83 FR 39037 - Pacific Island Pelagic Fisheries; 2018 U.S. Territorial Longline Bigeye Tuna Catch Limits
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 153 (August 8, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 153 (August 8, 2018)
| Page Range | 39037-39039 | |
| FR Document | 2018-16883 |
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)] [Proposed Rules] [Pages 39037-39039] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16883] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 180208146-8690-01] RIN 0648-XG025 Pacific Island Pelagic Fisheries; 2018 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 2018 limit of 2,000 metric tons (t) of longline-caught bigeye tuna for each U.S. Pacific territory (American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI)). NMFS would allow each territory to allocate up to 1,000 t 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 August 23, 2018. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2018-0026, 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-2018-0026, 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 http://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). FOR FURTHER INFORMATION CONTACT: Rebecca Walker, NMFS PIRO Sustainable Fisheries, 808-725-5184. SUPPLEMENTARY INFORMATION: NMFS proposes to specify a 2018 catch limit of 2,000 t of longline-caught bigeye tuna for each U.S. Pacific territory. NMFS would also authorize each U.S. Pacific territory to allocate up to 1,000 t of its 2,000 t 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 [[Page 39038]] the applicable territory. The Western Pacific Fishery Management Council recommended these specifications. The proposed catch and allocation limits and accountability measures are identical to those specified for U.S. territories in each year since 2014 (for the most recent example, see 82 FR 47642, October 13, 2017). NMFS will monitor catches of longline-caught bigeye tuna by the longline fisheries of each U.S Pacific territory, including catches made by U.S. longline vessels operating under specified fishing agreements. The criteria that a specified fishing agreement must meet, and the process for attributing longline-caught bigeye tuna, will follow the procedures in 50 CFR 665.819. When NMFS projects that 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. On March 20, 2017, in Territory of American Samoa v. NMFS, et al. (16-cv-95, D. Haw), a federal judge set aside a NMFS rule that amended the American Samoa Large Vessel Prohibited Area (LVPA) for eligible longliners because it did not consider under the Deeds of Cession the protection of cultural fishing in American Samoa. NMFS is appealing this decision. However, NMFS invites public comments that address the impact of this proposed rule on cultural fishing in American Samoa. NMFS must receive any comments on this rule 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 existing management measures will continue to apply in the longline fishery. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the NMFS Assistant Administrator for Fisheries has determined that this proposed specification is consistent with the FEP, 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. The proposed action would specify a 2018 limit of 2,000 t of longline-caught bigeye tuna for American Samoa, Guam, and the CNMI. NMFS would also allow each territory to allocate up to 1,000 t of its 2,000 t limit 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 FEP, specifically Hawaii, American Samoa, and Western Pacific longline permit holders. As of May 2018, 145 vessels had Hawaii permits and 47 had American Samoa permits. No Western Pacific general permit has been issued since 2011. Based on dealer data collected by the State of Hawaii, Hawaii longline vessels landed approximately 32.75 million pounds (lb) of pelagic fish valued at $101.6 million in 2017. With 145 vessels making either a deep- or shallow-set trip in 2017, the ex-vessel value of pelagic fish caught by Hawaii-based longline fisheries averaged almost $701,000 per vessel. In 2016, American Samoa-based longline vessels landed approximately 4.5 million lb of pelagic fish valued at $4.7 million, where albacore made up the largest proportion of pelagic longline commercial landings at 3.35 million lb. With 18 active longline vessels in 2016, the ex-vessel value of pelagic fish caught by American Samoa fishery averaged about $261,111 per vessel. NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. Based on available information, NMFS has determined that all vessels permitted federally under the 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 the Hawaii longline fishermen by allowing them to fish under specified fishing agreements with a territory, which could extend fishing effort for bigeye tuna in the western Pacific and provide more bigeye tuna for markets in Hawaii and elsewhere. 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 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 2017, all dual American Samoa/Hawaii longline permitted vessels were included in the fishing agreement with the CNMI and American Samoa. Therefore, NMFS attributed bigeye catches by those vessels to the two territories. The 2018 U.S. bigeye tuna catch limit is 3,554 t, which is the same limit in place for 2016 and higher than the limit for 2017. NMFS established this limit through a separate action (83 FR 33851, July 17, 2018). Based on preliminary logbook data, NMFS expects the fishery to reach this limit by mid-October 2018. Through this action, Hawaii-based longline vessels could 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 after reaching the 2018 U.S. limit and provide more bigeye tuna for markets in Hawaii. Providing opportunity to land [[Page 39039]] 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. Establishing a 2,000 t longline limit for bigeye tuna where territories are not subject to Western and Central Pacific Fisheries Commission longline limits is not expected 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 t, 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. With regard to Guam and the CNMI, no longline fishing has occurred since 2011. Under the proposed action, longline fisheries managed under the 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 E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 2, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-16883 Filed 8-7-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 39037
the existing Delaware SIP is adequate to • Is not an economically significant caught bigeye tuna for each U.S. Pacific
prevent sources in Delaware from regulatory action based on health or territory (American Samoa, Guam, and
significantly contributing to safety risks subject to Executive Order the Commonwealth of the Northern
nonattainment or interfering with 13045 (62 FR 19885, April 23, 1997); Mariana Islands (CNMI)). NMFS would
maintenance in another state with • Is not a significant regulatory action allow each territory to allocate up to
respect to the 2010 1-hour SO2 NAAQS. subject to Executive Order 13211 (66 FR 1,000 t each year to U.S. longline fishing
A detailed summary of EPA’s review 28355, May 22, 2001); vessels in a specified fishing agreement
and rationale for proposed approval of • Is not subject to requirements of that meets established criteria. As an
this SIP revision as meeting CAA Section 12(d) of the National accountability measure, NMFS would
section 110(a)(2)(D)(i)(I) for the 2010 1- Technology Transfer and Advancement monitor, attribute, and restrict (if
hour SO2 NAAQS may be found in the Act of 1995 (15 U.S.C. 272 note) because necessary) catches of longline-caught
TSD. application of those requirements would bigeye tuna, including catches made
be inconsistent with the CAA; and under a specified fishing agreement.
III. Proposed Action • Does not provide EPA with the The proposed catch limits and
EPA is proposing to approve the discretionary authority to address, as accountability measures would support
portions of Delaware’s May 29, 2013 SIP appropriate, disproportionate human the long-term sustainability of fishery
revision addressing interstate transport health or environmental effects, using resources of the U.S. Pacific Islands.
for the 2010 1-hr SO2 NAAQS as these practicable and legally permissible DATES: NMFS must receive comments
portions meet the requirements in methods, under Executive Order 12898 by August 23, 2018.
section 110(a)(2)(D)(i)(I) of the CAA. (59 FR 7629, February 16, 1994). ADDRESSES: You may submit comments
EPA is soliciting public comments on In addition, this proposed rule, on this document, identified by NOAA–
the issues discussed in this document. addressing Delaware’s interstate NMFS–2018–0026, by either of the
These comments will be considered transport requirements for the 2010 1- following methods:
before taking final action. hour SO2 NAAQS, does not have tribal • Electronic Submission: Submit all
IV. Statutory and Executive Order implications as specified by Executive electronic public comments via the
Reviews Order 13175 (65 FR 67249, November 9, Federal e-Rulemaking Portal. Go to
2000), because the SIP is not approved http://www.regulations.gov/
Under the CAA, the Administrator is to apply in Indian country located in the #!docketDetail;D=NOAA-NMFS-2018-
required to approve a SIP submission state, and EPA notes that it will not 0026, click the ‘‘Comment Now!’’ icon,
that complies with the provisions of the impose substantial direct costs on tribal complete the required fields, and enter
CAA and applicable federal regulations. governments or preempt tribal law. or attach your comments.
42 U.S.C. 7410(k); 40 CFR 52.02(a). • Mail: Send written comments to
Thus, in reviewing SIP submissions, List of Subjects in 40 CFR Part 52
Michael D. Tosatto, Regional
EPA’s role is to approve state choices, Environmental protection, Air Administrator, NMFS Pacific Islands
provided that they meet the criteria of pollution control, Incorporation by Region (PIR), 1845 Wasp Blvd., Bldg.
the CAA. Accordingly, this action reference, Reporting and recordkeeping 176, Honolulu, HI 96818.
merely approves state law as meeting requirements, Sulfur oxides. Instructions: Comments sent by any
federal requirements and does not other method, to any other address or
impose additional requirements beyond Authority: 42 U.S.C. 7401 et seq.
individual, or received after the end of
those imposed by state law. For that Dated: July 12, 2018. the comment period, may not be
reason, this proposed action: Cosmo Servidio, considered by NMFS. All comments
• Is not a ‘‘significant regulatory Regional Administrator, Region III. received are a part of the public record
action’’ subject to review by the Office and will generally be posted for public
[FR Doc. 2018–16796 Filed 8–7–18; 8:45 am]
of Management and Budget under viewing on http://www.regulations.gov
BILLING CODE 6560–50–P
Executive Orders 12866 (58 FR 51735, without change. All personal identifying
October 4, 1993) and 13563 (76 FR 3821, information (e.g., name, address, etc.),
January 21, 2011); confidential business information, or
• Is not an Executive Order 13771 (82 DEPARTMENT OF COMMERCE
otherwise sensitive information
FR 9339, February 2, 2017) regulatory
National Oceanic and Atmospheric submitted voluntarily by the sender will
action because SIP approvals are
Administration be publicly accessible. NMFS will
exempted under Executive Order 12866.
accept anonymous comments (enter
• Does not impose an information
50 CFR Part 665 ‘‘N/A’’ in the required fields if you wish
collection burden under the provisions
to remain anonymous).
of the Paperwork Reduction Act (44 [Docket No. 180208146–8690–01]
U.S.C. 3501 et seq.); FOR FURTHER INFORMATION CONTACT:
RIN 0648–XG025 Rebecca Walker, NMFS PIRO
• Is certified as not having a
significant economic impact on a Sustainable Fisheries, 808–725–5184.
Pacific Island Pelagic Fisheries; 2018
substantial number of small entities SUPPLEMENTARY INFORMATION: NMFS
U.S. Territorial Longline Bigeye Tuna
under the Regulatory Flexibility Act (5 proposes to specify a 2018 catch limit of
Catch Limits
U.S.C. 601 et seq.); 2,000 t of longline-caught bigeye tuna
• Does not contain any unfunded AGENCY: National Marine Fisheries for each U.S. Pacific territory. NMFS
amozie on DSK3GDR082PROD with PROPOSALS
mandate or significantly or uniquely Service (NMFS), National Oceanic and would also authorize each U.S. Pacific
affect small governments, as described Atmospheric Administration (NOAA), territory to allocate up to 1,000 t of its
in the Unfunded Mandates Reform Act Commerce. 2,000 t bigeye tuna limit to U.S. longline
of 1995 (Pub. L. 104–4); ACTION: Proposed specifications; request fishing vessels that are permitted to fish
• Does not have federalism for comments. under the Fishery Ecosystem Plan for
implications as specified in Executive Pelagic Fisheries of the Western Pacific
Order 13132 (64 FR 43255, August 10, SUMMARY: NMFS proposes a 2018 limit (FEP). Those vessels must be identified
1999); of 2,000 metric tons (t) of longline- in a specified fishing agreement with
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![Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 39039
bigeye tuna in Hawaii in the last quarter Dated: August 2, 2018. period. All comments received are a
of the year when market demand is high Samuel D. Rauch III, part of the public record, and NMFS
will result in positive economic benefits Deputy Assistant Administrator for will generally post them for public
for fishery participants and net benefits Regulatory Programs, National Marine viewing on www.regulations.gov
to the nation. Allowing participating Fisheries Service. without change. All personal identifying
territories to enter into specified fishing [FR Doc. 2018–16883 Filed 8–7–18; 8:45 am] information (e.g., name, address, etc.),
agreements under this action provides BILLING CODE 3510–22–P confidential business information, or
benefits to the territories by providing otherwise sensitive information
funds for territorial fisheries submitted voluntarily by the sender will
DEPARTMENT OF COMMERCE be publicly accessible. NMFS will
development projects. Establishing a
2,000 t longline limit for bigeye tuna accept anonymous comments (enter
National Oceanic and Atmospheric ‘‘N/A’’ in the required fields if you wish
where territories are not subject to Administration to remain anonymous).
Western and Central Pacific Fisheries
Commission longline limits is not The Council prepared Amendment 4
50 CFR Part 665
expected to adversely affect vessels to the American Samoa FEP,
based in the territories.
RIN 0648–BH63 Amendment 5 to the Marianas FEP, and
Amendment 5 to the Hawaii FEP. Those
Historical catch of bigeye tuna by the Pacific Island Fisheries; Ecosystem amendments, available as a single
American Samoa longline fleet has been Component Species document, include an environmental
less than 2,000 t, even including the AGENCY: National Marine Fisheries assessment (EA). Copies of the
catch of vessels based in American Service (NMFS), National Oceanic and amendments and EA, and other
Samoa, catch by dual permitted vessels Atmospheric Administration (NOAA), supporting documents are available at
that land their catch in Hawaii, and Commerce. https://www.regulations.gov or the
catch attributed to American Samoa ACTION: Notice of availability of fishery Council, 1164 Bishop St., Suite 1400,
from U.S. vessels under specified ecosystem plan amendments; request for Honolulu, HI 96813, tel 808–522–8220,
fishing agreements. With regard to comments. fax 808–522–8226, www.wpcouncil.org.
Guam and the CNMI, no longline fishing FOR FURTHER INFORMATION CONTACT:
has occurred since 2011. SUMMARY: NMFS announces that the Sarah Ellgen, Sustainable Fisheries,
Western Pacific Fishery Management NMFS PIR, 808–725–5173.
Under the proposed action, longline
Council (Council) proposes to amend
fisheries managed under the FEP are not SUPPLEMENTARY INFORMATION: The
the Fishery Ecosystem Plans (FEP) for
expected to expand substantially nor Council established the FEPs for
American Samoa, the Mariana
change the manner in which they are Archipelago, and Hawaii. Amendment 4 American Samoa, the Mariana
currently conducted, (i.e., area fished, to the American Samoa FEP, Archipelago, and Hawaii to conserve
number of vessels longline fishing, Amendment 5 to the Marianas FEP, and and manage fisheries in the US
number of trips taken per year, number Amendment 5 to the Hawaii FEP would Exclusive Economic Zone (Federal
of hooks set per vessel during a trip, reclassify certain management unit waters) in the Pacific Islands. The
depth of hooks, or deployment species as ecosystem component Council developed the FEPs, and NMFS
techniques in setting longline gear), due species. The intent of these amendments implemented the associated regulations,
to existing operational constraints in the is to focus management efforts on under the authority of the Magnuson-
fleet, the limited entry permit programs, species that are in need of conservation Stevens Fishery Conservation and
and protected species mitigation and management, and improve Management Act (Magnuson-Stevens
requirements. The proposed rule does efficiency of fishery management in the Act).
not duplicate, overlap, or conflict with region. Under the National Standard
other Federal rules and is not expected DATES: NMFS must receive comments guidelines (50 CFR 600.305 and
to have significant impact on small on the proposed amendments by 600.310) for the Magnuson-Stevens Act,
organizations or government October 9, 2018. the Council and NMFS manage any fish
jurisdictions. Furthermore, there would ADDRESSES: You may submit comments species or stock that generally is a target
be little, if any, disproportionate adverse on this document, identified by NOAA– of a Federal fishery and caught
economic impacts from the proposed NMFS–2018–0021, by either of the predominantly in Federal waters.
rule based on gear type, or relative following methods: Councils develop fishery management
vessel size. The proposed rule also will • Electronic Submission: Submit all plans for these species (known as
not place a substantial number of small electronic public comments via the management unit species (MUS) that
entities, or any segment of small Federal e-Rulemaking Portal. Go to describe the fisheries, essential fish
http://www.regulations.gov/ habitat (EFH), the scientific data
entities, at a significant competitive
#!docketDetail;D=NOAA-NMFS-2018- required for effective implementation of
disadvantage to large entities.
0021, click the ‘‘Comment Now!’’ icon, the plan, the data that should be
For the reasons above, NMFS does not complete the required fields, and enter collected from the fisheries, and other
expect the proposed action to have a or attach your comments. required elements. The FEPs specify
significant economic impact on a • Mail: Send written comments to maximum sustainable yield, optimum
amozie on DSK3GDR082PROD with PROPOSALS
substantial number of small entities. As Michael D. Tosatto, Regional yield, and status determination criteria
such, an initial regulatory flexibility Administrator, NMFS Pacific Islands so that overfishing and overfished
analysis is not required and none has Region (PIR), 1845 Wasp Blvd., Bldg. determinations can be made. The
been prepared. 176, Honolulu, HI 96818. Council and NMFS are also required to
This action is exempt from review Instructions: NMFS may not consider set annual catch limits (ACL) and
under E.O. 12866. comments sent by any other method, to accountability measures (AM) for all
any other address or individual, or MUS, and the FEPs describe the process
Authority: 16 U.S.C. 1801 et seq. received after the end of the comment for specifying ACLs and AMs.
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Document Created: 2018-08-08 02:05:37
Document Modified: 2018-08-08 02:05:37
| 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 August 23, 2018. | |
| Contact | Rebecca Walker, NMFS PIRO Sustainable Fisheries, 808-725-5184. | |
| FR Citation | 83 FR 39037 | |
| RIN Number | 0648-XG02 |
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