories under the terms of the Section 
113 authorization unless the arrangement: (1) Includes vessels 
registered for use with valid permits issued under the Pelagics FEP; 
(2) imposes no requirements regarding where the vessels fish or land 
their catch; (3) is signed by all the owners of the vessels included in 
the arrangement, or by their designated representative(s); (4) is 
signed by an authorized official of the U.S. Participating 
Territory(ies) or his or her designated representative(s); and (5) is 
funded by deposits to the Western Pacific Sustainable Fisheries Fund in 
support of fisheries development projects identified in a territory's 
Marine Conservation Plan adopted pursuant to section 204 of the MSA. If 
NMFS determines that an arrangement does not meet the criteria for 
eligibility, NMFS will notify the parties to the arrangement or their 
designated representative(s) of its determination within 14 days of 
receiving a copy of the arrangement.

Vessels Under one or More Categories for Attribution to the U.S. 
Participating Territories

    Consistent with the statutory language of the Section 113 
authorization, any catch of bigeye tuna that is landed by a vessel 
operating under an eligible Section 113(a) arrangement is attributed to 
the longline fishery of the U.S. Participating Territory that is a 
party to the arrangement. Where there is no section 113(a) arrangement, 
this final rule provides that catch is attributed to the longline 
fishery either where the catch is landed or, in the case of vessels 
with an American Samoa Longline Limited Access Permit, to American 
Samoa, provided that the fish are not harvested in the U.S. EEZ 
surrounding Hawaii. This final rule clarifies that, notwithstanding the 
other landing or permit attributions, bigeye tuna that is caught by a 
vessel included in an eligible Section 113(a) arrangement will always 
be attributed to the U.S. Participating Territory that is a party to 
the arrangement on or after the attribution start date. For example, 
fish harvested on the high seas by a vessel operating under both a 
Hawaii Longline Limited Access Permit and an American Samoa Longline 
Limited Access Permit ordinarily will be attributed to American Samoa 
regardless of where it is landed. However, if the vessel enters into a 
valid section 113(a) arrangement with a U.S. Participating Territory 
catch will be attributed to the U.S. Participating Territory that is a 
party to the arrangement, on or after the attribution start date, 
regardless of where the catch is landed or whether the vessel has an 
American Samoa Longline Limited Access Permit.

Announcement of the Limit Being Reached

    If NMFS determines that the limit is expected to be reached before 
the end of 2013 or 2014, NMFS will publish a notice in the Federal 
Register to announce specific fishing restrictions that are effective 
from the date the limit is expected to be reached until the end of the 
2013 or 2014 calendar year. NMFS will publish the notice of the 
restrictions at least seven calendar days before the effective date to 
provide vessel operators with advance notice. Periodic forecasts of the 
date the limit is expected to be reached will be made available to the 
public, such as by posting on a Web site, to help vessel operators plan 
for the possibility of the limit being reached.

Restrictions After the Limit is Reached

    (1) Retain on board, transship, or land bigeye tuna: Starting on 
the effective date of the restrictions and extending through December 
31 of that calendar year, it will be prohibited to use a U.S. fishing 
vessel to retain on board, transship, or land bigeye tuna captured in 
the Convention Area by longline gear, except as follows:
    First, any bigeye tuna already on board a fishing vessel upon the 
effective date of the restrictions can be retained on board, 
transshipped, and/or landed, provided that they are landed within 14 
days after the restrictions become effective. A vessel that had 
declared to NMFS pursuant to 50 CFR 665.803(a) that the current trip 
type is shallow-setting is not subject to this 14-day landing 
restriction, so these vessels would be able to land fish more than 14 
days after the restrictions become effective.
    Second, bigeye tuna captured by longline gear can be retained on 
board, transshipped, and/or landed if they are caught by a fishing 
vessel registered for use under a valid American Samoa Longline Limited 
Access Permit, or if they are landed in American Samoa, Guam, or the 
CNMI. However, the bigeye tuna must not be caught in the portion of the 
U.S. EEZ surrounding the Hawaiian Archipelago, and must be landed by a 
U.S. fishing vessel operated in compliance with a valid permit issued 
under 50 CFR 660.707 or 665.801.
    Third, bigeye tuna captured by longline gear can be retained on 
board, transshipped, and/or landed if they are caught by a vessel that 
is included in an eligible Section 113(a) arrangement, as specified 
above. Also, these bigeye tuna must be subject to attribution to the 
longline fishery of American Samoa, Guam, or the CNMI in accordance 
with the terms of the arrangement, and to the extent consistent with 
the requirements and procedures set forth in the final rule. However, 
NMFS must have received from the vessel owner or designated 
representative a copy of the arrangement at least 14 days prior to the 
activity (i.e., the retention on board, transshipment, or landing). The 
advance notification provision will not apply to existing arrangements 
received by NMFS prior to the effective date of the final rule.
    (2) Transshipment of bigeye tuna to certain vessels: Starting on 
the effective

[[Page 58243]]

date of the restrictions and extending through December 31 of that 
calendar year, it will be prohibited to transship bigeye tuna caught in 
the Convention Area by longline gear to any vessel other than a U.S. 
fishing vessel operated in compliance with a valid permit issued under 
50 CFR 660.707 or 665.801.
    (3) Fishing inside and outside the Convention Area: To help ensure 
compliance with the restrictions related to bigeye tuna caught by 
longline gear in the Convention Area, the final rule establishes two 
additional, related prohibitions that are in effect starting on the 
effective date of the restrictions and extending through December 31 of 
that calendar year. First, vessels are prohibited from fishing with 
longline gear both inside and outside the Convention Area during the 
same fishing trip, with the exception of a fishing trip that is in 
progress at the time the announced restrictions go into effect. In that 
exceptional case, the vessel still must land any bigeye tuna taken in 
the Convention Area within 14 days of the effective date of the 
restrictions, as described above. Second, if a vessel is used to fish 
using longline gear outside the Convention Area and enters the 
Convention Area at any time during the same fishing trip, the longline 
gear on the fishing vessel must be stowed in a manner so as not to be 
readily available for fishing while the vessel is in the Convention 
Area. These two prohibitions do not apply to the following vessels: (1) 
Vessels on declared shallow-setting trips pursuant to 50 CFR 
665.803(a); or (2) vessels operating for the purposes of this rule as 
part of the longline fisheries of American Samoa, Guam, or the CNMI. 
This second group includes vessels registered for use under valid 
American Samoa Longline Limited Access Permits and vessels landing 
their bigeye tuna catch in one of the three U.S. Participating 
Territories, so long as these vessels conduct fishing activities in 
accordance with the conditions described above; or vessels included in 
an eligible Section 113(a) arrangement, as specified above, provided 
that their catches of bigeye tuna are subject to attribution to the 
longline fishery of American Samoa, Guam, or the CNMI at the time of 
the activity.

Comments and Responses

    NMFS received four sets of comments on the proposed rule. The 
comments are summarized below, followed by responses from NMFS.
    Comment 1: One commenter stated that the catch limit should be 0.5 
mt and all longline operations should be prohibited in U.S. waters. 
Tuna are vanishing from the earth. NMFS should address overfishing and 
reduce overfishing by 50 percent.
    Another commenter requests NMFS end overfishing and set catch 
limits for all fishing within U.S. jurisdiction, including vessels in 
the longline fisheries of American Samoa, Guam and the CNMI. The 
commenter notes that the rule would establish a 3,763 mt bigeye tuna 
catch limit for vessels in the U.S. pelagic longline fisheries 
operating in the WCPO under the authority of the WCPFC Implementation 
Act, and that the WCPFC Implementation Act authorizes NMFS to 
promulgate such regulations as may be necessary to carry out the United 
States' obligations under the Convention and the WCPFC Implementation 
Act, including recommendations and decisions adopted by the Commission. 
Nothing in the WCPFC Implementation Act precludes NMFS from setting 
catch limits lower than specified in recommendations by the Commission. 
Catch limits for all vessels are imperative given the recent science 
showing that increases in fishing in the past 16 years have altered the 
Pacific Ocean ecosystem, perhaps irreversibly. A fourfold increase in 
hooks in the Hawaii-based deep-set longline fishery during this time 
period has resulted in a 50% decrease in catch of target big fish like 
bigeye tuna. As a result of fewer target species being available, 
discards have increased to an estimated 30-40% of total catch. Current 
fishing levels are unsustainable and NMFS has a legal and moral mandate 
to reduce bigeye tuna mortality immediately.
    Response: As stated in the preamble to the proposed rule, the WCPFC 
established the 3,763 mt longline bigeye tuna catch limit for the 
United States in CMM 2012-01, and NMFS is implementing this catch limit 
to fulfill the obligations of the United States under the Convention, 
pursuant to the WCPFC Implementation Act. NMFS notes that it has 
determined that the stock of bigeye tuna in the Pacific Ocean is 
subject to overfishing, according to the NMFS stock status 
determination criteria established in the Pelagics FEP and West Coast 
HMS FEP, and, pursuant to the separate MSA process, NMFS and the 
Regional Fishery Management Councils may consider other management 
actions for this stock that are outside the scope of this rulemaking. 
However, now NMFS must implement the 3,763 mt catch limit established 
by the WCPFC in CMM 2012-01 in order to meet the obligations of the 
United States as a Contracting Party to the Convention.
    Comment 2: The proposed rule includes a lengthy and complex 
explanation of the context for the proposed rule, implementation of 
process and deadlines, exceptions, environmental impacts, and 
regulatory flexibility analysis. The proposed rule also purports to 
give notice regarding a variety of possible scenarios that may or may 
not occur later in 2013 or 2014, and which may or may not alter the 
underlying international, U.S. statutory, or U.S. regulatory regime. 
This comment does not endorse or disagree with NMFS' explanations or 
suppositions, but expresses skepticism that the proposed rule provides 
meaningful notice as to application of the proposed rule, or as to 
future changes to the proposed rule once adopted in final, should there 
be material alterations made to the underlying catch limit regime now 
in effect under international treaty, U.S. law, and U.S. regulatory 
requirements.
    This comment does support the adoption of the bigeye tuna catch 
limit regulations so long as they continue to confirm and implement the 
Section 113 authorization. The Hawaii Longline Association will be 
entering into a new Section 113(a) arrangement that is substantially 
the same as past Section 113(a) arrangements. The proposed rule does 
not appear to alter in any way the applicable criteria for a qualifying 
Section 113(a) arrangement. It would be objectionable for NMFS to 
intend anything different for Section 113(a) arrangements, because that 
would conflict with applicable law and because fair notice of a 
different intent is not given in the proposed rule.
    Response: As stated in the preamble to the proposed rule, prior 
Section 113(a) was in effect in 2011 and 2012, and the requirements for 
Section 113(a) arrangements in this rule are identical to the 
requirements for Section 113(a) arrangements specified in the interim 
final rule to implement the WCPFC-established longline bigeye tuna 
catch limit for 2012 (2012 rule; see 77 FR 51709). NMFS is not 
introducing new procedures for Section 113(a) arrangements in this 
rule. Moreover, although this rule implements the 3,763 mt longline 
bigeye tuna cach limit for each of the 2013 and 2014 calendar years, 
the rule only implements the provisions for Section 113(a) arrangements 
for 2013, as it is unknown whether Section 113(a) arrangements would be 
applicable in 2014. NMFS will take appropriate action to amend the 
regulatory text if Section 113(a) arrangements are applicable in 2014.
    Comment 3: The U.S. Department of the Interior provided a letter 
stating that

[[Page 58244]]

it had reviewed the proposed rule and had no comments.
    Response: NMFS acknowledges the comment.
    Comment 4: While the proposed rule ostensibly sets catch limits, it 
does not apply the limit to vessels in the longline fisheries of 
American Samoa, Guam, or the CNMI. The practical effect is to allow 
unlimited bigeye tuna fishing through agreements transferring the U.S. 
Participating Territories' unlimited quota by virtue of a loophole 
created by appropriations riders--prior Section 113(a) and the Section 
113 authorization. At the meeting concluded on June 28, 2013, the WPFMC 
recommended that the Pelagics FEP be amended to include a 2,000 mt 
bigeye tuna longline limit for the U.S. Participating Territories. 
There is no reason not to implement this recommendation now via the 
rule.
    In addition to setting enforceable bigeye tuna catch limits for all 
U.S. pelagic longline vessels, NMFS must require 100 percent observer 
coverage on the deep-set longline vessels, per the recommendations of 
the U.S. Fish and Wildlife Service (USFWS) in its 2012 biological 
opinion for the operation of Hawaii-based pelagic longline fisheries. 
Deep-set longline vessels currently have 20 percent observer coverage, 
which is inadequate to monitor protected species interactions.
    If NMFS finalizes the proposed rule--allowing unlimited fishing for 
bigeye tuna--it must reinitiate consultation under Section 7 of the 
Endangered Species Act (ESA) on the activity's effects on endangered 
species such as seabirds, sea turtles, and marine mammals. The most 
recent biological opinions do not include fishing effort data from 2011 
or 2012--years in which there have been no bigeye tuna limits--and 
thus, this is new information triggering reinitiation of consultation 
because the effects of the agency action may affect listed species in a 
manner or to an extent not considered in prior biological opinions.
    Response: This rule implements the longline-related provisions of 
CMM 2012-01 for the United States' longline fisheries, pursuant to the 
WCPFC Implementation Act, as well as the requirements of the Section 
113 authorization. As stated in the preamble to the proposed rule, 
under CMM 2012-01 and its Attachment F, the longline fisheries of 
American Samoa, Guam, and the CNMI are not subject to longline bigeye 
tuna catch limits. However, implementing WPFMC recommendations, 
including the bigeye tuna catch limits for U.S. Participating 
Territories, must be done by the procedures specified in the MSA, and, 
if appropriate, would be part of a separate rulemaking pursuant to MSA 
authority. The WPFMC is currently developing its recommendation for the 
2,000 mt catch limits for U.S. Participating Territories for 
Secretarial review, pursuant to the MSA process. Following transmittal, 
NMFS will review the amendment for consistency with all applicable law 
and seek public comment, consistent with the provisions of MSA.
    USFWS provided conservation recommendations regarding the amount of 
observer coverage for the Hawaii-based deep set longline fishery in its 
2012 Biological Opinion (Biological Opinion of the U.S. Fish and 
Wildlife Service for the Operation of Hawaii-based Pelagic Longline 
Fisheries, Shallow Set and Deep Set, Hawaii; January 6, 2012). As 
stated in the 2012 Biological Opinion, conservation recommendations are 
discretionary agency activities to minimize or avoid adverse effects of 
a proposed action on listed species or critical habitat (e.g., to help 
implement recovery plans, or to collect information). USFWS recommended 
that observer coverage for the deep-set fishery be increased, as funds 
are available, and that the amount of coverage be increased to 100 
percent for vessels fishing within the range of the short-tailed 
albatross (Phoebastria albatrus). However, NMFS is satisfied that 20% 
observer coverage is sufficient to provide statistically reliable 
information with which to assess the fishery's impacts on protected 
species. Moreover, whether or when to make changes to observer coverage 
is outside the scope of this rulemaking.
    NMFS disagrees that this action triggers reinitiation of formal 
consultation under Section 7 of the ESA. Section 7(a)(2) of the ESA 
requires agencies to ensure that their activities are not likely to 
jeopardize the continued existence of listed species. An agency must 
reinitiate consultation under ESA section 7(a)(2) whenever one of the 
four reinitiation triggers under 50 CFR subpart 402.16 is met. The 
deep-set fishery currently operates under a October 2005 ``no 
jeopardy'' Biological Opinion, which determined that the continued 
authorization of the deep-set longline fishery complies with ESA 
section 7(a)(2). On June 5, 2013, NMFS considered information relative 
to fishing effort under the 3,763 bigeye tuna catch limit as well as 
the potential for increased effort under the requirements of Section 
113 authorization, and determined that these changes in the conduct of 
the fishery have not resulted in adverse effects to listed species or 
critical habitat that were not considered in the 2005 consultation. 
Accordingly, the 2005 Biological Opinion remains valid with respect to 
those protected species addressed in the consultation.
    Moreover, in June 2013, NMFS reinitiated consultation on the deep-
set fishery in response to the recent listing of the insular false 
killer whale under ESA and the deep-set fishery's interaction with one 
sperm whale. This consultation is ongoing and will consider, among 
other information, the effects of the continuing operation of the deep-
set fishery under the 3,763 mt annual limit as well as the requirements 
of the Section 113 authorization.

Changes from the Proposed Rule

    As discussed above, this final rule clarifies that, consistent with 
the express requirements of the Section 113 authorization, bigeye tuna 
catch by a vessel operating under an eligible Section 113(a) 
arrangement must be attributed to the U.S. Participating Territory 
party to the arrangement, if caught on or after the attribution start 
date, notwithstanding where the fish is landed, or whether the vessel 
is operating under an American Samoa Longline Limited Access Permit. 
NMFS has included language in the regulatory text to clarify that if a 
given catch of bigeye tuna is caught by a vessel not operating under an 
eligible Section 113(a) arrangement but has an American Samoa Longline 
Limited Access Permit, and the fish is not harvested in the U.S. EEZ 
around Hawaii, that catch will be attributed to the longline fishery of 
American Samoa. NMFS has not made any substantive changes to the 
proposed rule in this final rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this final rule is consistent with the WCPFC Implementation Act 
and other applicable laws.

Executive Order 12866

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

Regulatory Flexibility Act

    A FRFA was prepared. The FRFA incorporates the IRFA prepared for 
the proposed rule. The analysis in the IRFA is not repeated here in its 
entirety.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble of the 
proposed rule and in the SUMMARY and SUPPLEMENTARY

[[Page 58245]]

INFORMATION sections of this final rule, above. The analysis follows:

Significant Issues Raised by Public Comments in Response to the IRFA

    NMFS did not receive any public comments in response to the IRFA.

Description of Small Entities to Which the Rule Will Apply

    On June 20, 2013, the Small Business Administration (SBA) issued a 
final rule revising the small business size standards for several 
industries effective July 22, 2013 (78 FR 37398). The rule increased 
the size standard for Finfish Fishing from $4.0 to 19.0 million, 
Shellfish Fishing from $4.0 to 5.0 million, and Other Marine Fishing 
from $4.0 to 7.0 million (Id. at 37400 (Table 1)). Pursuant to the 
Regulatory Flexibility Act, and prior to SBA's June 20 final rule, 
initial regulatory flexibility analysis was developed for this action 
using SBA's former size standards. NMFS has reviewed the analyses 
prepared for this action in light of the new size standards. Under the 
former, lower size standards, all entities subject to this action were 
considered small entities, thus they all would continue to be 
considered small under the new standards. NMFS has determined that the 
new size standards do not affect analyses prepared for this action.
    The final rule will apply to owners and operators of U.S. vessels 
fishing with longline gear in the Convention Area, except those that 
are part of the longline fisheries of American Samoa, Guam, or the 
CNMI. The total number of affected entities is approximated by the 
number of Hawaii Longline Limited Access Permits (issued under 50 CFR 
665.13) that are assigned to vessels (permitted vessels). Under the 
limited access program, no more than 164 permits may be issued. During 
2006-2012 the number of permitted vessels ranged from 130 to 145 (these 
figures and some other estimates in the remainder of this FRFA differ 
slightly from previously published estimates because of subsequent 
updates to the data and/or methods that were used for the estimates). 
The current number of permitted vessels (as of August 2013) is 130. 
Traditionally, most of the Hawaii fleet's fishing effort has been in 
the Convention Area, with the remainder of the effort to the east of 
the Convention Area, as described below. Owners and operators of U.S. 
longline vessels based on the U.S. west coast also could be affected by 
this proposed rule. However, based on the complete lack of fishing by 
that fleet in the Convention Area since 2005, it is expected that very 
few, if any, U.S. west coast vessels would be affected.
    Most of the Hawaii longline fleet targets bigeye tuna using deep 
sets, and during certain parts of the year, portions of the fleet 
target swordfish using shallow sets. In the years 2005 through 2012, 
the estimated numbers of Hawaii longline vessels that actually fished 
ranged from 124 to 129. Of the vessels that fished, the number of 
vessels that engaged in deep-setting in the years 2005 through 2012 
ranged from 122 to 129, and the number of vessels that engaged in 
shallow-setting ranged from 18 to 35. The number of vessels that 
engaged in both deep-setting and shallow-setting ranged from 17 to 35. 
The number of vessels that engaged exclusively in shallow-setting 
ranged from zero to two.
    As an indication of the size of businesses in the fishery, average 
annual ex-vessel revenue for the fleet during 2005-2010 was about $71 
million (in 2012 dollars). Virtually all of those revenues are believed 
to come from shallow-set and deep-set longlining.

Recordkeeping, Reporting, and Other Compliance Requirements

    The final rule will not establish any new reporting or 
recordkeeping requirements within the meaning of the Paperwork 
Reduction Act. The classes of small entities subject to the 
requirements and the types of professional skills necessary to fulfill 
each of the requirements are described in the IRFA.

Disproportionate Impacts

    As indicated above, all of the affected entities are likely to be 
small entities, so there are not expected to be any disproportionate 
economic impacts between small and large entities resulting from this 
final rule. However, as described in the IRFA, there could be 
disproportionate impacts according to vessel size. The 500 mt eastern 
Pacific Ocean (EPO) bigeye catch limit for 2013 applies only to vessels 
greater than 24 m in length overall, so in the event that the WCPO 
bigeye tuna fishery is closed and the 500 mt limit is reached in the 
EPO, only vessels 24 m or less in length would be able to take 
advantage of the alternative opportunity of deep-setting for bigeye 
tuna in the EPO. On the other hand, smaller vessels can be expected to 
find it more difficult, risky, and/or costly to fish in the EPO during 
the relatively rough winter months than larger vessels.
    All the affected entities are longline fishing businesses, so there 
would be no disproportionate economic impacts based on fishing gear. No 
disproportionate economic impacts based on home port are expected.

Steps Taken To Minimize the Significant Economic Impacts on Small 
Entities

    NMFS explored alternatives that would achieve the objective of this 
action while minimizing economic impacts on small entities. As 
described in the RIR prepared for the proposed rule, NMFS analyzed 
three alternative approaches (called ``options'' in the RIR) regarding 
when NMFS would start attributing catches to the U.S. Participating 
Territories under Section 113(a) arrangements. The rule implements 
``option 2,'' under which NMFS will start attributing catches to the 
U.S. Participating Territory at a particular point before the U.S. 
bigeye tuna catch limit is forecasted to be reached. Under ``option 
1,'' the timing of attribution would not be constrained; that is, it 
would be done according to the terms of the arrangement. Under ``option 
3,'' NMFS would start attributing to the U.S. Participating Territory 
only after the U.S. bigeye tuna catch limit has been reached. Option 3 
would not be less constraining or costly to affected entities than the 
proposed option. Option 1 would have the potential to be less 
constraining and costly, since Section 113(a) arrangements could be 
written such that bigeye tuna is attributed to the Participating 
Territories starting at any time, including well before the U.S. catch 
limit is forecasted to be reached. Under option 1, therefore, there 
would be the potential (depending on the terms of any arrangements) for 
there to be a lower likelihood of the catch limit being reached than 
under the proposed option, and thus any constraining effects on the 
activities of affected entities would be accordingly lower. The 
magnitude of these differences would depend on the terms of any 
eligible arrangements. As an extreme example, arrangements could be 
written such that there is essentially no chance that the U.S. catch 
limit would be reached, in which case affected entities would be 
unconstrained by the catch limit and bear no costs as a result of the 
rule. NMFS favors option 2 and rejects option 1 for the following 
reasons: In order to allow for the orderly administration of these 
fisheries and a consistent manner of attributing catches to the 
fisheries of the U.S. Participating Territories under eligible Section 
113(a) arrangements, NMFS believes it important to wait to attribute 
catches under eligible Section 113(a) arrangements until the date the 
catch

[[Page 58246]]

limit would be reached can be forecasted with a fairly high degree of 
probability. Thereafter, NMFS will attribute catches to the fisheries 
of the U.S. Participating Territories under eligible Section 113(a) 
arrangements starting seven days before the date the U.S. catch limit 
is forecasted to be reached. This procedure will allow NMFS to properly 
administer and enforce the specific management requirements for each 
fishery throughout the year, consistent with the approved Pelagics FEP.
    NMFS also considered the no-action alternative, which could result 
in fewer costs than the proposed action for many affected entities (but 
as described in the IRFA, for some affected entities, the rule could be 
more economically beneficial than no-action), but NMFS has determined 
that the no-action alternative would fail to accomplish the objectives 
of the WCPFC Implementation Act, including satisfying the obligations 
of the United States as a Contracting Party to the Convention. For that 
reason, the no-action alternative is rejected.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide has been 
prepared. The guide will be sent to permit holders in the affected 
fisheries. The guide and this final rule will also be available at 
www.fpir.noaa.gov and by request from NMFS PIRO (see ADDRESSES).

List of Subjects in 50 CFR Part 300

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

    Dated: September 18, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O [Amended]

0
1. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

    Authority: 16 U.S.C. 6901 et seq.


0
2. Section 300.224 is revised to read as follows:


Sec.  300.224  Longline fishing restrictions.

    (a) Establishment of bigeye tuna catch limit. There is a limit of 
3,763 metric tons of bigeye tuna that may be captured in the Convention 
Area by longline gear and retained on board by fishing vessels of the 
United States during each of the calendar years 2013 and 2014.
    (b) Exception for bigeye tuna landed in territories. Except as 
provided in paragraphs (c) and (d), bigeye tuna landed in American 
Samoa, Guam, or the Commonwealth of the Northern Mariana Islands will 
be attributed to the longline fishery of the territory in which it is 
landed and will not be counted against the limit established under 
paragraph (a) of this section, provided that:
    (1) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago; and
    (2) The bigeye tuna were landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec.  660.707 or Sec.  
665.801 of this title.
    (c) Exception for bigeye tuna caught by vessels with American Samoa 
Longline Limited Access Permits. Except as provided in paragraph (d), 
bigeye tuna caught by a vessel registered for use under a valid 
American Samoa Longline Limited Access Permit issued under Sec.  
665.801(c) of this title will be attributed to the longline fishery of 
American Samoa and will not be counted against the limit established 
under paragraph (a) of this section, provided that:
    (1) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago; and
    (2) The bigeye tuna were landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec.  660.707 or Sec.  
665.801 of this title.
    (d) Exception for bigeye tuna caught by vessels included in Section 
113(a) arrangements. Bigeye tuna caught in 2013 by a vessel that is 
included in an arrangement under the authorization of Section 113(a) of 
Public Law 112-55, 125 Stat. 552 et seq., the Consolidated and Further 
Continuing Appropriations Act, 2012 (continued by Public Law 113-6, 125 
Stat. 603, section 110, the Department of Commerce Appropriations Act, 
2013), will be attributed to the longline fishery of American Samoa, 
Guam, or the Commonwealth of the Northern Mariana Islands, according to 
the terms of the arrangement to the extent they are consistent with 
this section and applicable law, and will not be counted against the 
limit, provided that:
    (1) NMFS has received a copy of the arrangement from the vessel 
owner or a designated representative at least 14 days prior to the date 
the bigeye tuna was caught, except that this requirement shall not 
apply to any arrangement provided to NMFS prior to the effective date 
of this paragraph;
    (2) The bigeye tuna was caught on or after the ``start date'' 
specified in paragraph (g)(2) of this section; and
    (3) NMFS has determined that the arrangement satisfies the 
requirements of Section 113(a) of Public Law 112-55, 125 Stat. 552 et 
seq., the Consolidated and Further Continuing Appropriations Act, 2012 
(continued by Public Law 113-6, 125 Stat. 603, section 110, the 
Department of Commerce Appropriations Act, 2013), in accordance with 
the criteria specified in paragraph (g)(3) of this section.
    (e) Announcement of catch limit being reached and fishing 
prohibitions. NMFS will monitor retained catches of bigeye tuna with 
respect to the limit established under paragraph (a) of this section 
using data submitted in logbooks and other available information. After 
NMFS determines that the limit is expected to be reached by a specific 
future date, and at least seven calendar days in advance of that 
specific future date, NMFS will publish a notice in the Federal 
Register announcing that specific prohibitions will be in effect 
starting on that specific future date and ending December 31 of that 
calendar year.
    (f) Prohibitions after catch limit is reached. Once an announcement 
is made pursuant to paragraph (e) of this section, the following 
restrictions will apply during the period specified in the 
announcement:
    (1) A fishing vessel of the United States may not be used to retain 
on board, transship, or land bigeye tuna captured by longline gear in 
the Convention Area, except as follows:
    (i) Any bigeye tuna already on board a fishing vessel upon the 
effective date of the prohibitions may be retained on board, 
transshipped, and/or landed, to the extent authorized by applicable 
laws and regulations, provided that they are landed within 14 days 
after the prohibitions become effective. The 14-day landing requirement 
does not apply

[[Page 58247]]

to a vessel that has declared to NMFS, pursuant to Sec.  665.803(a) of 
this title, that the current trip type is shallow-setting.
    (ii) Bigeye tuna captured by longline gear may be retained on 
board, transshipped, and/or landed if they are landed in American 
Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, 
provided that:
    (A) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago;
    (B) Such retention, transshipment, and/or landing is in compliance 
with applicable laws and regulations; and
    (C) The bigeye tuna are landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec.  660.707 or Sec.  
665.801 of this title.
    (iii) Bigeye tuna captured by longline gear may be retained on 
board, transshipped, and/or landed if they are caught by a vessel 
registered for use under a valid American Samoa Longline Limited Access 
Permit issued under Sec.  665.801(c) of this title, provided that:
    (A) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago;
    (B) Such retention, transshipment, and/or landing is in compliance 
with applicable laws and regulations; and
    (C) The bigeye tuna are landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec.  660.707 or Sec.  
665.801 of this title.
    (iv) Bigeye tuna captured by longline gear may be retained on 
board, transshipped, and/or landed in 2013 if they were caught by a 
vessel that is included in an arrangement under the authorization of 
Section 113(a) of Public Law 112-55, 125 Stat. 552 et seq., the 
Consolidated and Further Continuing Appropriations Act, 2012 (continued 
by Public Law 113-6, 125 Stat. 603, section 110, the Department of 
Commerce Appropriations Act, 2013), if the arrangement provides for the 
bigeye tuna when caught to be attributed to the longline fishery of 
American Samoa, Guam, or the Commonwealth of the Northern Mariana 
Islands, provided that:
    (A) NMFS has received a copy of the arrangement at least 14 days 
prior to the activity (i.e., the retention on board, transshipment, or 
landing), unless NMFS has received a copy of the arrangement prior to 
the effective date of this section;
    (B) The ``start date'' specified in paragraph (g)(2) of this 
section has occurred or passed; and
    (C) NMFS has determined that the arrangement satisfies the 
requirements of Section 113(a) of Public Law 112-55, 125 Stat. 552 et 
seq., the Consolidated and Further Continuing Appropriations Act, 2012 
(continued by Public Law 113-6, 125 Stat. 603, section 110, the 
Department of Commerce Appropriations Act, 2013), in accordance with 
the criteria specified in paragraph (g)(3) of this section.
    (2) Bigeye tuna caught by longline gear in the Convention Area may 
not be transshipped to a fishing vessel unless that fishing vessel is 
operated in compliance with a valid permit issued under Sec.  660.707 
or Sec.  665.801 of this title.
    (3) A fishing vessel of the United States may not be used to fish 
in the Pacific Ocean using longline gear both inside and outside the 
Convention Area during the same fishing trip, with the exception of a 
fishing trip during which the prohibitions were put into effect as 
announced under paragraph (e) of this section, in which case the bigeye 
tuna on board the vessel may be retained on board, transshipped, and/or 
landed, to the extent authorized by applicable laws and regulations, 
provided that they are landed within 14 days after the prohibitions 
become effective. This prohibition does not apply to a vessel that 
catches bigeye tuna that is to be attributed to the longline fishery of 
American Samoa, Guam, or the Commonwealth of the Northern Mariana 
Islands in accordance with paragraphs (b), (c), or (d) of this section, 
or to a vessel for which a declaration has been made to NMFS, pursuant 
to Sec.  665.803(a) of this title, that the current trip type is 
shallow-setting.
    (4) If a fishing vessel of the United States, other than a vessel 
that catches bigeye tuna that is to be attributed to the longline 
fishery of American Samoa, Guam, or the Commonwealth of the Northern 
Mariana Islands, in accordance with paragraphs (b), (c), and (d) of 
this section, or a vessel for which a declaration has been made to 
NMFS, pursuant to Sec.  665.803(a) of this title, that the current trip 
type is shallow-setting, is used to fish in the Pacific Ocean using 
longline gear outside the Convention Area and the vessel enters the 
Convention Area at any time during the same fishing trip, the longline 
gear on the fishing vessel must, while it is in the Convention Area, be 
stowed in a manner so as not to be readily available for fishing; 
specifically, the hooks, branch or dropper lines, and floats used to 
buoy the mainline must be stowed and not available for immediate use, 
and any power-operated mainline hauler on deck must be covered in such 
a manner that it is not readily available for use.
    (g) Procedures and conditions for Section 113(a) arrangements. This 
paragraph establishes procedures to be followed and conditions that 
must be met in 2013 with respect to arrangements authorized under 
Section 113(a) of Public Law 112-55, 125 Stat. 552 et seq., the 
Consolidated and Further Continuing Appropriations Act, 2012 (continued 
by Public Law 113-6, 125 Stat. 603, section 110, the Department of 
Commerce Appropriations Act, 2013). These procedures and conditions 
apply to paragraphs (d), (f)(1)(iv), (f)(3), and (f)(4) of this 
section.
    (1) For the purpose of this section, the ``pre-Section 113(a) 
attribution forecast date'' is the date the catch limit established 
under paragraph (a) of this section is forecast by NMFS to be reached 
in the calendar year, assuming that no catches would be attributed to 
the longline fisheries of American Samoa, Guam, or the Commonwealth of 
the Northern Mariana Islands under arrangements authorized under 
Section 113(a) of Public Law 112-55, 125 Stat. 552 et seq., the 
Consolidated and Further Continuing Appropriations Act, 2012 (continued 
by Public Law 113-6, 125 Stat. 603, section 110, the Department of 
Commerce Appropriations Act, 2013). Since forecasts are subject to 
change as new information becomes available, NMFS will use for this 
purpose the first forecast it prepares that indicates that the date of 
the limit being reached is less than 28 days after the date the 
forecast is prepared.
    (2) For the purpose of this section, the ``start date'' for 
attribution of catches to the longline fisheries of American Samoa, 
Guam, or the Commonwealth of the Northern Mariana Islands for a 
particular arrangement is:
    (i) Seven days before the pre-Section 113(a) attribution forecast 
date, for arrangements copies of which are received by NMFS no later 
than the date NMFS determines the pre-Section113(a) attribution 
forecast date; and
    (ii) Seven days before the pre-Section 113(a) attribution forecast 
date or 14 days after the date that NMFS receives a copy of the 
arrangement, whichever is later, for arrangements copies of which are 
received by NMFS after the date NMFS determines the pre-Section 113(a) 
attribution forecast date.
    (3) NMFS will determine whether an arrangement satisfies the 
requirements of Section 113(a) of Public Law 112-55, 125 Stat. 552 et 
seq., the Consolidated and Further Continuing Appropriations Act, 2012 
(continued by Public Law 113-6, 125 Stat. 603, section 110, the 
Department of Commerce Appropriations Act, 2013), for the attribution 
of bigeye tuna to the longline fishery of American Samoa, Guam, or

[[Page 58248]]

the Commonwealth of the Northern Mariana Islands according to the 
following criteria:
    (i) Vessels included under the arrangement must be registered for 
use with valid permits issued under the Fishery Ecosystem Plan for 
Pacific Pelagic Fisheries of the Western Pacific Region;
    (ii) The arrangement must not impose any requirements regarding 
where the vessels included in the arrangement must fish or land their 
catch;
    (iii) The arrangement must be signed by the owners of all the 
vessels included in the arrangement or their designated 
representative(s);
    (iv) The arrangement must be signed by an authorized official of 
American Samoa, Guam, or the Commonwealth of the Northern Mariana 
Islands or his or her designated representative(s); and
    (v) The arrangement must be funded by deposits to the Western 
Pacific Sustainable Fisheries Fund in support of fisheries development 
projects identified in the Marine Conservation Plan of American Samoa, 
Guam, or the Commonwealth of the Northern Mariana Islands adopted 
pursuant to section 204 of the Magnuson-Stevens Fishery Conservation 
and Management Act.
    (4) NMFS will notify the parties to the arrangement or their 
designated representative(s) within 14 days of receiving a copy of the 
arrangement, if the arrangement does not meet the criteria specified in 
paragraph (g)(3) of this section.

[FR Doc. 2013-23106 Filed 9-20-13; 8:45 am]
BILLING CODE 3510-22-P