[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74991-74992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26613]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[RTID 0648-XC197]


Pacific Island Fisheries; 2022 U.S. Territorial Longline Bigeye 
Tuna Catch Limits for the Commonwealth of the Northern Mariana Islands

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 
the Commonwealth of the Northern Mariana Islands (CNMI) 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 the CNMI.

DATES: The specified fishing agreement was valid as of July 21, 2022. 
The start date for attributing 2022 bigeye tuna catch to the CNMI is 
November 21, 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, telephone: 
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

[[Page 74992]]

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: Keith Kamikawa, NMFS PIR Office of 
Sustainable Fisheries, 808-725-5177.

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 March 29, 2022, NMFS determined that the U.S. longline fishery 
exceeded by 196 t the 3,554 t 2021 U.S. bigeye tuna catch limit 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) as established in regulations at 50 CFR 300.224. 
Western and Central Pacific Fisheries Commission (WCPFC) Conservation 
and Management Measure (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 has prepared a 
separate regulatory package that would revise the 2022 U.S. bigeye tuna 
limit to 3,358 t (87 FR 55768, September 12, 2022). 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.
    On June 24, 2022, the Western Pacific Fishery Management Council 
(Council), through its Executive Director, sent NMFS a specified 
fishing agreement between American Samoa and Hawaii Longline 
Association (HLA), dated May 12, 2021. Later that same day, the Council 
sent NMFS a specified fishing agreement between the CNMI and HLA, dated 
May 7, 2021. These agreements each include an allocation of 1,500 t of 
bigeye tuna catch to U.S. vessels identified in the agreements for both 
2021 and 2022. The 2022 agreement between American Samoa and HLA 
includes an amendment that provides an initial allocation 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 t allocation limit. On July 20, 2022 and July 21, 2022, 
respectively, NMFS reviewed the American Samoa-HLA agreement and the 
CNMI-HLA agreement and determined that they are consistent with 50 CFR 
665.819(c), the Fishery Ecosystem Plan for Pelagic Fisheries of the 
Western Pacific, the Magnuson-Stevens Fishery Conservation and 
Management Act, implementing regulations, and other applicable laws.
    Pursuant to regulations at 50 CFR 665.819(c)(9)(i), NMFS began 
attributing bigeye tuna catches to American Samoa and the American 
Samoa-HLA agreement on August 25, 2022, 7 days before we projected the 
annual U.S. WCPO limit would be reached (87 FR 52704, August 29, 2022). 
We attributed catch first to the American Samoa limit and agreement 
because that agreement was received first from the Council for the year 
2022.
    Based on logbook data, we now forecast that the fishery will reach 
the American Samoa 1,300 t initial limit by November 28, 2022. In 
accordance with regulations at 50 CFR 665.819(c)(9)(ii), NMFS will 
begin attributing 2022 bigeye tuna catch to the CNMI and the CNMI-HLA 
agreement on November 21, 2022, 7 days prior to November 28, 2022.
    If NMFS determines the fishery will reach the 1,500 t allocation 
limit for the CNMI-HLA agreement, we would restrict retention of bigeye 
tuna caught by vessels identified in the CNMI agreement. If at that 
time, HLA and American Samoa seek to resume attribution to American 
Samoa for up to the total of 1,500 t under their agreement, NMFS will 
determine if American Samoa's overall 2022 2,000 t limit can still 
accommodate any or all of that amount.

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

    Dated: December 2, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-26613 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-22-P