[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Page 52704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18499]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[RTID 0648-XC196]


Pacific Island Fisheries; 2022 U.S. Territorial Longline Bigeye 
Tuna Catch Limits for American Samoa

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

ACTION: Announcement of a valid specified fishing agreement.

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SUMMARY: NMFS announces a valid specified fishing agreement that 
allocates up to 1,500 metric tons (t) of the 2022 bigeye tuna limit for 
American Samoa to U.S. longline fishing vessels. The agreement supports 
the long-term sustainability of fishery resources of the U.S. Pacific 
Islands, and fisheries development in American Samoa.

DATES: The specified fishing agreement was valid as of July 20, 2022. 
The start date for attributing 2022 bigeye tuna catch to American Samoa 
was August 25, 2022.

ADDRESSES: The Fishery Ecosystem Plan for Pelagic Fisheries of the 
Western Pacific (FEP) describes specified fishing agreements and is 
available from the Western Pacific Fishery Management Council 
(Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or http://www.wpcouncil.org.
    NMFS prepared environmental analyses that describe the potential 
impacts on the human environment that would result from the action. The 
analyses, identified by NOAA-NMFS-2021-0076, are available from https://www.regulations.gov/search/docket?filter=NOAA-NMFS-2021-0076, or from 
Sarah Malloy, Acting Regional Administrator, NMFS Pacific Islands 
Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.

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

SUPPLEMENTARY INFORMATION: In a final rule published on December 29, 
2021, NMFS specified a 2022 limit of 2,000 t of longline-caught bigeye 
tuna for each of the U.S. Pacific Island territories of American Samoa, 
Guam, and the Commonwealth of the Northern Mariana Islands (86 FR 
73990). NMFS allows each territory to allocate up to 1,500 t of the 
2,000 t limit to U.S. longline fishing vessels identified in a valid 
specified fishing agreement, but the overall allocation limit among all 
territories may not exceed 3,000 t.
    On June 24, 2022, NMFS received from the Council, through its 
Executive Director, a specified fishing agreement between American 
Samoa and the Hawaii Longline Association providing an initial 
allocation to U.S. fishing of 1,300 t followed by a subsequent 
allocation, upon notification by HLA to American Samoa at a later date, 
of any unallocated portion of American Samoa's 1,500 mt allocation 
limit to U.S. fishing vessels identified in the agreement for 2022. The 
Council's Executive Director advised that the agreement is consistent 
with the FEP and its implementing regulations. On July 20, 2022, NMFS 
reviewed the agreement and determined that it is consistent with the 
FEP, implementing regulations, the Magnuson-Stevens Fishery 
Conservation and Management Act, and other applicable laws.
    On March 29, 2022, NMFS determined that the U.S. longline fishery 
exceeded the 3,554 t 2021 U.S. bigeye tuna catch limit established in 
regulations at 50 CFR 300.224 by 196 t. Western and Central Pacific 
Fisheries Commission (WCPFC) Conservation and Management Measures (CMM) 
2021-01, Paragraph 37, states that where the limit has been exceeded, 
any overage of the limit shall be deducted from the catch limit for the 
following year. In accordance with U.S. obligations as a WCPFC member, 
NMFS must reduce the 2022 U.S. bigeye tuna limit by the amount of the 
overage of 196 t. NMFS is preparing a separate regulatory package that 
would revise the 2022 U.S. bigeye tuna limit to 3,358 t. Although the 
revised limit is not yet effective, NMFS is basing its decisions for 
attributing bigeye catch under valid specified fishing agreements with 
U.S. participating territories pursuant to 50 CFR 665.819(c)(9)(i) on 
this 3,358 t limit to ensure compliance with CMM 2021-01.
    At the time NMFS determined the American Samoa specified fishing 
agreement was consistent with applicable laws, U.S. longline vessels 
operating 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 (WCPO) still had about 9 percent of 
the 3,358 t U.S. catch limit left, so NMFS waited for a later 
projection to determine the date for attributing catch to the 2022 
American Samoa limit and agreement.
    In accordance with 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), 
vessels in the agreement may retain and land bigeye tuna in the WCPO 
under the American Samoa attribution specified in the fishing 
agreement. Based on logbook data submitted by U.S. longline vessels in 
the WCPFC Convention Area, NMFS forecasts that the U.S. longline 
fishery will reach the U.S. bigeye tuna limit of 3,358 t by September 
1, 2022. Regulations at 50 CFR 665.819(c)(9)(i) direct NMFS to begin 
attributing catch to the applicable U.S. territory starting seven days 
before the date NMFS forecasts the U.S. limit to be reached, or upon 
the effective date of the agreement, whichever is later. Therefore, on 
August 25, 2022, NMFS began attributing bigeye tuna caught by vessels 
in the agreement to American Samoa. If NMFS determines that the fishery 
will reach the overall 2,000 t territorial catch limit or the 1,500 t 
allocation limit, NMFS will restrict the catch and retention of 
longline-caught bigeye tuna by vessels in order to not exceed these 
limits, unless the vessels are included in a subsequent specified 
fishing agreement with another U.S. territory.

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

    Dated: August 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-18499 Filed 8-26-22; 8:45 am]
BILLING CODE 3510-22-P