[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Proposed Rules]
[Pages 77089-77093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30312]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 131028907-3999-01]
RIN 0648-XC954
Pacific Island Fisheries; 2014 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 2014 Pacific Island
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 January 6, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0156, 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-2013-0156, 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. NMFS provided
additional background information in the 2013 proposed and final
specifications (78 FR 6798, January 31, 2013, 78 FR 15885, March 13,
2013, 78 FR 40875 (August 7, 2013). Copies of these documents are
available at 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 archipelagic fishery ecosystem plans (FEP) for American
Samoa, Hawaii, the Pacific Remote Islands, and the Mariana Archipelago
(covering Guam and the Commonwealth of the Northern Mariana Islands
(CNMI)). A fifth FEP covers pelagic fisheries. The Western Pacific
Fishery Management Council (Council) developed the FEPs, and NMFS
implemented them 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 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.
Annual Catch Limits
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 157th meeting held on June 25-
28, 2013. The Council recommended 101 ACLs: 22 in American Samoa, 27 in
Guam, 22 in the CNMI, and 30 in Hawaii. This rule proposes the ACLs for
the 2014 fishing year (January 1 through December 31, 2014, except for
precious coral fisheries, which is July 1, 2013, through June 30,
2014). The proposed ACLs are identical to those that NMFS specified for
these fisheries in 2013.
NMFS is not proposing ACLs for MUS that are currently subject to
Federal fishing moratoria or prohibitions. These MUS include all
species of gold coral (78 FR 32181, May 29, 2013), the three Hawaii
seamount groundfish, that is, pelagic armorhead, alfonsin, and raftfish
(75 FR 69015, November 10, 2010), and deep water precious corals at the
Westpac Bed Refugia (75 FR 2198, January 14, 2010). The current
prohibitions on fishing for these MUS serve as the functional
equivalent of an ACL of zero.
Additionally, NMFS is not proposing ACLs for bottomfish,
crustacean, precious coral, or coral reef ecosystem MUS identified in
the Pacific Remote Islands Area (PRIA) FEP. On June 3, 2013, NMFS
published a final rule implementing fishing requirements for the
Pacific Remote Islands Marine National Monument (Monument), which
include a prohibition on all fishing in the EEZ within 12 nm of
emergent land, unless authorized by the U.S. Fish and Wildlife Service
(78 FR 32996, June 3, 2013). NMFS is not proposing ACLs for PRIA FEP
bottomfish, crustacean, precious coral, or coral reef ecosystem
fisheries because there is no suitable habitat for these fisheries
beyond the 12-nm no-fishing zone, except at Kingman Reef, where fishing
for these resources does not occur. Therefore, the current prohibitions
on fishing serve as the functional equivalent of an ACL of zero.
However, NMFS will continue to monitor authorized fishing within the
Monument in consultation with the U.S. Fish and Wildlife Service, and
may develop additional fishing requirements, including Monument-
specific catch limits for species that may require them.
NMFS is also not proposing ACLs for pelagic MUS at this time,
because NMFS previously determined that
[[Page 77090]]
pelagic species are subject to international fishery agreements or have
a life cycle of approximately one year and, therefore, are statutorily
excepted from the ACL requirements.
Proposed Annual Catch Limit Specifications
Table 1--American Samoa
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Proposed ACL
Fishery Management unit species specification (lb)
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Bottomfish....................................... Bottomfish multi-species stock 101,000
complex.
Crustacean....................................... Deepwater Shrimp.................... 80,000
Spiny Lobster....................... 2,300
Slipper Lobster..................... 30
Kona Crab........................... 3,200
Precious Coral................................... Black Coral......................... 790
Precious Corals in the American 2,205
Samoa Exploratory Area.
Coral Reef Ecosystem............................. Acanthuridae--surgeonfish........... 19,516
Lutjanidae--snappers................ 18,839
Selar crumenophthalmus--atule or 8,396
bigeye scad.
Mollusks--turbo snail; octopus; 16,694
giant clams.
Carangidae--jacks................... 9,490
Lethrinidae--emperors............... 7,350
Scaridae--parrotfish................ 8,145
Serranidae--groupers................ 5,600
Holocentridae--squirrelfish......... 2,585
Mugilidae--mullets.................. 2,857
Crustaceans--crabs.................. 2,248
Bolbometopon muricatum--bumphead 235
parrotfish.
Cheilinus undulatus--Humphead 1,743
(Napoleon) wrasse.
Carcharhinidae--Reef Sharks......... 1,309
All Other CREMUS combined........... 18,910
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Table 2--Mariana Archipelago--Guam
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Proposed ACL
Fishery Management unit species specification (lb)
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Bottomfish....................................... Bottomfish multi-species stock 66,800
complex.
Crustaceans...................................... Deepwater Shrimp.................... 48,488
Spiny Lobster....................... 2,700
Slipper Lobster..................... 20
Kona Crab........................... 1,900
Precious Coral................................... Black Coral......................... 700
Precious Corals in the Guam 2,205
Exploratory Area.
Cora Reef Ecosystem.............................. Acanthuridae--surgeonfish........... 70,702
Carangidae--jacks................... 45,377l
Selar crumenophthalmus--atulai or 56,514
bigeye scad.
Lethrinidae--emperors............... 38,720
Scaridae--parrotfish................ 28,649
Mullidae--goatfish.................. 25,367
Mollusks--turbo snail; octopus; 21,941
giant clams.
Siganidae--rabbitfish............... 26,120
Lutjanidae--snappers................ 17,726
Serranidae--groupers................ 17,958
Mugilidae--mullets.................. 15,032
Kyphosidae--chubs/rudderfish........ 13,247
Crustaceans--crabs.................. 5,523
Holocentridae--squirrelfish......... 8,300
Algae............................... 5,329
Labridae--wrasses................... 5,195
Bolbometopon muricatum--bumphead * 797
parrotfish.
Cheilinus undulatus--Humphead 1,960
(Napoleon) wrasse.
Carcharhinidae--Reef Sharks......... 6,942
All Other CREMUS combined........... 83,214)
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* (CNMI and Guam combined).
Table 3--Mariana Archipelago--CNMI
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Proposed ACL
Fishery Management unit species specification (lb)
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Bottomfish....................................... Bottomfish multi-species stock 228,000
complex.
Crustacean....................................... Deepwater Shrimp.................... 275,570
[[Page 77091]]
Spiny Lobster....................... 5,500
Slipper Lobster..................... 60
Kona Crab........................... 6,300
Precious Coral................................... Black Coral......................... 2,100
Precious Corals in the CNMI 2,205
Exploratory Area.
Coral Reef Ecosystem............................. Lethrinidae--emperors............... 27,466
Carangidae--jacks................... 21,512
Acanthuridae--surgeonfish........... 6,884
Selar crumenophthalmus--atulai or 7,459
bigeye scad.
Serranidae--groupers................ 5,519
Lutjanidae--snappers................ 3,905
Mullidae--goatfish.................. 3,670
Scaridae--parrotfish................ 3,784
Mollusks--turbo snail; octopus; 4,446
giant clams.
Mugilidae--mullets.................. 3,308
Siganidae--rabbitfish............... 2,537
Bolbometopon muricatum--bumphead *797
parrotfish.
Cheilinus undulatus--Humphead 2,009
(Napoleon) wrasse.
Carcharhinidae--Reef Sharks......... 5,600
All Other CREMUS combined........... 9,820
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* (CNMI and Guam combined).
Table 4--Hawaii
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Proposed ACL
Fishery Management unit species specification (lb)
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Bottomfish....................................... Non-Deep 7 Bottomfish............... 140,000
Crustacean....................................... Deepwater Shrimp.................... 250,773
Spiny Lobster....................... 10,000
Slipper Lobster..................... 280
Kona Crab........................... 27,600
Precious Coral................................... Auau Channel Black Coral............ 5,512
Makapuu Bed--Pink Coral............. 2,205
Makapuu Bed--Bamboo Coral........... 551
180 Fathom Bank--Pink Coral......... 489
180 Fathom Bank--Bamboo Coral....... 123
Brooks Bank--Pink Coral............. 979
Brooks Bank--Bamboo Coral........... 245
Kaena Point Bed--Pink Coral......... 148
Kaena Point Bed--Bamboo Coral....... 37
Keahole Bed--Pink Coral............. 148
Keahole Bed--Bamboo Coral........... 37
Precious Corals in the Hawaii 2,205
Exploratory Area.
Coral Reef Ecosystem............................. Selar crumenophthalmus--akule or 651,292
bigeye scad.
Decapterus macarellus--opelu or 393,563
mackerel scad.
Carangidae--jacks................... 193,423
Mullidae--goatfish.................. 125,813
Acanthuridae--surgeonfish........... 80,545
Lutjanidae--snappers................ 65,102
Holocentridae--squirrelfish......... 44,122
Mugilidae--mullets.................. 41,112
Mollusks--turbo snails; octopus..... 28,765
Scaridae--parrotfish................ 33,326
Crustaceans--crabs.................. 20,686
Carcharhinidae--Reef Sharks......... 111,566
All Other CREMUS combined........... 142,282
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Accountability Measures
Each 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 available information indicates that a fishery is projected to
reach an ACL for a stock or stock complex, 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, closing the
fishery, closing specific areas, changing to bag limits, or restricting
effort. However, local resource management agencies do not have the
personnel or resources to process catch data in near-real time, so
fisheries statistics are generally not available to NMFS until at least
six months after agencies collect
[[Page 77092]]
and analyze the data. Although the State of Hawaii has the capability
to monitor and track the catch of seven preferentially-targeted
bottomfish species in near-real time, (78 FR 59626, September 27,
2013), these capabilities do not exist for other Hawaii bottomfish,
crustacean, precious coral, and coral reef ecosystem fisheries, or for
fisheries in American Samoa, Guam, and the CNMI. Additionally, Federal
logbook and reporting from fisheries in Federal waters is not
sufficient to accurately monitor and track catches towards the proposed
ACL specifications. This is because most fishing for bottomfish,
crustacean, precious coral, and coral reef ecosystem MUS occurs in
state waters, generally 0-3 nm from shore. For these reasons, NMFS
proposes to specify 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 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 appropriate measures.
NMFS will consider public comments on the proposed ACLs and AMs and
will announce the final specifications in the Federal Register. NMFS
must receive any comments by January 6, 2014, 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 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 proposed action, why it is being
considered, and the legal basis for it are contained in the preamble to
this proposed specification.
NMFS based the proposed specifications on recommendations from the
Council at its 157th meeting held on June 25-28, 2013. The Council
recommended 101 ACLs: 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 2014 fishing year, which begins on
January 1 and ends on December 31, except for precious coral fisheries,
which are July 1, 2013, through June 30, 2014. NMFS would specify ACLs
for fisheries in which there are no participants. These include certain
crustacean fisheries (deepwater shrimp and Kona crab) and all precious
coral fisheries outside Hawaii.
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for Finfish Fishing from $4.0 to 19.0 million,
Shellfish Fishing from $4.0 to 5.0 million, and Other Marine Fishing
from $4.0 to 7.0 million. Based on available information, NMFS has
determined that all vessels federally permitted under the FEPs for
American Samoa, the Marianas Archipelago (Guam and CNMI) and Hawaii are
small entities under the SBA definition of a small entity, i.e., they
are engaged in the business of fish harvesting, are independently owned
or operated, are not dominant in their field of operation, and have
annual gross receipts not in excess of $19 million. Therefore, there
would be no disproportionate economic impacts between large and small
entities. Furthermore, there would be no disproportionate economic
impacts among the universe of vessels based on gear, home port, or
vessel length.
Pursuant to the Regulatory Flexibility Act, NMFS has reviewed the
analyses prepared for this action in light of the new size standards.
Under the former, lower size standards, all vessels subject to this
action were considered small entities, and they all would continue to
be considered small under the new standards. NMFS does not think that
the new size standards affect analyses prepared for this action and
solicits public comments on the analyses in light of the new size
standards.
Even though this proposed action would apply to a substantial
number of vessels, the implementation of this action should not result
in significant adverse economic impact to individual vessels. For
active fisheries, the ACLs are generally in line with or greater than
the current annual yields. The Council and NMFS are not considering in-
season closures in any of the fisheries to which these ACLs apply,
because fishery management agencies are not able to track catch
relative to the ACLs during the fishing year. As a result, fishermen
would be able to fish throughout the entire year. In addition, the
ACLs, as proposed, would not change the gear types, areas fished,
effort, or participation of the fishery during 2014 fishing year. 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. NMFS and the Council would evaluate the
environmental and socio-economic impacts of future actions, such as
changes to future ACLs or AMs, after the required data are available.
At its 157th meeting in June 2013, the Council determined that ACLs
were exceeded for the Hawaii non-Deep 7 bottomfish stock complex, and
for 11 coral reef ecosystem species groups--two in Guam, four in CNMI,
and five in Hawaii. However, the Council determined that the overages
of the ACLs in Hawaii were the result of improved catch reporting
compliance, while in Guam and CNMI, exceeding the ACLs was the result
of over-estimates of catch. Given these data collection methodologies,
and given the conservative method used to specify the ACLs, the Council
concluded that the overages were not likely to have had an impact on
stock sustainability or result in overfishing. The Council, therefore,
decided that reducing the 2014 ACLs was not warranted. For these
reasons, the Council recommended that NMFS specify the same ACLs and
AMs in 2014 as it did in 2013.
The proposed rule does not duplicate, overlap, or conflict with
other Federal rules and is not expected to have significant impact on
small entities (as discussed above), organizations, or government
jurisdictions. The proposed rule also will not place a substantial
number of small entities, or any segment of small entities, at a
significant competitive disadvantage to large entities. As such, an
initial regulatory flexibility analysis is not required and none has
been prepared. 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.
[[Page 77093]]
Dated: December 17, 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. 2013-30312 Filed 12-19-13; 8:45 am]
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