47642 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

period will be reached by October 17, 

2017. Accordingly, the commercial 

sector for South Atlantic vermilion 

snapper is closed effective at 12:01 a.m., 

local time, October 17, 2017, until 12:01 

a.m., local time, January 1, 2018. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper with 

vermilion snapper on board must have 

landed and bartered, traded, or sold 

such vermilion snapper prior to 12:01 

a.m., local time, October 17, 2017. 

During the commercial closure, the 

recreational bag limit specified in 50 

CFR 622.187(b)(5) and the possession 

limits specified in 50 CFR 622.187(c)(1) 

apply to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ. Also during the 

commercial closure, the sale or 

purchase of vermilion snapper taken 

from the EEZ is prohibited. As specified 

in 50 CFR 622.190(c)(1)(i), the 

prohibition on sale or purchase does not 

apply to the sale or purchase of 

vermilion snapper that were harvested, 

landed ashore, and sold prior to 12:01 

a.m., local time, October 17, 2017, and 

were held in cold storage by a dealer or 

processor. For a person on board a 

vessel issued a Federal commercial or 

charter vessel/headboat permit for the 

South Atlantic snapper-grouper fishery, 

the recreational bag and possession 

limits and the sale and purchase 

provisions of the commercial closure for 

vermilion snapper apply regardless of 

whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.190(c)(1)(ii). 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of South 

Atlantic vermilion snapper and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(f)(1) and is exempt from review 

under Executive Order 12866. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds that the need to 

immediately implement this action to 

close the commercial sector for 

vermilion snapper constitutes good 

cause to waive the requirements to 

provide prior notice and opportunity for 

public comment pursuant to the 

authority set forth in 5 U.S.C. 553(b)(B), 

as such procedures would be 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the final rule 

implementing the AM has been subject 

to public notice and comment, and all 

that remains is to notify the public of 

the closure. Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect vermilion snapper, 

since the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial quota. Prior notice and 

opportunity for public comment would 

require time and could result in a 

harvest well in excess of the established 

commercial quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: October 10, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–22211 Filed 10–12–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 170109046–7933–02] 

RIN 0648–XF156 

Pacific Island Pelagic Fisheries; 2017 

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: In this final rule, NMFS 

specifies a 2017 limit of 2,000 mt of 

longline-caught bigeye tuna for each 

U.S. participating territory (American 

Samoa, Guam, and the Northern 

Mariana Islands). NMFS will allow each 

territory to allocate up to 1,000 mt each 

year to U.S. longline fishing vessels in 

a valid specified fishing agreement. 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 and fisheries 

development in the U.S. territories. 

DATES: The final specifications are 

effective October 10, 2017, through 

December 31, 2017. The deadline to 

submit a specified fishing agreement 

pursuant to 50 CFR 665.819(b)(3) for 

review is December 11, 2017. 

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, identified by NOAA– 

NMFS–2017–0004, are available from 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0004, 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 each 

U.S. participating territory in 2017. 

NMFS is also authorizing 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 Pelagic FEP. NMFS will monitor 

catches of longline-caught bigeye tuna 

by the longline fisheries of each 

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—Territorial catch and 

fishing effort limits. 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 (territorial 

catch limit), and/or vessels in a 

specified fishing agreement (allocation 

limit). 

You may find additional background 

information on this action in the 

preamble to the proposed specifications 

published on August 31, 2017 (82 FR 

41388). 

Comments and Responses 

On August 31, 2017, NMFS published 

the proposed specifications and request 

for public comments (82 FR 41388); the 

comment period closed on September 

15, 2017. 


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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47643 

In addition to the proposed catch 

limit specification, NMFS specifically 

invited public comments that would 

address the impact of the proposed 

action on cultural fishing rights in 

American Samoa. On March 20, 2017, in 

Territory of American Samoa v. NMFS, 

et al. (16–cv–95, D. Haw), a Federal 

judge vacated and set aside a NMFS rule 

that amended the American Samoa 

Large Vessel Prohibited Area (LVPA) for 

eligible longliners. The Court held that 

the action was inconsistent with the 

‘‘other applicable law’’ provision of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by not 

considering the protection and 

preservation of cultural fishing rights in 

American Samoa under the Instruments 

of Cession. The Instruments of Cession 

do not specifically mention cultural 

fishing rights, and the Court’s decision, 

although recognizing the need to protect 

those rights, does not define them. The 

Council is currently reevaluating the 

LVPA rule, including options to define 

cultural fishing rights in American 

Samoa that are subject to preservation 

and protection. 

NMFS received five comment 

submissions on the proposed 

specifications, from individuals and the 

fishing industry. NMFS considered the 

public comments in making its decision 

on this action, and responds below to 

comments. 

Comments on the Proposed 

Specifications 

NMFS responds to comments on the 

proposed specifications, as follows: 

Comment 1: Several commenters 

expressed support for the proposed 

2017 longline bigeye tuna catch limit of 

2,000 mt and said the limit is 

sustainable and balances the needs of 

the communities that rely on bigeye 

tuna, and the ability of the stock to 

repopulate. 

Response: NMFS agrees and is 

satisfied that this action, which is 

identical to the catch and allocation 

limits we implemented in 2016 (81 FR 

63145, September 14, 2016), addresses 

the conservation and management needs 

of the bigeye tuna in the Western and 

Central Pacific Ocean (WCPO) while 

taking into account the needs of fishing 

communities of the U.S. Pacific Islands. 

Comment 2: One commenter said 

NOAA should allow for a maximum 

catch limit of 500 mt to account for 

unreported catches by poachers. The 

commenter also expressed concern that 

NOAA does not have sufficient 

enforcement resources to catch 

poachers, and that the proposed 2,000 

mt catch limit will result in the species 

extinction. 

Response: NMFS disagrees that it 

should reduce the limit to account for 

poaching by U.S. longline fishing 

vessels. NMFS has no evidence that 

poaching is an issue of management 

concern, and therefore has no basis to 

reduce the allocation limit. Regulations 

implementing the Pelagic FEP include 

numerous measures that minimize the 

potential for illegal and unreported 

catch in U.S. longline fisheries. 

Specifically, NMFS requires all U.S. 

longline vessels owners to install and 

maintain operational vessel monitoring 

systems. This allows NMFS to track the 

location of fishing vessels at all times 

and ensure vessels do not fish within 

any restricted fishing area or during a 

fishery closure. 

NMFS also places a scientific observer 

on board longline vessels to document 

and record all catches made during 

observed fishing trips. Longline vessel 

operators must also maintain an 

accurate daily log of all catches, which 

NMFS can cross validate with observer 

records and market sales reports. 

Together, these measures provide NMFS 

with a reliable means to track the 

amount of fish caught by U.S. longline 

vessels from sea to market, and 

minimize the potential for illegal and 

unreported catch in the fishery. 

NMFS also disagrees that the 

proposed action would result in the 

extinction of bigeye tuna. Bigeye tuna is 

not a species listed as, or proposed to 

be listed as, threatened or endangered 

under the Endangered Species Act 

(ESA), nor is it a candidate species for 

ESA listing. Moreover, NMFS has 

determined that the proposed action is 

consistent with the Western and Central 

Pacific Fisheries Commission’s 

(WCPFC) objectives to conserve bigeye 

tuna at sustainable levels. 

Comment 3: One commenter said the 

NMFS should state where exactly the 

authority to create catch limits comes 

from instead of just supplying the 

statute number. 

Response: Bigeye tuna is managed by 

the WCPFC, of which the United States 

is a member. In Conservation and 

Management Measure (CMM) 2016–01, 

the WCPFC established bigeye longline 

catch limits for the United States and 

other members, while exempting small 

island developing states and 

Participating Territories to the WCPFC, 

including American Samoa, Guam, and 

the Commonwealth of the Northern 

Mariana Islands, from catch limits. 

CMM 2016–01 also provides that 

qualifying longline catches of vessels 

operated under contracts and leases 

with Participating Territories are to be 

attributed to those Territories. This 

action establishes bigeye longline limits 

for the three U.S. participating 

territories, a limited portion of which 

may be allocated to eligible vessels 

under specified fishing agreements, 

consistent with the WCPFC’s 

conservation objectives for bigeye tuna. 

NMFS clarifies here that the authority to 

promulgate these fishing regulations 

arises from the Magnuson-Stevens Act 

(16 U.S.C. 1801, et seq.) and 

implementing regulations at 50 CFR 

665.819. 

Comment 4: One commenter said that 

vessels in the U.S. pelagic longline 

fishery have existing specified fishing 

agreements with U.S. territories but are 

unable to fish for bigeye tuna under 

those agreements until NMFS finalizes 

the proposed action. 

Response: Specified fishing 

agreements may not be given effect until 

NMFS determines that the proposed 

catch and allocation limits are 

consistent with the Pelagic FEP, WCPFC 

decisions, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws. While the 2017 

proposed catch and allocation limits are 

identical to the limits NMFS 

implemented in 2016, NMFS received 

new information relevant to the 

environmental analyses in the 2015 EA 

and 2016 Supplemental EA. NMFS was 

required to complete its analysis of this 

information and other relevant impacts 

prior to taking final action on the 

proposed catch and allocation limit 

specifications. 

Comment 5: One commenter 

questions whether there is a factual 

basis to limit each territory to a 1,000 mt 

allocation limit, particularly in light of 

the 2017 Stock Assessment. 

Response: The Council recommended 

the 1,000 mt allocation limit for each 

U.S. territory prior to the availability of 

the 2017 stock assessment for bigeye 

tuna, which was completed in August 

2017. Utilizing the best scientific 

information available, NMFS has 

determined that this allocation limit is 

consistent with WCPFC objectives to 

conserve the bigeye stock. Although the 

new 2017 stock assessment may 

describe a somewhat more optimistic 

conservation status for bigeye tuna, 

NMFS considers its use for this 

management action to be premature. 

NMFS expects stock assessment authors 

to present the assessment results to the 

Western and Central Pacific Fisheries 

Commission (WCPFC) at its December 

2017 meeting. We also expect the 

Council will consider the 2017 stock 

assessment and WCPFC decisions when 

recommending the future catch and 


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47644 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

allocation limits for territorial longline 

fisheries. 

Comment 6: One commenter said that 

cultural fishing rights are an important 

topic that needs recognition and that the 

proposed action can achieve the 

financial and cultural goals of the 

American Samoa vessels and protect 

populations of tuna. 

Response: NMFS agrees and 

recognizes the importance of fishing to 

U.S. Pacific Island cultures. The action 

limits the amount of bigeye tuna that the 

U.S. territories may allocate to eligible 

vessels through specified fishing 

agreements to ensure that a sufficient 

amount of bigeye tuna is available to 

territorial fisheries. NMFS is satisfied 

that the catch and allocation limits 

addresses the conservation and 

management needs of the bigeye tuna in 

the WCPO while taking into account the 

needs of fishing communities. 

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 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 we do 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. 

On December 29, 2015, NMFS issued 

a final rule establishing a small business 

size standard of $11 million in annual 

gross receipts for all businesses 

primarily engaged in the commercial 

fishing industry (NAICS 11411) for 

Regulatory Flexibility Act (RFA) 

compliance purposes only (80 FR 

81194, December 29, 2015). The $11 

million standard became effective on 

July 1, 2016, and is to be used in place 

of the U.S. Small Business 

Administration’s (SBA) current 

standards of $20.5 million, $5.5 million, 

and $7.5 million for the finfish (NAICS 

114111), shellfish (NAICS 114112), and 

other marine fishing (NAICS 114119) 

sectors of the U.S. commercial fishing 

industry in all NMFS rules subject to 

the RFA after July 1, 2016. 

Pursuant to the RFA and prior to July 

1, 2016, NMFS developed a certification 

for this regulatory action using SBA size 

standards. NMFS has reviewed the 

analyses prepared for this regulatory 

action in light of the new size standard. 

All of the entities directly regulated by 

this regulatory action are commercial 

fishing businesses and were considered 

small under the SBA size standards and, 

thus, they all would continue to be 

considered small under the new 

standard. Accordingly, NMFS has 

determined that the new size standard 

does not affect analyses prepared for 

this regulatory action. 

This rule it is not subject to the 30- 

day delayed effectiveness provision of 

the Administrative Procedure Act 

pursuant to 5 U.S.C. 553(d)(1) because 

it is a substantive rule that relieves a 

restriction. This rule allows all U.S. 

vessels identified in a valid specified 

fishing agreement to resume fishing in 

the western and central Pacific Ocean 

(WCPO) after NMFS closed the longline 

fishery for bigeye tuna both there and in 

the eastern Pacific Ocean (EPO). 

NMFS closed the U.S. pelagic 

longline fishery for bigeye tuna in the 

WCPO on September 1, 2017, because 

the fishery reached the 2017 catch limit 

(82 FR 37824, August 14, 2017). In 

addition, on September 8, 2017, NMFS 

closed the U.S. pelagic longline fishery 

for bigeye tuna for vessels greater than 

24 m in the EPO because the fishery 

reached the 2017 catch limit (82 FR 

41562, September 1, 2017). This final 

rule would relieve the restriction of the 

fishery closure in the WCPO by 

allowing all U.S. vessels to fish for 

bigeye tuna in the WCPO under a valid 

specified fishing agreement with one or 

more U.S territory. This would alleviate 

some of the impacts to the U.S. pelagic 

longline fishery resulting from the two 

fishery closures, and may provide 

positive economic benefits for the 

fishery and associated businesses, and 

net benefits to the public and the 

Nation. 

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: October 6, 2017. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2017–22155 Filed 10–10–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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