[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Proposed Rules]
[Pages 26394-26396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11853]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 190325272-9470-01]
RIN 0648-XG925
Pacific Island Pelagic Fisheries; 2019 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 2019 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 June 21, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0028, 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-2019-0028, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Send written comments to Michael D. Tosatto,
Regional
[[Page 26395]]
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 2019 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
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
NMFS specified for U.S. territories in each year since 2014 (for the
most recent example, see 83 FR 53399, October 23, 2018).
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 draft
environmental assessment, 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 on the grounds that NMFS did not
consider under the Deeds of Cession the protection of cultural fishing
in American Samoa. NMFS has appealed this decision, which is pending
before the Ninth Circuit Court of Appeals. NMFS also 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 for 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 2019 limit of 2,000 (t) of
longline-caught bigeye tuna for each U.S. Pacific territory (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 March 2019, 144
vessels had Hawaii permits and 46 had American Samoa permits. There are
no active Western Pacific general longline permitted vessels.
Based on dealer data collected by the State of Hawaii, Hawaii
longline vessels landed approximately 32.75 million pounds 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 2017, American Samoa-based longline vessels landed
approximately 4.8 million pounds of pelagic fish valued at $4.7
million, where albacore made up the largest proportion of pelagic
longline commercial landings at 3.04 million pounds. With 15 active
longline vessels in 2017, the ex-vessel value of pelagic fish caught by
American Samoa fishery averaged about $313,333 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
[[Page 26396]]
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. exclusive economic zone
around Hawaii. In 2018, 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 2019 U.S. bigeye tuna catch limit is 3,554 t, which is the same
limit in place for 2018. NMFS established this limit through a separate
action (83 FR 33851, July 18, 2018). Based on preliminary logbook data,
NMFS expects the fishery to reach this limit by October 20, 2019.
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 2019 U.S. limit and provide more bigeye tuna
for markets in Hawaii. Providing opportunity to land 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 is consistent with
Western and Central Pacific Fishery Commission's (WCPFC) conservation
and management objectives for bigeye tuna in Conservation and
Management Measure 2018-01, and benefits 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: June 3, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-11853 Filed 6-5-19; 8:45 am]
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