[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Rules and Regulations]
[Pages 2297-2298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 210106-0003]
RTID 0648-XP014


Pacific Island Pelagic Fisheries; 2021 U.S. Territorial Longline 
Bigeye Tuna Catch Limits

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

ACTION: Final specifications.

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SUMMARY: NMFS specifies a 2021 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), the territories). NMFS will allow each territory to allocate up 
to 1,500 t in 2021 to U.S. longline fishing vessels through specified 
fishing agreements that meet established criteria. The overall 
allocation limit among all territories, however, may not exceed 3,000 
t. As an accountability measure, NMFS will monitor, attribute, and 
restrict (if necessary) catches of longline-caught bigeye tuna, 
including catches made under a specified fishing agreement. These catch 
limits and accountability measures support the long-term sustainability 
of fishery resources of the U.S. Pacific Islands.

DATES: The final specifications are effective January 12, 2021, through 
December 31, 2021. The deadline to submit a specified fishing agreement 
pursuant to 50 CFR 665.819(b)(3) for review is July 12, 2021.

ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries 
of the Western Pacific (FEP) are available from the Western Pacific 
Fishery Management Council (Council), 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel 808-522-8220, or www.wpcouncil.org.
    Pursuant to the National Environmental Policy Act, the Council and 
NMFS prepared environmental analyses that support this action, 
available from http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-
2020-0010.

FOR FURTHER INFORMATION CONTACT: Lynn Rassel, NMFS PIRO Sustainable 
Fisheries, 808-725-5184.

SUPPLEMENTARY INFORMATION: NMFS is specifying a 2021 catch limit of 
2,000 t of longline-caught bigeye tuna for each U.S. Pacific territory. 
NMFS is also authorizing each U.S. Pacific territory to allocate up to 
1,500 t of its 2,000 t bigeye tuna limit, not to exceed a 3,000 t total 
annual allocation limit among all the territories, to U.S. longline 
fishing vessels permitted to fish under the FEP. A specified fishing 
agreement with the applicable territory must identify those vessels.
    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 the 
fishery will reach a territorial catch or allocation limit, NMFS will, 
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).
    You may find additional background information on this action in 
the preamble to the proposed specifications published on November 9, 
2020 (85 FR 71300). Regardless of the final specifications, all other 
existing management measures will continue to apply in the longline 
fishery.

Comments and Responses

    On November 9, 2020, NMFS published the proposed specifications and 
request for public comments (85 FR 71300); the comment period closed on 
November 24, 2020. NMFS received comments on the proposed 
specifications from one person. NMFS considered these comments in 
making its decision on this action, and responds below. We made no 
changes to the final specifications.
    NMFS specifically invited public comments on the effect of the 
proposed action on cultural fishing in American Samoa; we received no 
relevant comments on this issue.
    Comment 1: Catch limits should be reduced because the styrofoam and 
plastic, with chemicals in them, used in longline fishing gear pose 
controversial implications for ecosystems, fish, and the food chain. 
Mitigation efforts should be made to protect consumers from harmful 
chemicals.
    Response: NMFS has no information that longline fishing, including 
the gear used, results in significant adverse impacts to the marine 
habitat or food chain. Federal laws and regulations strictly regulate 
the disposal of waste in ocean waters. NMFS also notes that fisheries 
observers collect information on the frequency, location and 
composition of marine debris. During 2008-2016, NMFS observers on 
Hawaii vessels reported 1,326 marine debris items intercepted by 
longlines. While derelict fishing gear made up most of the debris, most 
(52 percent) was netting, and ropes and other types of lines (27 
percent). Floats and monofilament fishing line used in longline fishing 
made up less than 9 percent of the debris. When longline fishermen snag 
marine debris in their gear, they typically bring it on board and 
disposed of in port. This prevents future entanglement with sea life 
and entry into the food chain.
    Comment 2: Longline gear poses a threat to seabirds, most notably 
endangered albatross, that dive for baited lines and are hooked or 
entangled and drowned.

[[Page 2298]]

    Responses: The short-tailed albatross (Phoebastria albatrus) is the 
only endangered albatross in the fishing area. None has ever been 
observed or reported interacting with Hawaii longline fisheries. The 
current biological opinion prepared under Section 7 of the Endangered 
Species Act concluded that Hawaii longline fisheries are not likely to 
jeopardize the continued existence of short-tailed albatross.
    NMFS acknowledges that seabirds are sometimes hooked and entangled 
in longline gear, and we have implemented measures that significantly 
reduce seabird bycatch. Current mitigation methods include, but are not 
limited to, bird-scaring curtains, weights to quickly sink hooks below 
birds' reach, dying bait blue so it is less visible to birds, safe 
seabird handling techniques, and strategically discharging spent bait 
and fish offal to distract birds from lines and hooks. These mitigation 
methods are 70-90 percent effective at reducing seabird bycatch. 
Nonetheless, NMFS has noticed an increasing trend in seabird 
interaction rates and is currently developing and testing new 
mitigation methods, including the potential use of tori lines, to 
further protect seabirds.
    Comment 3: While NMFS considered economic impacts on smaller 
fisheries, the effects of catch limits on ``small entities'' such as 
minority, ethnic, and/or native populations and the biodiversity of 
affected fishing territories were not explicitly considered.
    Responses: Although these populations were not specifically 
addressed in the Regulatory Flexibility Act analysis of the effect of 
this rule on small entities, they were considered in the environmental 
assessment (EA) and supplemental environmental assessment (SEA) under 
Executive Order 12898 (E.O. 12898), ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations.'' As described in the EA and SEA, NMFS does not expect the 
proposed action to have large effects to the environment that would 
result in a disproportionately large and adverse effect on minority or 
low-income populations including with respect to the availability of 
fish, other environmental effects, or health effects.
    Comment 4: Longline bigeye tuna catch limits should be increased 
from previous years to address observed impacts of overfishing such as 
fewer fish and smaller fish, shorter fishing seasons, bizarre 
developments in their seasonal appearance and dispersal, and fewer 
overall species seen.
    Response: In August 2020, the Western and Central Pacific Fisheries 
Commission (WCPFC) completed the most recent assessment of the western 
and central Pacific Ocean (WCPO) bigeye tuna stock. The assessment 
showed that the stock remains healthy, is not subject to overfishing 
and is not overfished. NMFS is satisfied that the catch limits are 
consistent with the conservation and management needs of bigeye tuna in 
the WCPO, and that this action would not result in a change in stock 
status.
    Comment 5: Mitigation efforts should be made to ensure the 
sustainability of fishing practices and to protect marine species.
    Response: See responses to comments 1, 2, and 4 regarding efforts 
to reduce marine debris, protect seabirds, and the scientific 
information NMFS considers when establishing catch limits. In 
accordance with the Endangered Species Act and Marine Mammal Protection 
Act, fisheries are managed under a suite of requirements designed to 
reduce the likelihood and severity of effects of unintentional and 
incidental interactions with protected species, and that allow 
monitoring of interactions. NMFS continually evaluates monitoring and 
scientific information to determine whether they change our 
understanding of the potential effects of our management decisions and 
prepares supplemental environmental analyses, as appropriate.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens Act, 
and other applicable laws.
    The AA has also determined that because this rule relieves a 
restriction, it is exempt from the otherwise-applicable requirement of 
a 30-day delayed effectiveness provision, pursuant to 5 U.S.C. 
553(d)(1). This rule allows U.S. vessels identified in a valid 
specified fishing agreement to continue fishing in the WCPO even if 
NMFS closes the longline fishery for bigeye tuna. Consistent with 
Conservation and Management Measure 2018-01 adopted by the WCPFC at its 
December 2018 meeting, the bigeye tuna catch limit for U.S. longline 
fisheries in the western and central Pacific in 2021 is 3,554 t. When 
NMFS projects the limit will be reached, NMFS must close the fishery 
for bigeye tuna in the WCPO. Regulations at 50 CFR 665.819 require NMFS 
to begin attributing longline caught bigeye tuna to the U.S. territory 
to which a fishing agreement applies seven days before the date NMFS 
projects the fishery will reach the WCPO limit, or upon the effective 
date of the agreement, whichever is later.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration at the proposed rule stage that this action would not 
have a significant economic impact on a substantial number of small 
entities. NMFS published the factual basis for the certification in the 
proposed rule, and we do not repeat it here. NMFS received no comments 
relevant to this certification; as a result, a final regulatory 
flexibility analysis is not required, and none has been prepared.
    This action is exempt from review under Executive Order 12866.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: January 6, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-00391 Filed 1-11-21; 8:45 am]
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