Pacific Island Pelagic Fisheries; 2019 U.S. Territorial Longline Bigeye Tuna Catch Limits, 26394-26396 [2019-11853]
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26394
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
of our proposal and information on the
peer review process.
DATES: Public information open house
and public hearing: We will hold a
public open house followed by a public
hearing on our proposed rule on June
25, 2019. The public open house will be
held from 5:00 p.m. to 6:30 p.m., and
the public hearing from 6:30 p.m. to
9:00 p.m.
Availability of documents: The peer
review report is available beginning
June 3, 2019.
ADDRESSES: Public open house and
hearing: A public open house followed
by a public hearing will be held at
Franklin Arts Center Auditorium, 1001
Kingwood Street, Brainerd, Minnesota
56401. See Public Information Open
House and Public Hearing, below, for
more information.
Availability of documents: You may
obtain copies of our proposed rule to
remove the gray wolf from the List of
Endangered and Threatened Wildlife
and supporting documents, including
the final peer review report and the peer
review plan, on the internet at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2018–0097. The final peer
review report is also available on our
website at https://www.fws.gov/
endangered/improving_esa/peer_
review_process.html. Additional
information on the nature of the peer
review can be found in the peer review
plan, which is also available at: https://
www.fws.gov/endangered/esa-library/
pdf/Gray-Wolf-Peer-Review-Plan.pdf.
FOR FURTHER INFORMATION CONTACT: Don
Morgan, Chief, Branch of Delisting and
Foreign Species, Ecological Services;
U.S. Fish and Wildlife Service,
Headquarters Office, MS: ES, 5275
Leesburg Pike, Falls Church, VA 22041–
3803. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the
Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.),
the List of Endangered and Threatened
Wildlife (List) in title 50 of the Code of
Federal Regulations (50 CFR 17.11(h))
currently includes the gray wolf (Canis
lupus). On March 15, 2019, the Service
proposed to remove gray wolves in the
lower 48 United States and Mexico from
the List and opened a 60-day public
comment period on the proposed action
(84 FR 9648). On May 14, 2019, we
extended the public comment period 60
days, to July 15, 2019 (84 FR 21312).
The Service now announces a public
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open house and hearing as specified
above in DATES.
Public Information Open House and
Public Hearing
We are holding a public information
open house followed by a public
hearing on the date listed in DATES at the
location listed in ADDRESSES. We are
holding the public hearing to provide
interested parties an opportunity to
present verbal testimony (formal, oral
comments) or hand-deliver their written
comments regarding the March 15, 2019
(84 FR 9648), proposal to remove the
gray wolf from the List. The public
information open house will provide an
opportunity for dialogue with the
Service. The public hearing portion is a
forum for accepting formal verbal
testimony and does not provide an
opportunity for such dialogue with the
Service. In the event there is a large
attendance, the time allotted for oral
statements may be limited. Therefore,
anyone wishing to make an oral
statement at the public hearing for the
record is encouraged to provide a
prepared written copy of their statement
to us at the hearing. Speakers can sign
up at the hearing if they desire to make
an oral statement. Oral and written
statements receive equal consideration.
There are no limits on the length of
written comments submitted to us.
Persons with disabilities needing
reasonable accommodations to
participate in the public hearing should
contact the Headquarters Office (see FOR
FURTHER INFORMATION CONTACT).
Reasonable accommodation requests
should be requested as soon as possible
to help ensure availability.
Peer Review
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (59 FR 34270),
the Service submitted the March 15,
2019, proposal for independent expert
peer review. The purpose of seeking
independent peer review is to ensure
use of the best scientific and
commercial information available and to
ensure and maximize the quality,
objectivity, utility, and integrity of the
information upon which the proposal is
based, as well as to ensure that reviews
by qualified experts are incorporated
into the rulemaking process. For
information on accessing the final peer
review report and the peer review plan,
see ADDRESSES.
Authors
The primary authors of this notice are
the Ecological Services staff of the
Headquarters Office, U.S. Fish and
Wildlife Service.
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Fmt 4702
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Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: May 31, 2019
Margaret E. Everson,
Principal Deputy Director, Exercising the
Authority of the Director for the U.S. Fish
and Wildlife Service.
[FR Doc. 2019–11908 Filed 6–5–19; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 190325272–9470–01]
RIN 0648–XG925
Pacific Island Pelagic Fisheries; 2019
U.S. Territorial Longline Bigeye Tuna
Catch Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed specifications; request
for comments.
AGENCY:
NMFS proposes a 2019 limit
of 2,000 metric tons (t) of longlinecaught bigeye tuna for each U.S. Pacific
territory (American Samoa, Guam, and
the Commonwealth of the Northern
Mariana Islands (CNMI)). NMFS would
allow each territory to allocate up to
1,000 t each year to U.S. longline fishing
vessels in a specified fishing agreement
that meets established criteria. 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 June 21, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0028, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/#!docket
Detail;D=NOAA-NMFS-2019-0028, click
the ‘‘Comment Now!’’ icon, complete
the required fields, and enter or attach
your comments.
• Mail: Send written comments to
Michael D. Tosatto, Regional
SUMMARY:
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Proposed Rules
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 https://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).
FOR FURTHER INFORMATION CONTACT:
Rebecca Walker, NMFS PIRO
Sustainable Fisheries, 808–725–5184.
SUPPLEMENTARY INFORMATION: NMFS
proposes to specify a 2019 catch limit of
2,000 t of longline-caught bigeye tuna
for each U.S. Pacific territory. NMFS
would also authorize each U.S. Pacific
territory to allocate up to 1,000 t of its
2,000 t bigeye tuna limit 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 Western
Pacific Fishery Management Council
recommended these specifications. The
proposed catch and allocation limits
and accountability measures are
identical to those NMFS specified for
U.S. territories in each year since 2014
(for the most recent example, see 83 FR
53399, October 23, 2018).
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
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 the proposed action and draft
environmental assessment, and will
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15:54 Jun 05, 2019
Jkt 247001
announce the final specifications in the
Federal Register. On March 20, 2017, in
Territory of American Samoa v. NMFS,
et al. (16–cv–95, D. Haw), a federal
judge set aside a NMFS rule that
amended the American Samoa Large
Vessel Prohibited Area (LVPA) for
eligible longliners on the grounds that
NMFS did not consider under the Deeds
of Cession the protection of cultural
fishing in American Samoa. NMFS has
appealed this decision, which is
pending before the Ninth Circuit Court
of Appeals. NMFS also invites public
comments that address the impact of
this proposed rule on cultural fishing in
American Samoa.
NMFS must receive any comments on
this rule by the date provided in the
DATES heading. NMFS may 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 for Fisheries
has determined that this proposed
specification is consistent with the FEP,
other provisions of the MagnusonStevens Act, and other applicable laws,
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
2019 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 allow
each territory to allocate up to 1,000 t
of its 2,000 t limit 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
PO 00000
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Fmt 4702
Sfmt 4702
26395
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 directly
apply to longline vessels federally
permitted under the FEP, specifically
Hawaii, American Samoa, and Western
Pacific longline permit holders. As of
March 2019, 144 vessels had Hawaii
permits and 46 had American Samoa
permits. There are no active Western
Pacific general longline permitted
vessels.
Based on dealer data collected by the
State of Hawaii, Hawaii longline vessels
landed approximately 32.75 million
pounds of pelagic fish valued at $101.6
million in 2017. With 145 vessels
making either a deep- or shallow-set trip
in 2017, the ex-vessel value of pelagic
fish caught by Hawaii-based longline
fisheries averaged almost $701,000 per
vessel. In 2017, American Samoa-based
longline vessels landed approximately
4.8 million pounds of pelagic fish
valued at $4.7 million, where albacore
made up the largest proportion of
pelagic longline commercial landings at
3.04 million pounds. With 15 active
longline vessels in 2017, the ex-vessel
value of pelagic fish caught by
American Samoa fishery averaged about
$313,333 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 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 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
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Proposed Rules
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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. In 2018, all dual
American Samoa/Hawaii longline
permitted vessels were included in the
fishing agreement with the CNMI and
American Samoa. Therefore, NMFS
attributed bigeye catches by those
vessels to the two territories.
The 2019 U.S. bigeye tuna catch limit
is 3,554 t, which is the same limit in
place for 2018. NMFS established this
limit through a separate action (83 FR
33851, July 18, 2018). Based on
preliminary logbook data, NMFS
expects the fishery to reach this limit by
October 20, 2019.
Through this action, Hawaii-based
longline vessels could potentially enter
into one or more fishing agreements
with participating territories. This
would enhance the ability of these
vessels to extend fishing effort in the
western and central Pacific Ocean after
reaching the 2019 U.S. limit and
provide more bigeye tuna for markets in
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15:54 Jun 05, 2019
Jkt 247001
Hawaii. Providing opportunity to land
bigeye tuna in Hawaii in the last quarter
of the year when market demand is 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 Western and Central
Pacific Fishery Commission’s (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
Western and Central Pacific Fisheries
Commission longline limits is not
expected to adversely affect vessels
based in the territories.
Historical catch of bigeye tuna by the
American Samoa longline fleet has been
less than 2,000 t, even including the
catch of vessels based in American
Samoa, catch by dual permitted vessels
that land their catch in Hawaii, and
catch attributed to American Samoa
from U.S. vessels under specified
fishing agreements. With regard to
Guam and the CNMI, no longline fishing
has occurred since 2011.
Under the proposed action, longline
fisheries managed under the FEP are not
expected to expand substantially nor
change the manner in which they are
currently conducted, (i.e., area fished,
number of vessels longline fishing,
PO 00000
Frm 00024
Fmt 4702
Sfmt 9990
number of trips taken per year, number
of hooks set per vessel during a trip,
depth of hooks, or deployment
techniques in setting longline gear), due
to existing operational constraints in the
fleet, the limited entry permit programs,
and protected species mitigation
requirements. The proposed rule 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
rule based on gear type, or relative
vessel size. The proposed rule 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 E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 3, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–11853 Filed 6–5–19; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Proposed Rules]
[Pages 26394-26396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11853]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 190325272-9470-01]
RIN 0648-XG925
Pacific Island Pelagic Fisheries; 2019 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.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes a 2019 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)). NMFS would allow each territory to allocate up to 1,000 t each
year to U.S. longline fishing vessels in a specified fishing agreement
that meets established criteria. 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 June 21, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0028, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0028, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Send written comments to Michael D. Tosatto,
Regional
[[Page 26395]]
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 https://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).
FOR FURTHER INFORMATION CONTACT: Rebecca Walker, NMFS PIRO Sustainable
Fisheries, 808-725-5184.
SUPPLEMENTARY INFORMATION: NMFS proposes to specify a 2019 catch limit
of 2,000 t of longline-caught bigeye tuna for each U.S. Pacific
territory. NMFS would also authorize each U.S. Pacific territory to
allocate up to 1,000 t of its 2,000 t bigeye tuna limit 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 Western Pacific Fishery Management
Council recommended these specifications. The proposed catch and
allocation limits and accountability measures are identical to those
NMFS specified for U.S. territories in each year since 2014 (for the
most recent example, see 83 FR 53399, October 23, 2018).
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 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 the proposed action and draft
environmental assessment, and will announce the final specifications in
the Federal Register. On March 20, 2017, in Territory of American Samoa
v. NMFS, et al. (16-cv-95, D. Haw), a federal judge set aside a NMFS
rule that amended the American Samoa Large Vessel Prohibited Area
(LVPA) for eligible longliners on the grounds that NMFS did not
consider under the Deeds of Cession the protection of cultural fishing
in American Samoa. NMFS has appealed this decision, which is pending
before the Ninth Circuit Court of Appeals. NMFS also invites public
comments that address the impact of this proposed rule on cultural
fishing in American Samoa.
NMFS must receive any comments on this rule by the date provided in
the DATES heading. NMFS may 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 for Fisheries has determined that this proposed
specification is consistent with the FEP, other provisions of the
Magnuson-Stevens Act, and other applicable laws, 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 2019 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 allow each territory to
allocate up to 1,000 t of its 2,000 t limit 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 directly apply to longline vessels
federally permitted under the FEP, specifically Hawaii, American Samoa,
and Western Pacific longline permit holders. As of March 2019, 144
vessels had Hawaii permits and 46 had American Samoa permits. There are
no active Western Pacific general longline permitted vessels.
Based on dealer data collected by the State of Hawaii, Hawaii
longline vessels landed approximately 32.75 million pounds of pelagic
fish valued at $101.6 million in 2017. With 145 vessels making either a
deep- or shallow-set trip in 2017, the ex-vessel value of pelagic fish
caught by Hawaii-based longline fisheries averaged almost $701,000 per
vessel. In 2017, American Samoa-based longline vessels landed
approximately 4.8 million pounds of pelagic fish valued at $4.7
million, where albacore made up the largest proportion of pelagic
longline commercial landings at 3.04 million pounds. With 15 active
longline vessels in 2017, the ex-vessel value of pelagic fish caught by
American Samoa fishery averaged about $313,333 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 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 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
[[Page 26396]]
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. In 2018, all dual American Samoa/Hawaii longline
permitted vessels were included in the fishing agreement with the CNMI
and American Samoa. Therefore, NMFS attributed bigeye catches by those
vessels to the two territories.
The 2019 U.S. bigeye tuna catch limit is 3,554 t, which is the same
limit in place for 2018. NMFS established this limit through a separate
action (83 FR 33851, July 18, 2018). Based on preliminary logbook data,
NMFS expects the fishery to reach this limit by October 20, 2019.
Through this action, Hawaii-based longline vessels could
potentially enter into one or more fishing agreements with
participating territories. This would enhance the ability of these
vessels to extend fishing effort in the western and central Pacific
Ocean after reaching the 2019 U.S. limit and provide more bigeye tuna
for markets in Hawaii. Providing opportunity to land bigeye tuna in
Hawaii in the last quarter of the year when market demand is 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
Western and Central Pacific Fishery Commission's (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 Western and Central Pacific Fisheries Commission longline
limits is not expected to adversely affect vessels based in the
territories.
Historical catch of bigeye tuna by the American Samoa longline
fleet has been less than 2,000 t, even including the catch of vessels
based in American Samoa, catch by dual permitted vessels that land
their catch in Hawaii, and catch attributed to American Samoa from U.S.
vessels under specified fishing agreements. With regard to Guam and the
CNMI, no longline fishing has occurred since 2011.
Under the proposed action, longline fisheries managed under the FEP
are not expected to expand substantially nor change the manner in which
they are currently conducted, (i.e., area fished, number of vessels
longline fishing, number of trips taken per year, number of hooks set
per vessel during a trip, depth of hooks, or deployment techniques in
setting longline gear), due to existing operational constraints in the
fleet, the limited entry permit programs, and protected species
mitigation requirements. The proposed rule 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 rule based on gear type, or relative
vessel size. The proposed rule 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 E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 3, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-11853 Filed 6-5-19; 8:45 am]
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