Pacific Island Fisheries; 2020 U.S. Territorial Longline Bigeye Tuna Catch Limits, 50961-50962 [2020-17464]
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Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Rules and Regulations
minimum population abundance
(Nmin), used for computation of PBR, is
calculated as 1,567 animals. The PBR
for this stock within the EEZ is
calculated to be 16 pelagic false killer
whales. Under the Marine Mammal
Protection Act Guidelines for Assessing
Marine Mammal Stocks (NMFS 2012),
the 5-year (2015–2019) average M/SI
rate of pelagic false killer whales within
the Hawaii EEZ incidental to the Hawaii
longline deep-set fishery is 9.8 whales
per year. Based on this information,
NMFS has determined that criterion (iv)
of the Plan is met, with the 5-year
average estimated false killer whale M/
SI incidental to the deep-set longline
fishery (9.8 whales) below PBR level for
the Hawaii Pelagic stock of false killer
whales (16 whales). Consequently, in
compliance with 50 CFR 229.37(e)(8)
NMFS is reopening the SEZ to Hawaii
deep-set longline fishing.
Information on the Plan is available
on the internet at the following address:
https://www.fisheries.noaa.gov/pacificislands/marine-mammal-protection/
pacific-islands-region-false-killer-whaletake-reduction-team. NOAA
Administrative Report H–20–06 is
available on the internet at the following
address: https://doi.org/10.25923/wmg3ps37, and NOAA Technical
Memorandum NMFS–PIFSC–104 is
available on the internet at the following
address: https://doi.org/10.25923/2jjgp807. Copies of reference materials may
also be obtained from the NMFS Pacific
Islands Regional Office, Protected
Resources Division, 1845 Wasp Blvd.,
Building 176, Honolulu, HI 96818.
This document serves as advance
notification to fishermen, the fishing
industry, and the general public that the
SEZ will be opened to deep-set longline
fishing starting on August 25, 2020.
jbell on DSKJLSW7X2PROD with RULES
Classification
There is good cause to waive prior
notice and an opportunity for public
comment on this action pursuant to 5
U.S.C. 553(b)(B). Prior notice and
comment is unnecessary because the
take reduction plan final rule (77 FR
71259, November 29, 2012) that
implements the procedure reopening
the SEZ (codified at 50 CFR 229.37(e))
has already been subject to an extensive
public process, including the
opportunity for prior notice and
comment. All that remains is to notify
the public that the SEZ reopening
criteria defined in the Plan regulations
have been met and the SEZ will be
opened to deep-set longline fishing.
This action is required by 50 CFR
229.37(e)(7), and is exempt from review
under Executive Order 12866.
VerDate Sep<11>2014
15:52 Aug 18, 2020
Jkt 250001
Authority: 16 U.S.C. 1361 et seq.
Dated: August 14, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–18308 Filed 8–18–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 200805–0205; RTID 0648–
XP010]
Pacific Island Fisheries; 2020 U.S.
Territorial Longline Bigeye Tuna Catch
Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final specifications.
AGENCY:
NMFS specifies a 2020 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 will
allow each territory to allocate up to
1,500 t each year to U.S. longline fishing
vessels in a specified fishing agreement
that meets established criteria, but the
overall allocation limit among all
territories may not exceed 3,000 t. 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 August 17, 2020, through
December 31, 2020. The deadline to
submit a specified fishing agreement
pursuant to 50 CFR 665.819(b)(3) for
review is December 17, 2020.
ADDRESSES: Copies of the Fishery
Ecosystem Plan for Pelagic Fisheries of
the Western Pacific (Pelagic FEP) 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.
NMFS prepared environmental
analyses that describe the potential
impacts on the human environment that
would result from the action. Copies of
SUMMARY:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
50961
those analyses, which include a
supplemental environmental assessment
(SEA) and a finding of no significant
impact (FONSI), are available from
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200078, or from Michael D. Tosatto,
Regional Administrator, NMFS Pacific
Islands Region (PIR), 1845 Wasp Blvd.,
Bldg. 176, Honolulu, HI 96818.
FOR FURTHER INFORMATION CONTACT:
Lynn Rassel, NMFS PIRO Sustainable
Fisheries, 808–725–5184.
SUPPLEMENTARY INFORMATION: NMFS is
specifying a 2020 catch limit of 2,000 t
of longline-caught bigeye tuna for each
U.S. Pacific territory. NMFS is also
authorizing each U.S. Pacific territory to
allocate up to 1,500 t of its 2,000 t
bigeye tuna limit, not to exceed a 3,000
t total annual allocation limit among all
the territories, to U.S. longline fishing
vessels that are permitted to fish under
the Pelagic FEP. Those vessels must be
identified in a specified fishing
agreement with the applicable territory.
NMFS will monitor catches of longlinecaught 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 longlinecaught 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
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).
You may find additional background
information on this action in the
preamble to the proposed specifications
published on July 9, 2020 (85 FR
41223).
Comments and Responses
On July 9, 2020, NMFS published the
proposed specifications and request for
public comments (85 FR 41223); the
comment period closed on July 24,
2020. NMFS received comments from
three submitters, and responds below.
We made no changes to the final
specifications in response to comments
on the proposed specifications.
NMFS also received comments
suggesting minor housekeeping
corrections and clarifications when
finalizing the SEA, which we made in
the final SEA.
In addition, in light of the decision in
Territory of American Samoa v. NMFS,
E:\FR\FM\19AUR1.SGM
19AUR1
50962
Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
et al. (16–cv–95, D. Haw), NMFS
specifically invited public comments on
the effect of the proposed action on
cultural fishing in American Samoa.
NMFS received no comments
addressing American Samoa cultural
fishing.
Comment 1: Commercial fishing
should be banned and only subsistence
fishing should be allowed.
Response: Seafood is an important
source of protein for many people, and
commercial fishing provides fish for
people who do not have the ability to
fish for themselves. The proposed action
allows for the sustainable harvest of
bigeye tuna, consistent with the Pelagic
FEP, the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and other
applicable laws. The commercial
Hawaii longline fishery is an important
supplier of high-quality seafood that
supports local seafood demand. Local
commercial fisheries also provide jobs
and revenue for fishermen, seafood
markets, and supporting industries. This
action also reduces the dependence on
foreign fishing, which may be less
stringently monitored or regulated than
U.S. fisheries.
Comment 2: The Hawaii Longline
Association (HLA) generally supports
this action, noting the importance of
annual bigeye tuna specifications in
providing additional bigeye tuna for the
Hawaii longline fishery, and the support
for fisheries development in the
territories. While the HLA does not
think a total annual allocation cap of
3,000 t is necessary because the bigeye
tuna stock is healthy and in
consideration of various international
actions and agreements among Western
and Central Pacific Fisheries
Commission (WCPFC) members, the
HLA supports the action.
Response: NMFS is satisfied that the
annual bigeye catch and allocation
specifications are important for the
management of sustainable fisheries and
that the specified fishing agreements
provide important fisheries
development project funding. NMFS
VerDate Sep<11>2014
15:52 Aug 18, 2020
Jkt 250001
notes that the increased allocation
considers the needs of fishing
communities by adding flexibility while
continuing to support the long-term
sustainability of fishery resources of the
U.S. Pacific Islands. Utilizing the best
scientific information available, NMFS
has determined that these catch and
allocation limits are consistent with
WCPFC objectives. NMFS acknowledges
that the WCPFC has not adopted bigeye
limits for the U.S. territories and that
the Council has recommended
amending the Pelagic FEP and Federal
regulations to remove the requirement
to specify catch limits for the territories
before specifying allocation limits.
However, a plan amendment and
proposed regulations to implement this
Council recommendation have yet to be
developed.
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Pelagic FEP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
Because this rule relieves a possible
restriction, the exception in 5 U.S.C.
553(d)(1) applies so that it is not subject
to the 30-day delayed effectiveness
provision of the Administrative
Procedure Act. This rule allows U.S.
vessels identified in a valid specified
fishing agreement to continue fishing in
the Western and Central Pacific Ocean
(WCPO) even if NMFS closes the
longline fishery for bigeye tuna.
Consistent with Conservation and
Management Measure 2018–01 adopted
by the WCPFC at its December 2018
meeting, the bigeye tuna catch limit
applicable to U.S. longline fisheries in
the WCPO in 2019–2020 is 3,554 t.
When NMFS projects that the limit will
be reached, NMFS must close the
fishery for bigeye tuna in the WCPO.
Regulations at 50 CFR 665.819 require
NMFS to begin attributing longline
caught bigeye tuna to the U.S. territory
PO 00000
Frm 00026
Fmt 4700
Sfmt 9990
to which a fishing agreement applies
either seven days before the date NMFS
projects that the fishery will reach the
WCPO U.S bigeye tuna limit, or upon
the effective date of the agreement,
whichever is later. Based on longline
catch records to date, NMFS projects the
current 3,554 t limit of WCPO bigeye
tuna will be reached in September 2020.
This projected date is subject to change,
and the projected date throughout 2020
has often been earlier in the year as the
fishing year has progressed. If the
effectiveness of this final rule is delayed
past the date that the WCPO bigeye tuna
limit is reached, NMFS would be
required to publish a temporary rule
that restricts the retention of WCPO
bigeye tuna in the Hawaii-based
longline fishery until this final rule is
effective. After the effective date, NMFS
would remove the restrictions for U.S.
vessels identified in a valid specified
fishing agreement with a U.S. territory.
Implementing this rule immediately
allows the fishery to continue fishing
without the uncertainty or disruption of
a potential closure.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that the
proposed rule 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 we do not repeat it here. NMFS
received no comments on this
certification; as a result, a final
regulatory flexibility analysis is not
required, and none has been prepared.
This final rule is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801, et seq.
Dated: August 5, 2020.
Donna S. Wieting,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–17464 Filed 8–17–20; 11:15 am]
BILLING CODE 3510–22–P
E:\FR\FM\19AUR1.SGM
19AUR1
Agencies
[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Rules and Regulations]
[Pages 50961-50962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17464]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 200805-0205; RTID 0648-XP010]
Pacific Island Fisheries; 2020 U.S. Territorial Longline Bigeye
Tuna Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final specifications.
-----------------------------------------------------------------------
SUMMARY: NMFS specifies a 2020 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 will allow each territory to allocate up to 1,500 t each
year to U.S. longline fishing vessels in a specified fishing agreement
that meets established criteria, but the overall allocation limit among
all territories may not exceed 3,000 t. 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 August 17, 2020, through
December 31, 2020. The deadline to submit a specified fishing agreement
pursuant to 50 CFR 665.819(b)(3) for review is December 17, 2020.
ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries
of the Western Pacific (Pelagic FEP) 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.
NMFS prepared environmental analyses that describe the potential
impacts on the human environment that would result from the action.
Copies of those analyses, which include a supplemental environmental
assessment (SEA) and a finding of no significant impact (FONSI), are
available from https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-
2020-0078, or from Michael D. Tosatto, Regional Administrator, NMFS
Pacific Islands Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI
96818.
FOR FURTHER INFORMATION CONTACT: Lynn Rassel, NMFS PIRO Sustainable
Fisheries, 808-725-5184.
SUPPLEMENTARY INFORMATION: NMFS is specifying a 2020 catch limit of
2,000 t of longline-caught bigeye tuna for each U.S. Pacific territory.
NMFS is also authorizing each U.S. Pacific territory to allocate up to
1,500 t of its 2,000 t bigeye tuna limit, not to exceed a 3,000 t total
annual allocation limit among all the territories, to U.S. longline
fishing vessels that are permitted to fish under the Pelagic FEP. Those
vessels must be identified in a specified fishing agreement with the
applicable territory. 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 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).
You may find additional background information on this action in
the preamble to the proposed specifications published on July 9, 2020
(85 FR 41223).
Comments and Responses
On July 9, 2020, NMFS published the proposed specifications and
request for public comments (85 FR 41223); the comment period closed on
July 24, 2020. NMFS received comments from three submitters, and
responds below. We made no changes to the final specifications in
response to comments on the proposed specifications.
NMFS also received comments suggesting minor housekeeping
corrections and clarifications when finalizing the SEA, which we made
in the final SEA.
In addition, in light of the decision in Territory of American
Samoa v. NMFS,
[[Page 50962]]
et al. (16-cv-95, D. Haw), NMFS specifically invited public comments on
the effect of the proposed action on cultural fishing in American
Samoa. NMFS received no comments addressing American Samoa cultural
fishing.
Comment 1: Commercial fishing should be banned and only subsistence
fishing should be allowed.
Response: Seafood is an important source of protein for many
people, and commercial fishing provides fish for people who do not have
the ability to fish for themselves. The proposed action allows for the
sustainable harvest of bigeye tuna, consistent with the Pelagic FEP,
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and other applicable laws. The commercial Hawaii longline
fishery is an important supplier of high-quality seafood that supports
local seafood demand. Local commercial fisheries also provide jobs and
revenue for fishermen, seafood markets, and supporting industries. This
action also reduces the dependence on foreign fishing, which may be
less stringently monitored or regulated than U.S. fisheries.
Comment 2: The Hawaii Longline Association (HLA) generally supports
this action, noting the importance of annual bigeye tuna specifications
in providing additional bigeye tuna for the Hawaii longline fishery,
and the support for fisheries development in the territories. While the
HLA does not think a total annual allocation cap of 3,000 t is
necessary because the bigeye tuna stock is healthy and in consideration
of various international actions and agreements among Western and
Central Pacific Fisheries Commission (WCPFC) members, the HLA supports
the action.
Response: NMFS is satisfied that the annual bigeye catch and
allocation specifications are important for the management of
sustainable fisheries and that the specified fishing agreements provide
important fisheries development project funding. NMFS notes that the
increased allocation considers the needs of fishing communities by
adding flexibility while continuing to support the long-term
sustainability of fishery resources of the U.S. Pacific Islands.
Utilizing the best scientific information available, NMFS has
determined that these catch and allocation limits are consistent with
WCPFC objectives. NMFS acknowledges that the WCPFC has not adopted
bigeye limits for the U.S. territories and that the Council has
recommended amending the Pelagic FEP and Federal regulations to remove
the requirement to specify catch limits for the territories before
specifying allocation limits. However, a plan amendment and proposed
regulations to implement this Council recommendation have yet to be
developed.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Pelagic FEP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration
after public comment.
Because this rule relieves a possible restriction, the exception in
5 U.S.C. 553(d)(1) applies so that it is not subject to the 30-day
delayed effectiveness provision of the Administrative Procedure Act.
This rule allows U.S. vessels identified in a valid specified fishing
agreement to continue fishing in the Western and Central Pacific Ocean
(WCPO) even if NMFS closes the longline fishery for bigeye tuna.
Consistent with Conservation and Management Measure 2018-01 adopted by
the WCPFC at its December 2018 meeting, the bigeye tuna catch limit
applicable to U.S. longline fisheries in the WCPO in 2019-2020 is 3,554
t. When NMFS projects that the limit will be reached, NMFS must close
the fishery for bigeye tuna in the WCPO. Regulations at 50 CFR 665.819
require NMFS to begin attributing longline caught bigeye tuna to the
U.S. territory to which a fishing agreement applies either seven days
before the date NMFS projects that the fishery will reach the WCPO U.S
bigeye tuna limit, or upon the effective date of the agreement,
whichever is later. Based on longline catch records to date, NMFS
projects the current 3,554 t limit of WCPO bigeye tuna will be reached
in September 2020. This projected date is subject to change, and the
projected date throughout 2020 has often been earlier in the year as
the fishing year has progressed. If the effectiveness of this final
rule is delayed past the date that the WCPO bigeye tuna limit is
reached, NMFS would be required to publish a temporary rule that
restricts the retention of WCPO bigeye tuna in the Hawaii-based
longline fishery until this final rule is effective. After the
effective date, NMFS would remove the restrictions for U.S. vessels
identified in a valid specified fishing agreement with a U.S.
territory. Implementing this rule immediately allows the fishery to
continue fishing without the uncertainty or disruption of a potential
closure.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule 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 we do not repeat it here. NMFS received no comments on this
certification; as a result, a final regulatory flexibility analysis is
not required, and none has been prepared.
This final rule is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801, et seq.
Dated: August 5, 2020.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2020-17464 Filed 8-17-20; 11:15 am]
BILLING CODE 3510-22-P