Western Pacific Pelagic Fisheries; Catch and Effort Limits for the U.S. Participating Territories, 79388-79389 [2013-31195]
Download as PDF
79388
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Proposed Rules
Issued in Washington, DC, under authority
delegated in 49 CFR part 1.97(b).
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2013–31046 Filed 12–27–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
RIN 0648–BD46
Western Pacific Pelagic Fisheries;
Catch and Effort Limits for the U.S.
Participating Territories
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
ecosystem plan amendment; request for
comments.
AGENCY:
NMFS announces that the
Western Pacific Fishery Management
Council proposes to amend the Fishery
Ecosystem Plan for Pelagic Fisheries of
the Western Pacific Region. If approved,
Amendment 7 would establish a
management framework and process for
specifying fishing catch and effort limits
and accountability measures for pelagic
fisheries in the U.S. Pacific territories
(American Samoa, Guam, and the
Commonwealth of the Northern Mariana
Islands). The framework would
authorize the government of each
territory to allocate a portion of its
specified catch or effort limit to a U.S.
fishing vessel or vessels through a
specified fishing agreement, and
establish criteria, which a specified
fishing agreement must satisfy. The
framework also includes measures to
ensure accountability for adhering to
fishing catch and effort limits.
DATES: NMFS must receive comments
on the proposed amendment and the
included environmental assessment by
February 28, 2014.
ADDRESSES: You may send comments on
the proposed amendment and
environmental assessment, identified by
NOAA–NMFS–2012–0178, to either of
the following addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120178, click the ‘‘Comment Now!’’ icon,
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:26 Dec 27, 2013
Jkt 232001
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), 1601 Kapiolani Blvd.,
Suite 1110, Honolulu, HI 96814–4700.
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 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), and will accept
attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF
file formats only.
The Western Pacific Fishery
Management Council (Council)
prepared Amendment 7 to the Fishery
Ecosystem Plan for Pelagic Fisheries of
the Western Pacific Region (Pelagics
FEP), including an environmental
assessment and regulatory impact
review, that provides background
information on the proposed action. The
amendment is available from
www.regulations.gov or the Council,
1164 Bishop St., Suite 1400, Honolulu,
HI 96813, tel 808–522–8220, fax 808–
522–8226, www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Adam Bailey, Sustainable Fisheries
Division, NMFS PIR, 808–944–2248.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the pelagic fisheries
of American Samoa, Guam, and the
Commonwealth of the Northern Mariana
Islands (CNMI) and Hawaii under the
Pelagics FEP. Typically, the Council
recommends conservation and
management measures for NMFS to
implement under the authority of
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act (16 U.S.C. 1801
et seq.)). Certain pelagic fish stocks,
including tunas, are also subject to
conservation and management measures
cooperatively agreed to by the Western
and Central Pacific Fisheries
Commission (WCPFC), an international
regional fisheries management
organization that has jurisdiction over
fisheries harvesting highly migratory
species in the western and central
Pacific Ocean (WCPO, generally west of
150° W. longitude). Although NMFS
PO 00000
Frm 00061
Fmt 4702
Sfmt 4702
often implements these decisions
directly under the authority of the
Western and Central Pacific Fisheries
Convention Implementation Act, the
Council may also recommend
conservation and management measures
applicable to the U.S. component of
internationally-managed fisheries for
implementation by NMFS under the
Magnuson-Stevens Act.
In 2008, the WCPFC adopted
Conservation and Management Measure
(CMM) 2008–01, ‘‘Conservation and
Management Measure for Bigeye and
Yellowfin Tuna in the Western and
Central Pacific Ocean,’’ which
established an annual bigeye tuna catch
limit for longline fisheries of the United
States operating in the WCPO, as well
separate longline bigeye tuna catch
limits for the U.S. participating
territories to the WCPFC, which are
American Samoa, Guam, and the CNMI.
The annual bigeye tuna catch limit for
the United States (U.S. bigeye tuna
limit) established through CMM 2008–
01 was 3,736 mt, which NMFS
implemented in fishing years 2009,
2010, and 2011 (December 7, 2009, 74
FR 63999). This limit applied only to
the Hawaii-based longline fisheries or
longline vessels based on the West Coast
of the United States that fish in the
WCPO; the limit did not apply to
longline fisheries of the U.S.
participating territories. CMM 2008–01
also provided that members and
participating territories that caught less
than 2,000 mt of bigeye tuna in 2004
would be subject to an annual limit of
2,000 mt, except that Small Island
Developing States and Participating
Territories of the WCPFC undertaking
responsible development of their
fisheries would not be subject to
individual annual limits for bigeye tuna.
The three U.S. participating territories
fell into this category.
The WCPFC extended the U.S. bigeye
tuna limit for 2012 through CMM 2011–
01 (August 27, 2012, 77 FR 51709), and
for fishing year 2013 through CMM
2012–01 (September 23, 2013, 78 FR
58240). In addition, under CMM 2012–
01, Small Island Developing States and
Participating Territories of the WCPFC,
including American Samoa, Guam, and
the CNMI, were not subject to
individual longline limits for bigeye
tuna for fishing year 2013.
Subsequently, in December 2013, the
WCPFC adopted a new tropical tuna
conservation and management measure,
which maintain the U.S. longline bigeye
tuna catch limit of 3,763 mt for 2014,
and reduces the limit to 3,554 mt in
2015 and 2016, and to 3,345 mt for
2017. CMM 2013–01 further provides
that members that caught less than
E:\FR\FM\30DEP1.SGM
30DEP1
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
2,000 mt of bigeye in 2004 are limited
to no more than 2,000 mt in each of
2014, 2015, 2016, and 2017. However,
this limit does not apply to Small Island
Developing States and Participating
Territories of the WCPFC. Consistent
with previous WCPFC measures, the
U.S. participating territories are not
subject to individual longline limits for
bigeye tuna under CMM 2013–01.
There are two Hawaii longline
fisheries: The deep-set fishery that
targets bigeye tuna, and the shallow-set
fishery that targets swordfish, but also
retains other pelagic management unit
species (MUS), including bigeye tuna.
Therefore, of the U.S. bigeye tuna limit
applies to vessels operating in both
fisheries. NMFS monitors the catch of
all pelagic MUS by each longline fishery
and on the date NMFS projects the
fisheries will reach the U.S. bigeye tuna
limit, NMFS prohibits the retention,
transshipment, or landing of bigeye tuna
by Hawaii longline vessels in the WCPO
through the remainder of the year as
occurred in 2009 and 2010.
In 2011, the U.S. Congress passed
Public Law 112–55, 125 Stat. 552 et
seq., the Consolidated and Further
Continuing Appropriations Act
(CFCAA), 2012. Section 113 of the
CFCAA allows the U.S. participating
territories to use, assign, allocate, and
manage catch or effort limits agreed to
by the WCPFC through fishing
agreements with fishing vessels of the
United States to support fisheries
development in the territories, and
directed NMFS to attribute pelagic MUS
catches made by such vessels to the U.S.
participating territory to which the
agreement applies. In 2011, NMFS
forecasted that the U.S. bigeye catch
limit of 3,763 mt would likely be
reached on November 17, 2011. Under
the authority provided by Section 113 of
the CFCAA, American Samoa entered
into a fishing agreement with certain
Hawaii longline fishing vessels and,
VerDate Mar<15>2010
16:26 Dec 27, 2013
Jkt 232001
from November 18 through December
31, 2011, NMFS attributed to American
Samoa, 628 mt of bigeye tuna caught by
those vessels. Because of the Section
113 agreement, the U.S. bigeye tuna
limit was not reached, and Hawaii
longline vessels that were not part of
that agreement continued to catch
bigeye tuna in the WCPO under the
remaining amount of the U.S. bigeye
tuna catch limit.
In 2012, NMFS forecasted that the
U.S. bigeye tuna catch limit of 3,763 mt
would be reached on November 27,
2012. In accordance with federal
regulations at 50 CFR 300.224, from
November 20, 2012, through December
31, 2012, NMFS attributed to American
Samoa 771 mt of bigeye tuna caught by
Hawaii longline vessels identified in the
American Samoa fishing agreement.
Consequently, the U.S. bigeye tuna limit
was not reached, and Hawaii longline
vessels that were not part of that
agreement continued fishing for bigeye
tuna in the WCPO under the remaining
amount of the U.S. bigeye tuna catch
limit. In both 2011 and 2012, the United
States did not exceed its bigeye tuna
limit of 3,763 mt, and the amount of
bigeye caught by Hawaii-based longline
vessels identified in the fishing
agreements with American Samoa, and
attributed to the territory was less than
1,000 mt each year.
In 2013, the U.S. Congress extended
the Section 113 provisions through
Public Law 113–6, 125 Stat. 603,
Section 110, the Department of
Commerce Appropriations Act, 2013.
For fishing year 2013, the CNMI entered
into a Section 113 agreement with
participants in the Hawaii longline
fisheries. On December 5, 2013, in
accordance with NMFS regulations at 50
CFR 300.224, NMFS began attributing to
the CNMI bigeye tuna catches made by
vessels identified in the agreement. The
attribution is expected to continue
through the end of 2013. NMFS does not
PO 00000
Frm 00062
Fmt 4702
Sfmt 9990
79389
expect the 2013 U.S. bigeye tuna limit
of 3,763 mt to be reached.
As directed in Section 113 of the
CFCAA, the Council prepared
Amendment 7 to the Pelagics FEP for
Secretarial Review. If approved, the
proposed action in Amendment 7
would:
• Establish a process for specifying
catch or fishing effort limits and
accountability measures for pelagic
fisheries in the U.S. participating
territories.
• Authorize each U.S. participating
territory to enter into specified fishing
agreements with fishing vessels of the
United States permitted under the
Pelagic FEP and allocate to those
vessels, a specified portion of a
territory’s catch or fishing effort limit, as
determined by NMFS and the Council;
• Establish the criteria specified
fishing agreements must satisfy, and
procedures for reviewing specified
fishing agreements; and
• Establish accountability measures
for attributing and restricting catch and
effort towards the specified limits,
including catches and effort made by
vessels identified in specified fishing
agreements.
Comments on Amendment 7 must be
received by February 28, 2014 to be
considered by NMFS in the decision to
approve, partially approve, or
disapprove the amendment. NMFS soon
expects to publish and request public
comment on a proposed rule that would
implement the measures recommended
in Amendment 7.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 24, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–31195 Filed 12–27–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\30DEP1.SGM
30DEP1
Agencies
[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Proposed Rules]
[Pages 79388-79389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31195]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
RIN 0648-BD46
Western Pacific Pelagic Fisheries; Catch and Effort Limits for
the U.S. Participating Territories
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery ecosystem plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Western Pacific Fishery Management
Council proposes to amend the Fishery Ecosystem Plan for Pelagic
Fisheries of the Western Pacific Region. If approved, Amendment 7 would
establish a management framework and process for specifying fishing
catch and effort limits and accountability measures for pelagic
fisheries in the U.S. Pacific territories (American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands). The framework would
authorize the government of each territory to allocate a portion of its
specified catch or effort limit to a U.S. fishing vessel or vessels
through a specified fishing agreement, and establish criteria, which a
specified fishing agreement must satisfy. The framework also includes
measures to ensure accountability for adhering to fishing catch and
effort limits.
DATES: NMFS must receive comments on the proposed amendment and the
included environmental assessment by February 28, 2014.
ADDRESSES: You may send comments on the proposed amendment and
environmental assessment, identified by NOAA-NMFS-2012-0178, to either
of the following addresses:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0178, 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), 1601
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
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
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), and will accept attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF file formats only.
The Western Pacific Fishery Management Council (Council) prepared
Amendment 7 to the Fishery Ecosystem Plan for Pelagic Fisheries of the
Western Pacific Region (Pelagics FEP), including an environmental
assessment and regulatory impact review, that provides background
information on the proposed action. The amendment is available from
www.regulations.gov or the Council, 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226,
www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Adam Bailey, Sustainable Fisheries
Division, NMFS PIR, 808-944-2248.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the pelagic
fisheries of American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands (CNMI) and Hawaii under the Pelagics FEP. Typically,
the Council recommends conservation and management measures for NMFS to
implement under the authority of Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act (16 U.S.C. 1801 et seq.)).
Certain pelagic fish stocks, including tunas, are also subject to
conservation and management measures cooperatively agreed to by the
Western and Central Pacific Fisheries Commission (WCPFC), an
international regional fisheries management organization that has
jurisdiction over fisheries harvesting highly migratory species in the
western and central Pacific Ocean (WCPO, generally west of 150[deg] W.
longitude). Although NMFS often implements these decisions directly
under the authority of the Western and Central Pacific Fisheries
Convention Implementation Act, the Council may also recommend
conservation and management measures applicable to the U.S. component
of internationally-managed fisheries for implementation by NMFS under
the Magnuson-Stevens Act.
In 2008, the WCPFC adopted Conservation and Management Measure
(CMM) 2008-01, ``Conservation and Management Measure for Bigeye and
Yellowfin Tuna in the Western and Central Pacific Ocean,'' which
established an annual bigeye tuna catch limit for longline fisheries of
the United States operating in the WCPO, as well separate longline
bigeye tuna catch limits for the U.S. participating territories to the
WCPFC, which are American Samoa, Guam, and the CNMI. The annual bigeye
tuna catch limit for the United States (U.S. bigeye tuna limit)
established through CMM 2008-01 was 3,736 mt, which NMFS implemented in
fishing years 2009, 2010, and 2011 (December 7, 2009, 74 FR 63999).
This limit applied only to the Hawaii-based longline fisheries or
longline vessels based on the West Coast of the United States that fish
in the WCPO; the limit did not apply to longline fisheries of the U.S.
participating territories. CMM 2008-01 also provided that members and
participating territories that caught less than 2,000 mt of bigeye tuna
in 2004 would be subject to an annual limit of 2,000 mt, except that
Small Island Developing States and Participating Territories of the
WCPFC undertaking responsible development of their fisheries would not
be subject to individual annual limits for bigeye tuna. The three U.S.
participating territories fell into this category.
The WCPFC extended the U.S. bigeye tuna limit for 2012 through CMM
2011-01 (August 27, 2012, 77 FR 51709), and for fishing year 2013
through CMM 2012-01 (September 23, 2013, 78 FR 58240). In addition,
under CMM 2012-01, Small Island Developing States and Participating
Territories of the WCPFC, including American Samoa, Guam, and the CNMI,
were not subject to individual longline limits for bigeye tuna for
fishing year 2013. Subsequently, in December 2013, the WCPFC adopted a
new tropical tuna conservation and management measure, which maintain
the U.S. longline bigeye tuna catch limit of 3,763 mt for 2014, and
reduces the limit to 3,554 mt in 2015 and 2016, and to 3,345 mt for
2017. CMM 2013-01 further provides that members that caught less than
[[Page 79389]]
2,000 mt of bigeye in 2004 are limited to no more than 2,000 mt in each
of 2014, 2015, 2016, and 2017. However, this limit does not apply to
Small Island Developing States and Participating Territories of the
WCPFC. Consistent with previous WCPFC measures, the U.S. participating
territories are not subject to individual longline limits for bigeye
tuna under CMM 2013-01.
There are two Hawaii longline fisheries: The deep-set fishery that
targets bigeye tuna, and the shallow-set fishery that targets
swordfish, but also retains other pelagic management unit species
(MUS), including bigeye tuna. Therefore, of the U.S. bigeye tuna limit
applies to vessels operating in both fisheries. NMFS monitors the catch
of all pelagic MUS by each longline fishery and on the date NMFS
projects the fisheries will reach the U.S. bigeye tuna limit, NMFS
prohibits the retention, transshipment, or landing of bigeye tuna by
Hawaii longline vessels in the WCPO through the remainder of the year
as occurred in 2009 and 2010.
In 2011, the U.S. Congress passed Public Law 112-55, 125 Stat. 552
et seq., the Consolidated and Further Continuing Appropriations Act
(CFCAA), 2012. Section 113 of the CFCAA allows the U.S. participating
territories to use, assign, allocate, and manage catch or effort limits
agreed to by the WCPFC through fishing agreements with fishing vessels
of the United States to support fisheries development in the
territories, and directed NMFS to attribute pelagic MUS catches made by
such vessels to the U.S. participating territory to which the agreement
applies. In 2011, NMFS forecasted that the U.S. bigeye catch limit of
3,763 mt would likely be reached on November 17, 2011. Under the
authority provided by Section 113 of the CFCAA, American Samoa entered
into a fishing agreement with certain Hawaii longline fishing vessels
and, from November 18 through December 31, 2011, NMFS attributed to
American Samoa, 628 mt of bigeye tuna caught by those vessels. Because
of the Section 113 agreement, the U.S. bigeye tuna limit was not
reached, and Hawaii longline vessels that were not part of that
agreement continued to catch bigeye tuna in the WCPO under the
remaining amount of the U.S. bigeye tuna catch limit.
In 2012, NMFS forecasted that the U.S. bigeye tuna catch limit of
3,763 mt would be reached on November 27, 2012. In accordance with
federal regulations at 50 CFR 300.224, from November 20, 2012, through
December 31, 2012, NMFS attributed to American Samoa 771 mt of bigeye
tuna caught by Hawaii longline vessels identified in the American Samoa
fishing agreement. Consequently, the U.S. bigeye tuna limit was not
reached, and Hawaii longline vessels that were not part of that
agreement continued fishing for bigeye tuna in the WCPO under the
remaining amount of the U.S. bigeye tuna catch limit. In both 2011 and
2012, the United States did not exceed its bigeye tuna limit of 3,763
mt, and the amount of bigeye caught by Hawaii-based longline vessels
identified in the fishing agreements with American Samoa, and
attributed to the territory was less than 1,000 mt each year.
In 2013, the U.S. Congress extended the Section 113 provisions
through Public Law 113-6, 125 Stat. 603, Section 110, the Department of
Commerce Appropriations Act, 2013. For fishing year 2013, the CNMI
entered into a Section 113 agreement with participants in the Hawaii
longline fisheries. On December 5, 2013, in accordance with NMFS
regulations at 50 CFR 300.224, NMFS began attributing to the CNMI
bigeye tuna catches made by vessels identified in the agreement. The
attribution is expected to continue through the end of 2013. NMFS does
not expect the 2013 U.S. bigeye tuna limit of 3,763 mt to be reached.
As directed in Section 113 of the CFCAA, the Council prepared
Amendment 7 to the Pelagics FEP for Secretarial Review. If approved,
the proposed action in Amendment 7 would:
Establish a process for specifying catch or fishing effort
limits and accountability measures for pelagic fisheries in the U.S.
participating territories.
Authorize each U.S. participating territory to enter into
specified fishing agreements with fishing vessels of the United States
permitted under the Pelagic FEP and allocate to those vessels, a
specified portion of a territory's catch or fishing effort limit, as
determined by NMFS and the Council;
Establish the criteria specified fishing agreements must
satisfy, and procedures for reviewing specified fishing agreements; and
Establish accountability measures for attributing and
restricting catch and effort towards the specified limits, including
catches and effort made by vessels identified in specified fishing
agreements.
Comments on Amendment 7 must be received by February 28, 2014 to be
considered by NMFS in the decision to approve, partially approve, or
disapprove the amendment. NMFS soon expects to publish and request
public comment on a proposed rule that would implement the measures
recommended in Amendment 7.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 24, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-31195 Filed 12-27-13; 8:45 am]
BILLING CODE 3510-22-P