[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39201-39202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12711]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 230607-0144; 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: Final specifications.

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SUMMARY: NMFS specifies 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), the territories). NMFS will allow each territory to allocate up 
to 1,500 t in 2023 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

[[Page 39202]]

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 June 15, 2023, through 
December 31, 2023. The deadline to submit a specified fishing agreement 
pursuant to 50 CFR 665.819(b)(3) for review is December 12, 2023.

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 and are 
available at https://www.regulations.gov/docket/NOAA-NMFS-2022-0117.

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

SUPPLEMENTARY INFORMATION: NMFS is specifying a 2023 catch limit of 
2,000 t of longline-caught bigeye tuna for each U.S. Pacific territory. 
NMFS is also authorizing each 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 March 29, 2023 
(88 FR 18509). Regardless of the final specifications, all other 
existing management measures will continue to apply in the longline 
fishery.

Comments and Responses

    On March 29, 2023, NMFS published the proposed specifications and 
request for public comments (88 FR 18509); the comment period closed on 
April 28, 2023. NMFS received one anonymous comment supporting the 
specifications, suggesting an incentive program to reduce bigeye catch, 
and expressing concerns with overfishing of bigeye (and salmon and 
yellowtail), ecosystem impacts, and bycatch of juvenile tuna.
    Response: There are two stocks of Pacific bigeye tuna: the Western 
and Central Pacific stock and the Eastern Pacific stock. According to 
the most recent stock assessments, neither stock is overfished or 
subject to overfishing. The fishery does not target or catch salmon or 
yellowtail and would therefore not influence stock status for these 
species. In developing the territorial bigeye tuna catch and allocation 
limits, NMFS and the Council considered a range of catch and allocation 
limits, taking into consideration sustainability of the stock, 
decisions of regional fishery management organizations, protected 
species bycatch, and the needs of Pacific Island fishing communities.
    An incentive program to reduce bigeye tuna catch was not one of the 
alternatives considered. Consistent with the FEP and the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
the catch and allocation limits in this action authorize an optimum 
level of fishing intended to both prevent overfishing and allow 
sustainable fishing that supplies local demand and supports the local 
economy, while supporting fisheries development in the U.S. 
territories. A program in which fishery participants are incentivized 
to fish below this optimum level would not meet these goals. Thus, an 
incentive program was not considered for this action.
    NMFS monitors bycatch each fishing season. Bycatch of juvenile 
bigeye tuna is not a major concern, as longline fishing gear targets 
larger fish and juvenile bigeye are often not captured. When juvenile 
fish are caught they are usually returned alive. The 2023 allocation 
limits allow for the sustainability of the bigeye tuna stock and are 
consistent with the FEP, the Magnuson-Stevens Act, and other applicable 
laws.

Changes From the Proposed Specifications

    No changes were made to the proposed specifications.

Classification

    Pursuant to section 304(b)(3) of the 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 measures in this rule 
relieve a restriction, it is exempt from the otherwise-applicable 
requirement of a 30-day delay in the date of effectiveness, pursuant to 
5 U.S.C. 553(d)(1). Consistent with Conservation and Management Measure 
2021-01 adopted by the WCPFC at its December 2021 meeting, the bigeye 
tuna catch limit for U.S. longline fisheries in the western and central 
Pacific in 2023 is 3,554 t. This limit is implemented by separate 
rulemaking and codified at 50 CFR 300.224(a)). When NMFS projects the 
limit will be reached, NMFS must close the fishery for bigeye tuna in 
the WCPO. This rule allows U.S. vessels identified in a valid specified 
fishing agreement to continue fishing in the WCPO subject to the 
territorial limits even after NMFS closes the U.S. longline fishery for 
bigeye tuna.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed specifications 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 
specifications, 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: June 9, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-12711 Filed 6-14-23; 8:45 am]
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