81_FR_63323 81 FR 63145 - Pacific Island Pelagic Fisheries; 2016 U.S. Territorial Longline Bigeye Tuna Catch Limits

81 FR 63145 - 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 178 (September 14, 2016)

Page Range63145-63148
FR Document2016-22111

In this final rule, NMFS specifies a 2016 limit of 2,000 mt of longline-caught bigeye tuna for each U.S. participating territory (American Samoa, Guam, and the Northern Mariana Islands). NMFS will allow each territory to allocate up to 1,000 mt each year to U.S. longline fishing vessels in a valid specified fishing agreement. As an accountability measure, NMFS will monitor, attribute, and restrict (if necessary), catches of longline-caught bigeye tuna, including catches made under a specified fishing agreement. These catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands and fisheries development in the U.S. territories.

Federal Register, Volume 81 Issue 178 (Wednesday, September 14, 2016)
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Rules and Regulations]
[Pages 63145-63148]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22111]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 151023986-6763-02]
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: Final specifications.

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SUMMARY: In this final rule, NMFS specifies a 2016 limit of 2,000 mt of 
longline-caught bigeye tuna for each U.S. participating territory 
(American Samoa, Guam, and the Northern Mariana Islands). NMFS will 
allow each territory to allocate up to 1,000 mt each year to U.S. 
longline fishing vessels in a valid specified fishing agreement. As an 
accountability measure, NMFS will monitor, attribute, and restrict (if 
necessary), catches of longline-caught bigeye tuna, including catches 
made under a specified fishing agreement. These catch limits and 
accountability measures support the long-term sustainability of fishery 
resources of the U.S. Pacific Islands and fisheries development in the 
U.S. territories.

DATES: The final specifications are effective September 9, 2016, 
through December 31, 2016. The deadline to submit a specified fishing 
agreement pursuant to 50 CFR 665.819(b)(3) for review is October 11, 
2016.

ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries 
of the Western Pacific (Pelagic FEP) are available from the Western 
Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 
1400, Honolulu, HI 96813, tel. 808-522-8220, fax 808-522-8226, or 
www.wpcouncil.org.
    NMFS prepared environmental analyses that describe the potential

[[Page 63146]]

impacts on the human environment that would result from the action. 
Copies of the environmental analyses, which include a 2015 
environmental assessment (EA), a 2016 supplemental EA (2016 SEA), and a 
finding of no significant impact, identified by NOAA-NMFS-2015-0140, 
are available from www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-
0140, or from Michael D. Tosatto, Regional Administrator, NMFS Pacific 
Islands Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.

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

SUPPLEMENTARY INFORMATION: NMFS is specifying a catch limit of 2,000 mt 
of longline-caught bigeye tuna for each U.S. participating territory in 
2016. NMFS is also authorizing 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 permitted to fish under the Pelagic FEP. 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 will, as an accountability measure, prohibit the catch 
and retention of longline-caught bigeye tuna by vessels in the 
applicable territory (territorial catch limit), and/or vessels in a 
specified fishing agreement (allocation limit).
    You may find additional background information on this action in 
the preamble to the proposed specifications published on July 7, 2016 
(81 FR 44249).

Comments and Responses

    On July 7, 2016, NMFS published the proposed specifications and 
request for public comments (81 FR 44249); the comment period closed on 
July 22, 2016. NMFS received five comments on the proposed 
specifications and on a draft of the SEA dated June 22, 2016, with 
comments submitted by individuals, the fishing industry, and non-
governmental organizations. NMFS considered public comments in 
finalizing the 2016 SEA and in making its decision on this action. NMFS 
responds below to comments on the proposed specifications and the July 
22, 2016, draft of the SEA.

Comments on the Proposed Specifications

    NMFS responds to comments on the proposed specifications, as 
follows:
    Comment 1: Several commenters expressed general support for the 
action and the thorough and objective assessment of the potential 
impacts of the action.
    Response: NMFS acknowledges the comments.
    Comment 2: One commenter noted the action supports opportunities 
that promote U.S. fishermen supplying seafood markets, and is 
consistent with Federal regulations implementing Amendment 7 to the 
Pelagic FEP and the recent decision of the United States District Court 
of Hawaii (Conservation Council for Hawaii v. NMFS, NO. CV 14-00528 
LEK-RLP, 2015 WL 9459899 (D. Haw. 2015)).
    Response: NMFS agrees. In November of 2014, Plaintiffs Conservation 
Council of Hawaii, Turtle Island Restoration Network, and Center for 
Biological Diversity, filed a civil action in the U.S. District Court 
of Hawaii (CA 14-00528) seeking declaratory and injunctive relief to 
set aside NOAA's October 28, 2014, final rule implementing Amendment 7, 
and the 2014 bigeye tuna catch and allocation limit specifications (79 
FR 64097, October 28, 2014). The final rule established the framework 
process (50 CFR 665.819) under which the Council may recommend, and 
NOAA may approve, longline limits for each U.S. Pacific territory. The 
rule also allows each territory to allocate a portion of the limit to 
qualifying pelagic permit-holders through specified fishing agreements, 
consistent with the conservation needs of the stock and applicable 
Western and Central Pacific Fisheries Commission (WCPFC) decisions. In 
December 2015, the U.S. District Court of Hawaii upheld the final rule 
implementing Amendment 7, finding that the final rule was consistent 
with WCPFC conservation and management decisions, and was not contrary 
to law.
    Consistent with Amendment 7, NMFS will establish a limit of 2,000 
mt of bigeye tuna for each U.S. Pacific territory for calendar year 
2016. NMFS will also allow each territory to allocate through specified 
fishing agreements up to 1,000 mt of its 2,000-mt bigeye tuna limit to 
U.S. fishing vessels permitted under the Pelagic FEP. As documented in 
the 2015 EA and the 2016 SEA, NMFS is satisfied that this action would 
not impede WCPFC conservation and management objectives to eliminate 
overfishing on bigeye tuna. We also anticipate that this action may 
provide some stability to bigeye tuna markets, some positive economic 
benefits for the fishery and associated businesses, and net benefits to 
the Nation.
    Comment 3: One commenter expressed concern that the proposed action 
could be detrimental to the Hawaiian bigeye tuna population because the 
amount of bigeye tuna removed from Hawaiian waters could potentially 
increase by 3,000 mt.
    Response: Based on the best scientific information available 
described in Section 3.3.1 of the 2015 EA, NMFS disagrees that this 
action will result in localized or regional depletion of tuna stocks. 
Hawaii does not have a distinct bigeye tuna population. Bigeye tuna is 
a highly migratory species and considered by stock assessment 
scientists as a single Pacific-wide population. However, the stock is 
assessed as two separate stocks for international management purposes, 
with a western and central Pacific Ocean (WCPO) stock managed by the 
WCPFC and an eastern Pacific Ocean (EPO) stock managed by the Inter-
American Tropical Tuna Commission (IATTC).
    As described in the 2015 EA, the most recent 2014 WCPO bigeye 
assessment utilizes a spatially disaggregated MULTIFAN-CL model that 
separates the WCPO into nine regions. The Hawaiian Archipelago is 
located mostly in Region 2, with a small portion within Region 4. 
Regions 2 and 4 share longitudinal boundaries of 170[deg] E. and 
150[deg] W., but are latitudinal separated at 20[deg] N. The 2014 WCPO 
bigeye stock assessment showed that the regions with the highest impact 
to bigeye tuna in the WCPO were Regions 3 and 4--representing 88 
percent of bigeye tuna fishing mortality. Regions 3 and 4 comprise the 
tropical Equatorial zone between 20[deg] N. and 10[deg] S., within 
which the area between 10[deg] N. and 10[deg] S. is distinguished as 
the core Equatorial zone for the tropical tuna longline and purse seine 
fisheries. The highest levels of purse seine and longline fishing 
mortality on bigeye tuna occur in this core Equatorial zone.
    The majority of fishing effort by the U.S. longline fishery 
operating out of Hawaii occurs north of 20[deg] N. in Region 2, where 
fishing mortality for bigeye is much lower than in Regions 3 and 4. 
Moreover, 98 percent of bigeye tuna caught by this fishery occurs north 
of 10[deg] N., which is an area outside of the core Equatorial zone. 
Region 2 also has the highest ratio of exploited spawning biomass to 
unexploited spawning biomass, meaning that it has the lowest

[[Page 63147]]

level of depletion because of fishing pressure.
    Fishing by Hawaii longline vessels occurs principally in Regions 2 
and 4, and the stochastic projections shown in Section 4 of the 2015 EA 
indicate that, compared to no action, the impact of transferring up to 
3,000 mt of bigeye tuna from a U.S. territory to Hawaii longline 
vessels would result in a 2.5 percent change to the ratio of bigeye 
fishing mortality (F) to fishing mortality at MSY (FMSY). 
Specifically, the analysis in the 2015 EA predicts an end to 
overfishing of bigeye by 2032 (F2032/FMSY = 0.93) 
for the alternative under which NMFS would not allow any U.S. territory 
to allocate any tuna to Hawaii longline vessels. Assuming the maximum 
utilization of territorial bigeye tuna limits and associated allocation 
limits under this action, F2032/FMSY increases 
slightly to 1.007. This mortality rate is associated with a 55 percent 
probability of overfishing and is virtually indistinguishable from the 
overfishing threshold of F/FMSY >1.0. Under this action, 
median total biomass (B) would be B2032/BMSY = 
1.510 indicating that biomass would be above the level of biomass that 
produces MSY, and is associated with a zero percent probability of 
overfishing. Taken together, the analysis indicates that the full 
utilization of territorial limits, including the transfer of up to 
3,000 mt of bigeye tuna under specified fishing arrangements, would 
have a negligible effect on the overall stock status of bigeye tuna, 
and would not impede WCPFC conservation measures to eliminate bigeye 
overfishing in the WCPO.

Comments on the Draft Supplemental Environmental Assessment

    NMFS responds to comments on the draft SEA dated June 22, 2016, as 
follows:
    Comment 1: Two commenters questioned whether the best scientific 
information available supports Senator Schatz's proposal to expand the 
Papahanaumokuakea Marine National Monument (PMNM). The commenters 
questioned whether the proposed expansion would positively benefit 
target and non-target fish stocks, promote productive fisheries outside 
the PMNM, and combat climate change. The commenters noted that the PMNM 
expansion is a foreseeable future action that is reasonably expected to 
occur, and requested that NMFS evaluate the potential direct and 
cumulative effects of the proposed expansion on Hawaii pelagic 
fisheries, and living marine resources, including coral reefs, bigeye 
tuna, other highly migratory fish stocks, sea turtles, sea birds, and 
marine mammals.
    Response: On August 26, 2016, shortly before publication of this 
final specification, President Barack Obama issued Presidential 
Proclamation 9478 (August 26, 2016, 81 FR 60225), expanding the PMNM to 
the full extent of the U.S. Exclusive Economic Zone around the 
Northwestern Hawaiian Islands west of 163[deg] W. The Proclamation 
establishes the PMNM Expansion for the protection of the objects within 
its boundaries.
    That Presidential action is separate from and is not a part of the 
current action, which specifies a 2016 catch limit for longline-caught 
bigeye tuna for participating territories and allows each territory to 
allocate a portion of that annual catch to U.S. longline fishing 
vessels. The National Environmental Policy Act requires Federal 
agencies to consider an action's cumulative effects, together with 
past, present, and reasonably foreseeable Federal, state, and private 
actions. The commenters do not specify what impacts the Proclamation 
might have that they believe should be considered in a cumulative 
effects analysis for the 2016 bigeye tuna final specifications.
    The specification of territorial longline bigeye tuna catch and 
allocation limits is an action of limited duration that will conclude 
at the end of 2016. The Proclamation has just occurred, and thus there 
is no evident useful information about the protections it affords that 
is available to inform a cumulative effects analysis. Further, in light 
of the short-term nature of the current action, the prohibition on 
commercial fishing in the recent Proclamation is not likely to have a 
cumulative effect on the availability or quantity of tuna that provides 
the basis for the 2016 specifications. NMFS has added a new section to 
this effect in the 2016 SEA (Section 2.5.4, Papahanaumokuakea Marine 
National Monument Expansion).
    Comment 2: One commenter questioned the scientific basis for 
expanding the PMNM, and noted that if the proposal has been peer 
reviewed, NMFS should also be evaluating the effects of the Rose Atoll, 
Mariana Trench, and Pacific Remote Islands Marine National Monuments on 
tuna stocks and other highly migratory species.
    Response: Like the recent Proclamation expanding the PMNM, the 
Presidential Proclamations designating the Rose Atoll (74 FR 1577, 
January 12, 2009), Mariana Trench (74 FR 1557, January 12, 2009), and 
Pacific Remote Islands Monuments (74 FR 1565, January 12, 2009; 79 FR 
58645, September 29, 2009), and implementing regulations (78 FR 32996, 
June 2, 2013) are prior Federal actions, and are not part of this 
action. Therefore, as explained in Section 3.0 (Cumulative Impacts) of 
the 2016 SEA, there is no new information on any other component of the 
environment that would affect the cumulative effects analysis contained 
in the 2015 EA.

Classification

    The Regional Administrator, NMFS PIR, determined that this action 
is necessary for the conservation and management of Pacific Island 
fishery resources, and that it is consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act and other applicable laws.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. NMFS published the factual basis for the certification in the 
proposed rule, and we do not repeat it here. NMFS received no comments 
on this certification; as a result, a regulatory flexibility analysis 
is not required, and none has been prepared.
    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.
    Pursuant to the RFA and prior to July 1, 2016, NMFS developed a 
certification for this regulatory action using SBA size standards. NMFS 
has reviewed the analyses prepared for this regulatory action in light 
of the new size standard. All of the entities directly regulated by 
this regulatory action are commercial fishing businesses and were 
considered small under the SBA size standards and, thus, they all would 
continue to be considered small under the new standard. Accordingly, 
NMFS has determined that the new size standard

[[Page 63148]]

does not affect analyses prepared for this regulatory action.
    This rule it is not subject to the 30-day delayed effectiveness 
provision of the Administrative Procedure Act pursuant to 5 U.S.C. 
553(d)(1) because it is a substantive rule that relieves a restriction. 
This rule allows all U.S. vessels identified in a valid specified 
fishing agreement to resume fishing in the WCPO after NMFS closed the 
longline fishery for bigeye tuna both there and in the EPO.
    NMFS closed the U.S. pelagic longline fishery for bigeye tuna in 
the WCPO, on July 22, 2016, because the fishery reached the 2016 catch 
limit (81 FR 45982, July 15, 2016). On July 25, 2016, NMFS also closed 
the U.S. pelagic longline fishery for bigeye tuna for vessels greater 
than 24 m in the EPO because the fishery reached the 2016 catch limit 
(81 FR 46614, July 18, 2016). This final rule would relieve the 
restriction of the fishery closure in the WCPO by allowing all U.S. 
vessels to fish for bigeye tuna in the WCPO under a valid specified 
fishing agreement with one or more U.S Pacific territory. This would 
alleviate some of the impacts to the U.S. pelagic longline fishery 
resulting from the two fishery closures, and may provide positive 
economic benefits for the fishery and associated businesses, and net 
benefits to the public and the Nation.
    This action is exempt from review under E.O. 12866 because it 
contains no implementing regulations.

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

    Dated: September 8, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-22111 Filed 9-9-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations                                              63145

                                                  List of Subjects in 48 CFR Parts 1816,                  Submission of Vouchers for Payment (Sep               Contractor shall meet the requirements of the
                                                  1832, 1842, and 1852                                    2016)                                                 appropriate payment clauses in this contract
                                                                                                             (a) The designated payment office is the           when submitting payment requests.
                                                      Government procurement.                             NASA Shared Services Center (NSSC)                       (g) In the event that amounts are withheld
                                                                                                          located at FMD Accounts Payable, Bldg.                from payment in accordance with provisions
                                                  Manuel Quinones,                                                                                              of this contract, a separate payment request
                                                                                                          1111, Jerry Hlass Road, Stennis Space Center,
                                                  NASA FAR Supplement Manager.                            MS 39529.                                             for the amount withheld will be required
                                                                                                             (b) Except for classified vouchers, the            before payment for that amount may be
                                                    Accordingly, 48 CFR parts 1816, 1832,
                                                                                                          Contractor shall submit all vouchers                  made.
                                                  1842, and 1852 are amended as follows:
                                                                                                          electronically using the steps described at           (End of clause)
                                                  ■ 1. The authority citation for parts                   NSSC’s Vendor Payment information Web
                                                  1816, 1832, and 1852 continues to read                  site at: https://www.nssc.nasa.gov/                   [FR Doc. 2016–22046 Filed 9–13–16; 8:45 am]
                                                  as follows:                                             vendorpayment. Please contact the NSSC                BILLING CODE 7510–13–P
                                                                                                          Customer Contact Center at 1–877–NSSC123
                                                    Authority: 51 U.S.C. 20113(a) and 48 CFR              (1–877–677–2123) with any additional
                                                  chapter 1.                                              questions or comments.
                                                                                                             (c) Payment requests. (1) The payment
                                                                                                                                                                DEPARTMENT OF COMMERCE
                                                  PART 1816—TYPES OF CONTRACTS                            periods designated in the payment clause(s)
                                                                                                          contained in this contract will begin on the          National Oceanic and Atmospheric
                                                  1816.307–70      [Amended]                              date a proper request for payment is received         Administration
                                                  ■ 2. Amend section 1816.307–70 by                       by the NSSC payment office specified in
                                                  removing and reserving paragraph (e).                   paragraphs (a) and (b) of this section.               50 CFR Part 665
                                                                                                          Vouchers shall be prepared in accordance
                                                                                                          with the guidance provided by the NSSC at             [Docket No. 151023986–6763–02]
                                                  PART 1832—CONTRACT FINANCING
                                                                                                          the following Web site: https://                      RIN 0648–XE284
                                                                                                          answers.nssc.nasa.gov/app/answers/detail/a_
                                                  ■ 3. Add subpart 1832.9 to read as                      id/6643.
                                                  follows:                                                                                                      Pacific Island Pelagic Fisheries; 2016
                                                                                                             (2) Vouchers shall include the items               U.S. Territorial Longline Bigeye Tuna
                                                  Subpart 1832.9—Prompt Payment                           delineated in FAR 32.905(b) supported by
                                                                                                          relevant back-up documentation. Back-up               Catch Limits
                                                  Sec.                                                    documentation shall include at a minimum,
                                                  1832.908 Contract clauses.                                                                                    AGENCY:  National Marine Fisheries
                                                                                                          the following information:
                                                  1832.908–70 Submission of Vouchers.                                                                           Service (NMFS), National Oceanic and
                                                                                                             (i) Breakdown of billed labor costs and
                                                                                                          associated contractor generated supporting            Atmospheric Administration (NOAA),
                                                  Subpart 1832.9—Prompt Payment                           documentation for billed direct labor costs to        Commerce.
                                                                                                          include rates used and number of hours                ACTION: Final specifications.
                                                  1832.908    Contract clauses.                           incurred.
                                                  1832.908–70      Submission of Vouchers.
                                                                                                             (ii) Breakdown of billed other direct costs        SUMMARY:    In this final rule, NMFS
                                                                                                          (ODCs) and associated contractor generated            specifies a 2016 limit of 2,000 mt of
                                                     Insert clause 1852.232–80,                           supporting documentation for billed ODCs.             longline-caught bigeye tuna for each
                                                  Submission of Vouchers for Payment, in                     (iii) Indirect rate(s) used to calculate the
                                                                                                                                                                U.S. participating territory (American
                                                  all cost-reimbursement solicitations and                amount of billed indirect expenses.
                                                                                                             (d) Non-electronic payment. The                    Samoa, Guam, and the Northern
                                                  contracts.                                                                                                    Mariana Islands). NMFS will allow each
                                                                                                          Contractor may submit a voucher using other
                                                                                                          than the steps described at NSSC’s Vendor             territory to allocate up to 1,000 mt each
                                                  PART 1842—CONTRACT
                                                                                                          Payment information through any of the                year to U.S. longline fishing vessels in
                                                  ADMINISTRATION AND AUDIT                                means described at https://                           a valid specified fishing agreement. As
                                                  SERVICES                                                www.nssc.nasa.gov/vendorpayment, if any of            an accountability measure, NMFS will
                                                                                                          the following conditions are met:                     monitor, attribute, and restrict (if
                                                  ■  4. The authority citation for part 1842                 (1) The Contracting Officer administering
                                                  is revised to read as follows:                          the contract for payment has determined, in           necessary), catches of longline-caught
                                                                                                          writing, that electronic submission would be          bigeye tuna, including catches made
                                                    Authority: 51 U.S.C. 20113(a) and 48 CFR                                                                    under a specified fishing agreement.
                                                                                                          unduly burdensome to the Contractor. In
                                                  chapter 1.                                                                                                    These catch limits and accountability
                                                                                                          such cases, the Contractor shall include a
                                                                                                          copy of the Contracting Officer’s                     measures support the long-term
                                                  Subpart 1842.71 [Removed and                            determination with each request for payment
                                                  Reserved]                                                                                                     sustainability of fishery resources of the
                                                                                                          when the Government-wide commercial                   U.S. Pacific Islands and fisheries
                                                                                                          purchase card is used as the method of
                                                  ■ 5. Remove and reserve subpart                         payment.
                                                                                                                                                                development in the U.S. territories.
                                                  1842.71.                                                   (2) The contract includes provision                DATES: The final specifications are
                                                                                                          allowing the contractor to submit vouchers            effective September 9, 2016, through
                                                  PART 1852—SOLICITATION                                  using other than the steps prescribed at              December 31, 2016. The deadline to
                                                  PROVISIONS AND CONTRACT                                 NSSC’s Vendor Payment information Web                 submit a specified fishing agreement
                                                  CLAUSES                                                 site. In such instances, the Contractor agrees        pursuant to 50 CFR 665.819(b)(3) for
                                                                                                          to submit non-electronic payment requests
                                                                                                          using the method or methods specified in
                                                                                                                                                                review is October 11, 2016.
                                                  1852.216–87      [Removed and Reserved]
                                                                                                          Section G of the contract.                            ADDRESSES: Copies of the Fishery
                                                  ■ 6. Remove and reserve section                            (e) Improper vouchers. The NSSC Payment            Ecosystem Plan for Pelagic Fisheries of
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  1852.216–87.                                            Office will notify the contractor of any              the Western Pacific (Pelagic FEP) are
                                                                                                          apparent error, defect, or impropriety in a           available from the Western Pacific
                                                  ■ 7. Add section 1852.232–80 to read as
                                                                                                          voucher within seven calendar days of                 Fishery Management Council (Council),
                                                  follows:                                                receipt by the NSSC Payment Office.
                                                                                                          Inquiries regarding requests for payment
                                                                                                                                                                1164 Bishop St., Suite 1400, Honolulu,
                                                  1852.232–80      Submission of Vouchers for                                                                   HI 96813, tel. 808–522–8220, fax 808–
                                                  Payment.                                                should be directed to the NSSC as specified
                                                                                                          in paragraph (b) of this section.                     522–8226, or www.wpcouncil.org.
                                                    As prescribed in 1832.908–70, insert                     (f) Other payment clauses. In addition to             NMFS prepared environmental
                                                  the following clause:                                   the requirements of this clause, the                  analyses that describe the potential


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                                                  63146        Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations

                                                  impacts on the human environment that                   proposed specifications and the July 22,              overfishing on bigeye tuna. We also
                                                  would result from the action. Copies of                 2016, draft of the SEA.                               anticipate that this action may provide
                                                  the environmental analyses, which                                                                             some stability to bigeye tuna markets,
                                                                                                          Comments on the Proposed
                                                  include a 2015 environmental                                                                                  some positive economic benefits for the
                                                                                                          Specifications
                                                  assessment (EA), a 2016 supplemental                                                                          fishery and associated businesses, and
                                                  EA (2016 SEA), and a finding of no                         NMFS responds to comments on the                   net benefits to the Nation.
                                                  significant impact, identified by NOAA–                 proposed specifications, as follows:                     Comment 3: One commenter
                                                  NMFS–2015–0140, are available from                         Comment 1: Several commenters                      expressed concern that the proposed
                                                  www.regulations.gov/                                    expressed general support for the action              action could be detrimental to the
                                                  #!docketDetail;D=NOAA-NMFS-2015-                        and the thorough and objective                        Hawaiian bigeye tuna population
                                                  0140, or from Michael D. Tosatto,                       assessment of the potential impacts of                because the amount of bigeye tuna
                                                  Regional Administrator, NMFS Pacific                    the action.                                           removed from Hawaiian waters could
                                                  Islands Region (PIR), 1845 Wasp Blvd.,                     Response: NMFS acknowledges the                    potentially increase by 3,000 mt.
                                                  Bldg. 176, Honolulu, HI 96818.                          comments.                                                Response: Based on the best scientific
                                                                                                             Comment 2: One commenter noted                     information available described in
                                                  FOR FURTHER INFORMATION CONTACT:                        the action supports opportunities that                Section 3.3.1 of the 2015 EA, NMFS
                                                  Jarad Makaiau, NMFS PIRO Sustainable                    promote U.S. fishermen supplying                      disagrees that this action will result in
                                                  Fisheries, 808–725–5176.                                seafood markets, and is consistent with               localized or regional depletion of tuna
                                                  SUPPLEMENTARY INFORMATION:       NMFS is                Federal regulations implementing                      stocks. Hawaii does not have a distinct
                                                  specifying a catch limit of 2,000 mt of                 Amendment 7 to the Pelagic FEP and                    bigeye tuna population. Bigeye tuna is
                                                  longline-caught bigeye tuna for each                    the recent decision of the United States              a highly migratory species and
                                                                                                          District Court of Hawaii (Conservation                considered by stock assessment
                                                  U.S. participating territory in 2016.
                                                                                                          Council for Hawaii v. NMFS, NO. CV                    scientists as a single Pacific-wide
                                                  NMFS is also authorizing each U.S.
                                                                                                          14–00528 LEK–RLP, 2015 WL 9459899                     population. However, the stock is
                                                  Pacific territory to allocate up to 1,000
                                                                                                          (D. Haw. 2015)).                                      assessed as two separate stocks for
                                                  mt of its 2,000-mt bigeye tuna limit to                    Response: NMFS agrees. In November
                                                  U.S. longline fishing vessels permitted                                                                       international management purposes,
                                                                                                          of 2014, Plaintiffs Conservation Council              with a western and central Pacific
                                                  to fish under the Pelagic FEP. NMFS                     of Hawaii, Turtle Island Restoration
                                                  will monitor catches of longline-caught                                                                       Ocean (WCPO) stock managed by the
                                                                                                          Network, and Center for Biological                    WCPFC and an eastern Pacific Ocean
                                                  bigeye tuna by the longline fisheries of                Diversity, filed a civil action in the U.S.
                                                  each U.S Pacific territory, including                                                                         (EPO) stock managed by the Inter-
                                                                                                          District Court of Hawaii (CA 14–00528)                American Tropical Tuna Commission
                                                  catches made by U.S. longline vessels                   seeking declaratory and injunctive relief
                                                  operating under specified fishing                                                                             (IATTC).
                                                                                                          to set aside NOAA’s October 28, 2014,                    As described in the 2015 EA, the most
                                                  agreements. The criteria that a specified               final rule implementing Amendment 7,
                                                  fishing agreement must meet, and the                                                                          recent 2014 WCPO bigeye assessment
                                                                                                          and the 2014 bigeye tuna catch and                    utilizes a spatially disaggregated
                                                  process for attributing longline-caught                 allocation limit specifications (79 FR
                                                  bigeye tuna, will follow the procedures                                                                       MULTIFAN–CL model that separates
                                                                                                          64097, October 28, 2014). The final rule              the WCPO into nine regions. The
                                                  in 50 CFR 665.819—Territorial catch                     established the framework process (50
                                                  and fishing effort limits. When NMFS                                                                          Hawaiian Archipelago is located mostly
                                                                                                          CFR 665.819) under which the Council                  in Region 2, with a small portion within
                                                  projects that a territorial catch or                    may recommend, and NOAA may                           Region 4. Regions 2 and 4 share
                                                  allocation limit will be reached, NMFS                  approve, longline limits for each U.S.                longitudinal boundaries of 170° E. and
                                                  will, as an accountability measure,                     Pacific territory. The rule also allows               150° W., but are latitudinal separated at
                                                  prohibit the catch and retention of                     each territory to allocate a portion of the           20° N. The 2014 WCPO bigeye stock
                                                  longline-caught bigeye tuna by vessels                  limit to qualifying pelagic permit-                   assessment showed that the regions
                                                  in the applicable territory (territorial                holders through specified fishing                     with the highest impact to bigeye tuna
                                                  catch limit), and/or vessels in a                       agreements, consistent with the                       in the WCPO were Regions 3 and 4—
                                                  specified fishing agreement (allocation                 conservation needs of the stock and                   representing 88 percent of bigeye tuna
                                                  limit).                                                 applicable Western and Central Pacific                fishing mortality. Regions 3 and 4
                                                     You may find additional background                   Fisheries Commission (WCPFC)                          comprise the tropical Equatorial zone
                                                  information on this action in the                       decisions. In December 2015, the U.S.                 between 20° N. and 10° S., within which
                                                  preamble to the proposed specifications                 District Court of Hawaii upheld the final             the area between 10° N. and 10° S. is
                                                  published on July 7, 2016 (81 FR                        rule implementing Amendment 7,                        distinguished as the core Equatorial
                                                  44249).                                                 finding that the final rule was consistent            zone for the tropical tuna longline and
                                                  Comments and Responses                                  with WCPFC conservation and                           purse seine fisheries. The highest levels
                                                                                                          management decisions, and was not                     of purse seine and longline fishing
                                                     On July 7, 2016, NMFS published the                  contrary to law.                                      mortality on bigeye tuna occur in this
                                                  proposed specifications and request for                    Consistent with Amendment 7, NMFS                  core Equatorial zone.
                                                  public comments (81 FR 44249); the                      will establish a limit of 2,000 mt of                    The majority of fishing effort by the
                                                  comment period closed on July 22,                       bigeye tuna for each U.S. Pacific                     U.S. longline fishery operating out of
                                                  2016. NMFS received five comments on                    territory for calendar year 2016. NMFS                Hawaii occurs north of 20° N. in Region
                                                  the proposed specifications and on a                    will also allow each territory to allocate            2, where fishing mortality for bigeye is
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                                                  draft of the SEA dated June 22, 2016,                   through specified fishing agreements up               much lower than in Regions 3 and 4.
                                                  with comments submitted by                              to 1,000 mt of its 2,000-mt bigeye tuna               Moreover, 98 percent of bigeye tuna
                                                  individuals, the fishing industry, and                  limit to U.S. fishing vessels permitted               caught by this fishery occurs north of
                                                  non-governmental organizations. NMFS                    under the Pelagic FEP. As documented                  10° N., which is an area outside of the
                                                  considered public comments in                           in the 2015 EA and the 2016 SEA,                      core Equatorial zone. Region 2 also has
                                                  finalizing the 2016 SEA and in making                   NMFS is satisfied that this action would              the highest ratio of exploited spawning
                                                  its decision on this action. NMFS                       not impede WCPFC conservation and                     biomass to unexploited spawning
                                                  responds below to comments on the                       management objectives to eliminate                    biomass, meaning that it has the lowest


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                                                               Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations                                        63147

                                                  level of depletion because of fishing                   sea turtles, sea birds, and marine                    January 12, 2009; 79 FR 58645,
                                                  pressure.                                               mammals.                                              September 29, 2009), and implementing
                                                     Fishing by Hawaii longline vessels                      Response: On August 26, 2016,                      regulations (78 FR 32996, June 2, 2013)
                                                  occurs principally in Regions 2 and 4,                  shortly before publication of this final              are prior Federal actions, and are not
                                                  and the stochastic projections shown in                 specification, President Barack Obama                 part of this action. Therefore, as
                                                  Section 4 of the 2015 EA indicate that,                 issued Presidential Proclamation 9478                 explained in Section 3.0 (Cumulative
                                                  compared to no action, the impact of                    (August 26, 2016, 81 FR 60225),                       Impacts) of the 2016 SEA, there is no
                                                  transferring up to 3,000 mt of bigeye                   expanding the PMNM to the full extent                 new information on any other
                                                  tuna from a U.S. territory to Hawaii                    of the U.S. Exclusive Economic Zone                   component of the environment that
                                                  longline vessels would result in a 2.5                  around the Northwestern Hawaiian                      would affect the cumulative effects
                                                  percent change to the ratio of bigeye                   Islands west of 163° W. The                           analysis contained in the 2015 EA.
                                                  fishing mortality (F) to fishing mortality              Proclamation establishes the PMNM
                                                  at MSY (FMSY). Specifically, the analysis               Expansion for the protection of the                   Classification
                                                  in the 2015 EA predicts an end to                       objects within its boundaries.                           The Regional Administrator, NMFS
                                                  overfishing of bigeye by 2032 (F2032/                      That Presidential action is separate               PIR, determined that this action is
                                                  FMSY = 0.93) for the alternative under                  from and is not a part of the current                 necessary for the conservation and
                                                  which NMFS would not allow any U.S.                     action, which specifies a 2016 catch                  management of Pacific Island fishery
                                                  territory to allocate any tuna to Hawaii                limit for longline-caught bigeye tuna for             resources, and that it is consistent with
                                                  longline vessels. Assuming the                          participating territories and allows each             the Magnuson-Stevens Fishery
                                                  maximum utilization of territorial                      territory to allocate a portion of that               Conservation and Management Act and
                                                  bigeye tuna limits and associated                       annual catch to U.S. longline fishing                 other applicable laws.
                                                  allocation limits under this action,                    vessels. The National Environmental                      The Chief Counsel for Regulation of
                                                  F2032/FMSY increases slightly to 1.007.                 Policy Act requires Federal agencies to               the Department of Commerce certified
                                                  This mortality rate is associated with a                consider an action’s cumulative effects,              to the Chief Counsel for Advocacy of the
                                                  55 percent probability of overfishing                   together with past, present, and                      Small Business Administration during
                                                  and is virtually indistinguishable from                 reasonably foreseeable Federal, state,                the proposed rule stage that this action
                                                  the overfishing threshold of F/FMSY                     and private actions. The commenters do                would not have a significant economic
                                                  >1.0. Under this action, median total                   not specify what impacts the                          impact on a substantial number of small
                                                  biomass (B) would be B2032/BMSY =                       Proclamation might have that they                     entities. NMFS published the factual
                                                  1.510 indicating that biomass would be                  believe should be considered in a                     basis for the certification in the
                                                  above the level of biomass that produces                cumulative effects analysis for the 2016              proposed rule, and we do not repeat it
                                                  MSY, and is associated with a zero                      bigeye tuna final specifications.                     here. NMFS received no comments on
                                                  percent probability of overfishing.                        The specification of territorial                   this certification; as a result, a
                                                  Taken together, the analysis indicates                  longline bigeye tuna catch and                        regulatory flexibility analysis is not
                                                  that the full utilization of territorial                allocation limits is an action of limited             required, and none has been prepared.
                                                  limits, including the transfer of up to                 duration that will conclude at the end                   On December 29, 2015, NMFS issued
                                                  3,000 mt of bigeye tuna under specified                 of 2016. The Proclamation has just                    a final rule establishing a small business
                                                  fishing arrangements, would have a                      occurred, and thus there is no evident                size standard of $11 million in annual
                                                  negligible effect on the overall stock                  useful information about the protections              gross receipts for all businesses
                                                  status of bigeye tuna, and would not                    it affords that is available to inform a              primarily engaged in the commercial
                                                  impede WCPFC conservation measures                      cumulative effects analysis. Further, in              fishing industry (NAICS 11411) for
                                                  to eliminate bigeye overfishing in the                  light of the short-term nature of the                 Regulatory Flexibility Act (RFA)
                                                  WCPO.                                                   current action, the prohibition on                    compliance purposes only (80 FR
                                                                                                          commercial fishing in the recent                      81194, December 29, 2015). The $11
                                                  Comments on the Draft Supplemental                      Proclamation is not likely to have a                  million standard became effective on
                                                  Environmental Assessment                                cumulative effect on the availability or              July 1, 2016, and is to be used in place
                                                    NMFS responds to comments on the                      quantity of tuna that provides the basis              of the U.S. Small Business
                                                  draft SEA dated June 22, 2016, as                       for the 2016 specifications. NMFS has                 Administration’s (SBA) current
                                                  follows:                                                added a new section to this effect in the             standards of $20.5 million, $5.5 million,
                                                    Comment 1: Two commenters                             2016 SEA (Section 2.5.4,                              and $7.5 million for the finfish (NAICS
                                                  questioned whether the best scientific                  Papahanaumokuakea Marine National                     114111), shellfish (NAICS 114112), and
                                                  information available supports Senator                  Monument Expansion).                                  other marine fishing (NAICS 114119)
                                                  Schatz’s proposal to expand the                            Comment 2: One commenter                           sectors of the U.S. commercial fishing
                                                  Papahanaumokuakea Marine National                       questioned the scientific basis for                   industry in all NMFS rules subject to
                                                  Monument (PMNM). The commenters                         expanding the PMNM, and noted that if                 the RFA after July 1, 2016.
                                                  questioned whether the proposed                         the proposal has been peer reviewed,                     Pursuant to the RFA and prior to July
                                                  expansion would positively benefit                      NMFS should also be evaluating the                    1, 2016, NMFS developed a certification
                                                  target and non-target fish stocks,                      effects of the Rose Atoll, Mariana                    for this regulatory action using SBA size
                                                  promote productive fisheries outside the                Trench, and Pacific Remote Islands                    standards. NMFS has reviewed the
                                                  PMNM, and combat climate change. The                    Marine National Monuments on tuna                     analyses prepared for this regulatory
                                                  commenters noted that the PMNM                          stocks and other highly migratory                     action in light of the new size standard.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  expansion is a foreseeable future action                species.                                              All of the entities directly regulated by
                                                  that is reasonably expected to occur,                      Response: Like the recent                          this regulatory action are commercial
                                                  and requested that NMFS evaluate the                    Proclamation expanding the PMNM, the                  fishing businesses and were considered
                                                  potential direct and cumulative effects                 Presidential Proclamations designating                small under the SBA size standards and,
                                                  of the proposed expansion on Hawaii                     the Rose Atoll (74 FR 1577, January 12,               thus, they all would continue to be
                                                  pelagic fisheries, and living marine                    2009), Mariana Trench (74 FR 1557,                    considered small under the new
                                                  resources, including coral reefs, bigeye                January 12, 2009), and Pacific Remote                 standard. Accordingly, NMFS has
                                                  tuna, other highly migratory fish stocks,               Islands Monuments (74 FR 1565,                        determined that the new size standard


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                                                  63148        Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations

                                                  does not affect analyses prepared for                   fishery reached the 2016 catch limit (81              and may provide positive economic
                                                  this regulatory action.                                 FR 45982, July 15, 2016). On July 25,                 benefits for the fishery and associated
                                                     This rule it is not subject to the 30-               2016, NMFS also closed the U.S. pelagic               businesses, and net benefits to the
                                                  day delayed effectiveness provision of                  longline fishery for bigeye tuna for                  public and the Nation.
                                                  the Administrative Procedure Act                        vessels greater than 24 m in the EPO                    This action is exempt from review
                                                  pursuant to 5 U.S.C. 553(d)(1) because                  because the fishery reached the 2016                  under E.O. 12866 because it contains no
                                                  it is a substantive rule that relieves a                catch limit (81 FR 46614, July 18, 2016).             implementing regulations.
                                                  restriction. This rule allows all U.S.                  This final rule would relieve the
                                                                                                                                                                  Authority: 16 U.S.C. 1801 et seq.
                                                  vessels identified in a valid specified                 restriction of the fishery closure in the
                                                  fishing agreement to resume fishing in                  WCPO by allowing all U.S. vessels to                    Dated: September 8, 2016.
                                                  the WCPO after NMFS closed the                          fish for bigeye tuna in the WCPO under                Samuel D. Rauch III,
                                                  longline fishery for bigeye tuna both                   a valid specified fishing agreement with              Deputy Assistant Administrator for
                                                  there and in the EPO.                                   one or more U.S Pacific territory. This               Regulatory Programs, National Marine
                                                     NMFS closed the U.S. pelagic                         would alleviate some of the impacts to                Fisheries Service.
                                                  longline fishery for bigeye tuna in the                 the U.S. pelagic longline fishery                     [FR Doc. 2016–22111 Filed 9–9–16; 4:15 pm]
                                                  WCPO, on July 22, 2016, because the                     resulting from the two fishery closures,              BILLING CODE 3510–22–P
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Document Created: 2016-09-14 02:27:14
Document Modified: 2016-09-14 02:27:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal specifications.
DatesThe final specifications are effective September 9, 2016, through December 31, 2016. The deadline to submit a specified fishing agreement pursuant to 50 CFR 665.819(b)(3) for review is October 11, 2016.
ContactJarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176.
FR Citation81 FR 63145 
RIN Number0648-XE28

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