International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Changes to Bigeye Tuna Catch Limits in Longline Fisheries, 63841-63843 [2024-17295]
Download as PDF
Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Rules and Regulations
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100 million (adjusted for inflation) or
more in any one year. Although this
final rule will not result in such an
expenditure, we do discuss the potential
effects of this final rule elsewhere in
this preamble.
G. Taking of Private Property
This final rule will not cause a taking
of private property or otherwise have
taking implications under Executive
Order 12630 (Governmental Actions and
Interference with Constitutionally
Protected Property Rights).
H. Civil Justice Reform
This final rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988 (Civil Justice
Reform) to minimize litigation,
eliminate ambiguity, and reduce
burden.
I. Protection of Children
We have analyzed this final rule
under Executive Order 13045
(Protection of Children from
Environmental Health Risks and Safety
Risks). This final rule is not an
economically significant rule and will
not create an environmental risk to
health or safety that might
disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments)
because it will not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
ddrumheller on DSK120RN23PROD with RULES1
K. Energy Effects
We have analyzed this final rule
under Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use). We have
determined that it is not a significant
energy action under this order because
it is not a significant regulatory action
under Executive Order 12866 and
therefore unlikely to have a significant
adverse effect on the supply,
distribution, or use of energy.
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
17:02 Aug 05, 2024
M. Environment
We have analyzed this final rule
under DHS Management Directive 023–
01, Rev. 1, associated implementing
instructions, and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action falls under
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
This final rule is categorically excluded
under paragraphs L54 and L56 of
Appendix A, table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. The
categorical exclusion (CATEX) L54
pertains to regulations that are editorial
or procedural, and CATEX L56 pertains
to regulations concerning training,
qualifying, licensing, and disciplining
maritime personnel.
This final rule involves the fees for
MMCs and associated endorsements.
List of Subjects in 46 CFR Part 10
Penalties, Personally identifiable
information, Reporting and
recordkeeping requirements, Seafarers.
For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR part 10 as follows:
PART 10—MERCHANT MARINER
CREDENTIAL
1. The authority citation for part 10 is
revised to read as follows:
■
L. Technical Standards
VerDate Sep<11>2014
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why the
use of these standards would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (for example, specifications of
materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This final rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Jkt 262001
Authority: 14 U.S.C. 503; 31 U.S.C. 9701;
46 U.S.C. 2101, 2103, 2104, 2110; 46 U.S.C.
chapters 71, 73, and 75; 46 U.S.C. 7701, 8903,
8904, and 70105; Executive Order 10173;
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
63841
DHS Delegation No. 00170.1, Revision No.
01.4.
2. Amend § 10.219 by adding
paragraph (m) to read as follows:
■
§ 10.219
Fees.
*
*
*
*
*
(m) For members of the uniformed
services, a qualified applicant under
this section is exempt from paying
evaluation, examination, or issuance
fees for an MMC as described in
paragraph (b)(2) of this section.
(1) For purposes of paragraph (m) of
this section, qualified applicant means
an individual who, at the time of
submission of an application, is—
(i) A member of the uniformed
services listed in 10 U.S.C. 101(a)(5) on
active duty;
(ii) A member of the Selected Reserve,
as described in 10 U.S.C. 10143(a), of a
reserve component named in 10 U.S.C.
10101; or
(iii) A member of the Ready Reserve
Corps of the Public Health Service
established in 42 U.S.C. 204(a)(1).
(2) For purposes of paragraph (m)(1)(i)
of this section—
(i) For the members of the armed
forces, as defined in 10 U.S.C. 101(a)(4),
active duty is defined by 10 U.S.C.
101(d)(1);
(ii) For the commissioned corps of the
National Oceanic and Atmospheric
Administration, active duty has the
same meaning as found in 33 U.S.C.
3002(b)(1); and
(iii) For the members of the
commissioned corps of the Public
Health Service, active duty has the
meaning defined in 42 CFR 21.72(f).
Dated: July 29, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard Assistant
Commandant for Prevention Policy.
[FR Doc. 2024–17061 Filed 8–5–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 240730–0208]
RIN 0648–BM87
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Changes to Bigeye
Tuna Catch Limits in Longline
Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\06AUR1.SGM
06AUR1
63842
Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
NMFS seeks comments on
this interim final rule issued under
authority of the Western and Central
Pacific Fisheries Convention
Implementation Act (WCPFC
Implementation Act) that implements a
recent decision of the Commission for
the Conservation and Management of
Highly Migratory Fish Stocks in the
western and central Pacific Ocean
(WCPFC or Commission) increasing the
WCPFC bigeye tuna catch limit for U.S.
longline fishing vessels from 3,554
metric tons (mt) to 6,554 mt. This action
is necessary to satisfy the obligations of
the United States as a member of the
Commission.
SUMMARY:
This interim final rule is
effective on August 6, 2024. Comments
on the interim final rule must be
submitted in writing by September 5,
2024.
DATES:
You may submit comments
on this document, identified by NOAA–
NMFS–2024–0085, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
NOAA–NMFS–2024–0085 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Sarah Malloy, Deputy Regional
Administrator, NMFS, Pacific Islands
Regional Office (PIRO), 1845 Wasp
Blvd., Building 176, Honolulu, HI
96818.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on 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).
Copies of the Regulatory Impact
Review and the Supplemental
Environmental Assessment are available
at https://www.regulations.gov or may
be obtained from Sarah Malloy, Deputy
ddrumheller on DSK120RN23PROD with RULES1
ADDRESSES:
VerDate Sep<11>2014
17:02 Aug 05, 2024
Jkt 262001
Regional Administrator, NMFS PIRO
(see address above).
FOR FURTHER INFORMATION CONTACT: Rini
Ghosh, NMFS PIRO, 808–725–5033.
SUPPLEMENTARY INFORMATION:
Background on the Convention
The objective of the Convention is to
ensure, through effective management,
the long-term conservation and
sustainable use of highly migratory
species (HMS) in the western and
central Pacific Ocean (WCPO). To
accomplish this objective, the
Convention established the
Commission, which includes members,
cooperating non-members, and
participating territories (collectively
referred to here as ‘‘members’’). The
United States is a member. American
Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands (CNMI)
are participating territories.
As a contracting party to the
Convention and a member of the
Commission, the United States
implements applicable conservation and
management measures and other
decisions adopted by the Commission.
The WCPFC Implementation Act (16
U.S.C. 6901 et seq.), authorizes the
Secretary of Commerce, in consultation
with the Secretary of State and the
Secretary of the Department in which
the United States Coast Guard is
operating (currently the Department of
Homeland Security), to promulgate such
regulations as may be necessary to carry
out the obligations of the United States
under the Convention, including the
decisions of the Commission. The
WCPFC Implementation Act further
provides that the Secretary of Commerce
shall ensure consistency, to the extent
practicable, of fishery management
programs administered under the
WCPFC Implementation Act and the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), as well as other
specific laws (see 16 U.S.C. 6905(b)).
The Secretary of Commerce has
delegated the authority to promulgate
regulations under the WCPFC
Implementation Act to NMFS. A map
showing the boundaries of the area of
application of the Convention
(Convention Area), which comprises the
majority of the WCPO, can be found on
the WCPFC website at: https://
www.wcpfc.int/doc/convention-areamap.
Background on the WCPFC Decision
This interim final rule would
implement specific provisions of
Conservation and Management Measure
(CMM) 2023–01, ‘‘Conservation and
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Management Measure for Bigeye,
Yellowfin, and Skipjack Tuna in the
Western and Central Pacific Ocean.’’
The Commission adopted CMM 2023–
01 at its twentieth regular annual
session, in December 2023, and it went
into effect in February 2024. The
provisions of CMM 2023–01 are
described in more detail below.
CMM 2023–01 is the latest in a series
of CMMs devoted to the conservation
and management of tropical tuna stocks,
particularly stocks of bigeye tuna
(Thunnus obesus), yellowfin tuna
(Thunnus albacares), and skipjack tuna
(Katsuwonus pelamis). The stated
purpose of CMM 2023–01 is to support
fisheries for skipjack tuna, bigeye tuna,
and yellowfin tuna in the Convention
Area that benefit WCPFC members and
their communities, and to do so in a
way that is fair to all WCPFC members
and addresses the special requirements
of developing states and participating
territories. CMM 2023–01’s provisions
are based on specific objectives for each
of the three tropical tuna stocks.
Many of the provisions of CMM 2023–
01 have already been implemented by
NMFS or will be implemented in
separate rulemakings. This interim final
rule implements the numerical change
to the longline bigeye tuna catch limit
for the United States.
Under NMFS regulations at 50 CFR
300.224(a), the existing longline bigeye
tuna catch limit for the United States is
3,554 mt per calendar year. The limit
does not apply to (1) catch landed in the
U.S. participating territories to the
Commission (American Samoa, Guam,
or CNMI); (2) catch made by vessels
with ‘‘dual permits’’ (i.e., vessels with
both Hawai’i Longline Limit Access and
American Samoa Limited Access
permits) outside of the U.S. EEZ
surrounding the Hawai’ian Archipelago;
and (3) catch made by vessels operating
under specified fishing agreements with
the U.S. participating territories under
50 CFR 665.819(c), which may not
exceed 3,000 mt (88 FR 39201, June 15,
2023).
Table 3 in CMM 2023–01 establishes
a 6,554 mt longline bigeye tuna catch
limit for the United States per calendar
year. CMM 2023–01 also does not
include the language of paragraph 9 of
CMM 2021–01, which provided for
attribution of catch to U.S. participating
territories for vessels operating under
agreements with the U.S. participating
territories. Thus, the language in CMM
2023–01 no longer authorizes an
exemption from the limit for catch by
vessels operating under specified
fishing agreements with U.S.
participating territories.
E:\FR\FM\06AUR1.SGM
06AUR1
Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Rules and Regulations
Under this interim final rule, the limit
at 50 CFR 300.224(a) will change from
3,554 mt to 6,554 mt. The limit of 6,554
mt will remain effective until replaced.
No other changes to the regulations at
50 CFR 300.224 would be made at this
time. As noted above, Table 3 of CMM
2023–01 expressly prohibits attribution
of catch of U.S. longline vessels
operating under agreements to the U.S.
participating territories. Accordingly,
approval of specified fishing agreements
under 50 CFR 300.224(d) is no longer
authorized. NMFS will update the
regulatory provision at § 300.224(d) as
part of a future rulemaking.
Paragraph 38 of CMM 2023–01
continues the provision of requiring any
overages of limits to be deducted from
the following year’s limit.
CMM 2023–01 is in effect until
February 15, 2027. However, as has
been NMFS’s practice, the elements of
the interim final rule will remain in
effect until they are replaced or
amended, to avoid a lapse in the
management of the fisheries.
The Action
ddrumheller on DSK120RN23PROD with RULES1
The Commission-adopted longline
bigeye tuna catch limit for the United
States for 2024 is 6,554 mt. Thus, NMFS
is implementing a calendar year catch
limit of 6,554 mt that would remain
effective until replaced.
The calendar year longline bigeye
tuna catch limit will apply to U.Sflagged longline vessels operating as
part of the U.S. longline fisheries. The
limit will not apply to catch landed in
the U.S. territories of American Samoa,
CNMI, or Guam or catch made by
vessels with dual permits outside of the
U.S. EEZ surrounding Hawaii.
Consistent with the basis for the
limits prescribed in CMM 2023–01 and
with regulations issued by NMFS to
implement bigeye tuna catch limits in
U.S. longline fisheries as described
below, the catch limit is measured in
terms of retained catches—that is,
bigeye tuna that are caught by longline
gear and retained on board the vessel.
Existing regulations at 50 CFR
300.224 regarding announcement of a
fishery closure and prohibitions during
a fishery closure will remain in place
under this proposed action.
Classification
The Administrator, Pacific Islands
Region, NMFS, has determined that this
interim final rule is consistent with the
WCPFC Implementation Act and other
applicable laws, subject to further
consideration after public comment.
VerDate Sep<11>2014
17:02 Aug 05, 2024
Jkt 262001
Administrative Procedure Act
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment on the
interim final rule, because prior notice
and the opportunity for public comment
would be contrary to the public interest.
NMFS anticipates the currently codified
3,554 mt longline bigeye tuna catch
limit to be reached imminently. If the
limit is not revised before it is reached,
regulations require the fishery to close,
which would be contrary to the public
interest because the fishery would close
under a limit that is no longer consistent
with applicable law (CMM 2023–01).
Prior notice and comment is also
unnecessary because stakeholders and
industry groups were involved with the
development of this action as active
participants in WCPFC negotiations
leading to the adoption of CMM 2023–
01. Nevertheless, NMFS will consider
and respond to public comments
received on the interim final rule and
will accordingly make any appropriate
revisions.
Consistent with 5 U.S.C. 553(d)(1),
this interim final rule will become
effective immediately upon publication
because it is a substantive rule which
relieves a regulatory restriction (i.e.,
modifies the bigeye tuna catch limit
from 3,554 mt to 6,554 mt).
Coastal Zone Management Act (CZMA)
NMFS determined that this action is
consistent to the maximum extent
practicable with the enforceable policies
of the approved coastal management
program of American Samoa, the CNMI,
Guam, and the State of Hawai’i.
Determinations to Hawai’i and each of
the territories were submitted on June 6,
2024, for review by the responsible State
and territorial agencies under section
307 of the CZMA.
Executive Order 12866
Regulatory Flexibility Act
Because prior notice and opportunity
for public comment are not required for
the interim final rule by 5 U.S.C. 553,
or any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
inapplicable. As stated above, there is
good cause under 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity
for public comment on the interim final
rule, because prior notice and the
opportunity for public comment would
be contrary to the public interest.
Therefore, no regulatory flexibility
Frm 00031
Fmt 4700
Sfmt 4700
analysis was required and none has
been prepared.
Paperwork Reduction Act
This interim final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: July 30, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
300, subpart O, as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart O—Western and Central
Pacific Fisheries for Highly Migratory
Species
1. The authority citation for 50 CFR
part 300, subpart O, continues to read as
follows:
■
Authority: 16 U.S.C. 6901 et seq.
2. In § 300.224, revise paragraph (a)(1)
to read as follows:
■
§ 300.224
Longline fishing restrictions.
*
*
*
*
*
(a) * * *
(1) There is a limit of 6,554 metric
tons of bigeye tuna per calendar year
that may be captured in the Convention
Area by longline gear and retained on
board by fishing vessels of the United
States.
*
*
*
*
*
[FR Doc. 2024–17295 Filed 8–5–24; 8:45 am]
BILLING CODE 3510–22–P
This interim final rule has been
determined to be not significant for
purposes of Executive Order 12866.
PO 00000
63843
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 240610–0155; RTID 0648–
XE156]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2024
Commercial Closure of Red Snapper in
the South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\06AUR1.SGM
06AUR1
Agencies
[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Rules and Regulations]
[Pages 63841-63843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17295]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240730-0208]
RIN 0648-BM87
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Changes to Bigeye Tuna Catch Limits in
Longline Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 63842]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS seeks comments on this interim final rule issued under
authority of the Western and Central Pacific Fisheries Convention
Implementation Act (WCPFC Implementation Act) that implements a recent
decision of the Commission for the Conservation and Management of
Highly Migratory Fish Stocks in the western and central Pacific Ocean
(WCPFC or Commission) increasing the WCPFC bigeye tuna catch limit for
U.S. longline fishing vessels from 3,554 metric tons (mt) to 6,554 mt.
This action is necessary to satisfy the obligations of the United
States as a member of the Commission.
DATES: This interim final rule is effective on August 6, 2024. Comments
on the interim final rule must be submitted in writing by September 5,
2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0085, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA-NMFS-2024-0085 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to Sarah Malloy, Deputy
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO),
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
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).
Copies of the Regulatory Impact Review and the Supplemental
Environmental Assessment are available at https://www.regulations.gov
or may be obtained from Sarah Malloy, Deputy Regional Administrator,
NMFS PIRO (see address above).
FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.
SUPPLEMENTARY INFORMATION:
Background on the Convention
The objective of the Convention is to ensure, through effective
management, the long-term conservation and sustainable use of highly
migratory species (HMS) in the western and central Pacific Ocean
(WCPO). To accomplish this objective, the Convention established the
Commission, which includes members, cooperating non-members, and
participating territories (collectively referred to here as
``members''). The United States is a member. American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands (CNMI) are
participating territories.
As a contracting party to the Convention and a member of the
Commission, the United States implements applicable conservation and
management measures and other decisions adopted by the Commission. The
WCPFC Implementation Act (16 U.S.C. 6901 et seq.), authorizes the
Secretary of Commerce, in consultation with the Secretary of State and
the Secretary of the Department in which the United States Coast Guard
is operating (currently the Department of Homeland Security), to
promulgate such regulations as may be necessary to carry out the
obligations of the United States under the Convention, including the
decisions of the Commission. The WCPFC Implementation Act further
provides that the Secretary of Commerce shall ensure consistency, to
the extent practicable, of fishery management programs administered
under the WCPFC Implementation Act and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), as well as
other specific laws (see 16 U.S.C. 6905(b)). The Secretary of Commerce
has delegated the authority to promulgate regulations under the WCPFC
Implementation Act to NMFS. A map showing the boundaries of the area of
application of the Convention (Convention Area), which comprises the
majority of the WCPO, can be found on the WCPFC website at: https://www.wcpfc.int/doc/convention-area-map.
Background on the WCPFC Decision
This interim final rule would implement specific provisions of
Conservation and Management Measure (CMM) 2023-01, ``Conservation and
Management Measure for Bigeye, Yellowfin, and Skipjack Tuna in the
Western and Central Pacific Ocean.'' The Commission adopted CMM 2023-01
at its twentieth regular annual session, in December 2023, and it went
into effect in February 2024. The provisions of CMM 2023-01 are
described in more detail below.
CMM 2023-01 is the latest in a series of CMMs devoted to the
conservation and management of tropical tuna stocks, particularly
stocks of bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus
albacares), and skipjack tuna (Katsuwonus pelamis). The stated purpose
of CMM 2023-01 is to support fisheries for skipjack tuna, bigeye tuna,
and yellowfin tuna in the Convention Area that benefit WCPFC members
and their communities, and to do so in a way that is fair to all WCPFC
members and addresses the special requirements of developing states and
participating territories. CMM 2023-01's provisions are based on
specific objectives for each of the three tropical tuna stocks.
Many of the provisions of CMM 2023-01 have already been implemented
by NMFS or will be implemented in separate rulemakings. This interim
final rule implements the numerical change to the longline bigeye tuna
catch limit for the United States.
Under NMFS regulations at 50 CFR 300.224(a), the existing longline
bigeye tuna catch limit for the United States is 3,554 mt per calendar
year. The limit does not apply to (1) catch landed in the U.S.
participating territories to the Commission (American Samoa, Guam, or
CNMI); (2) catch made by vessels with ``dual permits'' (i.e., vessels
with both Hawai'i Longline Limit Access and American Samoa Limited
Access permits) outside of the U.S. EEZ surrounding the Hawai'ian
Archipelago; and (3) catch made by vessels operating under specified
fishing agreements with the U.S. participating territories under 50 CFR
665.819(c), which may not exceed 3,000 mt (88 FR 39201, June 15, 2023).
Table 3 in CMM 2023-01 establishes a 6,554 mt longline bigeye tuna
catch limit for the United States per calendar year. CMM 2023-01 also
does not include the language of paragraph 9 of CMM 2021-01, which
provided for attribution of catch to U.S. participating territories for
vessels operating under agreements with the U.S. participating
territories. Thus, the language in CMM 2023-01 no longer authorizes an
exemption from the limit for catch by vessels operating under specified
fishing agreements with U.S. participating territories.
[[Page 63843]]
Under this interim final rule, the limit at 50 CFR 300.224(a) will
change from 3,554 mt to 6,554 mt. The limit of 6,554 mt will remain
effective until replaced. No other changes to the regulations at 50 CFR
300.224 would be made at this time. As noted above, Table 3 of CMM
2023-01 expressly prohibits attribution of catch of U.S. longline
vessels operating under agreements to the U.S. participating
territories. Accordingly, approval of specified fishing agreements
under 50 CFR 300.224(d) is no longer authorized. NMFS will update the
regulatory provision at Sec. 300.224(d) as part of a future
rulemaking.
Paragraph 38 of CMM 2023-01 continues the provision of requiring
any overages of limits to be deducted from the following year's limit.
CMM 2023-01 is in effect until February 15, 2027. However, as has
been NMFS's practice, the elements of the interim final rule will
remain in effect until they are replaced or amended, to avoid a lapse
in the management of the fisheries.
The Action
The Commission-adopted longline bigeye tuna catch limit for the
United States for 2024 is 6,554 mt. Thus, NMFS is implementing a
calendar year catch limit of 6,554 mt that would remain effective until
replaced.
The calendar year longline bigeye tuna catch limit will apply to
U.S-flagged longline vessels operating as part of the U.S. longline
fisheries. The limit will not apply to catch landed in the U.S.
territories of American Samoa, CNMI, or Guam or catch made by vessels
with dual permits outside of the U.S. EEZ surrounding Hawaii.
Consistent with the basis for the limits prescribed in CMM 2023-01
and with regulations issued by NMFS to implement bigeye tuna catch
limits in U.S. longline fisheries as described below, the catch limit
is measured in terms of retained catches--that is, bigeye tuna that are
caught by longline gear and retained on board the vessel.
Existing regulations at 50 CFR 300.224 regarding announcement of a
fishery closure and prohibitions during a fishery closure will remain
in place under this proposed action.
Classification
The Administrator, Pacific Islands Region, NMFS, has determined
that this interim final rule is consistent with the WCPFC
Implementation Act and other applicable laws, subject to further
consideration after public comment.
Administrative Procedure Act
There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment on the interim final rule,
because prior notice and the opportunity for public comment would be
contrary to the public interest. NMFS anticipates the currently
codified 3,554 mt longline bigeye tuna catch limit to be reached
imminently. If the limit is not revised before it is reached,
regulations require the fishery to close, which would be contrary to
the public interest because the fishery would close under a limit that
is no longer consistent with applicable law (CMM 2023-01). Prior notice
and comment is also unnecessary because stakeholders and industry
groups were involved with the development of this action as active
participants in WCPFC negotiations leading to the adoption of CMM 2023-
01. Nevertheless, NMFS will consider and respond to public comments
received on the interim final rule and will accordingly make any
appropriate revisions.
Consistent with 5 U.S.C. 553(d)(1), this interim final rule will
become effective immediately upon publication because it is a
substantive rule which relieves a regulatory restriction (i.e.,
modifies the bigeye tuna catch limit from 3,554 mt to 6,554 mt).
Coastal Zone Management Act (CZMA)
NMFS determined that this action is consistent to the maximum
extent practicable with the enforceable policies of the approved
coastal management program of American Samoa, the CNMI, Guam, and the
State of Hawai'i. Determinations to Hawai'i and each of the territories
were submitted on June 6, 2024, for review by the responsible State and
territorial agencies under section 307 of the CZMA.
Executive Order 12866
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
Regulatory Flexibility Act
Because prior notice and opportunity for public comment are not
required for the interim final rule by 5 U.S.C. 553, or any other law,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., are inapplicable. As stated above, there is good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment on the interim final rule, because prior notice and the
opportunity for public comment would be contrary to the public
interest. Therefore, no regulatory flexibility analysis was required
and none has been prepared.
Paperwork Reduction Act
This interim final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: July 30, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
300, subpart O, as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart O--Western and Central Pacific Fisheries for Highly
Migratory Species
0
1. The authority citation for 50 CFR part 300, subpart O, continues to
read as follows:
Authority: 16 U.S.C. 6901 et seq.
0
2. In Sec. 300.224, revise paragraph (a)(1) to read as follows:
Sec. 300.224 Longline fishing restrictions.
* * * * *
(a) * * *
(1) There is a limit of 6,554 metric tons of bigeye tuna per
calendar year that may be captured in the Convention Area by longline
gear and retained on board by fishing vessels of the United States.
* * * * *
[FR Doc. 2024-17295 Filed 8-5-24; 8:45 am]
BILLING CODE 3510-22-P