[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39037-39039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16883]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 180208146-8690-01]
RIN 0648-XG025


Pacific Island Pelagic Fisheries; 2018 U.S. Territorial Longline 
Bigeye Tuna Catch Limits

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

ACTION: Proposed specifications; request for comments.

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SUMMARY: NMFS proposes a 2018 limit of 2,000 metric tons (t) of 
longline-caught bigeye tuna for each U.S. Pacific territory (American 
Samoa, Guam, and the Commonwealth of the Northern Mariana Islands 
(CNMI)). NMFS would allow each territory to allocate up to 1,000 t each 
year to U.S. longline fishing vessels in a specified fishing agreement 
that meets established criteria. As an accountability measure, NMFS 
would monitor, attribute, and restrict (if necessary) catches of 
longline-caught bigeye tuna, including catches made under a specified 
fishing agreement. The proposed catch limits and accountability 
measures would support the long-term sustainability of fishery 
resources of the U.S. Pacific Islands.

DATES: NMFS must receive comments by August 23, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0026, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0026, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Rebecca Walker, NMFS PIRO Sustainable 
Fisheries, 808-725-5184.

SUPPLEMENTARY INFORMATION: NMFS proposes to specify a 2018 catch limit 
of 2,000 t of longline-caught bigeye tuna for each U.S. Pacific 
territory. NMFS would also authorize each U.S. Pacific territory to 
allocate up to 1,000 t of its 2,000 t bigeye tuna limit to U.S. 
longline fishing vessels that are permitted to fish under the Fishery 
Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP). 
Those vessels must be identified in a specified fishing agreement with

[[Page 39038]]

the applicable territory. The Western Pacific Fishery Management 
Council recommended these specifications. The proposed catch and 
allocation limits and accountability measures are identical to those 
specified for U.S. territories in each year since 2014 (for the most 
recent example, see 82 FR 47642, October 13, 2017).
    NMFS will monitor catches of longline-caught bigeye tuna by the 
longline fisheries of each U.S Pacific territory, including catches 
made by U.S. longline vessels operating under specified fishing 
agreements. The criteria that a specified fishing agreement must meet, 
and the process for attributing longline-caught bigeye tuna, will 
follow the procedures in 50 CFR 665.819. When NMFS projects that a 
territorial catch or allocation limit will be reached, NMFS would, as 
an accountability measure, prohibit the catch and retention of 
longline-caught bigeye tuna by vessels in the applicable territory (if 
the territorial catch limit is projected to be reached), and/or vessels 
in a specified fishing agreement (if the allocation limit is projected 
to be reached).
    NMFS will consider public comments on the proposed action and will 
announce the final specifications in the Federal Register. On March 20, 
2017, in Territory of American Samoa v. NMFS, et al. (16-cv-95, D. 
Haw), a federal judge set aside a NMFS rule that amended the American 
Samoa Large Vessel Prohibited Area (LVPA) for eligible longliners 
because it did not consider under the Deeds of Cession the protection 
of cultural fishing in American Samoa. NMFS is appealing this decision. 
However, NMFS invites public comments that address the impact of this 
proposed rule on cultural fishing in American Samoa. NMFS must receive 
any comments on this rule by the date provided in the DATES heading. 
NMFS may not consider any comments not postmarked or otherwise 
transmitted by that date. Regardless of the final specifications, all 
other existing management measures will continue to apply in the 
longline fishery.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator for Fisheries has determined that this proposed 
specification is consistent with the FEP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that these proposed specifications, if adopted, would 
not have a significant economic impact on a substantial number of small 
entities.
    The proposed action would specify a 2018 limit of 2,000 t of 
longline-caught bigeye tuna for American Samoa, Guam, and the CNMI. 
NMFS would also allow each territory to allocate up to 1,000 t of its 
2,000 t limit to U.S. longline fishing vessels in a specified fishing 
agreement that meets established criteria set forth in 50 CFR 665.819. 
As an accountability measure, NMFS would monitor, attribute, and 
restrict (if necessary) catches of longline-caught bigeye tuna by 
vessels in the applicable U.S. territory (if the territorial catch 
limit is projected to be reached), or by vessels operating under the 
applicable specified fishing agreement (if the allocation limit is 
projected to be reached). Payments under the specified fishing 
agreements support fisheries development in the U.S. Pacific 
territories and the long-term sustainability of fishery resources of 
the U.S. Pacific Islands.
    This proposed action would directly apply to longline vessels 
federally permitted under the FEP, specifically Hawaii, American Samoa, 
and Western Pacific longline permit holders. As of May 2018, 145 
vessels had Hawaii permits and 47 had American Samoa permits. No 
Western Pacific general permit has been issued since 2011.
    Based on dealer data collected by the State of Hawaii, Hawaii 
longline vessels landed approximately 32.75 million pounds (lb) of 
pelagic fish valued at $101.6 million in 2017. With 145 vessels making 
either a deep- or shallow-set trip in 2017, the ex-vessel value of 
pelagic fish caught by Hawaii-based longline fisheries averaged almost 
$701,000 per vessel. In 2016, American Samoa-based longline vessels 
landed approximately 4.5 million lb of pelagic fish valued at $4.7 
million, where albacore made up the largest proportion of pelagic 
longline commercial landings at 3.35 million lb. With 18 active 
longline vessels in 2016, the ex-vessel value of pelagic fish caught by 
American Samoa fishery averaged about $261,111 per vessel.
    NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 CFR 200.2). A business primarily engaged in commercial 
fishing (NAICS code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. Based on available information, NMFS has determined that all 
vessels permitted federally under the FEP are small entities, i.e., 
they are engaged in the business of fish harvesting (NAICS 114111), are 
independently owned or operated, are not dominant in their field of 
operation, and have annual gross receipts not in excess of $11 million. 
Even though this proposed action would apply to a substantial number of 
vessels, the implementation of this action would not result in 
significant adverse economic impact to individual vessels. The proposed 
action would potentially benefit the Hawaii longline fishermen by 
allowing them to fish under specified fishing agreements with a 
territory, which could extend fishing effort for bigeye tuna in the 
western Pacific and provide more bigeye tuna for markets in Hawaii and 
elsewhere.
    In accordance with Federal regulations at 50 CFR part 300, subpart 
O, vessels that possess both an American Samoa and Hawaii longline 
permit are not subject to the U.S bigeye tuna limit. Therefore, these 
vessels may retain bigeye tuna and land fish in Hawaii after the date 
NMFS projects the fishery would reach that limit. Further, catches of 
bigeye tuna made by such vessels are attributed to American Samoa, 
provided the fish was not caught in the U.S. EEZ around Hawaii. In 
2017, all dual American Samoa/Hawaii longline permitted vessels were 
included in the fishing agreement with the CNMI and American Samoa. 
Therefore, NMFS attributed bigeye catches by those vessels to the two 
territories.
    The 2018 U.S. bigeye tuna catch limit is 3,554 t, which is the same 
limit in place for 2016 and higher than the limit for 2017. NMFS 
established this limit through a separate action (83 FR 33851, July 17, 
2018). Based on preliminary logbook data, NMFS expects the fishery to 
reach this limit by mid-October 2018.
    Through this action, Hawaii-based longline vessels could 
potentially enter into one or more fishing agreements with 
participating territories. This would enhance the ability of these 
vessels to extend fishing effort in the western and central Pacific 
Ocean after reaching the 2018 U.S. limit and provide more bigeye tuna 
for markets in Hawaii. Providing opportunity to land

[[Page 39039]]

bigeye tuna in Hawaii in the last quarter of the year when market 
demand is high will result in positive economic benefits for fishery 
participants and net benefits to the nation. Allowing participating 
territories to enter into specified fishing agreements under this 
action provides benefits to the territories by providing funds for 
territorial fisheries development projects. Establishing a 2,000 t 
longline limit for bigeye tuna where territories are not subject to 
Western and Central Pacific Fisheries Commission longline limits is not 
expected to adversely affect vessels based in the territories.
    Historical catch of bigeye tuna by the American Samoa longline 
fleet has been less than 2,000 t, even including the catch of vessels 
based in American Samoa, catch by dual permitted vessels that land 
their catch in Hawaii, and catch attributed to American Samoa from U.S. 
vessels under specified fishing agreements. With regard to Guam and the 
CNMI, no longline fishing has occurred since 2011.
    Under the proposed action, longline fisheries managed under the FEP 
are not expected to expand substantially nor change the manner in which 
they are currently conducted, (i.e., area fished, number of vessels 
longline fishing, number of trips taken per year, number of hooks set 
per vessel during a trip, depth of hooks, or deployment techniques in 
setting longline gear), due to existing operational constraints in the 
fleet, the limited entry permit programs, and protected species 
mitigation requirements. The proposed rule does not duplicate, overlap, 
or conflict with other Federal rules and is not expected to have 
significant impact on small organizations or government jurisdictions. 
Furthermore, there would be little, if any, disproportionate adverse 
economic impacts from the proposed rule based on gear type, or relative 
vessel size. The proposed rule also will not place a substantial number 
of small entities, or any segment of small entities, at a significant 
competitive disadvantage to large entities.
    For the reasons above, NMFS does not expect the proposed action to 
have a significant economic impact on a substantial number of small 
entities. As such, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This action is exempt from review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 2, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-16883 Filed 8-7-18; 8:45 am]
 BILLING CODE 3510-22-P