80_FR_51691 80 FR 51527 - Pacific Island Pelagic Fisheries; Exemption for Large U.S. Longline Vessels To Fish in Portions of the American Samoa Large Vessel Prohibited Area

80 FR 51527 - Pacific Island Pelagic Fisheries; Exemption for Large U.S. Longline Vessels To Fish in Portions of the American Samoa Large Vessel Prohibited Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 164 (August 25, 2015)

Page Range51527-51530
FR Document2015-20962

NMFS proposes to allow large federally permitted U.S. longline vessels to fish in certain areas of the Large Vessel Prohibited Area (LVPA) around Swains Island, Tutuila, and the Manua Islands. NMFS would continue to prohibit fishing in the LVPA by large purse seine vessels. The fishing requirements for the Rose Atoll Marine National Monument would remain unchanged. The intent of the proposed rule is to improve the viability of the American Samoa longline fishery and achieve optimum yield from the fishery while preventing overfishing, in accordance with National Standard 1.

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51527-51530]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20962]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 150625552-5710-01]
RIN 0648-BF22


Pacific Island Pelagic Fisheries; Exemption for Large U.S. 
Longline Vessels To Fish in Portions of the American Samoa Large Vessel 
Prohibited Area

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to allow large federally permitted U.S. longline 
vessels to fish in certain areas of the Large Vessel Prohibited Area 
(LVPA) around Swains Island, Tutuila, and the Manua Islands. NMFS would 
continue to prohibit fishing in the LVPA by large purse seine vessels. 
The fishing requirements for the Rose Atoll Marine National Monument 
would remain unchanged. The intent of the proposed rule is to improve 
the viability of the American Samoa longline fishery and achieve 
optimum yield from the fishery while preventing overfishing, in 
accordance with National Standard 1.

DATES: NMFS must receive comments by September 24, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0080, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0080, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Send written comments to Michael D. Tosatto, 
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 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.
    The Western Pacific Fishery Management Council (Council) and NMFS 
prepared an environmental analysis that describes the potential impacts 
on the human environment that could result from the proposed rule. The 
environmental analysis and other supporting documents are available at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable 
Fisheries, 808-725-5176.

SUPPLEMENTARY INFORMATION: In 2002, the Council recommended 
establishing, and NMFS implemented, the LVPA around Swain's, Tutuila, 
and the Manua Islands, and Rose Atoll. At the time, the Council and 
NMFS established the LVPA to prevent the potential for gear conflicts 
and catch competition between large and small fishing vessels. Such 
conflicts and competition could have led to reduced opportunities for 
sustained participation in the small-scale pelagic fisheries. The LVPA, 
which extends seaward approximately

[[Page 51528]]

30-50 nm offshore from the islands, restricts vessels 50 ft and longer 
from fishing for pelagic management unit species. You may read more 
about the establishment of the LVPA in the 2001 proposed rule (66 FR 
39475, July 31, 2001) and 2002 final rule (67 FR 4369, January 30, 
2002).
    The American Samoa pelagic fisheries have changed since 2002, and 
the conditions that led the Council and NMFS to establish the LVPA are 
no longer present. Only a few small longline vessels (just one active 
in 2014) have been operating on a regular basis, and the large vessels 
(19 active in 2014) have faced declining catch per unit of effort 
(CPUE), increased costs, and greatly reduced revenues. The LVPA may be 
unnecessarily reducing the efficiency of the larger American Samoa 
longline vessels by displacing the fleet from a part of their 
historical fishing grounds.
    To address fishery conditions resulting from the LVPA, the Council 
recommended that NMFS allow federally-permitted U.S. longline vessels 
50 ft and longer to fish in portions of the LVPA. Specifically, the 
proposed action would allow large U.S. vessels that hold a Federal 
American Samoa longline limited entry permit to fish within the LVPA 
seaward of 12 nm around Swains Island, Tutuila, and the Manua Islands 
(see Fig. 1). NMFS would continue to prohibit fishing in the LVPA by 
large purse seine vessels. The fishing requirements for the Rose Atoll 
Marine National Monument would also remain unchanged.
[GRAPHIC] [TIFF OMITTED] TP25AU15.002


[[Page 51529]]


    The proposed action would allow fishing in an additional 16,817 
nm\2\ of Federal waters, thereby reducing the total portion of the U.S. 
Exclusive Economic Zone around American Samoa that is now closed to 
large longline vessels from 25.5 percent to 11.3 percent. The proposed 
action is intended to improve the efficiency and economic viability of 
the American Samoa longline fleet, while ensuring that fishing by the 
longline and small vessel fleets remains sustainable on an ongoing 
basis. The proposed action would allow large longline vessels to 
distribute fishing effort over a larger area, which may reduce catch 
competition among the larger vessels and promote economic efficiency by 
reducing transit costs. The longline fishery targets albacore, so it 
does not compete with small-scale bottomfish fishermen or trollers, who 
target skipjack and yellowfin tunas and billfish. NMFS would continue 
to prohibit fishing by large longline vessels within the EEZ from 3-12 
nm around the islands, thus maintaining non-competitive fishing 
opportunities for the small-vessel longline fleet.
    The Council and NMFS will annually review the effects of the 
proposed action on catch rates, small vessel participation, and 
sustainable fisheries development initiatives. Any proposed changes 
would be subject to additional environmental review and opportunity for 
public review and comment.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator for Fisheries has determined that this 
proposed rule is consistent with the FEP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.

Regulatory Flexibility Act: Certification of Finding of No Significant 
Impact on Substantial Number of Small Entities

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
A description of the proposed action, why it is being considered, and 
the legal basis for it are contained in the preamble to this proposed 
rule.
    The Western Pacific Fishery Management Council (Council) 
established the American Samoa large vessel prohibited areas (LVPA) to 
separate large-vessel (50 feet or greater) fishing activities from 
those of smaller vessels, and to prevent potential gear conflicts and 
catch competition. NMFS implemented the LVPA in 2002 (67 FR 4369; 
January 30, 2002), with minor modifications to the boundaries in 2012, 
related to the establishment of the Rose Atoll Marine National Monument 
(77 FR 34260; June 11, 2012).
    At the time that the LVPA was implemented, nearly 40 alia and other 
small vessels fished alongside 25 large vessels. The establishment of 
the LVPA prohibited fishing by all but two large vessels. The Council 
and NMFS allowed the two vessels to fish in the LVPA based on their 
fishing history. In recent years, far fewer small vessels operate 
within the LVPA and the U.S. Exclusive Economic Zone (EEZ) surrounding 
American Samoa. Meanwhile, the large longliners based in American Samoa 
struggle to maintain operating, with estimated fleet-wide revenue of 
$6.8 million (http://www.pifsc.noaa.gov/wpacfin/as/Data/ECL_Charts/ae3bmain.htm, accessed July 22, 2015) and some vessels reportedly 
operating at a loss.
    This proposed rule would provide economic relief to the American 
Samoa large longline vessel fleet, through an exemption to the 
prohibition from fishing within specific areas of the LVPA. The 
proposed action would allow the large longline vessels to fish over an 
additional 16,817 nm\2\ of Federal waters, thereby reducing the total 
area of the U.S. EEZ around American Samoa currently closed to large 
longliners from 25.5 percent to 11.3 percent. The proposed action would 
improve the efficiency and economic viability of the American Samoa 
longline fleet, while ensuring fishing by the longline and small vessel 
fleets remain sustainable on an ongoing basis. The Council and NMFS 
would annually review the effects of the proposed action on catch rates 
of all pelagic fishery participants, small vessel participation in 
pelagic fisheries, and sustainable fisheries development initiatives.
    The proposed action would directly affect operators of American 
Samoa-based longline vessels with Class C or D permits. Based on 
available information, NMFS has determined that all affected entities 
are small entities under the SBA definition of a small entity, i.e., 
they are engaged in the business of fish harvesting, are independently 
owned or operated, are not dominant in their field of operation, and 
have gross annual receipts below $20.5 million (NAICS code: 114111). In 
2013, NMFS issued 11 Class C permits and 26 Class D permits, with seven 
active Class C permits and 14 active Class D permits (http://www.pifsc.noaa.gov/wpacfin/as/Data/Pelagic/apel24main.htm and http://www.pifsc.noaa.gov/wpacfin/as/Data/Pelagic/apel25main.htm, accessed 
July 22, 2015). Therefore, NMFS estimates that this action would 
potentially affect up to 37 vessels directly.
    NMFS does not expect the rule to have disproportionate economic 
impacts between large and small entities directly affected by this 
rule, although the small vessels currently allowed to fish throughout 
the LVPA may be indirectly affected by the potential increase in the 
number of large longliners fishing within a portion of the LVPA. 
Furthermore, there would be disproportionate economic impacts among the 
universe of vessels based on gear, homeport, or vessel length.
    Even though this proposed action would apply to a substantial 
number of vessels, the implementation of this action will not result in 
significant adverse economic impacts to individual vessels. The 
proposed action does not duplicate, overlap, or conflict with other 
Federal rules and is not expected to have significant impact on small 
entities (as discussed above), organizations, or government 
jurisdictions. As such, an initial regulatory flexibility analysis is 
not required and none has been prepared.

Executive Order 12866

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

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian natives, Northern Mariana Islands, Reporting 
and recordkeeping requirements.

    Dated: August 18, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 665 as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 50 CFR part 665 continues to read as 
follows:

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

0
2. Revise Sec.  665.818 to read as follows:


Sec.  665.818  Exemptions for American Samoa large vessel prohibited 
areas.

    (a) Exemption for historical participation.

[[Page 51530]]

    (1) An exemption will be issued to a person who currently owns a 
large vessel to use that vessel to fish for western Pacific pelagic MUS 
in the American Samoa large vessel prohibited areas, if the person 
seeking the exemption had been the owner of that vessel when it was 
registered for use with a Western Pacific general longline permit, and 
has made at least one landing of western Pacific pelagic MUS in 
American Samoa on or prior to November 13, 1997.
    (2) A landing of western Pacific pelagic MUS for the purpose of 
this paragraph must have been properly recorded on a NMFS Western 
Pacific Federal daily longline form that was submitted to NMFS, as 
required in Sec.  665.14.
    (3) An exemption is valid only for a vessel that was registered for 
use with a Western Pacific general longline permit and landed western 
Pacific pelagic MUS in American Samoa on or prior to November 13, 1997, 
or for a replacement vessel of equal or smaller LOA than the vessel 
that was initially registered for use with a Western Pacific general 
longline permit on or prior to November 13, 1997.
    (4) An exemption is valid only for the vessel for which it is 
registered. An exemption not registered for use with a particular 
vessel may not be used.
    (5) An exemption may not be transferred to another person.
    (6) If more than one person, e.g., a partnership or corporation, 
owned a large vessel when it was registered for use with a Western 
Pacific general longline permit and made at least one landing of 
western Pacific pelagic MUS in American Samoa on or prior to November 
13, 1997, an exemption issued under this section will be issued to only 
one person.
    (b) Exemption for vessel size. Except as otherwise prohibited in 
Subpart I of this chapter, a vessel of any size that is registered for 
use with a valid American Samoa longline limited access permit is 
authorized to fish for western Pacific pelagic MUS within the American 
Samoa large vessel prohibited areas as defined in Sec.  665.806(b), 
except that no large vessel as defined in Sec.  665.12 of this subpart 
may be used to fish for western Pacific pelagic MUS in the portions of 
the American Samoa large vessel prohibited areas, as follows:
    (1) EEZ waters around Tutuila Island enclosed by straight lines 
connecting the following coordinates:

------------------------------------------------------------------------
             Point                     S. lat.             W. long.
------------------------------------------------------------------------
1..............................  14[deg]01'42''.....  171[deg]02'36''
2..............................  14[deg]01'42''.....  170[deg]20'22''
3..............................  14[deg]34'31''.....  170[deg]20'22''
4..............................  14[deg]34'31''.....  171[deg]03'10''
5..............................  14[deg]02'47''.....  171[deg]03'10''
1..............................  14[deg]01'42''.....  171[deg]02'36''
------------------------------------------------------------------------

    (2) EEZ waters around the Manua Islands enclosed by straight lines 
connecting the following coordinates:

------------------------------------------------------------------------
             Point                     S. lat.             W. long.
------------------------------------------------------------------------
1..............................  13[deg]57'16''.....  169[deg]53'7''
2..............................  13[deg]57'16''.....  169[deg]12'45''
3..............................  14[deg]28'28''.....  169[deg]12'45''
4..............................  14[deg]28'28''.....  169[deg]53'37''
1..............................  13[deg]57'16''.....  169[deg]53'37''
------------------------------------------------------------------------

    (3) EEZ waters around Swains Island enclosed by straight lines 
connecting the following coordinates:

------------------------------------------------------------------------
             Point                     S. lat.             W. long.
------------------------------------------------------------------------
1..............................  10[deg]51'.........  171[deg]18'
2..............................  10[deg]51'.........  170[deg]51'
3..............................  11[deg]16'.........  170[deg]51'
4..............................  11[deg]16'.........  171[deg]18'
1..............................  10[deg]51'.........  171[deg]18'
------------------------------------------------------------------------

[FR Doc. 2015-20962 Filed 8-24-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules                                         51527

                                                      impact-neutral rollover of 371 Chinook                  Management Plan (Salmon FMP), and                     purse seine vessels. The fishing
                                                      salmon from July to August. As a result,                regulations implementing the Salmon                   requirements for the Rose Atoll Marine
                                                      272 Chinook salmon were added to the                    FMP, 50 CFR 660.409 and 660.411. Prior                National Monument would remain
                                                      August quota of 500 Chinook salmon,                     notice and opportunity for public                     unchanged. The intent of the proposed
                                                      for an adjusted quota of 772 Chinook                    comment was impracticable because                     rule is to improve the viability of the
                                                      salmon. After consideration of Chinook                  NMFS and the state agencies had                       American Samoa longline fishery and
                                                      salmon landings to date and the STT’s                   insufficient time to provide for prior                achieve optimum yield from the fishery
                                                      calculations, the RA determined that it                 notice and the opportunity for public                 while preventing overfishing, in
                                                      was appropriate to adjust the August                    comment between the time Chinook                      accordance with National Standard 1.
                                                      quota for the commercial salmon fishery                 salmon catch and effort assessments and               DATES: NMFS must receive comments
                                                      in the Oregon KMZ. This action was                      projections were developed and                        by September 24, 2015.
                                                      taken to allow access to available                      fisheries impacts were calculated, and                ADDRESSES: You may submit comments
                                                      Chinook salmon quota, without                           the time the fishery modifications had                on this document, identified by NOAA–
                                                      exceeding conservation impacts to                       to be implemented in order to ensure                  NMFS–2015–0080, by either of the
                                                      Klamath River fall and California coastal               that fisheries are managed based on the               following methods:
                                                      Chinook salmon stocks. Inseason action                  best available scientific information,                   • Electronic Submission: Submit all
                                                      to modify quotas and/or fishing seasons                 ensuring that conservation objectives                 electronic public comments via the
                                                      is authorized by 50 CFR 660.409(b)(1)(i).               and ESA consultation standards are not                Federal e-Rulemaking Portal. Go to
                                                         Consultation date and participants:                  exceeded. The AA also finds good cause                http://www.regulations.gov/
                                                      Consultation on inseason action #21                     to waive the 30-day delay in                          #!docketDetail;D=NOAA-NMFS-2015-
                                                      occurred on August 5, 2015.                             effectiveness required under 5 U.S.C.                 0080, click the ‘‘Comment Now!’’ icon,
                                                      Participants in this consultation were                  553(d)(3), as a delay in effectiveness of             complete the required fields, and enter
                                                      staff from NMFS, Council, CDFW,                         these actions would allow fishing at                  or attach your comments.
                                                      WDFW, and ODFW.                                         levels inconsistent with the goals of the                • Mail: Send written comments to
                                                         All other restrictions and regulations               Salmon FMP and the current                            Michael D. Tosatto, Regional
                                                      remain in effect as announced for the                   management measures.                                  Administrator, NMFS Pacific Islands
                                                      2015 ocean salmon fisheries and 2016                       These actions are authorized by 50                 Region (PIR), 1845 Wasp Blvd., Bldg.
                                                      salmon fisheries opening prior to May 1,                CFR 660.409 and 660.411 and are                       176, Honolulu, HI 96818.
                                                      2016 (80 FR 25611, May 5, 2015).                        exempt from review under Executive                       Instructions: Comments sent by any
                                                         The RA determined that the best                      Order 12866.                                          other method, to any other address or
                                                      available information indicated that                                                                          individual, or received after the end of
                                                      Chinook salmon and halibut catch to                       Authority: 16 U.S.C. 1801 et seq.
                                                                                                                                                                    the comment period, may not be
                                                      date and fishery effort supported the                     Dated: August 20, 2015.                             considered by NMFS. All comments
                                                      above inseason actions recommended                      Alan D. Risenhoover,                                  received are a part of the public record
                                                      by the states of Washington and Oregon,                 Director, Office of Sustainable Fisheries,            and will generally be posted for public
                                                      and the treaty Indian tribes. The states                National Marine Fisheries Service.                    viewing on www.regulations.gov
                                                      manage the fisheries in state waters                    [FR Doc. 2015–20996 Filed 8–24–15; 8:45 am]           without change. All personal identifying
                                                      adjacent to the areas of the U.S.                       BILLING CODE 3510–22–P                                information (e.g., name, address, etc.),
                                                      exclusive economic zone in accordance                                                                         confidential business information, or
                                                      with these Federal actions; the tribes                                                                        otherwise sensitive information
                                                      manage fisheries in areas described in                  DEPARTMENT OF COMMERCE                                submitted voluntarily by the sender will
                                                      the annual management measures (80                                                                            be publicly accessible.
                                                      FR 25611, May 5, 2015). As provided by                  National Oceanic and Atmospheric
                                                                                                                                                                       The Western Pacific Fishery
                                                      the inseason notice procedures of 50                    Administration
                                                                                                                                                                    Management Council (Council) and
                                                      CFR 660.411, actual notice of the                                                                             NMFS prepared an environmental
                                                      described regulatory actions was given,                 50 CFR Part 665
                                                                                                                                                                    analysis that describes the potential
                                                      prior to the time the action was                        [Docket No. 150625552–5710–01]                        impacts on the human environment that
                                                      effective, by telephone hotline numbers                                                                       could result from the proposed rule. The
                                                      206–526–6667 and 800–662–9825, and                      RIN 0648–BF22
                                                                                                                                                                    environmental analysis and other
                                                      by U.S. Coast Guard Notice to Mariners                                                                        supporting documents are available at
                                                                                                              Pacific Island Pelagic Fisheries;
                                                      broadcasts on Channel 16 VHF–FM and                                                                           www.regulations.gov.
                                                                                                              Exemption for Large U.S. Longline
                                                      2182 kHz.
                                                                                                              Vessels To Fish in Portions of the                    FOR FURTHER INFORMATION CONTACT:
                                                      Classification                                          American Samoa Large Vessel                           Jarad Makaiau, NMFS PIRO Sustainable
                                                         The Assistant Administrator for                      Prohibited Area                                       Fisheries, 808–725–5176.
                                                      Fisheries, NOAA (AA), finds that good                   AGENCY:  National Marine Fisheries                    SUPPLEMENTARY INFORMATION: In 2002,
                                                      cause exists for this notification to be                Service (NMFS), National Oceanic and                  the Council recommended establishing,
                                                      issued without affording prior notice                   Atmospheric Administration (NOAA),                    and NMFS implemented, the LVPA
                                                      and opportunity for public comment                      Commerce.                                             around Swain’s, Tutuila, and the Manua
                                                      under 5 U.S.C. 553(b)(B) because such                                                                         Islands, and Rose Atoll. At the time, the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              ACTION: Proposed rule; request for
                                                      notification would be impracticable. As                 comments.                                             Council and NMFS established the
                                                      previously noted, actual notice of the                                                                        LVPA to prevent the potential for gear
                                                      regulatory actions was provided to                      SUMMARY:    NMFS proposes to allow large              conflicts and catch competition between
                                                      fishers through telephone hotline and                   federally permitted U.S. longline vessels             large and small fishing vessels. Such
                                                      radio notification. These actions comply                to fish in certain areas of the Large                 conflicts and competition could have
                                                      with the requirements of the annual                     Vessel Prohibited Area (LVPA) around                  led to reduced opportunities for
                                                      management measures for ocean salmon                    Swains Island, Tutuila, and the Manua                 sustained participation in the small-
                                                      fisheries (80 FR 25611, May 5, 2015),                   Islands. NMFS would continue to                       scale pelagic fisheries. The LVPA,
                                                      the West Coast Salmon Fishery                           prohibit fishing in the LVPA by large                 which extends seaward approximately


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                                                      51528                  Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules

                                                      30–50 nm offshore from the islands,                     have been operating on a regular basis,               50 ft and longer to fish in portions of the
                                                      restricts vessels 50 ft and longer from                 and the large vessels (19 active in 2014)             LVPA. Specifically, the proposed action
                                                      fishing for pelagic management unit                     have faced declining catch per unit of                would allow large U.S. vessels that hold
                                                      species. You may read more about the                    effort (CPUE), increased costs, and                   a Federal American Samoa longline
                                                      establishment of the LVPA in the 2001                   greatly reduced revenues. The LVPA                    limited entry permit to fish within the
                                                      proposed rule (66 FR 39475, July 31,                    may be unnecessarily reducing the                     LVPA seaward of 12 nm around Swains
                                                      2001) and 2002 final rule (67 FR 4369,                  efficiency of the larger American Samoa               Island, Tutuila, and the Manua Islands
                                                      January 30, 2002).                                      longline vessels by displacing the fleet              (see Fig. 1). NMFS would continue to
                                                         The American Samoa pelagic fisheries                 from a part of their historical fishing               prohibit fishing in the LVPA by large
                                                      have changed since 2002, and the                        grounds.
                                                                                                                                                                    purse seine vessels. The fishing
                                                      conditions that led the Council and                        To address fishery conditions
                                                      NMFS to establish the LVPA are no                       resulting from the LVPA, the Council                  requirements for the Rose Atoll Marine
                                                      longer present. Only a few small                        recommended that NMFS allow                           National Monument would also remain
                                                      longline vessels (just one active in 2014)              federally-permitted U.S. longline vessels             unchanged.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                                                                                                  EP25AU15.002</GPH>




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                                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules                                                51529

                                                         The proposed action would allow                      fishing activities from those of smaller              active Class C permits and 14 active
                                                      fishing in an additional 16,817 nm2 of                  vessels, and to prevent potential gear                Class D permits (http://
                                                      Federal waters, thereby reducing the                    conflicts and catch competition. NMFS                 www.pifsc.noaa.gov/wpacfin/as/Data/
                                                      total portion of the U.S. Exclusive                     implemented the LVPA in 2002 (67 FR                   Pelagic/apel24main.htm and http://
                                                      Economic Zone around American                           4369; January 30, 2002), with minor                   www.pifsc.noaa.gov/wpacfin/as/Data/
                                                      Samoa that is now closed to large                       modifications to the boundaries in 2012,              Pelagic/apel25main.htm, accessed July
                                                      longline vessels from 25.5 percent to                   related to the establishment of the Rose              22, 2015). Therefore, NMFS estimates
                                                      11.3 percent. The proposed action is                    Atoll Marine National Monument (77                    that this action would potentially affect
                                                      intended to improve the efficiency and                  FR 34260; June 11, 2012).                             up to 37 vessels directly.
                                                      economic viability of the American                         At the time that the LVPA was                         NMFS does not expect the rule to
                                                      Samoa longline fleet, while ensuring                    implemented, nearly 40 alia and other                 have disproportionate economic
                                                      that fishing by the longline and small                  small vessels fished alongside 25 large               impacts between large and small entities
                                                      vessel fleets remains sustainable on an                 vessels. The establishment of the LVPA                directly affected by this rule, although
                                                      ongoing basis. The proposed action                      prohibited fishing by all but two large               the small vessels currently allowed to
                                                      would allow large longline vessels to                   vessels. The Council and NMFS allowed                 fish throughout the LVPA may be
                                                      distribute fishing effort over a larger                 the two vessels to fish in the LVPA                   indirectly affected by the potential
                                                      area, which may reduce catch                            based on their fishing history. In recent             increase in the number of large
                                                      competition among the larger vessels                    years, far fewer small vessels operate                longliners fishing within a portion of
                                                      and promote economic efficiency by                      within the LVPA and the U.S. Exclusive                the LVPA. Furthermore, there would be
                                                      reducing transit costs. The longline                    Economic Zone (EEZ) surrounding                       disproportionate economic impacts
                                                      fishery targets albacore, so it does not                American Samoa. Meanwhile, the large                  among the universe of vessels based on
                                                      compete with small-scale bottomfish                     longliners based in American Samoa                    gear, homeport, or vessel length.
                                                      fishermen or trollers, who target                       struggle to maintain operating, with                     Even though this proposed action
                                                      skipjack and yellowfin tunas and                        estimated fleet-wide revenue of $6.8                  would apply to a substantial number of
                                                      billfish. NMFS would continue to                        million (http://www.pifsc.noaa.gov/                   vessels, the implementation of this
                                                      prohibit fishing by large longline vessels              wpacfin/as/Data/ECL_Charts/                           action will not result in significant
                                                      within the EEZ from 3–12 nm around                      ae3bmain.htm, accessed July 22, 2015)                 adverse economic impacts to individual
                                                      the islands, thus maintaining non-                      and some vessels reportedly operating at              vessels. The proposed action does not
                                                      competitive fishing opportunities for the               a loss.                                               duplicate, overlap, or conflict with other
                                                      small-vessel longline fleet.                               This proposed rule would provide                   Federal rules and is not expected to
                                                         The Council and NMFS will annually                   economic relief to the American Samoa                 have significant impact on small entities
                                                      review the effects of the proposed action               large longline vessel fleet, through an               (as discussed above), organizations, or
                                                      on catch rates, small vessel                            exemption to the prohibition from                     government jurisdictions. As such, an
                                                      participation, and sustainable fisheries                fishing within specific areas of the                  initial regulatory flexibility analysis is
                                                      development initiatives. Any proposed                   LVPA. The proposed action would                       not required and none has been
                                                      changes would be subject to additional                  allow the large longline vessels to fish              prepared.
                                                      environmental review and opportunity                    over an additional 16,817 nm2 of
                                                                                                                                                                    Executive Order 12866
                                                      for public review and comment.                          Federal waters, thereby reducing the
                                                                                                              total area of the U.S. EEZ around                       This proposed rule has been
                                                      Classification                                          American Samoa currently closed to                    determined to be not significant for
                                                         Pursuant to section 304(b)(1)(A) of the              large longliners from 25.5 percent to                 purposes of Executive Order 12866.
                                                      Magnuson-Stevens Act, the NMFS                          11.3 percent. The proposed action                     List of Subjects in 50 CFR Part 665
                                                      Assistant Administrator for Fisheries                   would improve the efficiency and
                                                      has determined that this proposed rule                  economic viability of the American                      Administrative practice and
                                                      is consistent with the FEP, other                       Samoa longline fleet, while ensuring                  procedure, American Samoa, Fisheries,
                                                      provisions of the Magnuson-Stevens                      fishing by the longline and small vessel              Fishing, Guam, Hawaiian natives,
                                                      Act, and other applicable laws, subject                 fleets remain sustainable on an ongoing               Northern Mariana Islands, Reporting
                                                      to further consideration after public                   basis. The Council and NMFS would                     and recordkeeping requirements.
                                                      comment.                                                annually review the effects of the                      Dated: August 18, 2015.
                                                                                                              proposed action on catch rates of all                 Samuel D. Rauch III,
                                                      Regulatory Flexibility Act: Certification               pelagic fishery participants, small vessel
                                                      of Finding of No Significant Impact on                                                                        Deputy Assistant Administrator for
                                                                                                              participation in pelagic fisheries, and               Regulatory Programs, National Marine
                                                      Substantial Number of Small Entities                    sustainable fisheries development                     Fisheries Service.
                                                         The Chief Counsel for Regulation of                  initiatives.                                            For the reasons set out in the
                                                      the Department of Commerce certified                       The proposed action would directly
                                                                                                                                                                    preamble, NMFS proposes to amend 50
                                                      to the Chief Counsel for Advocacy of the                affect operators of American Samoa-
                                                                                                                                                                    CFR part 665 as follows:
                                                      Small Business Administration that this                 based longline vessels with Class C or
                                                      proposed rule, if adopted, would not                    D permits. Based on available                         PART 665—FISHERIES IN THE
                                                      have a significant economic impact on                   information, NMFS has determined that                 WESTERN PACIFIC
                                                      a substantial number of small entities. A               all affected entities are small entities
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      description of the proposed action, why                 under the SBA definition of a small                   ■ 1. The authority citation for 50 CFR
                                                      it is being considered, and the legal                   entity, i.e., they are engaged in the                 part 665 continues to read as follows:
                                                      basis for it are contained in the                       business of fish harvesting, are                          Authority: 16 U.S.C. 1801 et seq.
                                                      preamble to this proposed rule.                         independently owned or operated, are                  ■   2. Revise § 665.818 to read as follows:
                                                         The Western Pacific Fishery                          not dominant in their field of operation,
                                                      Management Council (Council)                            and have gross annual receipts below                  § 665.818 Exemptions for American Samoa
                                                      established the American Samoa large                    $20.5 million (NAICS code: 114111). In                large vessel prohibited areas.
                                                      vessel prohibited areas (LVPA) to                       2013, NMFS issued 11 Class C permits                    (a) Exemption for historical
                                                      separate large-vessel (50 feet or greater)              and 26 Class D permits, with seven                    participation.


                                                 VerDate Sep<11>2014   16:31 Aug 24, 2015   Jkt 235001   PO 00000   Frm 00049   Fmt 4702   Sfmt 4702   E:\FR\FM\25AUP1.SGM   25AUP1


                                                      51530                  Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules

                                                        (1) An exemption will be issued to a                  exemption not registered for use with a                       Point                  S. lat.              W. long.
                                                      person who currently owns a large                       particular vessel may not be used.
                                                      vessel to use that vessel to fish for                      (5) An exemption may not be                        1   .....................   14°01′42″     ....    171°02′36″
                                                      western Pacific pelagic MUS in the                                                                            2   .....................   14°01′42″     ....    170°20′22″
                                                                                                              transferred to another person.                        3   .....................   14°34′31″     ....    170°20′22″
                                                      American Samoa large vessel prohibited
                                                      areas, if the person seeking the                           (6) If more than one person, e.g., a               4   .....................   14°34′31″     ....    171°03′10″
                                                                                                              partnership or corporation, owned a                   5   .....................   14°02′47″     ....    171°03′10″
                                                      exemption had been the owner of that                                                                          1   .....................   14°01′42″     ....    171°02′36″
                                                      vessel when it was registered for use                   large vessel when it was registered for
                                                      with a Western Pacific general longline                 use with a Western Pacific general
                                                                                                              longline permit and made at least one                    (2) EEZ waters around the Manua
                                                      permit, and has made at least one                                                                             Islands enclosed by straight lines
                                                      landing of western Pacific pelagic MUS                  landing of western Pacific pelagic MUS
                                                                                                              in American Samoa on or prior to                      connecting the following coordinates:
                                                      in American Samoa on or prior to
                                                      November 13, 1997.                                      November 13, 1997, an exemption                               Point                  S. lat.              W. long.
                                                        (2) A landing of western Pacific                      issued under this section will be issued
                                                      pelagic MUS for the purpose of this                     to only one person.                                   1   .....................   13°57′16″     ....    169°53′7″
                                                      paragraph must have been properly                          (b) Exemption for vessel size. Except              2   .....................   13°57′16″     ....    169°12′45″
                                                      recorded on a NMFS Western Pacific                      as otherwise prohibited in Subpart I of               3   .....................   14°28′28″     ....    169°12′45″
                                                      Federal daily longline form that was                                                                          4   .....................   14°28′28″     ....    169°53′37″
                                                                                                              this chapter, a vessel of any size that is            1   .....................   13°57′16″     ....    169°53′37″
                                                      submitted to NMFS, as required in                       registered for use with a valid American
                                                      § 665.14.                                               Samoa longline limited access permit is
                                                        (3) An exemption is valid only for a                                                                          (3) EEZ waters around Swains Island
                                                                                                              authorized to fish for western Pacific                enclosed by straight lines connecting
                                                      vessel that was registered for use with                 pelagic MUS within the American
                                                      a Western Pacific general longline                                                                            the following coordinates:
                                                                                                              Samoa large vessel prohibited areas as
                                                      permit and landed western Pacific
                                                                                                              defined in § 665.806(b), except that no                       Point                  S. lat.              W. long.
                                                      pelagic MUS in American Samoa on or
                                                                                                              large vessel as defined in § 665.12 of
                                                      prior to November 13, 1997, or for a                                                                          1   .....................   10°51′   ..........   171°18′
                                                                                                              this subpart may be used to fish for
                                                      replacement vessel of equal or smaller                                                                        2   .....................   10°51′   ..........   170°51′
                                                                                                              western Pacific pelagic MUS in the
                                                      LOA than the vessel that was initially                                                                        3   .....................   11°16′   ..........   170°51′
                                                      registered for use with a Western Pacific               portions of the American Samoa large
                                                                                                                                                                    4   .....................   11°16′   ..........   171°18′
                                                      general longline permit on or prior to                  vessel prohibited areas, as follows:                  1   .....................   10°51′   ..........   171°18′
                                                      November 13, 1997.                                         (1) EEZ waters around Tutuila Island
                                                        (4) An exemption is valid only for the                enclosed by straight lines connecting                 [FR Doc. 2015–20962 Filed 8–24–15; 8:45 am]
                                                      vessel for which it is registered. An                   the following coordinates:                            BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




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Document Created: 2018-02-23 11:02:23
Document Modified: 2018-02-23 11:02:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesNMFS must receive comments by September 24, 2015.
ContactJarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176.
FR Citation80 FR 51527 
RIN Number0648-BF22
CFR AssociatedAdministrative Practice and Procedure; American Samoa; Fisheries; Fishing; Guam; Hawaiian Natives; Northern Mariana Islands and Reporting and Recordkeeping Requirements

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