81 FR 44249 - Pacific Island Pelagic Fisheries; 2016 U.S. Territorial Longline Bigeye Tuna Catch Limits
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 130 (July 7, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 130 (July 7, 2016)
| Page Range | 44249-44251 | |
| FR Document | 2016-16013 |
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)] [Proposed Rules] [Pages 44249-44251] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16013] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 151023986-6557-01] RIN 0648-XE284 Pacific Island Pelagic Fisheries; 2016 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. ----------------------------------------------------------------------- SUMMARY: NMFS proposes a 2016 limit of 2,000 metric tons (mt) of longline-caught bigeye tuna for each U.S. Pacific territory (American Samoa, Guam, and the Northern Mariana Islands). NMFS would allow each territory to allocate up to 1,000 mt each year to U.S. longline fishing vessels in a specified fishing agreement that meets established criteria. 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 July 22, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2015-0140, 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-2015-0140, 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. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). NMFS prepared environmental analyses that describe the potential impacts on the human environment that would result from the proposed catch limits and accountability measures. The environmental analyses are available at www.regulations.gov. The information contained in the environmental analyses is not repeated here. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176. SUPPLEMENTARY INFORMATION: NMFS proposes to specify a catch limit of 2,000 mt of longline-caught bigeye tuna for each U.S. participating territory in 2016. NMFS would also authorize each U.S. Pacific territory to allocate up to 1,000 mt of its 2,000-mt bigeye tuna limit 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 Western Pacific Fishery Management Council recommended these specifications. [[Page 44250]] 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 (Territorial catch and fishing effort limits). 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 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 the proposed action and will announce the final specifications in the Federal Register. NMFS must receive any comments by the date provided in the DATES heading. NMFS may not consider any comments not postmarked or otherwise transmitted by that date. Regardless of the final specifications, all other management measures will continue to apply in the longline fishery. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator for Fisheries has determined that this proposed specification is consistent with the applicable FEPs, other provisions of the Magnuson-Stevens Act, and other applicable laws, 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 of 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. 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 specification. The proposed action would specify a 2016 limit of 2,000 metric tons (mt) (4,409,240 lb) of longline-caught bigeye tuna for each U.S. Pacific territory (American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI)). Without this catch limit, these U.S territories would not be subject to a limit because they, as Participating Territories to the Western and Central Pacific Fisheries Commission (WCPFC), do not have a bigeye tuna limit under international measures adopted by the WCPFC. NMFS would also allow each territory to allocate up to 1,000 mt (2,204,620 lb) of its 2,000 mt bigeye tuna limit each year 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 directly apply to longline vessels federally permitted under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (Pelagic FEP), specifically Hawaii longline limited entry, American Samoa longline limited entry, and Western Pacific general longline permit holders. As of June 2016, 139 vessels possessed Hawaii longline limited entry permits (out of 164 total permits), 40 possessed American Samoa longline limited entry permits (out of 60 total permits), and one vessel held a Western Pacific general longline permit. According to landings information provided in the environmental assessment prepared in support of this action and logbook information, Hawaii-based longline vessels landed approximately 25,791,000 lb of pelagic fish valued at $93,963,000 in 2012 and 27,053,000 lb of pelagic fish valued at $88,552,000 in 2013. With 129 vessels making either a deep- or shallow-set trip in 2012, and 135 vessels in 2013, the ex- vessel value of pelagic fish caught by Hawaii-based longline fisheries averaged about $728,000 and $656,000 per vessel in 2012 and 2013 respectively. In 2014, 140 vessels made approximately 1,431 trips, with 19,115 sets, and 47,130,556 hooks. In 2015, 142 vessels made approximately 1,448 trips, with 18,469 sets, and 47,489,544 hooks. Final catch, landings, and revenue information for the Hawaii-based longline fleet in 2014 and 2015 are not yet available. In 2013, 22 American Samoa longline vessels turned in logbooks reporting the landing of 162,444 pelagic fish (approximately 6 million lb) valued at $6,772,386. Albacore made up the largest proportion of pelagic landings in American Samoa at 4,525,453 lb and bigeye tuna comprised of 187,954 lb. With 22 active longline vessels, the ex-vessel value of pelagic fish caught by the American Samoa longline fishery averaged about $307,836 per vessel in 2013. With regard to Guam and CNMI, no longline fishing has occurred since 2011. On December 29, 2015, NMFS issued a final rule establishing a small business size standard of $11 million in annual gross receipts for all businesses primarily engaged in the commercial fishing industry (NAICS 11411) for Regulatory Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 29, 2015). The $11 million standard became effective on July 1, 2016, and is to be used in place of the U.S. Small Business Administration's (SBA) current standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) sectors of the U.S. commercial fishing industry in all NMFS rules subject to the RFA after July 1, 2016. Id. at 81194. Based on this 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 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 Hawaii-based longline fishery participants by allowing them to fish under specified fishing agreements with a territory, which could extend fishing effort for bigeye tuna in the Western Pacific Ocean and provide more bigeye tuna for markets in Hawaii. Amendment 7 to the Pelagic FEP established a process by which NMFS could specify catch and/or effort limits for pelagic fisheries in American Samoa, Guam and CNMI, regardless of whether the WCPFC adopts a limit for those entities or not. Amendment 7 also allows NMFS to authorize the government of each territory to allocate a portion of their catch and/or effort limits through territorial fishing agreements. Specifically, bigeye tuna landed by vessels included in a fishing agreement are attributed to the U.S territory to which the agreement [[Page 44251]] applies, and not counted towards the U.S. bigeye tuna limit established by NMFS under a separate authority in 50 CFR part 300, subpart O. 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 that 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. EEZ around Hawaii. In 2015, all dual American Samoa/Hawaii longline permitted vessels were included in the fishing agreement with CNMI. Therefore, NMFS attributed bigeye catches by those vessels to the CNMI. The 2016 U.S. bigeye tuna catch limit established in 50 CFR 300, Subpart O is 3,554 mt, which is about 1.5% higher than the 2015 limit. In 2015, the U.S. longline fishery was subject to a catch limit of 3,502 mt (WCPFC limit of 3,554 mt less the 2014 catch overage of 52 mt). NMFS closed the fishery on August 5, 2015, because the fishery reached the limit (80 FR 46515, July 28, 2015). However, effective October 9, 2015, NMFS specified the 2015 catch and allocation limits for the CNMI and all vessels in the Hawaii longline fleet immediately entered into a specified fishing agreement with the CNMI. NMFS forecasted vessels listed in the CNMI specified fishing agreement would reach the 1,000-mt allocation limit on November 30, 2015 and issued a notice that it would restrict retention of bigeye tuna by vessels identified in that agreement on that date (80 FR 74002, November 27, 2015). Effective November 25, 2015, NMFS specified the 2015 catch and allocation limit for Guam and all Hawaii longline vessels immediately entered into a second specified fishing agreement with Guam on that date. Preliminary data from PIFSC indicate that Hawaii longline vessels caught the entire 1,000-mt bigeye tuna allocation provided by the CNMI specified fishing agreement, but did not reach the 1,000 mt allocation limit provided by the Guam specified fishing agreement before the 2015 fishing year ended on December 31, 2015 (NMFS PIFSC unpublished data; Preliminary 2015 U.S. Part 1 annual report to the WCPFC). Through this action, Hawaii-based longline vessels could again potentially enter into one or more fishing agreements with participating territories. This would enhance the ability of these vessels to extend fishing effort in the Western and Central Pacific Ocean and provide more bigeye tuna for markets in Hawaii. Providing opportunity to land bigeye tuna in Hawaii in the last quarter of the year when market demand is 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, provides benefits to the territories by providing funds for territorial fisheries development projects. In terms of the impacts of reducing the limits of bigeye tuna catch by longline vessels based in the territories from an unlimited amount to 2,000 mt, this is not likely to adversely affect vessels based in the territories. Historical catch of bigeye tuna by the American Samoa longline fleet has been less than 2,000 mt, even including the catch of vessels based in American Samoa, catch by dual permitted vessels that land their catch in Hawaii, and catch attributed to American Samoa from U.S. vessels under specified fishing agreements (which occurred in 2011 and 2012). With regard to Guam and CNMI, no longline fishing has occurred since 2011. Under the proposed action, longline fisheries managed under the Pelagic FEP are not expected to expand substantially nor change the manner in which they are currently conducted, (i.e., area fished, number of vessels longline fishing, number of trips taken per year, number of hooks set per vessel during a trip, depth of hooks, or deployment techniques in setting longline gear), due to existing operational constraints in the fleet, the limited entry permit programs, and protected species mitigation requirements. The proposed rule does not duplicate, overlap, or conflict with other Federal rules and is not expected to have significant impact on small organizations or government jurisdictions. Furthermore, there would be little, if any, disproportionate adverse economic impacts from the proposed rule based on gear type, or relative vessel size. The proposed rule 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 the procedures of E.O. 12866 because this action contains no implementing regulations. Authority: 16 U.S.C. 1801 et seq. Dated: June 30, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-16013 Filed 7-6-16; 8:45 am] BILLING CODE 3510-22-P
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in paragraph 1.E., ‘‘Compliance,’’ of Boeing accordance with the operator’s maintenance and accountability measures would
Alert Service Bulletin 767–53A0265, or inspection program without obtaining support the long-term sustainability of
Revision 1, dated March 18, 2016. approval of an AMOC, provided the RC steps, fishery resources of the U.S. Pacific
(1) Do a detailed inspection and a surface including substeps and identified figures, can Islands.
high frequency eddy current (HFEC) still be done as specified, and the airplane
inspection for cracking of the frame inner can be put back in an airworthy condition. DATES: NMFS must receive comments
chord and web common to the floor beam by July 22, 2016.
joint in section 41 and 43 on the left and (k) Related Information
ADDRESSES: You may submit comments
right sides. (1) For more information about this AD,
(2) Do a detailed inspection and a surface
on this document, identified by NOAA–
contact Wayne Lockett, Aerospace Engineer,
HFEC inspection for cracking of the section Airframe Branch, ANM–120S, FAA, Seattle NMFS–2015–0140, by either of the
43 and 46 frames common to the shear ties ACO, 1601 Lind Avenue SW., Renton, WA following methods:
on the left and right sides. 98057–3356; phone: 425–917–6447; fax: 425– • Electronic Submission: Submit all
917–6590; email: wayne.lockett@faa.gov. electronic public comments via the
(h) Service Information Exception Federal e-Rulemaking Portal. Go to
(2) For service information identified in
Where Boeing Alert Service Bulletin 767– this AD, contact Boeing Commercial http://www.regulations.gov/
53A0265, Revision 1, dated March 18, 2016, Airplanes, Attention: Data & Services #!docketDetail;D=NOAA-NMFS-2015-
specifies a compliance time ‘‘after the Management, P.O. Box 3707, MC 2H–65, 0140, click the ‘‘Comment Now!’’ icon,
original issue date of this service bulletin,’’ Seattle, WA 98124–2207; telephone 206–
this AD requires compliance within the
complete the required fields, and enter
544–5000, extension 1; fax 206–766–5680; or attach your comments.
specified compliance time after the effective Internet https://www.myboeingfleet.com. You
date of this AD. • Mail: Send written comments to
may view this referenced service information
at the FAA, Transport Airplane Directorate,
Michael D. Tosatto, Regional
(i) Credit for Previous Actions Administrator, NMFS Pacific Islands
1601 Lind Avenue SW., Renton, WA. For
This paragraph provides credit for the information on the availability of this Region (PIR), 1845 Wasp Blvd., Bldg.
actions specified in paragraph (g) of this AD, material at the FAA, call 425–227–1221. 176, Honolulu, HI 96818.
if those actions were performed before the Instructions: Comments sent by any
effective date of this AD using Boeing Alert Issued in Renton, Washington, on June 23,
2016.
other method, to any other address or
Service Bulletin 767–53A0265, dated March
18, 2015. This service information is not
individual, or received after the end of
Dorr M. Anderson,
incorporated by reference in this AD. the comment period, may not be
Acting Manager, Transport Airplane considered by NMFS. All comments
(j) Alternative Methods of Compliance Directorate, Aircraft Certification Service.
received are a part of the public record
(AMOCs) [FR Doc. 2016–15914 Filed 7–6–16; 8:45 am] and will generally be posted for public
(1) The Manager, Seattle Aircraft BILLING CODE 4910–13–P viewing on www.regulations.gov
Certification Office (ACO), FAA, has the without change. All personal identifying
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
information (e.g., name, address, etc.),
CFR 39.19. In accordance with 14 CFR 39.19, DEPARTMENT OF COMMERCE confidential business information, or
send your request to your principal inspector otherwise sensitive information
or local Flight Standards District Office, as National Oceanic and Atmospheric submitted voluntarily by the sender will
appropriate. If sending information directly Administration be publicly accessible. NMFS will
to the manager of the ACO, send it to the accept anonymous comments (enter
attention of the person identified in 50 CFR Part 665 ‘‘N/A’’ in the required fields if you wish
paragraph (k)(1) of this AD. Information may to remain anonymous).
be emailed to: 9-ANM-Seattle-ACO-AMOC- [Docket No. 151023986–6557–01]
NMFS prepared environmental
Requests@faa.gov.
(2) Before using any approved AMOC,
RIN 0648–XE284 analyses that describe the potential
notify your appropriate principal inspector, impacts on the human environment that
Pacific Island Pelagic Fisheries; 2016 would result from the proposed catch
or lacking a principal inspector, the manager
of the local flight standards district office/ U.S. Territorial Longline Bigeye Tuna limits and accountability measures. The
certificate holding district office. Catch Limits environmental analyses are available at
(3) An AMOC that provides an acceptable www.regulations.gov. The information
level of safety may be used for any repair,
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and contained in the environmental analyses
modification, or alteration required by this is not repeated here.
AD if it is approved by the Boeing Atmospheric Administration (NOAA),
Commercial Airplanes Organization Commerce. FOR FURTHER INFORMATION CONTACT:
Designation Authorization (ODA) that has ACTION: Proposed specifications; request
Jarad Makaiau, NMFS PIRO Sustainable
been authorized by the Manager, Seattle for comments. Fisheries, 808–725–5176.
ACO, to make those findings. To be SUPPLEMENTARY INFORMATION: NMFS
approved, the repair method, modification SUMMARY: NMFS proposes a 2016 limit proposes to specify a catch limit of
deviation, or alteration deviation must meet of 2,000 metric tons (mt) of longline- 2,000 mt of longline-caught bigeye tuna
the certification basis of the airplane, and the
approval must specifically refer to this AD.
caught bigeye tuna for each U.S. Pacific for each U.S. participating territory in
(4) For service information that contains territory (American Samoa, Guam, and 2016. NMFS would also authorize each
steps that are labeled as Required for the Northern Mariana Islands). NMFS U.S. Pacific territory to allocate up to
Compliance (RC), the provisions of would allow each territory to allocate 1,000 mt of its 2,000-mt bigeye tuna
paragraphs (j)(4)(i) and (j)(4)(ii) of this AD up to 1,000 mt each year to U.S. limit to U.S. longline fishing vessels that
apply. longline fishing vessels in a specified are permitted to fish under the Fishery
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(i) The steps labeled as RC, including fishing agreement that meets established Ecosystem Plan for Pelagic Fisheries of
substeps under an RC step and any figures criteria. As an accountability measure, the Western Pacific (FEP). Those vessels
identified in an RC step, must be done to
comply with the AD. An AMOC is required
NMFS would monitor, attribute, and must be identified in a specified fishing
for any deviations to RC steps, including restrict (if necessary) catches of agreement with the applicable territory.
substeps and identified figures. longline-caught bigeye tuna, including The Western Pacific Fishery
(ii) Steps not labeled as RC may be catches made under a specified fishing Management Council recommended
deviated from using accepted methods in agreement. The proposed catch limits these specifications.
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applies, and not counted towards the ability of these vessels to extend fishing because this action contains no
U.S. bigeye tuna limit established by effort in the Western and Central Pacific implementing regulations.
NMFS under a separate authority in 50 Ocean and provide more bigeye tuna for Authority: 16 U.S.C. 1801 et seq.
CFR part 300, subpart O. markets in Hawaii. Providing
In accordance with Federal Dated: June 30, 2016.
opportunity to land bigeye tuna in
regulations at 50 CFR part 300, subpart Hawaii in the last quarter of the year Samuel D. Rauch III,
O, vessels that possess both an when market demand is high will result Deputy Assistant Administrator for
American Samoa and Hawaii longline in positive economic benefits for fishery Regulatory Programs, National Marine
permit are not subject to the U.S bigeye Fisheries Service.
participants and net benefits to the
tuna limit. Therefore, these vessels may nation. Allowing participating [FR Doc. 2016–16013 Filed 7–6–16; 8:45 am]
retain bigeye tuna and land fish in territories to enter into specified fishing BILLING CODE 3510–22–P
Hawaii after the date that NMFS agreements under this action, provides
projects the fishery would reach that benefits to the territories by providing
limit. Further, catches of bigeye tuna funds for territorial fisheries DEPARTMENT OF COMMERCE
made by such vessels are attributed to development projects. In terms of the National Oceanic and Atmospheric
American Samoa, provided the fish was impacts of reducing the limits of bigeye Administration
not caught in the U.S. EEZ around tuna catch by longline vessels based in
Hawaii. In 2015, all dual American the territories from an unlimited amount 50 CFR Part 679
Samoa/Hawaii longline permitted to 2,000 mt, this is not likely to
vessels were included in the fishing adversely affect vessels based in the [Docket No.: 160225146–6146–01]
agreement with CNMI. Therefore, NMFS territories. RIN 0648–BF80
attributed bigeye catches by those Historical catch of bigeye tuna by the
vessels to the CNMI. American Samoa longline fleet has been Fisheries of the Exclusive Economic
The 2016 U.S. bigeye tuna catch limit less than 2,000 mt, even including the Zone Off Alaska; Observer Coverage
established in 50 CFR 300, Subpart O is catch of vessels based in American Requirements for Bering Sea and
3,554 mt, which is about 1.5% higher Samoa, catch by dual permitted vessels Aleutian Islands Management Area
than the 2015 limit. In 2015, the U.S. that land their catch in Hawaii, and Trawl Catcher Vessels
longline fishery was subject to a catch catch attributed to American Samoa
limit of 3,502 mt (WCPFC limit of 3,554 from U.S. vessels under specified AGENCY: National Marine Fisheries
mt less the 2014 catch overage of 52 mt). fishing agreements (which occurred in Service (NMFS), National Oceanic and
NMFS closed the fishery on August 5, 2011 and 2012). With regard to Guam Atmospheric Administration (NOAA),
2015, because the fishery reached the and CNMI, no longline fishing has Commerce.
limit (80 FR 46515, July 28, 2015). occurred since 2011. ACTION: Proposed rule; request for
However, effective October 9, 2015, Under the proposed action, longline comments.
NMFS specified the 2015 catch and fisheries managed under the Pelagic FEP
allocation limits for the CNMI and all are not expected to expand substantially SUMMARY: NMFS is proposing
vessels in the Hawaii longline fleet nor change the manner in which they regulations to modify observer coverage
immediately entered into a specified are currently conducted, (i.e., area requirements for catcher vessels
fishing agreement with the CNMI. fished, number of vessels longline participating in the trawl limited access
NMFS forecasted vessels listed in the fishing, number of trips taken per year, fisheries in the Bering Sea and Aleutian
CNMI specified fishing agreement number of hooks set per vessel during Islands management area (BSAI). If
would reach the 1,000-mt allocation a trip, depth of hooks, or deployment approved, this proposed rule would
limit on November 30, 2015 and issued techniques in setting longline gear), due allow the owner of a trawl catcher
a notice that it would restrict retention to existing operational constraints in the vessel to request, on an annual basis,
of bigeye tuna by vessels identified in fleet, the limited entry permit programs, that NMFS place the vessel in the full
that agreement on that date (80 FR and protected species mitigation observer coverage category for all
74002, November 27, 2015). Effective requirements. The proposed rule does directed fishing for groundfish using
November 25, 2015, NMFS specified the not duplicate, overlap, or conflict with trawl gear in the BSAI in the following
2015 catch and allocation limit for other Federal rules and is not expected calendar year. This action is necessary
Guam and all Hawaii longline vessels to have significant impact on small to relieve vessel owners who request
immediately entered into a second organizations or government full observer coverage of the reporting
specified fishing agreement with Guam jurisdictions. Furthermore, there would requirements and observer fee liability
on that date. Preliminary data from be little, if any, disproportionate adverse associated with the partial observer
PIFSC indicate that Hawaii longline economic impacts from the proposed coverage category. In addition, this
vessels caught the entire 1,000-mt rule based on gear type, or relative proposed rule makes minor technical
bigeye tuna allocation provided by the vessel size. The proposed rule also will corrections to observer program
CNMI specified fishing agreement, but not place a substantial number of small regulations. This proposed rule is
did not reach the 1,000 mt allocation entities, or any segment of small intended to promote the goals and
limit provided by the Guam specified entities, at a significant competitive objectives of the Magnuson-Stevens
fishing agreement before the 2015 disadvantage to large entities. Fishery Conservation and Management
fishing year ended on December 31, For the reasons above, NMFS does not Act (Magnuson-Stevens Act), the
2015 (NMFS PIFSC unpublished data; expect the proposed action to have a Fishery Management Plan for
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Preliminary 2015 U.S. Part 1 annual significant economic impact on a Groundfish of the Bering Sea and
report to the WCPFC). substantial number of small entities. As Aleutian Islands Management Area
Through this action, Hawaii-based such, an initial regulatory flexibility (BSAI FMP), and other applicable laws.
longline vessels could again potentially analysis is not required and none has DATES: Submit comments on or before
enter into one or more fishing been prepared. August 8, 2016.
agreements with participating This action is exempt from review ADDRESSES: You may submit comments
territories. This would enhance the under the procedures of E.O. 12866 on this document, identified by NOAA–
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Document Created: 2018-02-08 07:54:43
Document Modified: 2018-02-08 07:54:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed specifications; request for comments. | |
| Dates | NMFS must receive comments by July 22, 2016. | |
| Contact | Jarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176. | |
| FR Citation | 81 FR 44249 | |
| RIN Number | 0648-XE28 |
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