Rule2021-21662
Pacific Island Fisheries; Modifications to the American Samoa Longline Fishery Limited Entry Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 7, 2021
Effective
November 8, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule implements Amendment 9 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP). It modifies the American Samoa longline fishery limited entry program to consolidate vessel class sizes, modify permit eligibility requirements, and reduce the minimum harvest requirements for small vessels. This final rule also makes several housekeeping changes to the program's regulations. The intent of this rule is to reduce regulatory barriers that may be limiting small vessel participation in the fishery, and provide for sustained community and American Samoan participation in the fishery.
Full Text
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<title>Federal Register, Volume 86 Issue 192 (Thursday, October 7, 2021)</title>
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[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Rules and Regulations]
[Pages 55743-55746]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21662]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 210929-0200]
RIN 0648-BH65
Pacific Island Fisheries; Modifications to the American Samoa
Longline Fishery Limited Entry Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule implements Amendment 9 to the Fishery
Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP). It
modifies the American Samoa longline fishery limited entry program to
consolidate vessel class sizes, modify permit eligibility requirements,
and reduce the minimum harvest requirements for small vessels. This
final rule also makes several housekeeping changes to the program's
regulations. The intent of this rule is to reduce regulatory barriers
that may be limiting small vessel participation in the fishery, and
provide for sustained community and American Samoan participation in
the fishery.
DATES: The final rule is effective November 8, 2021.
ADDRESSES: Copies of Amendment 9, including an environmental analysis
and Regulatory Impact Review, and other supporting documents for this
action are available at <a href="https://www.regulations.gov/document/NOAA-NMFS-2018-0023-0001">https://www.regulations.gov/document/NOAA-NMFS-2018-0023-0001</a>.
Written comments and recommendations for the information collection
contained in this final rule may be submitted to Michael D. Tosatto,
Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp
Blvd., Bldg. 176, Honolulu, HI 96818, and to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
[[Page 55744]]
FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIR Sustainable
Fisheries, 808-725-5182.
SUPPLEMENTARY INFORMATION: The Western Pacific Fishery Management
Council (Council) and NMFS manage the American Samoa longline fishery
under the FEP and implementing Federal regulations. The fishery is
currently limited to 60 permits distributed over four vessel size
classes. Permits are valid for three years, and issued only to
individuals who meet specific eligibility criteria. A permit holder
must also meet minimum landing requirements within three years to renew
the permit. Existing requirements have created programmatic barriers
that may be hampering small vessel participation in the fishery. As
described in Amendment 9, the Council recommended changes to the
program that will reduce complexity and provide for sustained community
participation in the small vessel American Samoa deep-set longline
fishery. This final rule implements the new provisions established by
Amendment 9, as follows:
<bullet> Consolidate four existing vessel sizes classes into two,
i.e., small (less than 50 ft (15.2 m)) and large (equal to or larger
than 50 ft (15.2 m));
<bullet> Permit holders must be U.S. citizens or nationals.
Applicants do not need to document a history of participation to be
eligible for a permit, but if there is competition between applicants,
NMFS will continue to use a priority ranking system based on earliest
documented history of fishing in a vessel class size;
<bullet> Permits may be transferred only among U.S. citizens or
nationals. There is no requirement for documented participation in the
fishery to receive a transferred permit;
<bullet> The small vessel minimum harvest requirement is now 500 lb
(227 kg) of pelagic management unit species (MUS) within a 3-year
period. (The large vessel harvest requirement remains 5,000 lb (2,268
kg) over three years);
<bullet> The minimum harvest amount must be landed in American
Samoa within a 3-year permit period. These required harvests need not
be caught within the U.S. exclusive economic zone (EEZ) around American
Samoa;
<bullet> Permits are valid for the same, fixed 3-year period as the
3-year period required to make a minimum harvest; and
<bullet> When a permit is transferred, the minimum harvest period
does not restart. If the minimum amount has not been caught at the time
of transfer, the new permit owner is required to meet the harvest
requirement based on the following formula: The product of percentage
of time left within the 3-year permit period and the minimum harvest
amount.
You may find additional background information on this action in
the preamble to the proposed rule (86 FR 37982, July 19, 2021).
Comments and Responses
On June 30, 2021, NMFS published the notice of availability (NOA)
for Amendment 9 and request for public comments (86 FR 34711); the
comment period ended August 30, 2021. The American Samoa Department of
Marine and Wildlife Resources provided comments on Amendment 9 that
generally supported the changes established by the Council, and offered
to work with NMFS on future reporting and permitting issues in this and
other fisheries.
On July 19, 2021, NMFS published a proposed rule and request for
public comments (86 FR 37982); the comment period ended September 2,
2021. NMFS received comments from the Hawaii Longline Association
(HLA), and responds below.
Comment 1: HLA noted that two dozen Hawaii vessels also hold
American Samoa longline permits. Although the fishery is operating
safely during the Covid-19 pandemic, HLA is concerned that a minimum
landing requirement would force these dual-permitted vessels to land in
American Samoa, possibly spreading the virus to an area that has been
largely virus-free. HLA requested that NMFS delay the effectiveness of
the landing requirement and associated 3-year period for large vessels
until the threat caused by the pandemic has eased.
Response: The American Samoa Department of Health has health and
safety protocols in place that are applicable to fishing vessels
landing in the territory. During the pandemic, U.S. fishing vessels
have continued to land in American Samoa under these requirements,
which include proof of a negative Covid-19 test, evidence of having
recovered from Covid-19 in the past six months, or proof of complete
vaccination at least 14 days prior to the arrival. Anyone arriving in
port must provide the documentation at least 72 hours prior to arrival.
Prior approval is required for crew to disembark. Quarantine measures
are also in place, as needed, for vessels entering the port.
These protocols have been effective. To date, there has been only
one documented Covid-19 case in American Samoa. Based on the effective
health and safety protocols in place there, NMFS does not agree that a
delay in effectiveness for the minimum harvest landing requirements for
large vessels is warranted.
Changes From the Proposed Rule
This final rule does not make any substantive changes from the
proposed rule.
This rule does make three administrative housekeeping changes. The
first revises 50 CFR 665.14 relating to reporting. After NMFS published
the proposed rule for this action, we published a separate final rule
that requires electronic reporting for American Samoa Class C and D
vessels (86 FR 42744, August 5, 2021). Because this final rule replaces
the former C and D classes with a single large vessel class, we are
updating Sec. 665.14 to clarify that large vessels must report
electronically.
The second modifies 50 CFR 665.802(x) relating to observer
coverage. In the proposed rule, we erred in using the term ``large
vessel,'' which is a vessel equal to or greater than 50 ft long. If
implemented, we would have inadvertently removed the requirement for a
vessel between 40 and 50 ft to carry an observer. In Amendment 9, the
Council did not recommend removal of the observer coverage requirement
for vessels between 40 and 50 ft in length overall (LOA), and this
final rule correctly implements the Council's intention by replacing
``large vessel'' with ``vessel greater than 40 ft (12.2 m) LOA'' in
Sec. 665.802(x).
The third housekeeping changes are in 50 CFR 665.816, relating to
permit validity. Amendment 9 established a requirement that the
duration of a permit is three years from the date of issuance and that
the term of the permit validity does not change or reset in the event
of a permit transfer. To accurately implement the recommendations in
Amendment 9, this rule adds a new Sec. 665.816(f) that clarifies that
a permit is valid for three years. The rule also clarifies in Sec.
665.816(h)(1) and (3) the 3-year permit term and that it does not
change in the event of a transfer.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Fishery and
Conservation Act, the NMFS Assistant Administrator has determined that
this final rule is consistent with the FEP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
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
[[Page 55745]]
impact on a substantial number of small entities. The factual basis for
the certification was published in the proposed rule and is not
repeated here. NMFS did not receive any comments regarding this
certification. As a result, a regulatory flexibility analysis was not
required and none was prepared.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule contains a change to a collection of information
requirement for the purposes of the Paperwork Reduction Act (PRA). This
rule revises the existing requirements for the collection of
information under OMB Control Number 0648-0490 Pacific Islands Permit
Family of Forms by modifying the type of permit issued in the American
Samoa longline fishery limited entry program. Changes required under
this rule applicable to the PRA include the consolidation of the four
current permit size classes (Class A, B, C, and D) into two permit
class sizes (small and large), the restriction of permit eligibility to
U.S. citizens, U.S. nationals, and U.S. companies, partnerships, or
corporations, and the elimination of the requirement to have documented
history of participation in the fishery to be eligible for a permit.
These changes require revising the permit application form. In the
proposed rule published in the Federal Register for a 45-day comment
period, NMFS indicated our intent to revise this information collection
(86 FR 37982, July 19, 2021). The revision is not expected to affect
the number of respondents or anticipated responses or to effect the
number of burden hours and burden cost to fishermen. The public
reporting burden for completing an American Samoa longline fishery
permit application is estimated to average 1.25 hours per response,
including the time for reviewing instructions, gathering the data
needed, and submitting the permit application.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted on
the following website: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by using the search function and
entering either the title of the collection or the OMB Control Number
0648-0490.
Notwithstanding any other provisions of the law, no person is
required to respond or, nor shall any person by subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Longline, Pacific Islands.
Dated: September 29, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for 50 CFR part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.12, add the definition of ``Small vessel'' in
alphabetical order to read as follows:
Sec. 665.12 Definitions.
* * * * *
Small vessel means, as used in this part, any vessel less than 50
ft (15.2 m) in length overall.
* * * * *
0
3. In Sec. 665.14, revise paragraph (b)(1)(ii)(A) to read as follows:
Sec. 665.14 Reporting and recordkeeping.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) The operator of a fishing vessel subject to the requirements of
Sec. 665.801(b) or a large vessel subject to the requirements of Sec.
665.801(c) must maintain on board the vessel an accurate and complete
record of catch, effort, and other data electronically using a NMFS-
certified electronic logbook, and must record and transmit
electronically all information specified by the Regional Administrator
within 24 hours after the completion of each fishing day.
* * * * *
0
4. In Sec. 665.19, revise paragraph (a)(2) to read as follows:
Sec. 665.19 Vessel monitoring system.
(a) * * *
(2) American Samoa large vessel longline limited entry permit
issued pursuant to Sec. 665.801(c);
* * * * *
0
5. In Sec. 665.802, revise paragraph (x) to read as follows:
Sec. 665.802 Prohibitions.
* * * * *
(x) Fail to comply with a term or condition governing the observer
program established in Sec. 665.808, if using a vessel registered for
use with a Hawaii longline limited access permit, or a vessel greater
than 40 ft (12.2 m) LOA registered for use with an American Samoa
longline limited access permit to fish for western Pacific pelagic MUS
using longline gear.
* * * * *
0
6. Revise Sec. 665.816 to read as follows:
Sec. 665.816 American Samoa longline limited entry program.
(a) General. Under Sec. 665.801(c), certain U.S. vessels are
required to be registered for use under a valid American Samoa longline
limited access permit. Under the American Samoa Longline Limited Entry
Program, the maximum number of longline fishing permits available is
limited to 60 permits annually.
(b) Terminology. For purposes of this section, the following terms
have these meanings:
(1) Documented participation means participation proved by, but not
necessarily limited to, a properly submitted NMFS or American Samoa
logbook, an American Samoa creel survey record, a delivery or payment
record from an American Samoa-based cannery, retailer or wholesaler, an
American Samoa tax record, an individual wage record, ownership title,
vessel registration, or other official documents showing:
(i) Ownership of a vessel that was used to fish in the EEZ around
American Samoa; or
(ii) Evidence of work on a fishing trip during which longline gear
was used to harvest western Pacific pelagic MUS in the EEZ around
American Samoa. If the applicant does not possess the necessary
documentation of evidence of work on a fishing trip based on records
available only from NMFS or the Government of American Samoa (e.g.,
creel survey record or logbook), the applicant may issue a request to
PIRO to obtain such records from the appropriate agencies, if
available. The applicant should provide sufficient information on the
fishing trip to allow PIRO to retrieve the records.
(2) Family means those people related by blood, marriage, and
formal or informal adoption.
(c) Vessel size classes. The Regional Administrator shall issue
American Samoa longline limited access permits in the following size
classes:
[[Page 55746]]
(1) Small vessel, which is less than 50 ft (15.2 m) LOA.
(2) Large vessel, which is equal to or over 50 ft (15.2 m) LOA.
(d) Permit eligibility. Any U.S. national or U.S. citizen or
company, partnership, or corporation is eligible for an American Samoa
longline limited access permit.
(e) Permit issuance. (1) If the number of permits issued falls
below the maximum number of permits allowed, the Regional Administrator
shall publish a notice in the Federal Register and use other means to
notify prospective applicants of any available permit(s) in each class.
Any application for issuance of a permit must be submitted to PIRO no
later than 120 days after the date of publication of the notice on the
availability of additional permits in the Federal Register. The
Regional Administrator shall issue permits to persons according to the
following priority standard:
(i) Priority accrues to the person with the earliest documented
participation in the pelagic longline fishery in the EEZ around
American Samoa from smallest to largest vessel.
(ii) In the event of a tie in the priority ranking between two or
more applicants, the applicant whose second documented participation in
the pelagic longline fishery in the EEZ around American Samoa is first
in time will be ranked first in priority. If there is still a tie
between two or more applicants, the Regional Administrator will select
the successful applicant by an impartial lottery.
(2) An application must be made, and application fees paid, in
accordance with Sec. 665.13(c)(1), (d), and (f)(2). If the applicant
is any entity other than a sole owner, the application must be
accompanied by a supplementary information sheet, obtained from the
Assistant Regional Administrator for Sustainable Fisheries, containing
the names and mailing addresses of all owners, partners, and corporate
officers that comprise ownership of the vessel for which the permit
application is prepared.
(3) Within 30 days of receipt of a completed application, the
Assistant Regional Administrator for Sustainable Fisheries shall make a
decision on whether the applicant qualifies for a permit and will
notify the successful applicant by a dated letter. The successful
applicant must register a vessel of appropriate size to the permit
within 120 days of the date of the letter of notification. The
successful applicant must also submit a supplementary information
sheet, obtained from the Assistant Regional Administrator for
Sustainable Fisheries, containing the name and mailing address of the
owner of the vessel to which the permit is registered. If the
registered vessel is owned by any entity other than a sole owner, the
names and mailing addresses of all owners, partners, and corporate
officers must be included. If the successful applicant fails to
register a vessel to the permit within 120 days of the date of the
letter of notification, the Assistant Regional Administrator for
Sustainable Fisheries shall issue a letter of notification to the next
person on the priority list or, in the event that there are no more
prospective applicants on the priority list, re-start the issuance
process pursuant to paragraph (e)(1) of this section. Any person who
fails to register the permit to a vessel under this paragraph (e)(3)
within 120 days shall not be eligible to apply for a permit for 6
months from the date those 120 days expired.
(4) An appeal of a denial of an application for a permit shall be
processed in accordance with Sec. 665.801(o).
(f) Permit term. The duration of a permit is three years from the
date of issuance by NMFS.
(g) Permit transfer. The holder of an American Samoa longline
limited access permit may transfer the permit to another individual,
partnership, corporation, or other entity as described in this section.
The application for permit transfer must be submitted to the Regional
Administrator within 30 days of the transfer date. If the applicant is
any entity other than a sole owner, the application must be accompanied
by a supplementary information sheet, obtained from the Assistant
Regional Administrator for Sustainable Fisheries, containing the names
and mailing addresses of all owners, partners, and corporate officers.
After such an application has been made, the permit is not valid for
use by the new permit holder until the Regional Administrator has
issued the permit in the new permit holder's name under Sec.
665.13(c).
(1) An American Samoa longline limited access permit may be
transferred (by sale, gift, bequest, intestate succession, barter, or
trade) to only the following persons:
(i) A western Pacific community located in American Samoa that
meets the criteria set forth in section 305(I)(2) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(I)(2), and its implementing regulations in
this part; or
(ii) Any U.S. citizens or national.
(2) Additionally, an American Samoa longline limited access small
vessel permit may also be transferred (by sale, gift, bequest,
intestate succession, barter, or trade) to a family member of the
permit holder.
(h) Permit renewal. (1) An American Samoa longline limited access
permit will not be renewed following three years in which the vessel(s)
to which it is registered landed less than:
(i) Small vessel: A total of 500 lb (227 kg) of western Pacific
pelagic MUS harvested using longline gear; or
(ii) Large vessel: A total of 5,000 lb (2,268 kg) of western
Pacific pelagic MUS harvested using longline gear.
(2) For all vessels, the minimum harvest amount must be landed in
American Samoa.
(3) In the event of a transfer, the new permit holder would be
required to meet the harvest requirement based on the following
formula: Remaining harvest amount = product of percentage of time left
within the 3-year permit period and the minimum harvest amount for that
size vessel. The original permit term and duration does not change in
the event of a transfer.
(i) Concentration of permits. No more than 10 percent of the
maximum number of permits, of both size classes combined, may be held
by the same permit holder. Fractional interest will be counted as a
full permit for calculating whether the 10-percent standard has been
reached.
(ii) [Reserved]
[FR Doc. 2021-21662 Filed 10-6-21; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.