[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Proposed Rules]
[Pages 60366-60368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27322]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 170915903-7999-01]
RIN 0648-XF706
Pacific Island Fisheries; 2017 Hawaii Kona Crab Annual Catch
Limit and Accountability Measure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed specification; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes a 2017 annual catch limit (ACL) of 3,500 lb for
Hawaii Kona Crab, and an accountability measure (AM) to correct or
mitigate any overages of catch limits. The proposed ACL and AM support
the long-term sustainability of fishery resources of the U.S. Pacific
Islands.
DATES: NMFS must receive comments by January 4, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0120, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0120, 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), 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 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 prepared an environmental analysis that describes the
potential impacts on the human environment that would result from the
proposed ACL and AM. Copies of the environmental analyses and other
supporting documents are available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable
Fisheries, 808-725-5173.
SUPPLEMENTARY INFORMATION: The Kona crab fishery in the U.S. Exclusive
Economic Zone (generally 3-200 nm from shore) around Hawaii is managed
under Fishery Ecosystem Plan for the Hawaiian Archipelago (FEP). The
Western Pacific Fishery Management Council (Council) developed the FEP,
and NMFS implemented the plan under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
The FEP contains a process for the Council and NMFS to specify ACLs
and AMs; that process is codified at Title 50, Code of Federal
Regulations, Section 665.4 (50 CFR 665.4). The regulations require NMFS
to specify, every fishing year, an ACL 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.
The Council recommended that NMFS specify an ACL of 3,500 lb of
Hawaii Kona crab for fishing year 2017, which began on January 1 and
ends on December 31. The Council based its ACL recommendation on a
[[Page 60367]]
recommendation of acceptable biological catch of 3,500 lb from its
Scientific and Statistical Committee (SSC), and the results of an
October 2015 stock assessment that included commercial catch data from
1970 through 2006. The stock assessment found that the Hawaii Kona crab
stock had reached an overfished status (<50 percent of BMSY,
biomass at maximum sustainable yield) in 2006, and was likely still
overfished in 2010. The assessment also included biomass projections
for 2010-2030 under three commercial landings scenarios: Zero lb, 7,000
lb, and 8,000 lb.
Hawaii State law prohibits retention of female crabs, but the
assessment results included both males and females combined. The
assessment acknowledged that the 2010-2030 stock status projections did
not account for the effects of the State prohibition after September
2006 and, as a result, the projections are associated with a high
degree of uncertainty. At a constant zero-lb annual harvest rate, the
assessment predicted that the Kona crab stock would recover from
overfished levels after 2015. At a constant 7,000-lb annual commercial
harvest rate, the assessment estimated that Kona crab biomass would
increase above 50 percent of BMSY by 2030 but explained
that, due to uncertainty, there was a chance that stock biomass could
potentially decline to zero lb by 2020. At a constant 8,000-lb annual
harvest rate, the assessment predicted that stock biomass could reach
zero lb by 2020.
In 2015, NMFS contracted the Center for Independent (CIE) experts
to review the stock assessment. Both the CIE reviewers and NMFS Pacific
Islands Fisheries Science Center (PIFSC) agreed with the evaluation of
the fishery for 2006, and the conclusion that stock projections beyond
2006 probably do not accurately describe current Hawaii Kona crab stock
size or structure. PIFSC also agreed with the CIE review that further
work is needed to provide advice on the status of the population in
more recent years. Therefore, PIFSC is planning to complete a benchmark
assessment for Hawaii Kona crab in 2019, which could be available for
management use in fishing year 2020.
In developing the proposed ACL recommendation, the Council also
considered information indicating a 50:50 male to female landings
ratio, and information suggesting that crabs disentangled from Kona
crab may have injuries that could result in mortality rates as high as
100 percent if limbs are lost. Therefore, to meet the objective of
rebuilding stock biomass to levels above 50 percent of BMSY,
and limit total fishing mortality to 7,000 lb, the Council recommended
an ACL of 3,500 lb.
As an AM, NMFS proposes to apply a three-year average catch to
evaluate fishery performance against the proposed ACLs. Specifically,
NMFS proposes to use the average catch of fishing years 2015, 2016, and
2017, to evaluate fishery performance against the 2017 ACL. If, after
the end of the fishing year, NMFS and the Council determine that the
three-year average catch exceeded the specified ACL, NMFS and the
Council will reduce the ACL for that fishery by the amount of the
overage in the subsequent year. The Council recommended an AM based on
multi-year average catch data to reduce the influence of inter-annual
variability in catch estimates in evaluating fishery performance
against the ACL.
NMFS will consider public comments on the proposed ACL and AM and
will announce the final specification in the Federal Register. NMFS
must receive any comments by the date provided in the DATES heading,
not postmarked or otherwise transmitted by that date. Regardless of the
final ACL and AM specification, 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 FEP, 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 this proposed specification, 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 proposes to specify a 2017 annual catch limit (ACL) of 3,500
lb for Kona crab in Hawaii, as recommended by the Western Pacific
Fishery Management Council (Council). The 2017 proposed ACL is based on
updated scientific information made available to NMFS. The proposed ACL
is much lower than the ACL implemented each year from 2012 and 2015,
which had been 27,600 lb. NMFS did not implement an ACL for this stock
in 2016.
This rule would affect participants in the commercial and non-
commercial fisheries for Hawaii Kona crab. Kona crab landings averaged
2,658 lb from 2014-2016, with an estimated ex-vessel value of $20,965,
based on a price of $5.99 per lb. The amount of Kona crab landed each
year has generally declined since 2011, when 51 fishermen reported
landing 10,883 lb. During the 2016 fishing year, 24 fishermen reported
landing 2,577 lb. In 2015, 26 fishermen reported landing 2,332 lb. In
2014, 30 fishermen reported landing 3,067 lb.
Based on available information, NMFS has determined that all
vessels in the commercial and non-commercial fisheries for Kona crab
are small entities under the Small Business Administration's definition
of a small entity. That is, they are engaged in the business of fish
harvesting, independently owned or operated, not dominant in their
field of operation, and have annual gross receipts not in excess of $11
million, the small business size standard for commercial fishing (NAICS
Code: 11411). 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.
Even though this proposed action would apply to a substantial
number of vessels, this action should not result in significant adverse
economic impact to individual vessels. NMFS and the Council are not
considering in-season closure in the Kona crab fisheries to which this
ACL 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 the 2017 fishing
year. A post-season review of the catch data would be required to
determine whether the fishery exceeded its ACL by comparing the ACL to
the most recent three-year average catch for which data is available.
If an ACL is exceeded, the Council and NMFS would take action in future
fishing years to correct the operational issue that caused the ACL
overage. NMFS and the Council would evaluate the environmental, social,
and economic impacts of future actions, such as changes to future ACLs
or AMs, after the required data are available. Specifically, if NMFS
and the Council determine that the three-year average catch for a
fishery exceeds the
[[Page 60368]]
specified ACL, NMFS would reduce the ACL for that fishery by the amount
of the overage in the subsequent year.
The proposed action 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 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.
This action is exempt from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 14, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017-27322 Filed 12-19-17; 8:45 am]
BILLING CODE 3510-22-P