Proposed Rule2024-03778
Pacific Island Fisheries; Catch and Retention Limits for Striped Marlin in the Western and Central Pacific Ocean North of the Equator
Primary source
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Published
February 26, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes a catch limit of 457 metric tons (t) for Western and Central North Pacific Ocean (WCNPO) striped marlin caught by U.S. fishing vessels in the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission or WCPFC) Convention area north of the Equator and west of 150[deg] W longitude (the action area) and a retention limit of 443 t for U.S. fishing vessels with Hawaii longline limited entry permits. If the retention limit is projected to be reached, NMFS will prohibit retention of striped marlin caught in the WCNPO by Hawaii longline vessels for the calendar year. Action is required under Magnuson-Stevens Fishery Conservation and Management Act Section 304(i) to address U.S. fishing vessels' relative impact on this internationally managed stock, which is overfished and experiencing overfishing.
Full Text
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<title>Federal Register, Volume 89 Issue 38 (Monday, February 26, 2024)</title>
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[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Proposed Rules]
[Pages 14036-14039]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03778]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 240220-0053]
RIN 0648-BM01
Pacific Island Fisheries; Catch and Retention Limits for Striped
Marlin in the Western and Central Pacific Ocean North of the Equator
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes a catch limit of 457 metric tons (t) for Western
and Central North Pacific Ocean (WCNPO) striped marlin caught by U.S.
fishing vessels in the Commission for the Conservation and Management
of Highly Migratory Fish Stocks in the Western and Central Pacific
Ocean (Commission or WCPFC) Convention area north of the Equator and
west of 150[deg] W longitude (the action area) and a retention limit of
443 t for U.S. fishing vessels with Hawaii longline limited entry
permits. If the retention limit is projected to be reached, NMFS will
prohibit retention of striped marlin caught in the WCNPO by Hawaii
longline vessels for the calendar year. Action is required under
Magnuson-Stevens Fishery Conservation and Management Act Section 304(i)
to address U.S. fishing vessels' relative impact on this
internationally managed stock, which is overfished and experiencing
overfishing.
DATES: NMFS must receive comments by March 27, 2024.
ADDRESSES: You may submit comments on this proposed rule, identified by
NOAA-NMFS-2022-0148, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
enter NOAA-NMFS-2022-0148 in the Search box, click 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 Regional Office (PIRO),
1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
Instructions: NMFS may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. All comments received are a part of the public
record and will generally be posted for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
The Western Pacific Fishery Management Council (Council) and NMFS
prepared an environmental assessment (EA) that supports this proposed
rule. The EA is 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, tel 808-522-
8220, or <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Savannah Lewis, PIRO Sustainable
Fisheries, 808-725-5144.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage U.S. commercial
fishing for Pelagic Management Unit Species (PMUS) under the Fishery
Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region
(FEP) and implementing Federal regulations. Although the FEP indicates
that PMUS have statutory exemptions from annual catch limits (ACL), the
Magnuson-Stevens Act authorizes the Council to determine ACLs or other
catch limits for PMUS if such actions are deemed appropriate and
consistent with the Magnuson-Stevens Act and other statutory mandates.
Magnuson-Stevens
[[Page 14037]]
Act Sec. 304(i) provides that where a fishery is overfished or
approaching a condition of being overfished due to excessive
international fishing pressure for which there are no management
measures nor an international agreement to end overfishing, the
appropriate Council is to develop recommendations for domestic
regulations to address the relative impact of U.S. fishing vessels on
the stock.
Striped marlin (Kajikia audax) are an internationally managed, non-
target species often caught in fisheries targeting tuna and retained
due to their economic value. In a 2019 stock assessment, the
Commission, of which the United States is a member, determined that
WCNPO striped marlin were overfished and experiencing overfishing.
To address the Council's obligations under Section 304(i) of the
Magnuson-Stevens Act, the Council took action at their 195th meeting in
December 2022. The Council recommended and NMFS proposes domestic
regulations to implement a 457 t U.S. catch limit for WCNPO striped
marlin and a domestic retention limit of 443 t. The proposed 457 t
domestic catch limit is consistent with the international catch limit
for the United States based on the WCPFC Conservation and Management
Measure (CMM) 2010-01, ``Conservation and Management Measure for North
Pacific Striped Marlin.'' Following the terms of the CMM, the U.S.
catch limit was determined by calculating 20 percent of the highest
annual U.S. catch of striped marlin reported from 2000-2003; the
highest reported catch was 571 t, so a 20 percent reduction is 456.8 t,
or 457 t.
Hawaii-based longline fisheries catch 97 percent or more of the
total U.S. striped marlin landings and are monitored in-season. Other
U.S. fisheries that catch striped marlin, including Hawaii-based troll
and handline fisheries, catch less than 3 percent of the total annual
U.S. catch and lack real-time monitoring during the fishing season. To
ensure that the proposed catch limit is not exceeded, the Council
recommended and NMFS proposes a retention limit of 443 t, or 97 percent
of the catch limit, for any U.S. fishing vessel with a Hawaii longline
limited entry permit issued under 50 CFR 665.801(b). This limit ensures
that when troll and handline catches are finalized after the season
ends, the total U.S. catch of WCNPO striped marlin will not exceed the
457 t catch limit.
Under the proposed rule, striped marlin caught in the action area
by a vessel holding a Hawaii limited entry longline permit issued under
50 CFR 665.801(b), including vessels that also hold an American Samoa
longline limited entry permit or other permit, would be counted toward
the proposed catch and retention limits. Currently, WCNPO striped
marlin catch on the high seas (outside the 200 nautical miles (nm), or
370.4 km, exclusive economic zone adjacent to Hawaii) by fishing
vessels with American Samoa longline limited entry permits are
attributed to American Samoa.
With this proposed rule, all retained catch of WCNPO striped marlin
in the action area by vessels with both Hawaii longline limited entry
permits and American Samoa limited entry permits would be counted
toward the proposed domestic 457 t catch and 443 t retention limit.
NMFS proposes this change to ensure that all U.S. catch of this stock
is managed under the proposed domestic catch limit, as no separate
limit for American Samoa currently exists. By itself, this limit is not
expected to end overfishing, which is primarily the result of
international fishing pressure. Additional international measures
through the WCPFC will be necessary to end overfishing and rebuild the
stock.
If NMFS projects, based on vessel logbook, landing and other
available information, that the retention limit will be reached, the
retention of striped marlin caught by U.S. longline vessels holding a
Hawaii limited entry longline permit issued under 50 CFR 665.801(b) in
the action area will be prohibited for the remainder of the calendar
year. A retention prohibition would go into effect no earlier than 7
days after NMFS publishes a no-retention date notice in the Federal
Register.
As indicated above, this rule alone is not expected to end
overfishing on WCNPO striped marlin, which must be addressed at the
international level. To that end, Section 304(i) requires the Secretary
of Commerce, in cooperation with the Secretary of State, to take
immediate and appropriate action at the international level to end
overfishing. The U.S. delegation has brought recommendations to the
WCPFC and continues to pursue revised international measures. As these
international negotiations continue, the U.S. domestic responsibility
under Section 304(i) is to address the relative impact of U.S. fishing
vessels on the stock.
Neither the Magnuson-Stevens Act nor its implementing regulations
define relative impact. The regulations do, however, offer guidance on
how to assess relative impacts in the international overfishing
context. Specifically, the National Standard 1 (Optimal Yield)
guidelines provide that the agency may consider such factors as
domestic measures already in place, estimates of a nation's landings,
estimates of a nation's mortality contributions, and management history
of a nation, although these factors are not exhaustive. In evaluating
the relative impacts of U.S. vessels to the striped marlin stock here,
we recognize that no single nation's management actions can end the
overfished status of this stock. We have taken into account the
National Standard 1 factors in assessing the level of catch by U.S.
vessels relative to the historical catch of other nations landing
striped marlin along with other existing management measures expected
to decrease striped marlin catch (e.g., wire leader prohibition). Until
the WCPFC adopts management measures that can meaningfully address the
status of the striped marlin, we believe this proposed catch and
retention limit are consistent with our obligations under the Magnuson-
Stevens Act and WCPFC because they reflect the terms of CMM 2010-02 as
applied to U.S. striped marlin catch.
International negotiations at the WCPFC have resulted in adoption
of a rebuilding plan for this stock which requires rebuilding to 20
percent of unfished biomass with at least 60 percent probability by
2034. The rebuilding plan currently does not contain catch limits,
although it acknowledges that catch reductions by all member nations
are required to achieve the rebuilding target. Disagreement over
international conservation measures and delayed stock assessments have
hindered progress at the international level. Ahead of negotiations on
catch limits at WCPFC, we recognize that any substantial changes to the
catch limits of U.S. fishermen could create a conservation burden on
U.S. fishermen that fishermen from other nations may not face.
Therefore, the agency is proposing a catch limit that complies with
existing international guidance without imposing additional burdens on
U.S. fishing interests.
NMFS will consider public comments on this proposed rule and will
announce the final rule in the Federal Register. NMFS must receive
comments on this proposed action by the date provided in the DATES
heading. NMFS may not consider comments postmarked or otherwise
transmitted after that date. Regardless of the proposed rule, all other
existing management measures would continue to apply in these
fisheries.
[[Page 14038]]
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FEP, Magnuson-Stevens Act Section 304(i) and 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 of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the attached proposed rule, issued under the
authority of the Magnuson-Stevens Act, will not have a significant
economic impact on a substantial number of small entities.
The WCNPO striped marlin stock is overfished and experiencing
overfishing due to excessive international fishing pressure. NMFS
proposes to implement an annual catch limit of 457 t and retention
limit of 443 t for striped marlin caught in the action area. The 457 t
catch limit would apply to vessels with Hawaii longline limited entry
permits as well as to Hawaii troll and handline vessels catching
striped marlin in the action area. The retention limit would only apply
to vessels with Hawaii longline limited entry permits wherein retention
of striped marlin by these vessels would be prohibited if the 443 t
retention limit were projected to be reached. The troll and handline
fisheries historically catch less than 3 percent of the total U.S.
striped marlin catch and have a delay in reporting that makes it
impossible to monitor catch in-season, so the retention limit would not
apply to these troll and handline vessels. The retention limit on
Hawaii longline catch is intended to prevent the three fisheries
combined from reaching the catch limit. The proposed action is needed
to address the Magnuson-Stevens Act section 304(i) requirement to
develop recommendations for domestic regulations to address the
relative impact of fishing vessels of the United States on this
internationally managed, overfished stock lacking effective
international management measures to end overfishing.
The proposed action would apply to up to 164 vessels with Hawaii
longline limited entry permits. In 2021, 146 vessels participated in
the Hawaii deep-set longline fishery, with annual fleet revenue of
$108.5 million and average annual per-vessel revenues of $743,150. In
2021, 17 vessels participated in the Hawaii shallow-set fishery, with
annual fleet revenue of $4.7 million and average annual per-vessel
revenues of $276,470 (WPFMC, 2022). There are no anticipated upfront
costs associated with the proposed action for Hawaii permitted longline
fishery participants and no direct impacts to longline fisheries if
longline catch of striped marlin does not reach the retention limit, as
they would be able to retain their striped marlin catch. However, the
proposed action may lead to a loss in revenue for these fishery
participants if the retention limit is reached. The Hawaii-based
longline fishery targets tuna (deep-set) and swordfish (shallow-set);
striped marlin is a non-target species for this fishery. However,
because striped marlin has market value, longline fishermen generally
retain striped marlin catch. Using the 2021 average price per pound for
striped marlin and average annual landings over the 2016-2020 time
frame, NMFS expects that the value of striped marlin from the action
area would be $2 million annually. Between 2014 and 2020, the Hawaii
longline fleet has exceeded the 443 t retention limit only once with a
catch of 447 t in 2019. Had the retention limit been in place that
year, at $2.54 per pound, the associated revenue loss would be an
estimated $22,400 fleetwide. With 147 active vessels as of August 2022,
the estimated expected loss per vessel would have been $152 per vessel,
which likely would have been less than 0.1 percent of annual landed
value among most, if not all, vessels. For most years, NMFS anticipates
that the longline fishery would not exceed the retention limit and
therefore anticipates little to no economic impact from the proposed
rule to this fishery overall. The proposed action would also apply to
the hundreds of vessels that participate in the Hawaii handline and
troll fisheries through the catch limit, but these fisheries would not
be directly affected by the proposed action, as neither the retention
limit nor retention prohibition would apply to them.
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, North American Industry Classification System (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 affected entities are small
entities under the NMFS standard, as they are engaged in the business
of fish harvesting, 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 may apply to a
substantial number of vessels, the implementation of this action would
not result in significant adverse economic impact to individual
vessels.
NMFS anticipates no change in fishing activity from the proposed
action, independent of the retention limit being reached (i.e., area
fished, number of vessels and trips, number and depth of hooks, or
deployment techniques) because striped marlin are not a target species.
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. Furthermore, 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.
List of Subjects in 50 CFR 665
Fisheries, Fishing, Hawaii, Longline, Limited access permit,
Pacific Islands, Western Pacific.
Dated: February 20, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 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. Amend Sec. 665.800 by adding, in alphabetical order, the definition
of ``Non-retention date'' to read as follows:
Sec. 665.800 Definitions.
* * * * *
[[Page 14039]]
Non-retention date means the date upon which the Regional
Administrator projects that a retention limit will be exceeded;
retention of a species identified under Sec. 665.813 is prohibited as
specified under Sec. 665.802, until the end of the fishing year.
* * * * *
0
3. Amend Sec. 665.802 by adding paragraph (p) to read as follows:
Sec. 665.802 Prohibitions.
* * * * *
(p) Fail to immediately release any striped marlin captured after
the non-retention date in the Pacific Ocean north of the Equator
(0[deg] lat.) and west of 150[deg] W longitude by a vessel registered
for use under a longline permit issued under Sec. 665.801(b), in
violation of Sec. 665.813(k).
* * * * *
0
4. Amend Sec. 665.813 by redesignating paragraph (k) as paragraph (l)
and adding a new paragraph (k) to read as follows:
Sec. 665.813 Western Pacific longline fishing restrictions.
* * * * *
(k) Striped marlin retention limit. (1) There is a catch limit of
457 metric tons of striped marlin each year from the Pacific Ocean
north of the Equator (0[deg] lat.) and west of 150[deg] W longitude.
There is a retention limit of 443 metric tons by vessels registered for
use under a longline permit issued under Sec. 665.801(b).
(2) NMFS will monitor striped marlin catch with respect to the
limits established under paragraph (k)(1) of this section using
longline landings, logbook, and other available information.
(3) When the retention limit is projected to be reached, based on
analyses of available information in paragraph (k)(2) of this section,
the Regional Administrator shall publish notification to that effect in
the Federal Register that includes a specified non-retention date that
is not earlier than 7 days after the Federal Register publication date
until the end of the calendar year in which the retention limit was
projected to be reached.
(4) Once a notification is made pursuant to paragraph (k)(3) of
this section, a fishing vessel registered for use under a longline
permit issued under Sec. 665.801(b) may not retain on board,
transship, or land striped marlin captured by longline gear in the
Pacific Ocean north the Equator (0[deg] lat.) and west of 150[deg] W
longitude, except striped marlin retained prior to the non-retention
date. Any striped marlin already on board upon the effective non-
retention date may be retained on board, transshipped, and/or landed,
to the extent authorized by applicable laws and regulations, provided
that the striped marlin is landed within 14 days after the effective
non-retention date.
* * * * *
[FR Doc. 2024-03778 Filed 2-23-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 26, 2024.
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