[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]
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