[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27716-27717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12817]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 180202114-8513-02]
RIN 0648-BH60
Pacific Island Fisheries; 5-Year Extension of Moratorium on
Harvest of Gold Corals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule extends the region-wide moratorium on the
harvest of gold corals in the U.S. Pacific Islands through June 30,
2023. NMFS intends this final rule to prevent overfishing and to
stimulate research on gold corals.
DATES: This rule is effective July 16, 2018.
ADDRESSES: Background information on Pacific Island precious coral
fisheries is found in the fishery ecosystem plans 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.
FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIR Sustainable
Fisheries, (808)725-5182.
SUPPLEMENTARY INFORMATION: Precious corals (also called deep-sea
corals) include black, pink, red, bamboo, and gold corals, and are
harvested for use in high quality jewelry. NMFS and the Council manage
the fishery for precious corals in the U.S. Pacific Islands under
fishery ecosystem plans (FEP) for American Samoa, Hawaii, the Mariana
Archipelago (Guam and the Northern Mariana Islands), and the Pacific
Remote Islands Area. The U.S. fishery for gold corals in the Pacific
Islands has been dormant since 2001.
In 2008, the Council recommended, and NMFS implemented, a five-year
moratorium on the harvest of gold corals in the Pacific Islands Region
(73 FR 47098, August 13, 2008). The measure was a precautionary
response to research that suggested that gold coral growth rates and
recruitment were much lower than previously known.
The Council considered additional research in 2012 that included
refined gold coral growth rates and the identification of previously
unknown habitat requirements. Based on that information, in 2013 the
Council recommended that NMFS extend the moratorium for five years,
which the agency did in May 2013 (78 FR 32181, May 29, 2013).
The current moratorium is scheduled to expire on June 30, 2018, but
the Council continues to be concerned about uncertainties related to
slow gold coral growth rates, taxonomy, and complex habitat
requirements. Extending the moratorium another five years will provide
additional time for further research and for the Council to develop
sustainable management measures for gold corals. Based on the Council's
concerns, NMFS is extending the moratorium on harvesting gold corals
for five years, through June 30, 2023.
Additional background information on this action is in the preamble
to the proposed rule (83 FR 18260, April 26, 2018).
Comments and Responses
On April 26, 2018, NMFS published a proposed rule and request for
public comments (83 FR 18260). The comment period ended May 11, 2018.
NMFS received input from four commenters, all generally in support of
the rule. We respond below to specific comments.
Comment 1: Additional research on gold coral growth rates would
help develop sustainable catch levels in the future.
Response: NMFS agrees research is needed on the biology of gold
corals to quantify the impacts of possible future harvesting on these
coral species. Extending the moratorium may stimulate this needed
research.
Comment 2: NMFS should reduce harvest effort gradually until the
long-term optimal level is achieved and gold corals are allowed to
recover.
Response: Prior to the implementation of the first moratorium in
2008, the gold coral fishery was regulated by an annual harvest quota
of 240 kg. This quota was divided between two coral beds located in the
main Hawaiian Islands (20 kg each), and two coral beds located in the
Northwestern Hawaiian Islands (33.5 and 66.5 kg). The Council
considered a range of new management alternatives
[[Page 27717]]
in 2008, including a moratorium and 50 percent reduction in quota at
each coral bed. NMFS analyzed the effect of a 50 percent reduction in
quota and found that the potential risk of overfishing gold corals
would be reduced, but not eliminated. If gold coral growth rates are as
low as indicated, reducing the current quota by 50 percent may result
in unsustainable harvest. Furthermore, given the high operating costs
and associated safety risks, harvest at low levels may not be
economically viable.
Comment 3: NMFS should conduct an economic analysis on the effects
of the moratorium.
Response: NMFS assessed the costs and benefits of the proposed
action and other alternatives pursuant to Executive Order 12866. Gold
coral harvesting has occurred infrequently during the past 50 years,
with only 2 entities ever harvesting gold corals commercially in the
region. The fishery was dormant for the seven years prior to the
implementation of the moratorium in 2008. If the moratorium expires,
consumers and fishermen might gain in the short term in being able to
trade in gold corals. However, if such harvests are unsustainable,
consumers and fishermen may face negative impacts from potential
fishery closures in the long term.
Comment 4: NMFS should extend the moratorium for ten years.
Response: The five-year moratorium provides time for researchers to
conduct gold coral research and share their results with managers. This
time period provides the impetus for the research to be conducted so
that the fishery can be re-opened as soon as possible, if the research
indicates that the fishery could be sustainable. After five years, the
Council would review the best available scientific information and
recommend appropriate management actions.
Comment 5: Why do gold corals need conservation relative to other
precious corals?
Response: While all precious corals grow slowly and have low rates
of mortality and recruitment, gold corals grow more slowly and live
longer than other precious corals in the region. For example, whereas
pink and black coral colonies may be less than 100 years old, gold
coral colonies may be several hundred to several thousand years old.
Slower growth rates and longer lives make gold corals more vulnerable
to overfishing than other precious corals. Thus, gold corals require
different conservation and management measures than other precious
corals.
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 and management of the
gold coral fishery and that it is consistent with the Magnuson-Stevens
Fishery Conservation and Management Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
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. As a result, a regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, American Samoa, Deep sea
coral, Fisheries, Fishing, Guam, Hawaii, Northern Mariana Islands,
Pacific Remote Island Areas, Precious coral.
Dated: June 11, 2018.
Donna S. Wieting,
Acting 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 part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Revise Sec. 665.169 to read as follows:
Sec. 665.169 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.
0
3. In Sec. 665.269, revise note 2 to the table in paragraph (d) to
read as follows:
Sec. 665.269 Quotas.
* * * * *
(d) * * *
Notes:
* * * * *
2. A moratorium on gold coral harvesting is in effect through June
30, 2023.
0
4. Revise Sec. 665.270 to read as follows:
Sec. 665.270 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.
0
5. Revise Sec. 665.469 to read as follows:
Sec. 665.469 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.
0
6. Revise Sec. 665.669 to read as follows:
Sec. 665.669 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.
[FR Doc. 2018-12817 Filed 6-13-18; 8:45 am]
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