[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Proposed Rules]
[Pages 6798-6802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02010]
[[Page 6798]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 121107617-3050-01]
RIN 0648-XC351
Western Pacific Fisheries; 2013 Annual Catch Limits and
Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed specification; request for comments.
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SUMMARY: NMFS proposes annual catch limits for western Pacific
bottomfish, crustacean, precious coral, and coral reef ecosystem
fisheries, and accountability measures to correct or mitigate any
overages of catch limits. The proposed catch limits and accountability
measures support the long-term sustainability of fishery resources of
the U.S. Pacific Islands
DATES: Comments must be received by February 15, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0226, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0226, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Send written comments to Michael D. Tosatto,
Regional Administrator, NMFS Pacific Islands Region (PIR), 1601
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
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
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), and will accept attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF file formats only.
NMFS prepared three environmental assessments that describe the
potential impacts on the human environment that would result from the
proposed annual catch limits and accountability measures. Additional
background information was also provided in the 2012 proposed and final
specifications (77 FR 66, January 3, 2012, and 77 FR 6019, February 7,
2012). Copies of these documents are available from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808-944-2108.
SUPPLEMENTARY INFORMATION: Fisheries in the U.S. Exclusive Economic
Zone (EEZ, or Federal waters) around the U.S. Pacific Islands are
managed under four archipelagic-based fishery ecosystem plans (FEP),
including the American Samoa FEP, the Hawaii FEP, the Pacific Remote
Islands FEP, and the Mariana FEP (covering Guam and the Commonwealth of
the Northern Mariana Islands (CNMI)), and one FEP for pelagic
fisheries. The FEPs were developed by the Western Pacific Fishery
Management Council (Council) and implemented by NMFS under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Each FEP contains a process for the Council and NMFS to specify
annual catch limits (ACLs) and accountability measures (AMs); that
process is codified at 50 CFR 665.4 (76 FR 37285, June 27, 2011). The
regulations require NMFS to specify, every fishing year, an ACL for
each stock and stock complex of management unit species (MUS) included
in an FEP, as recommended by the Council and in consideration of the
best available scientific, commercial, and other information about the
fishery. If an ACL is exceeded, the regulations require the Council to
take action to reduce the ACL for the subsequent fishing year by the
amount of the overage, or take other actions, as appropriate.
Specification of ACLs
NMFS proposes to specify ACLs for bottomfish, crustacean, precious
coral, and coral reef ecosystem fishery MUS in American Samoa, Guam,
the CNMI, and Hawaii. NMFS based the proposed specifications on
recommendations from the Council at its 155th meeting held on October
29 to November 1, 2012. A total of 101 ACLs are proposed: 22 in
American Samoa, 27 in Guam, 22 in the CNMI, and 30 in Hawaii. The ACLs
would be specified for the 2013 fishing year (January 1 through
December 31, 2013, except for precious coral fisheries, July 1, 2012,
through June 30, 2013). The proposed ACLs are identical to those NMFS
specified for these fisheries in 2012, except for the bottomfish
fisheries where the proposed catch limits are slightly higher compared
to 2012.
NMFS is not proposing ACLs for bottomfish, crustacean, precious
coral, or coral reef ecosystem MUS in the PRIA because commercial
fishing is prohibited out to 50 nautical miles by Presidential
Proclamation 8336, which established the Pacific Remote Island Marine
National Monument (74 FR 1565, January 12, 2009), and because there is
no habitat to support such fisheries in the EEZ beyond the monument
boundaries. The Council is separately working on an amendment to the
PRIA FEP containing management measures to permit non-commercial
fishing within the Pacific Remote Island Marine National Monument (as
well as the Rose Atoll and Marianas Trench Marine National Monuments),
and ensure non-commercial fishing, if allowed, is managed as a
sustainable activity in accordance with provisions of Proclamation
8336. Additionally, NMFS is not proposing ACLs for MUS that are
currently subject to Federal fishing moratoria or prohibitions. This
includes all species of gold coral (73 FR 47098, August 13, 2008), all
species of deepwater precious corals at the Westpac Bed Refugia (75 FR
2198, January 14, 2010), and the three Hawaii seamount groundfish:
pelagic armorhead, alfonsin, and raftfish (75 FR 69015, November 10,
2010). The current prohibitions on fishing for these MUS serve as a
functional equivalent of an ACL of zero.
NMFS is also not proposing ACLs for pelagic MUS at this time
because it previously determined that pelagic species are subject to
international fishery agreements or have a life cycle of approximately
one year and, therefore, have statutory exceptions to the ACL
requirements.
NMFS and the Council developed the proposed ACLs in accordance with
the FEPs and Federal regulations. For Pacific Island crustacean,
precious coral and coral reef ecosystem MUS, the Council, at its 155th
meeting, recommended specifying the 2013 ACLs identical to the ACLs
NMFS specified for these fisheries in 2012 (77 FR 6019, February 7,
2012). The data, methods, and procedures considered by the Council and
its Scientific and Statistical Committee (SSC) in developing their
respective fishing level recommendations for Pacific Island
[[Page 6799]]
crustacean, precious coral, and coral reef ecosystem MUS are described
in the EAs for the 2012 ACLs, and in the proposed specifications (77 FR
66, January 3, 2012) and final specifications (77 FR 6019, February 7,
2012) for that action.
For Pacific Island bottomfish MUS, the Council recommended
specifying the 2013 ACLs equal to the acceptable biological catch as
established by its SSC at the 111th SSC meeting held October 24-26,
2012. The data, methods, and procedures considered by the SSC and the
Council in developing their respective fishing level recommendations
for Pacific Island bottomfish MUS are described in detail in the EA
that supports this action.
Proposed Annual Catch Limit Specifications
Table 1--American Samoa
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish...................... Bottomfish multi- 101,000 lb (45,813
species stock kg).
complex.
Crustacean...................... Deepwater Shrimp.. 80,000 lb (36,287
kg).
Spiny Lobster..... 2,300 lb (1,043
kg).
Slipper Lobster... 30 lb (14 kg).
Kona Crab......... 3,200 lb (1,451
kg).
Precious Coral.................. Black Coral....... 790 lb (358 kg).
Precious Corals in 2,205 lb (1,000
the American kg).
Samoa Exploratory
Area.
Coral Reef Ecosystem............ Acanthuridae--surg 19,516 lb (8,852
eonfish. kg).
Lutjanidae--snappe 18,839 lb (8,545
rs. kg).
Selar 8,396 lb (3,808
crumenophthalmus- kg).
-atule or bigeye
scad.
Mollusks--turbo 16,694 lb (7,572
snail; octopus; kg).
giant clams.
Carangidae--jacks. 9,490 lb (4,305
kg).
Lethrinidae--emper 7,350 lb (3,334
ors. kg).
Scaridae--parrotfi 8,145 lb (3,695
sh. kg).
Serranidae--groupe 5,600 lb (2,540
rs. kg).
Holocentridae--squ 2,585 lb (1,173
irrelfish. kg).
Mugilidae--mullets 2,857 lb (1,296
kg).
Crustaceans--crabs 2,248 lb (1,020
kg).
Bolbometopon 235 lb (107 kg).
muricatum--bumphe
ad parrotfish.
Cheilinus 1,743 lb (791 kg).
undulatus--Humphe
ad (Napoleon)
wrasse.
Carcharhinidae--Re 1,309 lb (594 kg).
ef Sharks.
All Other CREMUS 18,910 lb (8,577
combined. kg).
------------------------------------------------------------------------
Table 2--Mariana Archipelago--Guam
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish...................... Bottomfish multi- 66,800 lb (30,300
species stock kg).
complex.
Crustaceans..................... Deepwater Shrimp.. 48,488 lb (21,994
kg).
Spiny Lobster..... 2,700 lb (1,225
kg).
Slipper Lobster... 20 lb (9 kg).
Kona Crab......... 1,900 lb (862 kg).
Precious Coral.................. Black Coral....... 700 lb (318 kg).
Precious Corals in 2,205 lb (1,000
the Guam kg).
Exploratory Area.
Cora Reef Ecosystem............. Acanthuridae--surg 70,702 lb (32,070
eonfish. kg).
Carangidae--jacks. 45,377 lb (20,583
kg).
Selar 56,514 lb (25,634
crumenophthalmus- kg).
-atulai or bigeye
scad.
Lethrinidae--emper 38,720 lb (17,563
ors. kg).
Scaridae--parrotfi 28,649 lb (12,995
sh. kg).
Mullidae--goatfish 25,367 lb (11,506
kg).
Mollusks--turbo 21,941 lb (9,952
snail; octopus; kg).
giant clams.
Siganidae--rabbitf 26,120 lb (11,848
ish. kg).
Lutjanidae--snappe 17,726 lb (8,040
rs. kg).
Serranidae--groupe 17,958 lb (8,146
rs. kg).
Mugilidae--mullets 15,032 lb (6,818
kg).
Kyphosidae--chubs/ 13,247 lb (6,009
rudderfish. kg).
Crustaceans--crabs 5,523 lb (2,505
kg).
Holocentridae--squ 8,300 lb (3,765
irrelfish. kg).
Algae............. 5,329 lb (2,417
kg).
Labridae--wrasses. 5,195 lb (2,356
kg).
Bolbometopon 797 lb (362 kg)
muricatum--bumphe (CNMI and Guam
ad parrotfish. combined).
Cheilinus 1,960 lb (889 kg).
undulatus--Humphe
ad (Napoleon)
wrasse.
Carcharhinidae--Re 6,942 lb (3,149
ef Sharks. kg).
[[Page 6800]]
All Other CREMUS 83,214 lb (37,745
combined. kg).
------------------------------------------------------------------------
Table 3--Mariana Archipelago--CNMI
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish...................... Bottomfish multi- 228,000 lb
species stock (103,419 kg).
complex.
Crustacean...................... Deepwater Shrimp.. 275,570 lb
(124,996 kg).
Spiny Lobster..... 5,500 lb (2,495
kg).
Slipper Lobster... 60 lb (27 kg).
Kona Crab......... 6,300 lb (2,858
kg).
Precious Coral.................. Black Coral....... 2,100 lb (953 kg).
Precious Corals in 2,205 lb (1,000
the CNMI kg).
Exploratory Area.
Coral Reef Ecosystem............ Lethrinidae--emper 27,466 lb (12,458
ors. kg).
Carangidae--jacks. 21,512 lb (9,758
kg).
Acanthuridae--surg 6,884 lb (3,123
eonfish. kg).
Selar 7,459 lb (3,383
crumenophthalmus- kg).
-atulai or bigeye
scad.
Serranidae--groupe 5,519 lb (2,503
rs. kg).
Lutjanidae--snappe 3,905 lb (1,771
rs. kg).
Mullidae--goatfish 3,670 lb (1,665
kg).
Scaridae--parrotfi 3,784 lb (1,716
sh. kg).
Mollusks--turbo 4,446 lb (2,017
snail; octopus; kg).
giant clams.
Mugilidae--mullets 3,308 lb (1,500
kg).
Siganidae--rabbitf 2,537 lb (1,151
ish. kg).
Bolbometopon 797 lb (362 kg)
muricatum--bumphe (CNMI and Guam
ad parrotfish. combined).
Cheilinus 2,009 lb (911 kg).
undulatus--Humphe
ad (Napoleon)
wrasse.
Carcharhinidae--Re 5,600 lb (2,540
ef Sharks. kg).
All Other CREMUS 9,820 lb (4,454
combined. kg).
------------------------------------------------------------------------
Table 4--Hawaii
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish...................... Non-Deep 7 145,000 (65,771
Bottomfish. kg).
Crustacean...................... Deepwater Shrimp.. 250,773 lb
(113,749 kg).
Spiny Lobster..... 10,000 lb (4,536
kg).
Slipper Lobster... 280 lb (127 kg).
Kona Crab......... 27,600 lb (12,519
kg).
Precious Coral.................. Auau Channel Black 5,512 lb (2,500
Coral. kg).
Makapuu Bed--Pink 2,205 lb (1,000
Coral. kg).
Makapuu Bed-- 551 lb (250 kg).
Bamboo Coral.
180 Fathom Bank-- 489 lb (222 kg).
Pink Coral.
180 Fathom Bank-- 123 lb (56 kg).
Bamboo Coral.
Brooks Bank--Pink 979 lb (444 kg).
Coral.
Brooks Bank-- 245 lb (111 kg).
Bamboo Coral.
Kaena Point Bed-- 148 lb (67 kg).
Pink Coral.
Kaena Point Bed-- 37 lb (17 kg).
Bamboo Coral.
Keahole Bed--Pink 148 lb (67 kg).
Coral.
Keahole Bed-- 37 lb (17 kg).
Bamboo Coral.
Precious Corals in 2,205 lb (1,000
the Hawaii kg).
Exploratory Area.
Coral Reef Ecosystem............ Selar 651,292 lb
crumenophthalmus- (295,421 kg).
-akule or bigeye
scad.
Decapterus 393,563 lb
macarellus--opelu (178,517 kg).
or mackerel scad.
Carangidae--jacks. 193,423 lb (87,735
kg).
Mullidae--goatfish 125,813 lb (57,068
kg).
Acanthuridae--surg 80,545 lb (36,535
eonfish. kg).
Lutjanidae--snappe 65,102 lb (29,530
rs. kg).
Holocentridae--squ 44,122 lb (20,013
irrelfish. kg).
Mugilidae--mullets 41,112 lb (18,648
kg).
Mollusks--turbo 28,765 lb (13,048
snails; octopus. kg).
Scaridae--parrotfi 33,326 lb (15,116
sh. kg).
Crustaceans--crabs 20,686 lb (9,383
kg).
[[Page 6801]]
Carcharhinidae--Re 111,566 lb (50,605
ef Sharks. kg).
All Other CREMUS 142,282 lb (64,538
combined. kg).
------------------------------------------------------------------------
Proposed Accountability Measures
Each fishing year, NMFS and local resource management agencies in
American Samoa, Guam, the CNMI, and Hawaii collect information about
MUS catches and apply them toward the appropriate ACLs. Pursuant to 50
CFR 665.4, when the ACL for a stock or stock complex is projected to be
reached, based on available information, NMFS must notify permit
holders that fishing for that stock or stock complex will be restricted
in Federal waters on a specified date. The restriction serves as the AM
to prevent an ACL from being exceeded, and may include, but is not
limited to, closure of the fishery, closure of specific areas, changes
to bag limits, or restrictions in effort. However, fisheries statistics
are generally not available to NMFS until at least six months after the
data has been collected. While the State of Hawaii has the capability
to monitor and track the catch of seven preferentially-targeted
bottomfish species in near-real time in comparison with NMFS specified
ACLs (77 FR 56791, September 14, 2012), additional resources would be
required to extend these capabilities to other bottomfish, crustacean,
precious coral, and coral reef ecosystem MUS. Significant resources
would also be required to support the establishment of in-season
monitoring and tracking capabilities in American Samoa, Guam, and the
CNMI.
Additionally, reliance on Federal logbook and reporting from
Federal waters will not be sufficient to accurately monitor and track
catches towards the proposed ACL specifications as the majority of
fishing for bottomfish, crustacean, precious coral, and coral reef
ecosystem fishery MUS occurs primarily in non-Federal waters, generally
0-3 nautical miles from shore. For these reasons, NMFS proposes to
implement the Council's recommended AM, which requires the Council to
conduct a post-season accounting of the annual catch for each stock and
stock complex of MUS immediately after the end of the fishing year. If
an ACL is exceeded, the Council would take action in accordance with 50
CFR 600.310(g), which may include a recommendation that NMFS reduce the
ACL for the subsequent fishing year by the amount of the overage, or
other measures, as appropriate.
NMFS will consider public comments on the proposed ACLs and AMs and
will announce the final specifications as soon as possible. Comments on
these proposed specifications must be received by February 15, 2013,
not postmarked or otherwise transmitted by that date. Regardless of the
final ACL specifications and AMs, all other management measures will
continue to apply in the fisheries.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator for Fisheries has determined that this
proposed specification is consistent with the applicable western
Pacific FEPs, other provisions of the Magnuson-Stevens Act, and other
applicable laws, 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 these proposed specifications, if adopted, would
not have a significant economic impact on a substantial number of small
entities. A description of the action, why it is being considered, and
the legal basis for it are contained in the preamble to this proposed
specification.
The National Marine Fisheries Service (NMFS) based the proposed
specifications on recommendations from the Western Pacific Fishery
Management Council (Council) at its 155th meeting held on October 29-
November 1, 2012. A total of 101 ACLs are proposed: 22 in American
Samoa, 27 in Guam, 22 in the Commonwealth of the Northern Mariana
Islands (CNMI), and 30 in Hawaii. NMFS would specify the ACLs for the
2013 fishing year, which begins on January 1 and ends on December 31,
except for precious coral fisheries which already began on July 1, 2012
and will end June 30, 2013. NMFS would apply some ACLs to fisheries for
which there are no participants. These include certain crustacean
fisheries (deepwater shrimp and Kona crab) and all precious coral
fisheries outside Hawaii.
Fishermen should not face any adverse economic impacts as a direct
result of the proposed ACLs and AMs. The Council and NMFS are not
considering in-season closures in any of the fisheries to which these
ACLs apply, due to the current inability of fishery management entities
to conduct in-season tracking of catch in relation to the ACLs. As a
result, fishermen would be able to fish throughout the entire season.
In addition, the ACLs, as proposed, would not change the gear types,
areas fished, effort, or participation of the fishery during the 2013
fishing season. A post-season review of the catch data would be
required to determine whether any fishery exceeded its ACL. If an ACL
is exceeded, the Council and NMFS would take action to correct the
operational issue that caused the ACL overage. The environmental and
socio-economic impacts of future actions, such as changes to future
ACLs or AMs, would need to be evaluated separately once the required
data are available.
For Pacific Island bottomfish, other alternatives that were
considered but not selected called for alternative specifications lower
than those that are proposed. However, because in-season tracking of
catch data cannot be achieved in these fisheries, in-season AMs (such
as a fishery closure) are not possible, and fishermen would be able to
fish throughout the entire season under all alternatives considered.
Therefore, the direct economic impacts to small entities during the
2013 fishing season would not likely differ among the alternatives.
As described earlier, the proposed action of specifying ACLs and
AMs is expected to have little, if any, direct adverse economic impact.
For active fisheries, the ACLs are generally in line with or greater
than the current annual yields and there should be no disproportionate
economic impacts between large and small entities. Furthermore, there
is likely to be no disproportionate economic impacts among the universe
of vessels based on gear, home port, or vessel length. Because the
proposed action would have little to no direct economic impact,
[[Page 6802]]
NMFS has determined that this proposed rule will not have a significant
economic impact on a substantial number of small entities, pursuant to
the Regulatory Flexibility Act, 5 U.S.C. 605(b).
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
This action is exempt from review under the procedures of E.O.
12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-02010 Filed 1-30-13; 8:45 am]
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