Rule2024-17295
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Changes to Bigeye Tuna Catch Limits in Longline Fisheries
Primary source
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Published
August 6, 2024
Effective
August 6, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS seeks comments on this interim final rule issued under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) that implements a recent decision of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the western and central Pacific Ocean (WCPFC or Commission) increasing the WCPFC bigeye tuna catch limit for U.S. longline fishing vessels from 3,554 metric tons (mt) to 6,554 mt. This action is necessary to satisfy the obligations of the United States as a member of the Commission.
Full Text
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<title>Federal Register, Volume 89 Issue 151 (Tuesday, August 6, 2024)</title>
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[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Rules and Regulations]
[Pages 63841-63843]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17295]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240730-0208]
RIN 0648-BM87
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Changes to Bigeye Tuna Catch Limits in
Longline Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 63842]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: NMFS seeks comments on this interim final rule issued under
authority of the Western and Central Pacific Fisheries Convention
Implementation Act (WCPFC Implementation Act) that implements a recent
decision of the Commission for the Conservation and Management of
Highly Migratory Fish Stocks in the western and central Pacific Ocean
(WCPFC or Commission) increasing the WCPFC bigeye tuna catch limit for
U.S. longline fishing vessels from 3,554 metric tons (mt) to 6,554 mt.
This action is necessary to satisfy the obligations of the United
States as a member of the Commission.
DATES: This interim final rule is effective on August 6, 2024. Comments
on the interim final rule must be submitted in writing by September 5,
2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0085, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2024-0085 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Sarah Malloy, Deputy
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO),
1845 Wasp Blvd., Building 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="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).
Copies of the Regulatory Impact Review and the Supplemental
Environmental Assessment are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
or may be obtained from Sarah Malloy, Deputy Regional Administrator,
NMFS PIRO (see address above).
FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.
SUPPLEMENTARY INFORMATION:
Background on the Convention
The objective of the Convention is to ensure, through effective
management, the long-term conservation and sustainable use of highly
migratory species (HMS) in the western and central Pacific Ocean
(WCPO). To accomplish this objective, the Convention established the
Commission, which includes members, cooperating non-members, and
participating territories (collectively referred to here as
``members''). The United States is a member. American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands (CNMI) are
participating territories.
As a contracting party to the Convention and a member of the
Commission, the United States implements applicable conservation and
management measures and other decisions adopted by the Commission. The
WCPFC Implementation Act (16 U.S.C. 6901 et seq.), authorizes the
Secretary of Commerce, in consultation with the Secretary of State and
the Secretary of the Department in which the United States Coast Guard
is operating (currently the Department of Homeland Security), to
promulgate such regulations as may be necessary to carry out the
obligations of the United States under the Convention, including the
decisions of the Commission. The WCPFC Implementation Act further
provides that the Secretary of Commerce shall ensure consistency, to
the extent practicable, of fishery management programs administered
under the WCPFC Implementation Act and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), as well as
other specific laws (see 16 U.S.C. 6905(b)). The Secretary of Commerce
has delegated the authority to promulgate regulations under the WCPFC
Implementation Act to NMFS. A map showing the boundaries of the area of
application of the Convention (Convention Area), which comprises the
majority of the WCPO, can be found on the WCPFC website at: <a href="https://www.wcpfc.int/doc/convention-area-map">https://www.wcpfc.int/doc/convention-area-map</a>.
Background on the WCPFC Decision
This interim final rule would implement specific provisions of
Conservation and Management Measure (CMM) 2023-01, ``Conservation and
Management Measure for Bigeye, Yellowfin, and Skipjack Tuna in the
Western and Central Pacific Ocean.'' The Commission adopted CMM 2023-01
at its twentieth regular annual session, in December 2023, and it went
into effect in February 2024. The provisions of CMM 2023-01 are
described in more detail below.
CMM 2023-01 is the latest in a series of CMMs devoted to the
conservation and management of tropical tuna stocks, particularly
stocks of bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus
albacares), and skipjack tuna (Katsuwonus pelamis). The stated purpose
of CMM 2023-01 is to support fisheries for skipjack tuna, bigeye tuna,
and yellowfin tuna in the Convention Area that benefit WCPFC members
and their communities, and to do so in a way that is fair to all WCPFC
members and addresses the special requirements of developing states and
participating territories. CMM 2023-01's provisions are based on
specific objectives for each of the three tropical tuna stocks.
Many of the provisions of CMM 2023-01 have already been implemented
by NMFS or will be implemented in separate rulemakings. This interim
final rule implements the numerical change to the longline bigeye tuna
catch limit for the United States.
Under NMFS regulations at 50 CFR 300.224(a), the existing longline
bigeye tuna catch limit for the United States is 3,554 mt per calendar
year. The limit does not apply to (1) catch landed in the U.S.
participating territories to the Commission (American Samoa, Guam, or
CNMI); (2) catch made by vessels with ``dual permits'' (i.e., vessels
with both Hawai'i Longline Limit Access and American Samoa Limited
Access permits) outside of the U.S. EEZ surrounding the Hawai'ian
Archipelago; and (3) catch made by vessels operating under specified
fishing agreements with the U.S. participating territories under 50 CFR
665.819(c), which may not exceed 3,000 mt (88 FR 39201, June 15, 2023).
Table 3 in CMM 2023-01 establishes a 6,554 mt longline bigeye tuna
catch limit for the United States per calendar year. CMM 2023-01 also
does not include the language of paragraph 9 of CMM 2021-01, which
provided for attribution of catch to U.S. participating territories for
vessels operating under agreements with the U.S. participating
territories. Thus, the language in CMM 2023-01 no longer authorizes an
exemption from the limit for catch by vessels operating under specified
fishing agreements with U.S. participating territories.
[[Page 63843]]
Under this interim final rule, the limit at 50 CFR 300.224(a) will
change from 3,554 mt to 6,554 mt. The limit of 6,554 mt will remain
effective until replaced. No other changes to the regulations at 50 CFR
300.224 would be made at this time. As noted above, Table 3 of CMM
2023-01 expressly prohibits attribution of catch of U.S. longline
vessels operating under agreements to the U.S. participating
territories. Accordingly, approval of specified fishing agreements
under 50 CFR 300.224(d) is no longer authorized. NMFS will update the
regulatory provision at Sec. 300.224(d) as part of a future
rulemaking.
Paragraph 38 of CMM 2023-01 continues the provision of requiring
any overages of limits to be deducted from the following year's limit.
CMM 2023-01 is in effect until February 15, 2027. However, as has
been NMFS's practice, the elements of the interim final rule will
remain in effect until they are replaced or amended, to avoid a lapse
in the management of the fisheries.
The Action
The Commission-adopted longline bigeye tuna catch limit for the
United States for 2024 is 6,554 mt. Thus, NMFS is implementing a
calendar year catch limit of 6,554 mt that would remain effective until
replaced.
The calendar year longline bigeye tuna catch limit will apply to
U.S-flagged longline vessels operating as part of the U.S. longline
fisheries. The limit will not apply to catch landed in the U.S.
territories of American Samoa, CNMI, or Guam or catch made by vessels
with dual permits outside of the U.S. EEZ surrounding Hawaii.
Consistent with the basis for the limits prescribed in CMM 2023-01
and with regulations issued by NMFS to implement bigeye tuna catch
limits in U.S. longline fisheries as described below, the catch limit
is measured in terms of retained catches--that is, bigeye tuna that are
caught by longline gear and retained on board the vessel.
Existing regulations at 50 CFR 300.224 regarding announcement of a
fishery closure and prohibitions during a fishery closure will remain
in place under this proposed action.
Classification
The Administrator, Pacific Islands Region, NMFS, has determined
that this interim final rule is consistent with the WCPFC
Implementation Act and other applicable laws, subject to further
consideration after public comment.
Administrative Procedure Act
There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment on the interim final rule,
because prior notice and the opportunity for public comment would be
contrary to the public interest. NMFS anticipates the currently
codified 3,554 mt longline bigeye tuna catch limit to be reached
imminently. If the limit is not revised before it is reached,
regulations require the fishery to close, which would be contrary to
the public interest because the fishery would close under a limit that
is no longer consistent with applicable law (CMM 2023-01). Prior notice
and comment is also unnecessary because stakeholders and industry
groups were involved with the development of this action as active
participants in WCPFC negotiations leading to the adoption of CMM 2023-
01. Nevertheless, NMFS will consider and respond to public comments
received on the interim final rule and will accordingly make any
appropriate revisions.
Consistent with 5 U.S.C. 553(d)(1), this interim final rule will
become effective immediately upon publication because it is a
substantive rule which relieves a regulatory restriction (i.e.,
modifies the bigeye tuna catch limit from 3,554 mt to 6,554 mt).
Coastal Zone Management Act (CZMA)
NMFS determined that this action is consistent to the maximum
extent practicable with the enforceable policies of the approved
coastal management program of American Samoa, the CNMI, Guam, and the
State of Hawai'i. Determinations to Hawai'i and each of the territories
were submitted on June 6, 2024, for review by the responsible State and
territorial agencies under section 307 of the CZMA.
Executive Order 12866
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
Regulatory Flexibility Act
Because prior notice and opportunity for public comment are not
required for the interim final rule by 5 U.S.C. 553, or any other law,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., are inapplicable. As stated above, there is good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment on the interim final rule, because prior notice and the
opportunity for public comment would be contrary to the public
interest. Therefore, no regulatory flexibility analysis was required
and none has been prepared.
Paperwork Reduction Act
This interim final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: July 30, 2024.
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
300, subpart O, as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart O--Western and Central Pacific Fisheries for Highly
Migratory Species
0
1. The authority citation for 50 CFR part 300, subpart O, continues to
read as follows:
Authority: 16 U.S.C. 6901 et seq.
0
2. In Sec. 300.224, revise paragraph (a)(1) to read as follows:
Sec. 300.224 Longline fishing restrictions.
* * * * *
(a) * * *
(1) There is a limit of 6,554 metric tons of bigeye tuna per
calendar year that may be captured in the Convention Area by longline
gear and retained on board by fishing vessels of the United States.
* * * * *
[FR Doc. 2024-17295 Filed 8-5-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 6, 2024.
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