[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Rules and Regulations]
[Pages 63841-63843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240730-0208]
RIN 0648-BM87


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Changes to Bigeye Tuna Catch Limits in 
Longline Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 63842]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule; request for comments.

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SUMMARY: NMFS seeks comments on this interim final rule issued under 
authority of the Western and Central Pacific Fisheries Convention 
Implementation Act (WCPFC Implementation Act) that implements a recent 
decision of the Commission for the Conservation and Management of 
Highly Migratory Fish Stocks in the western and central Pacific Ocean 
(WCPFC or Commission) increasing the WCPFC bigeye tuna catch limit for 
U.S. longline fishing vessels from 3,554 metric tons (mt) to 6,554 mt. 
This action is necessary to satisfy the obligations of the United 
States as a member of the Commission.

DATES: This interim final rule is effective on August 6, 2024. Comments 
on the interim final rule must be submitted in writing by September 5, 
2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2024-0085, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA-NMFS-2024-0085 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Sarah Malloy, Deputy 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 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 
https://www.regulations.gov 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).
    Copies of the Regulatory Impact Review and the Supplemental 
Environmental Assessment are available at https://www.regulations.gov 
or may be obtained from Sarah Malloy, Deputy Regional Administrator, 
NMFS PIRO (see address above).

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.

SUPPLEMENTARY INFORMATION:

Background on the Convention

    The objective of the Convention is to ensure, through effective 
management, the long-term conservation and sustainable use of highly 
migratory species (HMS) in the western and central Pacific Ocean 
(WCPO). To accomplish this objective, the Convention established the 
Commission, which includes members, cooperating non-members, and 
participating territories (collectively referred to here as 
``members''). The United States is a member. American Samoa, Guam, and 
the Commonwealth of the Northern Mariana Islands (CNMI) are 
participating territories.
    As a contracting party to the Convention and a member of the 
Commission, the United States implements applicable conservation and 
management measures and other decisions adopted by the Commission. The 
WCPFC Implementation Act (16 U.S.C. 6901 et seq.), authorizes the 
Secretary of Commerce, in consultation with the Secretary of State and 
the Secretary of the Department in which the United States Coast Guard 
is operating (currently the Department of Homeland Security), to 
promulgate such regulations as may be necessary to carry out the 
obligations of the United States under the Convention, including the 
decisions of the Commission. The WCPFC Implementation Act further 
provides that the Secretary of Commerce shall ensure consistency, to 
the extent practicable, of fishery management programs administered 
under the WCPFC Implementation Act and the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), as well as 
other specific laws (see 16 U.S.C. 6905(b)). The Secretary of Commerce 
has delegated the authority to promulgate regulations under the WCPFC 
Implementation Act to NMFS. A map showing the boundaries of the area of 
application of the Convention (Convention Area), which comprises the 
majority of the WCPO, can be found on the WCPFC website at: https://www.wcpfc.int/doc/convention-area-map.

Background on the WCPFC Decision

    This interim final rule would implement specific provisions of 
Conservation and Management Measure (CMM) 2023-01, ``Conservation and 
Management Measure for Bigeye, Yellowfin, and Skipjack Tuna in the 
Western and Central Pacific Ocean.'' The Commission adopted CMM 2023-01 
at its twentieth regular annual session, in December 2023, and it went 
into effect in February 2024. The provisions of CMM 2023-01 are 
described in more detail below.
    CMM 2023-01 is the latest in a series of CMMs devoted to the 
conservation and management of tropical tuna stocks, particularly 
stocks of bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus 
albacares), and skipjack tuna (Katsuwonus pelamis). The stated purpose 
of CMM 2023-01 is to support fisheries for skipjack tuna, bigeye tuna, 
and yellowfin tuna in the Convention Area that benefit WCPFC members 
and their communities, and to do so in a way that is fair to all WCPFC 
members and addresses the special requirements of developing states and 
participating territories. CMM 2023-01's provisions are based on 
specific objectives for each of the three tropical tuna stocks.
    Many of the provisions of CMM 2023-01 have already been implemented 
by NMFS or will be implemented in separate rulemakings. This interim 
final rule implements the numerical change to the longline bigeye tuna 
catch limit for the United States.
    Under NMFS regulations at 50 CFR 300.224(a), the existing longline 
bigeye tuna catch limit for the United States is 3,554 mt per calendar 
year. The limit does not apply to (1) catch landed in the U.S. 
participating territories to the Commission (American Samoa, Guam, or 
CNMI); (2) catch made by vessels with ``dual permits'' (i.e., vessels 
with both Hawai'i Longline Limit Access and American Samoa Limited 
Access permits) outside of the U.S. EEZ surrounding the Hawai'ian 
Archipelago; and (3) catch made by vessels operating under specified 
fishing agreements with the U.S. participating territories under 50 CFR 
665.819(c), which may not exceed 3,000 mt (88 FR 39201, June 15, 2023).
    Table 3 in CMM 2023-01 establishes a 6,554 mt longline bigeye tuna 
catch limit for the United States per calendar year. CMM 2023-01 also 
does not include the language of paragraph 9 of CMM 2021-01, which 
provided for attribution of catch to U.S. participating territories for 
vessels operating under agreements with the U.S. participating 
territories. Thus, the language in CMM 2023-01 no longer authorizes an 
exemption from the limit for catch by vessels operating under specified 
fishing agreements with U.S. participating territories.

[[Page 63843]]

    Under this interim final rule, the limit at 50 CFR 300.224(a) will 
change from 3,554 mt to 6,554 mt. The limit of 6,554 mt will remain 
effective until replaced. No other changes to the regulations at 50 CFR 
300.224 would be made at this time. As noted above, Table 3 of CMM 
2023-01 expressly prohibits attribution of catch of U.S. longline 
vessels operating under agreements to the U.S. participating 
territories. Accordingly, approval of specified fishing agreements 
under 50 CFR 300.224(d) is no longer authorized. NMFS will update the 
regulatory provision at Sec.  300.224(d) as part of a future 
rulemaking.
    Paragraph 38 of CMM 2023-01 continues the provision of requiring 
any overages of limits to be deducted from the following year's limit.
    CMM 2023-01 is in effect until February 15, 2027. However, as has 
been NMFS's practice, the elements of the interim final rule will 
remain in effect until they are replaced or amended, to avoid a lapse 
in the management of the fisheries.

The Action

    The Commission-adopted longline bigeye tuna catch limit for the 
United States for 2024 is 6,554 mt. Thus, NMFS is implementing a 
calendar year catch limit of 6,554 mt that would remain effective until 
replaced.
    The calendar year longline bigeye tuna catch limit will apply to 
U.S-flagged longline vessels operating as part of the U.S. longline 
fisheries. The limit will not apply to catch landed in the U.S. 
territories of American Samoa, CNMI, or Guam or catch made by vessels 
with dual permits outside of the U.S. EEZ surrounding Hawaii.
    Consistent with the basis for the limits prescribed in CMM 2023-01 
and with regulations issued by NMFS to implement bigeye tuna catch 
limits in U.S. longline fisheries as described below, the catch limit 
is measured in terms of retained catches--that is, bigeye tuna that are 
caught by longline gear and retained on board the vessel.
    Existing regulations at 50 CFR 300.224 regarding announcement of a 
fishery closure and prohibitions during a fishery closure will remain 
in place under this proposed action.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this interim final rule is consistent with the WCPFC 
Implementation Act and other applicable laws, subject to further 
consideration after public comment.

Administrative Procedure Act

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and the opportunity for public comment on the interim final rule, 
because prior notice and the opportunity for public comment would be 
contrary to the public interest. NMFS anticipates the currently 
codified 3,554 mt longline bigeye tuna catch limit to be reached 
imminently. If the limit is not revised before it is reached, 
regulations require the fishery to close, which would be contrary to 
the public interest because the fishery would close under a limit that 
is no longer consistent with applicable law (CMM 2023-01). Prior notice 
and comment is also unnecessary because stakeholders and industry 
groups were involved with the development of this action as active 
participants in WCPFC negotiations leading to the adoption of CMM 2023-
01. Nevertheless, NMFS will consider and respond to public comments 
received on the interim final rule and will accordingly make any 
appropriate revisions.
    Consistent with 5 U.S.C. 553(d)(1), this interim final rule will 
become effective immediately upon publication because it is a 
substantive rule which relieves a regulatory restriction (i.e., 
modifies the bigeye tuna catch limit from 3,554 mt to 6,554 mt).

Coastal Zone Management Act (CZMA)

    NMFS determined that this action is consistent to the maximum 
extent practicable with the enforceable policies of the approved 
coastal management program of American Samoa, the CNMI, Guam, and the 
State of Hawai'i. Determinations to Hawai'i and each of the territories 
were submitted on June 6, 2024, for review by the responsible State and 
territorial agencies under section 307 of the CZMA.

Executive Order 12866

    This interim final rule has been determined to be not significant 
for purposes of Executive Order 12866.

Regulatory Flexibility Act

    Because prior notice and opportunity for public comment are not 
required for the interim final rule by 5 U.S.C. 553, or any other law, 
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 
601 et seq., are inapplicable. As stated above, there is good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment on the interim final rule, because prior notice and the 
opportunity for public comment would be contrary to the public 
interest. Therefore, no regulatory flexibility analysis was required 
and none has been prepared.

Paperwork Reduction Act

    This interim final rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: July 30, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
300, subpart O, as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species


0
1. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

    Authority: 16 U.S.C. 6901 et seq.

0
2. In Sec.  300.224, revise paragraph (a)(1) to read as follows:


Sec.  300.224  Longline fishing restrictions.

* * * * *
    (a) * * *
    (1) There is a limit of 6,554 metric tons of bigeye tuna per 
calendar year that may be captured in the Convention Area by longline 
gear and retained on board by fishing vessels of the United States.
* * * * *
[FR Doc. 2024-17295 Filed 8-5-24; 8:45 am]
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