Pacific Island Pelagic Fisheries; 2015 U.S. Territorial Longline Bigeye Tuna Catch Limits for Guam, 68778-68779 [2015-28298]

Download as PDF 68778 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: October 29, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.578, revise the tolerance for commodities in the table in paragraph (c) to read as follows: Review, NASA conducted a comprehensive review of its regulations and published two final rules in the Federal Register. The final rule published on March 12, 2015, (80 FR 12935) requires the following editorial changes: • Renumber section 1817.7300 as 1817.7000 and section 1817.7302 as 1817.7002. The final rule published on March 12, 2015, redesignated subpart 1817.73 as 1817.70, but failed to address its subsections. • Correct the clause date at section 1852.215–81. List of Subject in 48 CFR Parts 1817 and 1852 § 180.578 Acetamiprid; tolerances for residues. * * * (c) * * * * Clover, forage ....................... Clover, hay ........................... * * * * PART 1817—SPECIAL CONTRACTING METHODS Parts per million Commodity Manuel Quinones, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1817 and 1852 are amended as follows: * 0.30 2.0 1. The authority citation for part 1817 is revised to read as follows: ■ Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. * [FR Doc. 2015–28356 Filed 11–5–15; 8:45 am] Subpart 1817–70 [Amended] BILLING CODE 6560–50–P 1817.7300 and 1817.7302 [Redesignated as 1817.7000 and 1817.7002] NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 2. Amend subpart 1817.70 by redesignating section 1817.7300 as 1817.7000 and section 1817.7302 as 1817.7002. ■ 48 CFR Parts 1817 and 1852 NASA Federal Acquisition Regulation Supplement National Aeronautics and Space Administration. ACTION: Technical amendments. AGENCY: PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. The authority citation for part 1852 continues to read as follows: ■ NASA is making technical amendments to the NASA FAR Supplement (NFS) to provide needed editorial changes. DATES: Effective: November 6, 2015. FOR FURTHER INFORMATION CONTACT: Manuel Quinones, NASA, Office of Procurement, Contract and Grant Policy Division, via email at manuel.quinones@nasa.gov, or telephone (202) 358–2143. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. 1852.215–81 [Amended] 4. Amend section 1852.215–81 by removing ‘‘FEB 1998’’ and adding ‘‘APR 2015’’ in its place. ■ [FR Doc. 2015–28309 Filed 11–5–15; 8:45 am] BILLING CODE 7510–13–P I. Background As part of NASA’s retrospective review of existing regulations pursuant to section 6 of Executive Order 13563, Improving Regulation and Regulatory VerDate Sep<11>2014 17:42 Nov 05, 2015 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 150615523–5973–03] RIN 0648–XD998 Pacific Island Pelagic Fisheries; 2015 U.S. Territorial Longline Bigeye Tuna Catch Limits for Guam National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final specifications. AGENCY: In this final rule, NMFS specifies a 2015 limit of 2,000 metric tons (mt) of longline-caught bigeye tuna for Guam. NMFS will allow the territory to allocate up to 1,000 mt each year to U.S. longline fishing vessels in a specified fishing agreement that meets established criteria. As an accountability measure, NMFS will monitor, attribute, and restrict (if necessary) catches of longline-caught bigeye tuna, including catches made under a specified fishing agreement. These catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands. DATES: The final specifications are effective November 6, 2015, through December 31, 2015. The deadline to submit a specified fishing agreement pursuant to 50 CFR 665.819(b)(3) for review is December 7, 2015. ADDRESSES: Copies of the fishery ecosystem plans are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808–522–8226, or www.wpcouncil.org. Copies of the environmental assessment (EA) and finding of no significant impact for this action, identified by NOAA–NMFS–2015–0077, are available from www.regulations.gov, or from Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable Fisheries, 808–725–5176. SUPPLEMENTARY INFORMATION: NMFS is specifying a catch limit of 2,000 mt of longline-caught bigeye tuna for Guam in 2015. NMFS is also authorizing the territory to allocate up to 1,000 mt of its 2,000 mt bigeye tuna limit to U.S. SUMMARY: Government procurement. ■ DEPARTMENT OF COMMERCE E:\FR\FM\06NOR1.SGM 06NOR1 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations longline fishing vessels permitted to fish under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP). The Western Pacific Fishery Management Council recommended these specifications. NMFS will monitor catches of longline-caught bigeye tuna by the Guam longline fisheries, including catches made by U.S. longline vessels operating under specified fishing agreements. A specified fishing agreement must meet specific criteria set forth in 50 CFR 665.819 (Territorial catch and fishing effort limits), which also governs the procedures for attributing longline-caught bigeye tuna. When NMFS projects a territorial catch or allocation limit will be reached, NMFS will, as an accountability measure, prohibit the catch and retention of longline-caught bigeye tuna by vessels in the applicable 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). These catch and allocation limits and accountability measures are identical to those that NMFS specified in 2014 (79 FR 64097, October 28, 2014). NMFS notes that there is a pending case in litigation— Conservation Council for Hawai'i, et al., v. NMFS (D. Haw.), case no. 14–cv– 528—that challenges the framework process allowing the U.S. Pacific Island territories to allocate a portion of their bigeye tuna catch limit to U.S. longline fishing vessels. You may find additional background information on this action in the preamble to the proposed specifications published on August 24, 2015 (80 FR 51193). mstockstill on DSK4VPTVN1PROD with RULES Comments and Responses On August 24, 2015, NMFS published the proposed specifications for the three U.S. Pacific territories (Commonwealth of Northern Mariana Islands (CNMI), Guam, and American Samoa) and request for public comments (80 FR 51193); the comment period closed on September 8, 2015. NMFS received comments from individuals, businesses, and non-governmental organizations on the proposed specifications and the draft EA. NMFS responded to comments on the proposed specifications for all three territories when it published the final 2015 bigeye tuna specifications for the CNMI (80 FR 61767, October 14, 2015), and does not repeat the comments and responses here. VerDate Sep<11>2014 16:19 Nov 05, 2015 Jkt 238001 Changes From the Proposed Specifications In the proposed specifications published on August 24, 2015 (80 FR 51193), NMFS proposed to specify a catch limit of 2,000 mt of longlinecaught bigeye tuna for each of the three U.S. Pacific territories. NMFS also proposed to authorize each territory to allocate up to 1,000 mt of its 2,000 mt bigeye tuna limit to U.S. longline fishing vessels permitted to fish under the FEP. NMFS determined that the proposed catch and allocation limits were consistent to the maximum extent practicable with the enforceable policies of the approved coastal zone management programs of each of the three territories. At that time, the coastal management program of the CNMI concurred with this determination. The American Samoa coastal management program, however, requested an extension of time to review the proposed action. Under regulations at 15 CFR 930.41(b), NMFS approved the requested extension. Additionally, at that time, the Guam coastal management program also indicated that it was still reviewing the proposed specifications. For these reasons, NMFS implemented the 2015 limits only for the CNMI, effective October 9, 2015 (80 FR 61767, October 14, 2015). On October 12, 2015, the Coastal Management Program of Guam concurred with the NMFS consistency determination. Therefore, in this action, NMFS will implement the 2015 limits for Guam. We will consider the American Samoa review of the CZMA federal consistency determination before implementing a 2015 limit for American Samoa. Classification The Regional Administrator, NMFS PIR, determined that this action is necessary for the conservation and management of Pacific Island fishery resources, and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. 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 impact on a substantial number of small entities. NMFS published the factual basis for the certification in the proposed rule and does not repeat it here. NMFS received no comments on this certification. As a result, a PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 68779 regulatory flexibility analysis is not required, and none has been prepared. There is good cause to waive the 30day delay requirement of the Administrative Procedure Act, 5 U.S.C. 553(d)(3), and make this rule effective immediately upon publication in the Federal Register. NMFS closed the U.S. pelagic longline fishery for bigeye tuna in the WCPO on August 5, 2015, because the fishery reached the 2015 U.S. WCPO catch limit (80 FR 44883, July 28, 2015). However, after NMFS implemented the 2015 limits for the CNMI, effective October 9, 2015 (80 FR 61767, October 14, 2015), the Governor of the CNMI immediately transmitted a specified fishing agreement that NMFS determined met the criteria set forth in 50 CFR 665.819 (Territorial catch and fishing effort limits). As a result, U.S. vessels identified in the CNMI specified fishing agreement may retain and land bigeye tuna up to the amount 1,000 mt allocated. Should the fishery harvest the 1,000 mt allocation limit provided by the CNMI agreement before this rule becomes effective, NMFS would prohibit vessels from entering into specified fishing agreements with Guam during that period. Such delay could disrupt fishing operations and have negative financial effects on the fishing community, including vessels, restaurants, and other seafood-related businesses. This action is intended to ameliorate the potential for such impacts. Furthermore, NMFS has determined that this action is consistent with the conservation needs of target and non-target stocks, and would not result in significant impacts to the human environment. Finally, these specifications are only in effect through the end of 2015; delaying the effective date by thirty days would effectively reduce the available time to engage in fishing operations by half. Accordingly, NMFS finds it impracticable and contrary to the public interest to provide a 30-day delay in effectiveness for this rule. This action is exempt from review under E.O. 12866 because it contains no implementing regulations. Authority: 16 U.S.C. 1801 et seq. Dated: November 2, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2015–28298 Filed 11–5–15; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\06NOR1.SGM 06NOR1

Agencies

[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68778-68779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28298]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 150615523-5973-03]
RIN 0648-XD998


Pacific Island Pelagic Fisheries; 2015 U.S. Territorial Longline 
Bigeye Tuna Catch Limits for Guam

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final specifications.

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SUMMARY: In this final rule, NMFS specifies a 2015 limit of 2,000 
metric tons (mt) of longline-caught bigeye tuna for Guam. NMFS will 
allow the territory to allocate up to 1,000 mt each year to U.S. 
longline fishing vessels in a specified fishing agreement that meets 
established criteria. As an accountability measure, NMFS will monitor, 
attribute, and restrict (if necessary) catches of longline-caught 
bigeye tuna, including catches made under a specified fishing 
agreement. These catch limits and accountability measures support the 
long-term sustainability of fishery resources of the U.S. Pacific 
Islands.

DATES: The final specifications are effective November 6, 2015, through 
December 31, 2015. The deadline to submit a specified fishing agreement 
pursuant to 50 CFR 665.819(b)(3) for review is December 7, 2015.

ADDRESSES: Copies of the fishery ecosystem plans are available from the 
Western Pacific Fishery Management Council (Council), 1164 Bishop St., 
Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or 
www.wpcouncil.org.
    Copies of the environmental assessment (EA) and finding of no 
significant impact for this action, identified by NOAA-NMFS-2015-0077, 
are available from www.regulations.gov, or from Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable 
Fisheries, 808-725-5176.

SUPPLEMENTARY INFORMATION: NMFS is specifying a catch limit of 2,000 mt 
of longline-caught bigeye tuna for Guam in 2015. NMFS is also 
authorizing the territory to allocate up to 1,000 mt of its 2,000 mt 
bigeye tuna limit to U.S.

[[Page 68779]]

longline fishing vessels permitted to fish under the Fishery Ecosystem 
Plan for Pelagic Fisheries of the Western Pacific (FEP). The Western 
Pacific Fishery Management Council recommended these specifications.
    NMFS will monitor catches of longline-caught bigeye tuna by the 
Guam longline fisheries, including catches made by U.S. longline 
vessels operating under specified fishing agreements. A specified 
fishing agreement must meet specific criteria set forth in 50 CFR 
665.819 (Territorial catch and fishing effort limits), which also 
governs the procedures for attributing longline-caught bigeye tuna. 
When NMFS projects a territorial catch or allocation limit will be 
reached, NMFS will, as an accountability measure, prohibit the catch 
and retention of longline-caught bigeye tuna by vessels in the 
applicable 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). These catch and 
allocation limits and accountability measures are identical to those 
that NMFS specified in 2014 (79 FR 64097, October 28, 2014). NMFS notes 
that there is a pending case in litigation--Conservation Council for 
Hawai'i, et al., v. NMFS (D. Haw.), case no. 14-cv-528--that challenges 
the framework process allowing the U.S. Pacific Island territories to 
allocate a portion of their bigeye tuna catch limit to U.S. longline 
fishing vessels.
    You may find additional background information on this action in 
the preamble to the proposed specifications published on August 24, 
2015 (80 FR 51193).

Comments and Responses

    On August 24, 2015, NMFS published the proposed specifications for 
the three U.S. Pacific territories (Commonwealth of Northern Mariana 
Islands (CNMI), Guam, and American Samoa) and request for public 
comments (80 FR 51193); the comment period closed on September 8, 2015. 
NMFS received comments from individuals, businesses, and non-
governmental organizations on the proposed specifications and the draft 
EA. NMFS responded to comments on the proposed specifications for all 
three territories when it published the final 2015 bigeye tuna 
specifications for the CNMI (80 FR 61767, October 14, 2015), and does 
not repeat the comments and responses here.

Changes From the Proposed Specifications

    In the proposed specifications published on August 24, 2015 (80 FR 
51193), NMFS proposed to specify a catch limit of 2,000 mt of longline-
caught bigeye tuna for each of the three U.S. Pacific territories. NMFS 
also proposed to authorize each territory to allocate up to 1,000 mt of 
its 2,000 mt bigeye tuna limit to U.S. longline fishing vessels 
permitted to fish under the FEP.
    NMFS determined that the proposed catch and allocation limits were 
consistent to the maximum extent practicable with the enforceable 
policies of the approved coastal zone management programs of each of 
the three territories. At that time, the coastal management program of 
the CNMI concurred with this determination. The American Samoa coastal 
management program, however, requested an extension of time to review 
the proposed action. Under regulations at 15 CFR 930.41(b), NMFS 
approved the requested extension. Additionally, at that time, the Guam 
coastal management program also indicated that it was still reviewing 
the proposed specifications. For these reasons, NMFS implemented the 
2015 limits only for the CNMI, effective October 9, 2015 (80 FR 61767, 
October 14, 2015).
    On October 12, 2015, the Coastal Management Program of Guam 
concurred with the NMFS consistency determination. Therefore, in this 
action, NMFS will implement the 2015 limits for Guam. We will consider 
the American Samoa review of the CZMA federal consistency determination 
before implementing a 2015 limit for American Samoa.

Classification

    The Regional Administrator, NMFS PIR, determined that this action 
is necessary for the conservation and management of Pacific Island 
fishery resources, and that it is consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act and other applicable laws.
    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 impact on a substantial number of small 
entities. NMFS published the factual basis for the certification in the 
proposed rule and does not repeat it here. NMFS received no comments on 
this certification. As a result, a regulatory flexibility analysis is 
not required, and none has been prepared.
    There is good cause to waive the 30-day delay requirement of the 
Administrative Procedure Act, 5 U.S.C. 553(d)(3), and make this rule 
effective immediately upon publication in the Federal Register. NMFS 
closed the U.S. pelagic longline fishery for bigeye tuna in the WCPO on 
August 5, 2015, because the fishery reached the 2015 U.S. WCPO catch 
limit (80 FR 44883, July 28, 2015). However, after NMFS implemented the 
2015 limits for the CNMI, effective October 9, 2015 (80 FR 61767, 
October 14, 2015), the Governor of the CNMI immediately transmitted a 
specified fishing agreement that NMFS determined met the criteria set 
forth in 50 CFR 665.819 (Territorial catch and fishing effort limits). 
As a result, U.S. vessels identified in the CNMI specified fishing 
agreement may retain and land bigeye tuna up to the amount 1,000 mt 
allocated.
    Should the fishery harvest the 1,000 mt allocation limit provided 
by the CNMI agreement before this rule becomes effective, NMFS would 
prohibit vessels from entering into specified fishing agreements with 
Guam during that period. Such delay could disrupt fishing operations 
and have negative financial effects on the fishing community, including 
vessels, restaurants, and other seafood-related businesses. This action 
is intended to ameliorate the potential for such impacts. Furthermore, 
NMFS has determined that this action is consistent with the 
conservation needs of target and non-target stocks, and would not 
result in significant impacts to the human environment. Finally, these 
specifications are only in effect through the end of 2015; delaying the 
effective date by thirty days would effectively reduce the available 
time to engage in fishing operations by half. Accordingly, NMFS finds 
it impracticable and contrary to the public interest to provide a 30-
day delay in effectiveness for this rule.
    This action is exempt from review under E.O. 12866 because it 
contains no implementing regulations.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: November 2, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-28298 Filed 11-5-15; 8:45 am]
 BILLING CODE 3510-22-P