Proposed Rule2023-06448
Pacific Island Pelagic Fisheries; 2023 U.S. Territorial Longline Bigeye Tuna Catch Limits
Primary source
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Published
March 29, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes a 2023 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), collectively "the territories"). NMFS would allow each territory to allocate up to 1,500 t to U.S. longline fishing vessels through specified fishing agreements that meet established criteria. However, the overall allocation limit among all territories may not exceed 3,000 t. 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.
Full Text
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<title>Federal Register, Volume 88 Issue 60 (Wednesday, March 29, 2023)</title>
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[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18509-18511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06448]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No.230323-0083; RTID 0648-XC461]
Pacific Island Pelagic Fisheries; 2023 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.
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SUMMARY: NMFS proposes a 2023 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), collectively ``the territories''). NMFS would allow each
territory to allocate up to 1,500 t to U.S. longline fishing vessels
through specified fishing agreements that meet established criteria.
However, the overall allocation limit among all territories may not
exceed 3,000 t. 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 April 28, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0117, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2022-0117 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Send written comments to Sarah Malloy, Acting
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
<a href="http://www.regulations.gov">www.regulations.gov</a>
[[Page 18510]]
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).
Pursuant to the National Environmental Policy Act, the Western
Pacific Fishery Management Council (Council) and NMFS prepared a 2019
environmental assessment (EA), a 2020 supplemental environmental
assessment (SEA), and 2020, 2021, and 2022 supplemental information
reports (SIR) that support this proposed action. The EA, SEA, and SIRs
are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or from the Council, 1164
Bishop St., Suite 1400, Honolulu, HI 96813, telephone: 808-522-8220,
fax: 808-522-8226, <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS PIRO Sustainable
Fisheries, 808-725-5177.
SUPPLEMENTARY INFORMATION: NMFS proposes to specify a 2023 catch limit
of 2,000 t of longline-caught bigeye tuna for each U.S. Pacific
territory (American Samoa, Guam, and the CNMI). NMFS would also
authorize each U.S. Pacific territory to allocate up to 1,500 t of its
2,000 t bigeye tuna limit, not to exceed a 3,000 t total annual
allocation limit among all the territories, to U.S. longline fishing
vessels that are permitted to fish under the Fishery Ecosystem Plan for
Pelagic Fisheries of the Western Pacific (FEP). Those vessels must be
identified in a specified fishing agreement with the applicable
territory. The Council recommended these specifications. The proposed
catch limits and accountability measures are identical to those that
NMFS has specified for U.S. Pacific territories in each year since
2014. The proposed individual territorial allocation limit of 1,500 t
is identical to what NMFS specified for 2020, 2021, and 2022. The
overall allocation limit among all of the territories may not exceed
3,000 t for the year, which is consistent with previous years. NMFS has
determined that the existing EA and SEA adequately address the
potential impacts on the human environment by the proposed action, and
that no additional analyses are required.
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 U.S. Pacific
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 this proposed action and will
announce the final specifications in the Federal Register. NMFS also
invites public comments that address the impact of this proposed
action, if any, on cultural fishing in American Samoa.
NMFS must receive any comments on this proposed action by the date
provided in the DATES heading. NMFS will 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 has determined that this proposed specification
is consistent with the FEP, other provisions of the Magnuson-Stevens
Act, and other applicable law, 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 for 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 2023 limit of 2,000 metric tons
(t) of longline-caught bigeye tuna for each U.S. Pacific territory
(American Samoa, Guam, and the CNMI). NMFS would also allow each
territory to allocate up to 1,500 t of its 2,000 t limit, not to exceed
an overall allocation limit of 3,000 t, 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 apply directly to longline vessels that
hold Federal permits under the FEP, specifically Hawaii, American
Samoa, and Western Pacific General permits. In 2021, of the 164
allowable Hawaii permits, 146 were assigned to vessels active in the
fishery; 24 of those vessels were dual-permitted with both Hawaii and
American Samoa permits. Forty-four (44) vessels had American Samoa
longline permits, with 11 active in the fishery and landing catch in
American Samoa. There are no active vessels with Western Pacific
General permits.
Based on dealer data collected by the State of Hawaii and the
Western Pacific Fisheries Information Network, Hawaii longline vessels
landed approximately 14,061 t of pelagic fish valued at $124.4 million
in 2021. With 146 vessels making either a deep- or shallow-set trip in
2021, the ex-vessel value of pelagic fish caught by Hawaii-based
longline fisheries averaged almost $852,055 per vessel. In 2021,
American Samoa-based longline vessels pelagic fish landings were valued
at $2.5 million; albacore made up the largest proportion of pelagic
longline commercial landings. With 11 active longline vessels in 2021,
the ex-vessel value of pelagic fish caught by the American Samoa
fishery averaged almost $227,273 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 Pelagic FEP are small entities,
i.e., they are engaged in the business of fish harvesting (NAICS
114111), are independently owned or operated, are not dominant in their
field of operation, and have annual gross receipts not in excess of $11
million. Even though this
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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. Exclusive Economic Zone
around Hawaii.
The 2023 U.S. bigeye tuna catch limit in the western and central
Pacific Ocean (WCPO) will be 3,554 t, which is subject to correction
for any overage in 2022 as that fishing data becomes available. In
2022, NMFS received two specified fishing agreements, the first between
American Samoa and the Hawaii Longline Association (HLA) and the second
between the CNMI and HLA. Each agreement included an allocation of
1,500 t of bigeye tuna to vessels identified in the agreements. NMFS
began allocating catches to American Samoa on August 25, 2022, prior to
the U.S. fishery reaching the WCPO bigeye tuna catch limit. Based on
logbooks submitted by longline vessels, NMFS forecasted the American
Samoa allocation would be reached by November 28, 2022. In accordance
with regulations at 50 CFR 665.819(c)(9)(ii), NMFS began attributing
2022 catch to the CNMI and the CNMI-HLA agreement on November 21, 2022,
which is 7 days prior to November 28, 2022. These combined measures,
including the remaining available U.S limit and specified fishing
agreements, enabled the U.S. fishery to fish through the end of 2022.
In 2023, as with prior years, under this proposed action Hawaii
longline vessels could enter into one or more fishing agreements with
participating territories. This would enhance the ability of these
vessels to extend fishing effort in the WCPO after reaching the 2023
U.S. limit and provide more bigeye tuna for markets in Hawaii.
Providing the opportunity to land bigeye tuna in Hawaii in the last
quarter of the year when market demand is generally 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 is consistent with the Western and
Central Pacific Fisheries Commission (WCPFC) conservation and
management objectives for bigeye tuna in Conservation and Management
Measure 2018-01, and benefits 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
WCPFC longline limits, is not expected to adversely affect vessels
based in the territories.
Historical catches of bigeye tuna by the American Samoa longline
fleet have been less than 2,000 t, including the catch by vessels based
in American Samoa, catch by dual American Samoa/Hawaii permitted
vessels that land their catch in Hawaii, and catch attributed to
American Samoa from U.S. vessels under specified fishing agreements.
Longline fishing has not occurred since 2011 in Guam or the CNMI.
Under the proposed action, longline fisheries managed under the FEP
are not expected to expand substantially and are not expected to change
the manner in which they are currently conducted (i.e., area fished,
number of vessels and trips, number and depth of hooks, or deployment
techniques).
The proposed action does not duplicate, overlap, or conflict with
other Federal rules and is not expected to have significant impact on
small organizations or government jurisdictions. There would be little,
if any, disproportionate adverse economic impacts from the proposed
action based on gear type or relative vessel size. The proposed action
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 Executive Order 12866.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-06448 Filed 3-28-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 29, 2023.
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