[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Rules and Regulations]
[Pages 26622-26625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08045]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 200413-0110]
RIN 0648-BJ41
Pacific Island Fisheries; 2019-2021 Annual Catch Limits and
Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule establishes annual catch limits (ACLs) and
accountability measures (AMs) in the main Hawaiian Islands (MHI) for
deepwater shrimp, precious corals, and gray jobfish (uku) in 2019-2021,
and for Kona crab in 2019. This rule supports the long-term
sustainability of Pacific Island fisheries.
DATES: The final rule is effective June 4, 2020. The final rule is
applicable in fishing years 2019, 2020, and 2021 for deepwater shrimp,
precious corals, and gray jobfish, and fishing year 2019 for Kona crab.
ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaii
Archipelago (Hawaii 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.
Copies of the environmental analyses and other supporting documents
for this action are available from https://www.regulations.gov/docket?D=NOAA-NMFS-2019-1024, or from Michael D. Tosatto, Regional
Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg.
176, Honolulu, HI 96818.
FOR FURTHER INFORMATION CONTACT: Brett Schumacher, NMFS PIRO
Sustainable Fisheries, 808-725-5185.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage fisheries in the
U.S. Exclusive Economic Zone (EEZ, or Federal waters) around Hawaii
under the Hawaii FEP under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), with
regulations at 50 CFR part 665. The FEP contains a process for the
Council and NMFS to specify ACLs and AMs; that process is codified at
50 CFR 665.4. NMFS must specify an ACL and AM(s) for each stock and
stock complex of management unit species (MUS) in an FEP, as
recommended by the Council and considering the best available
scientific, commercial, and other information about the fishery. If a
fishery exceeds an ACL, the regulations require the Council to take
action, which may include reducing the ACL for the subsequent fishing
year by the amount of the overage, or other appropriate action.
This rule establishes ACLs and AMs for MHI deepwater shrimp,
precious corals, and uku for 2019-2021, and for Kona crab for 2019 (see
Table 1). The rule is consistent with recommendations made by the
Council at its October 2017 and October 2018 meetings. The Council
recommended that NMFS implement ACLs and AMs for 2019, 2020, and 2021
for all stocks, except for MHI Kona crab, which they recommended that
NMFS implement an ACL and AM only for 2019 because a new stock
assessment is available to support ACL recommendations for this stock
for 2020 and beyond. The fishing year for each fishery begins on
January 1 and ends on December 31, except for precious coral fisheries,
which begin July 1 and end on June 30 of the next year.
Table 1--ACLs for Stocks in This Final Rule
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Stock ACL (lb) Year(s)
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Kona crab............................... 3,500 2019
Deepwater shrimp........................ 250,773 2019-2021
Uku..................................... 127,205 2019-2021
Auau Channel--Black coral............... 5,512 2019-2021
Makapuu Bed--Pink and red coral......... 2,205 2019-2021
Makapuu Bed--Bamboo coral............... 551 2019-2021
180 Fathom Bank--Pink and red coral..... 489 2019-2021
180 Fathom Bank--Bamboo coral........... 123 2019-2021
Brooks Bank--Pink and red coral......... 979 2019-2021
Brooks Bank--Bamboo coral............... 245 2019-2021
Kaena Point Bed--Pink and red coral..... 148 2019-2021
Kaena Point Bed--Bamboo coral........... 37 2019-2021
Keahole Bed--Pink and red coral......... 148 2019-2021
Keahole Bed--Bamboo coral............... 37 2019-2021
[[Page 26623]]
Hawaii Exploratory Area--precious corals 2,205 2019-2021
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As an AM for each stock, NMFS and the Council will evaluate the
catch after each fishing year to determine if the average catch of the
three most recent years exceeds its ACL. If it does, the Council would
recommend a reduction of the ACL of that fishery in the subsequent year
equal to the amount of the overage. In the event that NMFS needs to
reduce an ACL because a fishery exceeded its ACL, we would implement
the AM through a separate rulemaking.
In addition to this post-season AM, this rule implements a new in-
season AM for the uku fishery where, if NMFS projects that catch will
reach the ACL, NMFS would close the commercial and non-commercial uku
fisheries in Federal waters around the MHI for the remainder of the
fishing year. This in-season AM will be implemented only for fishing
years 2019 and 2020. The Council initially recommended this AM for uku,
along with an ACL of 127,205 lb and the post-season AM, at the October
2017 meeting. That recommendation covered three fishing years: 2018,
2019, and 2020. At the October 2018 meeting, the Council updated the
recommendations for uku for fishing years 2019 through 2021, but only
recommended the ACL of 127,205 lb and the post-season AM. Because the
October 2018 Council meeting did not address the in-season AM, this
management measure will not be applied for fishing year 2021.
There is also an existing in-season AM for the precious coral
fishery that will close individual coral beds if the ACL for that bed
is projected to be reached. This rule makes housekeeping changes to the
text pertaining to this AM that are described below.
For all stocks except uku, the ACLs and AMs are identical to those
most recently specified, in 2017. The Council did not recommend, and
NMFS did not implement, ACLs and AMs for any of the these fisheries in
2018, while the Council and NMFS developed the amendment to its fishery
ecosystem plans to reclassify certain MUS as ecosystem component
species (ECS), which do not require ACLs and AMs. This action is the
first time that ACLs and AMs will be implemented for uku as a single-
species stock.
In addition to codifying the ACLs, this rule makes housekeeping
changes to the regulations. First, the rule corrects a cross-reference
in 50 CFR 665.4(c) that pertains to ACL requirements. The current
regulation references a subsection under National Standard 1 that was
changed on October 18, 2016 (81 FR 71858). This rule updates the CFR to
refer to the correct subsection on exceptions to ACL requirements
(Sec. 600.310(h)(1)), rather than the subsection on flexibility for
endangered species and aquaculture operations (Sec. 600.310(h)(2)).
This rule makes three housekeeping changes related to management of
Hawaii precious corals. This rule removes subsection (b) in Sec.
665.269, which refers to nonselective harvest of precious coral in
conditional beds, because nonselective harvest of precious coral is not
permitted in any precious coral permit area (see Sec. 665.264). This
rule also removes references in Sec. Sec. 665.267 and 665.268 to a
two-year fishing period for Makapuu Bed and Auau Channel Bed, because
NMFS now manages these beds on the same one-year fishing year as all
other coral beds. This rule also replaces the term ``quota'' with
``ACL'' in Sec. Sec. 665.263, 665.268, and 665.269, to make the
language governing catch limits consistent throughout the regulations.
Comments and Responses
On February 10, 2020, NMFS published a proposed rule and request
for public comments (85 FR 7521). The comment period ended March 2,
2020. NMFS received comments from seven individuals that generally
supported the ACL and AMs, and responds below.
Comment 1: Why does the rule affect Kona crab for only one year,
and why will NMFS and the Council wait for a new stock assessment to
address management for subsequent years?
Response: The Council recommended 2019 ACL and AMs for Kona crab in
October 2018. At that time, NMFS was preparing a stock assessment that
would include updated catch projections for management use beginning in
2020. The Council limited their recommendations for Kona crab to 2019
with the understanding that they would recommend ACLs and AMs for Kona
crab in subsequent years when the new stock assessment became
available. This process allows NMFS and the Council to use information
provided in the new stock assessment to inform management for 2020 and
beyond, and is consistent with National Standard 2 of the Magnuson-
Stevens Act, which requires NMFS to use the best scientific information
available.
Comment 2: Lower ACLs would promote greater biodiversity and
prevent effects from rising ocean temperatures.
Response: NMFS acknowledges that biodiversity and climate change
are important considerations. We evaluated these issues in the
environmental assessments supporting this management action, and the
best available information does not indicate that the fisheries covered
by this rule affect biodiversity or are affected by increased ocean
temperatures.
Comment 3: How are the rules enforced?
Response: NOAA's Office of Law Enforcement and the U.S. Coast Guard
enforce Federal fisheries rules. They conduct enforcement activities
both on and off the water, and conduct related criminal and civil
investigations. The Enforcement Section of the NOAA Office of General
Counsel provides legal support to the NOAA Office of Law Enforcement
and other NOAA offices, and prosecutes cases.
Changes From the Proposed Rule
This final rule contains no changes from the proposed rule.
Classification
The Administrator, Pacific Islands Region, NMFS, determined that
this action is necessary for the conservation, management, and long-
term sustainability of the subject fisheries, 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. The factual basis for the certification was published in the
proposed rule and is not repeated here. NMFS did not receive any
comments regarding this certification. As a result, a regulatory
flexibility analysis was not required and none was prepared.
[[Page 26624]]
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
List of Subjects in 50 CFR Part 665
Annual catch limits, Accountability measures, Bottomfish, Deepwater
shrimp, Precious corals, Kona crab, Uku, Fisheries, Fishing, Hawaii,
Pacific Islands.
Dated: April 13, 2020.
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
665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for 50 CFR part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.4, revise paragraph (c) to read as follows:
Sec. 665.4 Annual catch limits.
* * * * *
(c) Exceptions. The Regional Administrator is not required to
specify an annual catch limit for an ECS, or for an MUS that is
statutorily excepted from the requirement pursuant to 50 CFR
600.310(h)(1).
* * * * *
0
3. In Sec. 665.204, revise paragraphs (h) and (i) to read as follows:
Sec. 665.204 Prohibitions
* * * * *
(h) Fish for or possess any bottomfish MUS as defined in Sec.
665.201, in the MHI management subarea after a closure of its
respective fishery, in violation of Sec. 665.211.
(i) Sell or offer for sale any bottomfish MUS as defined in Sec.
665.201, after a closure of its respective fishery, in violation of
Sec. 665.211.
* * * * *
0
4. Revise Sec. 665.211 to read as follows:
Sec. 665.211 Annual Catch Limits (ACL).
(a) In accordance with Sec. 665.4, the ACLs for MHI bottomfish
fisheries for each fishing year are as follows:
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2018-19 ACL 2019-20 ACL 2020-21 ACL
Fishery (lb) (lb) (lb)
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Deep 7 bottomfish............................................... 492,000 492,000 492,000
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Fishery 2019 ACL (lb) 2020 ACL (lb) 2021 ACL (lb)
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Uku............................................................. 127,205 127,205 127,205
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(b) When a bottomfish ACL is projected to be reached based on
analyses of available information, the Regional Administrator shall
publish a document to that effect in the Federal Register and shall use
other means to notify permit holders. The document will include an
advisement that the fishery will be closed beginning at a specified
date, which is not earlier than seven days after the date of filing the
closure notice for public inspection at the Office of the Federal
Register, until the end of the fishing year in which the ACL is
reached.
(c) On and after the date specified in paragraph (b) of this
section, no person may fish for or possess any bottomfish MUS from a
closed fishery in the MHI management subarea, except as otherwise
allowed in this section.
(d) On and after the date specified in paragraph (b) of this
section, no person may sell or offer for sale any bottomfish MUS from a
closed fishery, except as otherwise authorized by law.
(e) Fishing for, and the resultant possession or sale of, any
bottomfish MUS by vessels legally registered to Mau Zone, Ho'omalu
Zone, or PRIA bottomfish fishing permits and conducted in compliance
with all other laws and regulations, is exempted from this section.
0
5. Add Sec. 665.253 to read as follows:
Sec. 665.253 Annual Catch Limits (ACL).
In accordance with Sec. 665.4, the ACLs for MHI crusteaceans for
each fishing year are as follows:
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Fishery 2019 ACL (lb) 2020 ACL (lb) 2021 ACL (lb)
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Kona crab....................................................... 3,500 NA NA
Deepwater shrimp................................................ 250,733 250,733 250,733
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0
6. In Sec. 665.263, revise paragraph (b)(3) to read as follows:
Sec. 665.263 Prohibitions.
* * * * *
(b) * * *
(3) In a bed for which the ACL specified in Sec. 665.269 has been
attained.
* * * * *
0
7. Revise Sec. 665.267 to read as follows:
Sec. 665.267 Seasons.
The fishing year for precious coral begins on July 1 and ends on
June 30 the following year.
0
8. In Sec. 665.268, revise paragraph (a) to read as follows:
Sec. 665.268 Closures.
(a) If the Regional Administrator determines that the ACL for any
coral bed will be reached prior to the end of the fishing year, NMFS
shall publish a document to that effect in the Federal Register and
shall use other means to notify permit holders. Any such notice must
indicate the fishery shall be closed, the reason for the closure, the
specific bed being closed, and the effective date of the closure.
* * * * *
0
9. Revise Sec. 665.269 to read as follows:
[[Page 26625]]
Sec. 665.269 Annual Catch Limits (ACL).
(a) General. The ACLs limiting the amount of precious coral that
may be taken in any precious coral permit area during the fishing year
are listed in paragraph (c) of this section. Only live coral is counted
toward the ACL. The accounting period for each fishing year for all
precious coral ACLs begins July 1 and ends June 30 of the following
year.
(b) Reserves and reserve release. The ACL for exploratory area X-P-
H will be held in reserve for harvest by vessels of the United States
in the following manner:
(1) At the start of the fishing year, the reserve for the Hawaii
exploratory areas will equal the ACL minus the estimated domestic
annual harvest for that year.
(2) As soon as practicable after December 31 each year, the
Regional Administrator will determine the amount harvested by vessels
of the United States between July 1 and December 31 of the year that
just ended on December 31.
(3) NMFS will release to TALFF an amount of Hawaii precious coral
for each exploratory area equal to the ACL minus two times the amount
harvested by vessels of the United States in that July 1-December 31
period.
(4) NMFS will publish in the Federal Register a notification of the
Regional Administrator's determination and a summary of the information
on which it is based as soon as practicable after the determination is
made.
(c) In accordance with Sec. 665.4, the ACLs for MHI precious coral
permit areas for each fishing year are as follows:
Table 1 to Paragraph (c)
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Type of coral bed Area and coral group 2019 ACL (lb) 2020 ACL (lb) 2021 ACL (lb)
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Established bed....................... Auau Channel--Black 5,512 5,512 5,512
coral.
Makapuu Bed--Pink and 2,205 2,205 2,205
red coral.
Makapuu Bed--Bamboo 551 551 551
coral.
Conditional Beds...................... 180 Fathom Bank--Pink 489 489 489
and red coral.
180 Fathom Bank--Bamboo 123 123 123
coral.
Brooks Bank--Pink and 979 979 979
red coral.
Brooks Bank--Bamboo 245 245 245
coral.
Kaena Point Bed--Pink 148 148 148
and red coral.
Kaena Point Bed--Bamboo 37 37 37
coral.
Keahole Bed--Pink and 148 148 148
red coral.
Keahole Bed--Bamboo 37 37 37
coral.
Exploratory Area...................... Hawaii--precious coral.. 2,205 2,205 2,205
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Note 1 to Sec. 665.269: No fishing for coral is authorized in
refugia.
Note 2 to Sec. 665.269: A moratorium on gold coral harvesting
is in effect through June 30, 2023.
[FR Doc. 2020-08045 Filed 5-4-20; 8:45 am]
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