[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18509-18511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06448]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No.230323-0083; RTID 0648-XC461]


Pacific Island Pelagic Fisheries; 2023 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 2023 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), collectively ``the territories''). NMFS would allow each 
territory to allocate up to 1,500 t to U.S. longline fishing vessels 
through specified fishing agreements that meet established criteria. 
However, the overall allocation limit among all territories may not 
exceed 3,000 t. 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 April 28, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0117, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0117 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Send written comments to Sarah Malloy, Acting 
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 
www.regulations.gov

[[Page 18510]]

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).
    Pursuant to the National Environmental Policy Act, the Western 
Pacific Fishery Management Council (Council) and NMFS prepared a 2019 
environmental assessment (EA), a 2020 supplemental environmental 
assessment (SEA), and 2020, 2021, and 2022 supplemental information 
reports (SIR) that support this proposed action. The EA, SEA, and SIRs 
are available at https://www.regulations.gov, or from the Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813, telephone: 808-522-8220, 
fax: 808-522-8226, https://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS PIRO Sustainable 
Fisheries, 808-725-5177.

SUPPLEMENTARY INFORMATION: NMFS proposes to specify a 2023 catch 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 
authorize 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 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 Council recommended these specifications. The proposed 
catch limits and accountability measures are identical to those that 
NMFS has specified for U.S. Pacific territories in each year since 
2014. The proposed individual territorial allocation limit of 1,500 t 
is identical to what NMFS specified for 2020, 2021, and 2022. The 
overall allocation limit among all of the territories may not exceed 
3,000 t for the year, which is consistent with previous years. NMFS has 
determined that the existing EA and SEA adequately address the 
potential impacts on the human environment by the proposed action, and 
that no additional analyses are required.
    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 U.S. Pacific 
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 this proposed action and will 
announce the final specifications in the Federal Register. NMFS also 
invites public comments that address the impact of this proposed 
action, if any, on cultural fishing in American Samoa.
    NMFS must receive any comments on this proposed action by the date 
provided in the DATES heading. NMFS will 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 has determined that this proposed specification 
is consistent with the FEP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, 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 2023 limit of 2,000 metric tons 
(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 1,500 t of its 2,000 t limit, not to exceed 
an overall allocation limit of 3,000 t, 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 apply directly to longline vessels that 
hold Federal permits under the FEP, specifically Hawaii, American 
Samoa, and Western Pacific General permits. In 2021, of the 164 
allowable Hawaii permits, 146 were assigned to vessels active in the 
fishery; 24 of those vessels were dual-permitted with both Hawaii and 
American Samoa permits. Forty-four (44) vessels had American Samoa 
longline permits, with 11 active in the fishery and landing catch in 
American Samoa. There are no active vessels with Western Pacific 
General permits.
    Based on dealer data collected by the State of Hawaii and the 
Western Pacific Fisheries Information Network, Hawaii longline vessels 
landed approximately 14,061 t of pelagic fish valued at $124.4 million 
in 2021. With 146 vessels making either a deep- or shallow-set trip in 
2021, the ex-vessel value of pelagic fish caught by Hawaii-based 
longline fisheries averaged almost $852,055 per vessel. In 2021, 
American Samoa-based longline vessels pelagic fish landings were valued 
at $2.5 million; albacore made up the largest proportion of pelagic 
longline commercial landings. With 11 active longline vessels in 2021, 
the ex-vessel value of pelagic fish caught by the American Samoa 
fishery averaged almost $227,273 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 Pelagic 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

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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. Exclusive Economic Zone 
around Hawaii.
    The 2023 U.S. bigeye tuna catch limit in the western and central 
Pacific Ocean (WCPO) will be 3,554 t, which is subject to correction 
for any overage in 2022 as that fishing data becomes available. In 
2022, NMFS received two specified fishing agreements, the first between 
American Samoa and the Hawaii Longline Association (HLA) and the second 
between the CNMI and HLA. Each agreement included an allocation of 
1,500 t of bigeye tuna to vessels identified in the agreements. NMFS 
began allocating catches to American Samoa on August 25, 2022, prior to 
the U.S. fishery reaching the WCPO bigeye tuna catch limit. Based on 
logbooks submitted by longline vessels, NMFS forecasted the American 
Samoa allocation would be reached by November 28, 2022. In accordance 
with regulations at 50 CFR 665.819(c)(9)(ii), NMFS began attributing 
2022 catch to the CNMI and the CNMI-HLA agreement on November 21, 2022, 
which is 7 days prior to November 28, 2022. These combined measures, 
including the remaining available U.S limit and specified fishing 
agreements, enabled the U.S. fishery to fish through the end of 2022.
    In 2023, as with prior years, under this proposed action Hawaii 
longline vessels could enter into one or more fishing agreements with 
participating territories. This would enhance the ability of these 
vessels to extend fishing effort in the WCPO after reaching the 2023 
U.S. limit and provide more bigeye tuna for markets in Hawaii. 
Providing the opportunity to land bigeye tuna in Hawaii in the last 
quarter of the year when market demand is generally 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 the Western and 
Central Pacific Fisheries Commission (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 
WCPFC longline limits, is not expected to adversely affect vessels 
based in the territories.
    Historical catches of bigeye tuna by the American Samoa longline 
fleet have been less than 2,000 t, including the catch by vessels based 
in American Samoa, catch by dual American Samoa/Hawaii permitted 
vessels that land their catch in Hawaii, and catch attributed to 
American Samoa from U.S. vessels under specified fishing agreements. 
Longline fishing has not occurred since 2011 in Guam or the CNMI.
    Under the proposed action, longline fisheries managed under the FEP 
are not expected to expand substantially and are not expected to change 
the manner in which they are currently conducted (i.e., area fished, 
number of vessels and trips, number and depth of hooks, or deployment 
techniques).
    The proposed action does not duplicate, overlap, or conflict with 
other Federal rules and is not expected to have significant impact on 
small organizations or government jurisdictions. There would be little, 
if any, disproportionate adverse economic impacts from the proposed 
action based on gear type or relative vessel size. The proposed action 
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 Executive Order 12866.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: March 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-06448 Filed 3-28-23; 8:45 am]
BILLING CODE 3510-22-P