14036 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Proposed Rules 

channel signal from the very low power 

access point at the fixed microwave 

service receiver, fixed Broadcast 

Auxiliary Service receiver, or fixed 

Cable Television Relay Service receiver 

and N (noise) is background noise level 

at the fixed microwave service receiver, 

fixed Broadcast Auxiliary Service 

receiver, or fixed Cable Television Relay 

Service receiver. 

(q) Incumbent Protection by 

Geofencing System: Radio Astronomy 

Services. (1) The geofencing system 

must enforce exclusion zones to the 

following radio observatories that 

observe between 6650–6675.2 MHz: 

Arecibo Observatory, the Green Bank 

Observatory, the Very Large Array 

(VLA), the 10 Stations of the Very Long 

Baseline Array (VLBA), the Owens 

Valley Radio Observatory, and the Allen 

Telescope Array. 

(2) The exclusion zone sizes are based 

on the radio line-of-sight and 

determined using 4/3 earth curvature 

and the following formula: 

Equation 4 to paragraph (q)(2) 

dkm_los = 4.12*(sqrt(Htx) + sqrt(Hrx)) 

Where: 

Htx is the height of the very low power 

access point and is set at 1.5 meters 

above ground level; and 

Hrx is the height of the radio astronomy 

antenna in meters above ground level. 

(3) Coordinate locations of the radio 

observatories are listed in 

§ 2.106(c)(131), (c)(385) of this part. 

(r) Incumbent Protection by 

Geofencing System: FSS (space-toEarth) Earth Stations. (1) The 

geofencing system must enforce 

exclusion zones to protect FSS earth 

stations that receive in the 6875–7055 

MHz band at Clifton, TX, Cabo Rojo, PR, 

Wasilla, AK, Sebring, FL, and Naalehu, 

HI. 

(2) The exclusion zone sizes are based 

on the radio line-of-sight and 

determined using 4/3 earth curvature 

and the following formula: 

Equation 5 to Paragraph (r)(2) 

dkm_los = 4.12*(sqrt(Htx) + sqrt(Hrx)) 

Where: 

Htx is the height of the very low power 

access point and is set at 1.5 meters 

above ground level; and 

Hrx is the height of the FSS antenna in 

meters above ground level. 

Coordinate locations of the FSS sites 

are listed in the following table: 

TABLE 1 TO PARAGRAPH (r)(2) 

Location Coordinates 

Clifton, Texas ..... 31°47′59.22′′ N, 97°36′46.71′′ W 

Clifton, Texas ..... 31°48′2.149′′ N, 97°36′44.37′′ W 

Clifton, Texas ..... 31°47′57.4′′ N, 97°36′47.9′′ W 

Clifton, Texas ..... 31°48′0.1′′ N, 97°36′48.9′′ W 

TABLE 1 TO PARAGRAPH (r)(2)— 

Continued 

Location Coordinates 

Clifton, Texas ..... 31°48′3′′ N, 97°36′49.2′′ W 

Clifton, Texas ..... 31°47′57.5′′ N, 97°36′44.7′′ W 

Clifton, Texas ..... 31°48′0.2′′ N, 97°36′44.3′′ W 

Sebring, Florida 27°27′34.3′′ N, 81°21′26.6′′ W 

Sebring, Florida 27°27′35.6′′ N, 81°21′26.8′′ W 

Sebring, Florida 27°27′35.6′′ N, 81°21′28.4′′ W 

Sebring, Florida 27°27′34.3′′ N, 81°21′28.3′′ W 

Wasilla, Alaska .. 61°35′24.9′′ N, 149°29′9.6′′ W 

Wasilla, Alaska .. 61°35′24.1′′ N, 149°29′6′′ W 

Wasilla, Alaska .. 61°35′24.6′′ N, 149°29′2.4′′ W 

Cabo Rojo, Puerto Rico.17°58′48′′ N, 67°8′15′′ W 

Cabo Rojo, Puerto Rico.17°58′50′′ N, 67°8′13′′ W 

Cabo Rojo, Puerto Rico.17°58′49′′ N, 67°8′14′′ W 

Cabo Rojo, Puerto Rico.17°58′48′′ N, 67°8′12′′ W 

Naalehu, Hawaii 19°0′51.99′′ N, 155°39′47′′ W 

Naalehu, Hawaii 19°0′52.99′′ N, 155°39′48.99′′ W 

Naalehu, Hawaii 19°0′51′′ N, 155°39′48.9′′ W 

[FR Doc. 2023–28620 Filed 2–23–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 240220–0053] 

RIN 0648–BM01 

Pacific Island Fisheries; Catch and 

Retention Limits for Striped Marlin in 

the Western and Central Pacific Ocean 

North of the Equator 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes a catch limit 

of 457 metric tons (t) for Western and 

Central North Pacific Ocean (WCNPO) 

striped marlin caught by U.S. fishing 

vessels in the Commission for the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Commission or WCPFC) Convention 

area north of the Equator and west of 

150° W longitude (the action area) and 

a retention limit of 443 t for U.S. fishing 

vessels with Hawaii longline limited 

entry permits. If the retention limit is 

projected to be reached, NMFS will 

prohibit retention of striped marlin 

caught in the WCNPO by Hawaii 

longline vessels for the calendar year. 

Action is required under MagnusonStevens Fishery Conservation and 

Management Act Section 304(i) to 

address U.S. fishing vessels’ relative 

impact on this internationally managed 

stock, which is overfished and 

experiencing overfishing. 

DATES: NMFS must receive comments 

by March 27, 2024. 

ADDRESSES: You may submit comments 

on this proposed rule, identified by 

NOAA–NMFS–2022–0148, by either of 

the following methods: 

• Electronic Submission: Submit all 

electronic comments via the Federal 

e-Rulemaking Portal. Go to http://

www.regulations.gov and enter NOAA– 

NMFS–2022–0148 in the Search box, 

click the ‘‘Comment’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Send written comments to 

Sarah Malloy, Acting Regional 

Administrator, NMFS Pacific Islands 

Regional Office (PIRO), 1845 Wasp 

Blvd., Bldg. 176, Honolulu, HI 96818. 

Instructions: NMFS may not consider 

comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period. 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). 

The Western Pacific Fishery 

Management Council (Council) and 

NMFS prepared an environmental 

assessment (EA) that supports this 

proposed rule. The EA is available at 

https://www.regulations.gov, or from the 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

or https://www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Savannah Lewis, PIRO Sustainable 

Fisheries, 808–725–5144. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage U.S. commercial 

fishing for Pelagic Management Unit 

Species (PMUS) under the Fishery 

Ecosystem Plan for Pelagic Fisheries of 

the Western Pacific Region (FEP) and 

implementing Federal regulations. 

Although the FEP indicates that PMUS 

have statutory exemptions from annual 

catch limits (ACL), the MagnusonStevens Act authorizes the Council to 

determine ACLs or other catch limits for 

PMUS if such actions are deemed 

appropriate and consistent with the 

Magnuson-Stevens Act and other 

statutory mandates. Magnuson-Stevens 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Proposed Rules 14037 

Act § 304(i) provides that where a 

fishery is overfished or approaching a 

condition of being overfished due to 

excessive international fishing pressure 

for which there are no management 

measures nor an international 

agreement to end overfishing, the 

appropriate Council is to develop 

recommendations for domestic 

regulations to address the relative 

impact of U.S. fishing vessels on the 

stock. 

Striped marlin (Kajikia audax) are an 

internationally managed, non-target 

species often caught in fisheries 

targeting tuna and retained due to their 

economic value. In a 2019 stock 

assessment, the Commission, of which 

the United States is a member, 

determined that WCNPO striped marlin 

were overfished and experiencing 

overfishing. 

To address the Council’s obligations 

under Section 304(i) of the MagnusonStevens Act, the Council took action at 

their 195th meeting in December 2022. 

The Council recommended and NMFS 

proposes domestic regulations to 

implement a 457 t U.S. catch limit for 

WCNPO striped marlin and a domestic 

retention limit of 443 t. The proposed 

457 t domestic catch limit is consistent 

with the international catch limit for the 

United States based on the WCPFC 

Conservation and Management Measure 

(CMM) 2010–01, ‘‘Conservation and 

Management Measure for North Pacific 

Striped Marlin.’’ Following the terms of 

the CMM, the U.S. catch limit was 

determined by calculating 20 percent of 

the highest annual U.S. catch of striped 

marlin reported from 2000–2003; the 

highest reported catch was 571 t, so a 

20 percent reduction is 456.8 t, or 

457 t. 

Hawaii-based longline fisheries catch 

97 percent or more of the total U.S. 

striped marlin landings and are 

monitored in-season. Other U.S. 

fisheries that catch striped marlin, 

including Hawaii-based troll and 

handline fisheries, catch less than 3 

percent of the total annual U.S. catch 

and lack real-time monitoring during 

the fishing season. To ensure that the 

proposed catch limit is not exceeded, 

the Council recommended and NMFS 

proposes a retention limit of 443 t, or 97 

percent of the catch limit, for any U.S. 

fishing vessel with a Hawaii longline 

limited entry permit issued under 50 

CFR 665.801(b). This limit ensures that 

when troll and handline catches are 

finalized after the season ends, the total 

U.S. catch of WCNPO striped marlin 

will not exceed the 457 t catch limit. 

Under the proposed rule, striped 

marlin caught in the action area by a 

vessel holding a Hawaii limited entry 

longline permit issued under 50 CFR 

665.801(b), including vessels that also 

hold an American Samoa longline 

limited entry permit or other permit, 

would be counted toward the proposed 

catch and retention limits. Currently, 

WCNPO striped marlin catch on the 

high seas (outside the 200 nautical miles 

(nm), or 370.4 km, exclusive economic 

zone adjacent to Hawaii) by fishing 

vessels with American Samoa longline 

limited entry permits are attributed to 

American Samoa. 

With this proposed rule, all retained 

catch of WCNPO striped marlin in the 

action area by vessels with both Hawaii 

longline limited entry permits and 

American Samoa limited entry permits 

would be counted toward the proposed 

domestic 457 t catch and 443 t retention 

limit. NMFS proposes this change to 

ensure that all U.S. catch of this stock 

is managed under the proposed 

domestic catch limit, as no separate 

limit for American Samoa currently 

exists. By itself, this limit is not 

expected to end overfishing, which is 

primarily the result of international 

fishing pressure. Additional 

international measures through the 

WCPFC will be necessary to end 

overfishing and rebuild the stock. 

If NMFS projects, based on vessel 

logbook, landing and other available 

information, that the retention limit will 

be reached, the retention of striped 

marlin caught by U.S. longline vessels 

holding a Hawaii limited entry longline 

permit issued under 50 CFR 665.801(b) 

in the action area will be prohibited for 

the remainder of the calendar year. A 

retention prohibition would go into 

effect no earlier than 7 days after NMFS 

publishes a no-retention date notice in 

the Federal Register. 

As indicated above, this rule alone is 

not expected to end overfishing on 

WCNPO striped marlin, which must be 

addressed at the international level. To 

that end, Section 304(i) requires the 

Secretary of Commerce, in cooperation 

with the Secretary of State, to take 

immediate and appropriate action at the 

international level to end overfishing. 

The U.S. delegation has brought 

recommendations to the WCPFC and 

continues to pursue revised 

international measures. As these 

international negotiations continue, the 

U.S. domestic responsibility under 

Section 304(i) is to address the relative 

impact of U.S. fishing vessels on the 

stock. 

Neither the Magnuson-Stevens Act 

nor its implementing regulations define 

relative impact. The regulations do, 

however, offer guidance on how to 

assess relative impacts in the 

international overfishing context. 

Specifically, the National Standard 1 

(Optimal Yield) guidelines provide that 

the agency may consider such factors as 

domestic measures already in place, 

estimates of a nation’s landings, 

estimates of a nation’s mortality 

contributions, and management history 

of a nation, although these factors are 

not exhaustive. In evaluating the 

relative impacts of U.S. vessels to the 

striped marlin stock here, we recognize 

that no single nation’s management 

actions can end the overfished status of 

this stock. We have taken into account 

the National Standard 1 factors in 

assessing the level of catch by U.S. 

vessels relative to the historical catch of 

other nations landing striped marlin 

along with other existing management 

measures expected to decrease striped 

marlin catch (e.g., wire leader 

prohibition). Until the WCPFC adopts 

management measures that can 

meaningfully address the status of the 

striped marlin, we believe this proposed 

catch and retention limit are consistent 

with our obligations under the 

Magnuson-Stevens Act and WCPFC 

because they reflect the terms of CMM 

2010–02 as applied to U.S. striped 

marlin catch. 

International negotiations at the 

WCPFC have resulted in adoption of a 

rebuilding plan for this stock which 

requires rebuilding to 20 percent of 

unfished biomass with at least 60 

percent probability by 2034. The 

rebuilding plan currently does not 

contain catch limits, although it 

acknowledges that catch reductions by 

all member nations are required to 

achieve the rebuilding target. 

Disagreement over international 

conservation measures and delayed 

stock assessments have hindered 

progress at the international level. 

Ahead of negotiations on catch limits at 

WCPFC, we recognize that any 

substantial changes to the catch limits of 

U.S. fishermen could create a 

conservation burden on U.S. fishermen 

that fishermen from other nations may 

not face. Therefore, the agency is 

proposing a catch limit that complies 

with existing international guidance 

without imposing additional burdens on 

U.S. fishing interests. 

NMFS will consider public comments 

on this proposed rule and will 

announce the final rule in the Federal 

Register. NMFS must receive comments 

on this proposed action by the date 

provided in the DATES heading. NMFS 

may not consider comments postmarked 

or otherwise transmitted after that date. 

Regardless of the proposed rule, all 

other existing management measures 

would continue to apply in these 

fisheries. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
14038 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Proposed Rules 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FEP, Magnuson-Stevens Act 

Section 304(i) and other provisions of 

the Magnuson-Stevens Act, and other 

applicable law, 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 of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that the 

attached proposed rule, issued under 

the authority of the Magnuson-Stevens 

Act, will not have a significant 

economic impact on a substantial 

number of small entities. 

The WCNPO striped marlin stock is 

overfished and experiencing overfishing 

due to excessive international fishing 

pressure. NMFS proposes to implement 

an annual catch limit of 457 t and 

retention limit of 443 t for striped 

marlin caught in the action area. The 

457 t catch limit would apply to vessels 

with Hawaii longline limited entry 

permits as well as to Hawaii troll and 

handline vessels catching striped marlin 

in the action area. The retention limit 

would only apply to vessels with 

Hawaii longline limited entry permits 

wherein retention of striped marlin by 

these vessels would be prohibited if the 

443 t retention limit were projected to 

be reached. The troll and handline 

fisheries historically catch less than 3 

percent of the total U.S. striped marlin 

catch and have a delay in reporting that 

makes it impossible to monitor catch inseason, so the retention limit would not 

apply to these troll and handline 

vessels. The retention limit on Hawaii 

longline catch is intended to prevent the 

three fisheries combined from reaching 

the catch limit. The proposed action is 

needed to address the MagnusonStevens Act section 304(i) requirement 

to develop recommendations for 

domestic regulations to address the 

relative impact of fishing vessels of the 

United States on this internationally 

managed, overfished stock lacking 

effective international management 

measures to end overfishing. 

The proposed action would apply to 

up to 164 vessels with Hawaii longline 

limited entry permits. In 2021, 146 

vessels participated in the Hawaii deepset longline fishery, with annual fleet 

revenue of $108.5 million and average 

annual per-vessel revenues of $743,150. 

In 2021, 17 vessels participated in the 

Hawaii shallow-set fishery, with annual 

fleet revenue of $4.7 million and 

average annual per-vessel revenues of 

$276,470 (WPFMC, 2022). There are no 

anticipated upfront costs associated 

with the proposed action for Hawaii 

permitted longline fishery participants 

and no direct impacts to longline 

fisheries if longline catch of striped 

marlin does not reach the retention 

limit, as they would be able to retain 

their striped marlin catch. However, the 

proposed action may lead to a loss in 

revenue for these fishery participants if 

the retention limit is reached. The 

Hawaii-based longline fishery targets 

tuna (deep-set) and swordfish (shallowset); striped marlin is a non-target 

species for this fishery. However, 

because striped marlin has market 

value, longline fishermen generally 

retain striped marlin catch. Using the 

2021 average price per pound for striped 

marlin and average annual landings 

over the 2016–2020 time frame, NMFS 

expects that the value of striped marlin 

from the action area would be $2 

million annually. Between 2014 and 

2020, the Hawaii longline fleet has 

exceeded the 443 t retention limit only 

once with a catch of 447 t in 2019. Had 

the retention limit been in place that 

year, at $2.54 per pound, the associated 

revenue loss would be an estimated 

$22,400 fleetwide. With 147 active 

vessels as of August 2022, the estimated 

expected loss per vessel would have 

been $152 per vessel, which likely 

would have been less than 0.1 percent 

of annual landed value among most, if 

not all, vessels. For most years, NMFS 

anticipates that the longline fishery 

would not exceed the retention limit 

and therefore anticipates little to no 

economic impact from the proposed 

rule to this fishery overall. The 

proposed action would also apply to the 

hundreds of vessels that participate in 

the Hawaii handline and troll fisheries 

through the catch limit, but these 

fisheries would not be directly affected 

by the proposed action, as neither the 

retention limit nor retention prohibition 

would apply to them. 

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, North 

American Industry Classification 

System (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 affected entities are 

small entities under the NMFS standard, 

as they are engaged in the business of 

fish harvesting, 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 may 

apply to a substantial number of vessels, 

the implementation of this action would 

not result in significant adverse 

economic impact to individual vessels. 

NMFS anticipates no change in 

fishing activity from the proposed 

action, independent of the retention 

limit being reached (i.e., area fished, 

number of vessels and trips, number 

and depth of hooks, or deployment 

techniques) because striped marlin are 

not a target species. The proposed 

action 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 

action based on gear type or relative 

vessel size. The proposed action 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. 

List of Subjects in 50 CFR 665 

Fisheries, Fishing, Hawaii, Longline, 

Limited access permit, Pacific Islands, 

Western Pacific. 

Dated: February 20, 2024. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 665 as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for 50 CFR 

part 665 continues to read as follows: 

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

■ 2. Amend § 665.800 by adding, in 

alphabetical order, the definition of 

‘‘Non-retention date’’ to read as follows: 

§ 665.800 Definitions. 

* * * * * 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Proposed Rules 14039 

Non-retention date means the date 

upon which the Regional Administrator 

projects that a retention limit will be 

exceeded; retention of a species 

identified under § 665.813 is prohibited 

as specified under § 665.802, until the 

end of the fishing year. 

* * * * * 

■ 3. Amend § 665.802 by adding 

paragraph (p) to read as follows: 

§ 665.802 Prohibitions. 

* * * * * 

(p) Fail to immediately release any 

striped marlin captured after the nonretention date in the Pacific Ocean north 

of the Equator (0° lat.) and west of 150° 

W longitude by a vessel registered for 

use under a longline permit issued 

under § 665.801(b), in violation of 

§ 665.813(k). 

* * * * * 

■ 4. Amend § 665.813 by redesignating 

paragraph (k) as paragraph (l) and 

adding a new paragraph (k) to read as 

follows: 

§ 665.813 Western Pacific longline fishing 

restrictions. 

* * * * * 

(k) Striped marlin retention limit. (1) 

There is a catch limit of 457 metric tons 

of striped marlin each year from the 

Pacific Ocean north of the Equator (0° 

lat.) and west of 150° W longitude. 

There is a retention limit of 443 metric 

tons by vessels registered for use under 

a longline permit issued under 

§ 665.801(b). 

(2) NMFS will monitor striped marlin 

catch with respect to the limits 

established under paragraph (k)(1) of 

this section using longline landings, 

logbook, and other available 

information. 

(3) When the retention limit is 

projected to be reached, based on 

analyses of available information in 

paragraph (k)(2) of this section, the 

Regional Administrator shall publish 

notification to that effect in the Federal 

Register that includes a specified nonretention date that is not earlier than 7 

days after the Federal Register 

publication date until the end of the 

calendar year in which the retention 

limit was projected to be reached. 

(4) Once a notification is made 

pursuant to paragraph (k)(3) of this 

section, a fishing vessel registered for 

use under a longline permit issued 

under § 665.801(b) may not retain on 

board, transship, or land striped marlin 

captured by longline gear in the Pacific 

Ocean north the Equator (0° lat.) and 

west of 150° W longitude, except striped 

marlin retained prior to the nonretention date. Any striped marlin 

already on board upon the effective nonretention date may be retained on board, 

transshipped, and/or landed, to the 

extent authorized by applicable laws 

and regulations, provided that the 

striped marlin is landed within 14 days 

after the effective non-retention date. 

* * * * * 

[FR Doc. 2024–03778 Filed 2–23–24; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS