80 FR 15693 - Pacific Island Fisheries; Pacific Remote Islands Marine National Monument Expansion
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 57 (March 25, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15693-15695 | |
| FR Document | 2015-06402 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Rules and Regulations] [Pages 15693-15695] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06402] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 141110950-5227-02] RIN 0648-BE63 Pacific Island Fisheries; Pacific Remote Islands Marine National Monument Expansion AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this final rule, NMFS establishes requirements for fishing in the Pacific Remote Islands Marine National Monument Expansion. This final rule implements fishery management measures required by Presidential Proclamation 9173. DATES: This final rule is effective on April 24, 2015. ADDRESSES: You may review Presidential Proclamation 9173 establishing the Pacific Remote Islands Marine National Monument (PRI Monument Expansion), Presidential Proclamation 8336 (establishing the PRI Monument), and the PRI Monument fishing requirements established in Amendment 2 to the Fishery Ecosystem Plan for the Pacific Remote Island Areas published in 2013, at www.regulations.gov. Amendment 2 is also 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 from www.wpcouncil.org. FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR Sustainable Fisheries, tel 808-725-5170. SUPPLEMENTARY INFORMATION: NMFS and the Council manage Pacific Island fisheries through fishery ecosystem plans (FEP) for American Samoa, [[Page 15694]] Hawaii, the Mariana Archipelago (Guam and the Commonwealth of the Northern Mariana Islands), the Pacific Remote Island Areas (PRIA), and pelagic fisheries. Fishing regulations for the Pacific Islands are found mainly in 50 CFR part 665. In 2009, President Bush issued Presidential Proclamations that established three Marine National Monuments in the Pacific Islands, including the PRI Monument (Proclamation 8336). The 2009 Proclamations directed the Secretaries of the Interior and Commerce to regulate fisheries, including allowing for traditional indigenous fishing practices, and to ensure proper care and management of the monuments. In 2013, the Council incorporated the Proclamations' fishery management provisions into its FEPs. Based on the Proclamations and Council recommendations, NMFS implemented a final rule (78 FR 32996, June 3, 2013) that, among other things, codified the PRI Monument's boundaries and prohibited commercial fishing throughout the PRI Monument. It further established management measures for non-commercial and recreational fishing. In September 2014, President Obama issued Presidential Proclamation 9173, the ``Pacific Remote Islands Marine National Monument Expansion'' (PRI Monument Expansion). The PRI Monument Expansion includes the waters and submerged lands of Jarvis and Wake Islands and Johnston Atoll that lie from the PRI Monument boundary established in Proclamation 8336 to the seaward limit of the U.S. Exclusive Economic Zone (U.S. EEZ, as established in Proclamation 5030 of March 10, 1983). The intent of the PRI Monument Expansion was to provide expanded protection to objects of scientific interest, including seamounts, deep sea corals, sea turtles, seabirds, and other species. The action called for the prohibition on commercial fishing in the PRI Monument Expansion and directed the Secretaries of the Interior and Commerce to ensure that recreational and non-commercial fishing continue to be managed as sustainable activities in the PRI Monument and Monument Expansion. Consistent with Proclamation 9173, existing requirements in the PRI Monument, and Council recommendations from its 161st meeting held in Honolulu from October 20-23, 2014, this final rule prohibits commercial fishing, and allows for managed non-commercial fishing, in the PRI Monument Expansion. The requirements for fishing in the Monument Expansion now include, among other things, the following:Prohibition of commercial fishing; Permit and reporting requirements for non-commercial and recreational fishing; Prohibition of the conduct of commercial fishing outside the PRI Monument and Monument Expansion and non-commercial fishing within the PRI Monument and Monument Expansion during the same trip; and Federal permit and reporting requirements at Sec. Sec. 665.13 and 665.14, and the vessel identification requirements at Sec. 665.16. Additional background information on this final rule is found in the preamble to the proposed rule published on January 14, 2015 (80 FR 1881), and is not repeated here. Comments and Responses On January 14, 2015, NMFS published a proposed rule and request for public comments (80 FR 1881); the comment period ended February 13, 2015. NMFS received one comment from the Tri Marine Group, which represents six U.S. flag tuna purse seine vessels, and responds as follows: Comment: The proposed expansion of the Monument would be harmful to the economic future of the U.S. purse seine fleet and to American Samoa because it unnecessarily restricts access to fishing areas that are already heavily restricted, and would further concentrate tuna fishing pressure into a smaller geographic area. Therefore, NMFS should include a regulatory permit exception in the final rule that would allow U.S. fishery endorsed and documented purse seine vessels to fish in the expanded Monument area between the existing Monument boundaries and the outer limit of the U.S. EEZ at Jarvis and Wake Islands and at Johnston Atoll. Response: NMFS acknowledges that the Monument Expansion will have impacts on the U.S. purse seine fishery. Purse seine fishing effort in the PRIAs over the past several decades has ranged from less than one percent to about a fifth of the total U.S. purse seine fishing effort in the Pacific. The purse seine catch from the PRIAs has ranged from none to a quarter of the total U.S. Pacific purse seine catch. The average catch from all the PRIAs combined have averaged about five percent of the total U.S. Pacific purse seine catch. The EEZ around Howland and Baker--not affected by this final rule--has received the most effort (about eight fishing days per vessel per year), followed by Jarvis (two days) and Kingman and Palmyra (0.3 days). No purse seine fishing has occurred at Wake Island. Despite these impacts, Presidential Proclamation 8336 clearly states that the Secretaries of Commerce and the Interior shall not allow or permit any appropriation, injury, destruction, or removal of any feature of this monument, except as provided for by the Proclamation. Specifically, the Proclamation calls for the prohibition of commercial fishing within boundaries of the monument (January 12, 2009, 74 FR 1565). Proclamation 9173 expands the boundaries of the Pacific Remote Islands Marine National Monument to the seaward limit of the U.S. EEZ at Jarvis and Wake Islands and Johnston Atoll, and directs the Secretaries of the Commerce and the Interior to continue to manage the expanded monument as directed in Proclamation 8336. Proclamation 9173 directs the Secretary of Commerce to extend the ban on commercial fishing to the seaward limit of the U.S. EEZ at Jarvis and Wake Islands and Johnston Atoll. NMFS, under authority of the Magnuson-Stevens Act, may not take action inconsistent with other applicable laws; here, the Proclamations are clear regarding the prohibition on commercial fishing within the PRI Monument and Monument Expansion. NMFS, therefore, does not have authority under the Magnuson-Stevens Act to provide a permit exception to this prohibition. Changes to the Proposed Rule There are no changes in this final rule from the proposed rule. Classification The Regional Administrator, Pacific Islands Region, NMFS, has determined that this final rule is necessary for the conservation and management of the fisheries in the PRI Monument, and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866. Certification Under the Regulatory Flexibility Act The Chief Council for Regulation of the Department of Commerce certified to the Chief Council 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. NMFS published the factual basis for the certification in the [[Page 15695]] proposed rule and does not repeat it here. NMFS received no comments regarding this certification. 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, Commercial fishing, Fisheries, Monuments and memorials, Pacific Remote Islands. Dated: March 13, 2015. 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. Revise Sec. 665.930 to read as follows: Sec. 665.930 Scope and purpose. The regulations in this subpart codify certain provisions of the Proclamations, and govern the administration of fishing in the Monument. 0 3. In Sec. 665.931, revise paragraphs (a), (c), and (d) to read as follows: Sec. 665.931 Boundaries. * * * * * (a) Wake Island. The Wake Island unit of the Monument includes the waters and submerged and emergent lands around Wake Island to the seaward limit of the U.S. EEZ. * * * * * (c) Jarvis Island. The Jarvis Island unit of the Monument includes the waters and submerged and emergent lands around Jarvis Island to the seaward limit of the U.S. EEZ. (d) Johnston Atoll. The Johnston Atoll unit of the Monument includes the waters and submerged and emergent lands around Johnston Atoll to the seaward limit of the U.S. EEZ. * * * * * 0 4. In Sec. 665.932, revise the definition of ``Monument'', remove the definition of ``Proclamation'', and add the definition of ``Proclamations'' in alphabetical order to read as follows: Sec. 665.932 Definitions. * * * * * Monument means the waters and submerged and emergent lands of the Pacific Remote Islands Marine National Monument and the Pacific Remote Islands Marine National Monument Expansion, as defined in Sec. 665.931. Proclamations means Presidential Proclamation 8336 of January 6, 2009, ``Establishment of the Pacific Remote Islands Marine National Monument,'' and Presidential Proclamation 9173 of September 29, 2014, ``Pacific Remote Islands Marine National Monument Expansion.'' [FR Doc. 2015-06402 Filed 3-24-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15693
3 (May/June); Wave 4 (July/August); fishing year 2015, we needed to separate § 648.146 Black sea bass recreational
Wave 5 (September/October); and Wave the changes into two rulemakings. fishing season.
6 (November/December). In the last Comment: A second commenter Vessels that are not eligible for a
several years, the black sea bass simply stated that black sea bass are moratorium permit under § 648.4(a)(7),
recreational season has opened during delicious. and fishermen subject to the possession
Wave 3. Additional background limit specified in § 648.145(a), may only
Response: NMFS agrees (see
information on the standard recreational possess black sea bass from May 15
FishWatch at http://
management process was provided in through September 18, and October 18
www.fishwatch.gov), but this comment
the proposed rule for this action (79 FR through December 31, unless this time
is not directly relevant to the action.
78022; December 29, 2014), and is not period is adjusted pursuant to the
repeated here. Additional background Changes From the Proposed Rule procedures in § 648.142.
information on recreational fishing data [FR Doc. 2015–06797 Filed 3–24–15; 8:45 am]
can be found on the Marine Recreational There are no changes from the
proposed measures. BILLING CODE 3510–22–P
Information Program’s Web site (http://
www.st.nmfs.noaa.gov/recreational- Classification
fisheries). DEPARTMENT OF COMMERCE
The Administrator, Greater Atlantic
Final Action Region, NMFS, determined that this National Oceanic and Atmospheric
This action revises the start date of framework adjustment is necessary for Administration
the black sea bass recreational fishery by the conservation and management of the
four days to begin on May 15 instead of black sea bass fishery and that it is 50 CFR Part 665
May 19, unless otherwise changed by consistent with the Magnuson-Stevens
subsequent rulemaking. Fishery Conservation and Management [Docket No. 141110950–5227–02]
In recent years, the black sea bass Act and other applicable laws. RIN 0648–BE63
recreational harvest limit has been This final rule has been determined to
achieved or exceeded. Because of this, be not significant for purposes of Pacific Island Fisheries; Pacific
starting the season on May 15 (i.e., Executive Order 12866. Remote Islands Marine National
earlier in Wave 3) requires the Council Monument Expansion
to compensate by shortening the Wave The Chief Counsel for Regulation of
5 season, when fishing effort is the Department of Commerce certified AGENCY: National Marine Fisheries
equivalent to Wave 3, by four days, in to the Chief Counsel for Advocacy of the Service (NMFS), National Oceanic and
addition to other potential management Small Business Administration during Atmospheric Administration (NOAA),
changes, to ensure that the recreational the proposed rule stage that this action Commerce.
harvest limit is not exceeded in 2015. would not have a significant economic
ACTION: Final rule.
The Council made the necesary impact on a substantial number of small
recommendations on other management entities. The factual basis for the SUMMARY: In this final rule, NMFS
measures, including shortening Wave 5 certification was published in the establishes requirements for fishing in
to accommodate the earlier season proposed rule and is not repeated here. the Pacific Remote Islands Marine
opening, at its December 2014 meeting. No comments were received regarding National Monument Expansion. This
The Commission is also preparing state- this certification. As a result, a Final final rule implements fishery
by-state management measures for the Regulatory Flexibility Analysis was not management measures required by
2015 season in order to ensure the required and none was prepared. Presidential Proclamation 9173.
recreational harvest limit is not There are no new reporting or DATES: This final rule is effective on
exceeded. Pending submission and recordkeeping requirements contained April 24, 2015.
review of the Council’s and in any of the alternatives considered for
ADDRESSES: You may review
Commission’s proposed recreational this action.
Presidential Proclamation 9173
management measures, NMFS will List of Subjects in 50 CFR Part 648 establishing the Pacific Remote Islands
implement further changes to the black Marine National Monument (PRI
sea bass recreational management Fisheries, Fishing, Reporting and Monument Expansion), Presidential
measures in a subsequent rulemaking recordkeeping requirements. Proclamation 8336 (establishing the PRI
later this year. Dated: March 18, 2015. Monument), and the PRI Monument
Comments and Responses Samuel D. Rauch III, fishing requirements established in
Deputy Assistant Administrator for Amendment 2 to the Fishery Ecosystem
Two comments were received on the Plan for the Pacific Remote Island Areas
Regulatory Programs, National Marine
proposed rule. Fisheries Service. published in 2013, at
Comment: One commenter stated that
www.regulations.gov. Amendment 2 is
the start date for the black sea bass For the reasons set out in the
also available from the Western Pacific
season should not be changed to make preamble, 50 CFR part 648 is amended
Fishery Management Council (Council),
the season longer. as follows:
Response: As described above, the 1164 Bishop St., Suite 1400, Honolulu,
Wave 5 season will be adjusted in a PART 648—FISHERIES OF THE HI 96813, tel 808–522–8220, fax 808–
522–8226, or from www.wpcouncil.org.
asabaliauskas on DSK5VPTVN1PROD with RULES
future rulemaking action, as NORTHEASTERN UNITED STATES
recommended by the Council and FOR FURTHER INFORMATION CONTACT: Bob
Commission, to offset the extra days ■ 1. The authority citation for part 648 Harman, NMFS PIR Sustainable
added to Wave 3, so the fishing season continues to read as follows: Fisheries, tel 808–725–5170.
as a whole is not getting longer. Because Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: NMFS and
of the timing of the normal recreational the Council manage Pacific Island
management measures rulemaking, in ■ 2. Section 648.146 is revised to read fisheries through fishery ecosystem
order have the change effective for as follows: plans (FEP) for American Samoa,
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![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15695
proposed rule and does not repeat it § 665.932 Definitions. BSAI exclusive economic zone
here. NMFS received no comments * * * * * according to the Fishery Management
regarding this certification. As a result, Monument means the waters and Plan for Groundfish of the Bering Sea
a regulatory flexibility analysis was not submerged and emergent lands of the and Aleutian Islands Management Area
required and none was prepared. Pacific Remote Islands Marine National (FMP) prepared by the North Pacific
List of Subjects in 50 CFR Part 665 Monument and the Pacific Remote Fishery Management Council (Council)
Islands Marine National Monument under authority of the Magnuson-
Administrative practice and Expansion, as defined in § 665.931. Stevens Fishery Conservation and
procedure, Commercial fishing, Proclamations means Presidential
Fisheries, Monuments and memorials, Management Act. Regulations governing
Proclamation 8336 of January 6, 2009, fishing by U.S. vessels in accordance
Pacific Remote Islands. ‘‘Establishment of the Pacific Remote with the FMP appear at subpart H of 50
Dated: March 13, 2015. Islands Marine National Monument,’’
CFR part 600 and 50 CFR part 679.
Samuel D. Rauch III, and Presidential Proclamation 9173 of
Deputy Assistant Administrator for September 29, 2014, ‘‘Pacific Remote In the Aleutian Islands subarea, the
Regulatory Programs, National Marine Islands Marine National Monument portion of the 2015 pollock total
Fisheries Service. Expansion.’’ allowable catch (TAC) allocated to the
For the reasons set out in the Aleut Corporation directed fishing
[FR Doc. 2015–06402 Filed 3–24–15; 8:45 am]
preamble, NMFS amends 50 CFR part allowance (DFA) is 14,700 metric tons
BILLING CODE 3510–22–P
665 as follows: (mt) as established by the final 2015 and
2016 harvest specifications for
PART 665—FISHERIES IN THE groundfish in the BSAI (80 FR 11919,
WESTERN PACIFIC DEPARTMENT OF COMMERCE
March 5, 2015).
■ 1. The authority citation for 50 CFR National Oceanic and Atmospheric As of March 17, 2015, the
part 665 continues to read as follows: Administration Administrator, Alaska Region, NMFS,
Authority: 16 U.S.C. 1801 et seq. (Regional Administrator) has
50 CFR Part 679 determined that 2,554 mt of the A
■ 2. Revise § 665.930 to read as follows:
[Docket No. 141021887–5172–02] season allowance of the Aleut
§ 665.930 Scope and purpose. Corporation pollock DFA in the
RIN 0648–XD846
The regulations in this subpart codify Aleutian Islands subarea will not be
certain provisions of the Proclamations, Fisheries of the Exclusive Economic harvested. Therefore, in accordance
and govern the administration of fishing Zone Off Alaska; Reallocation of with § 679.20(a)(5)(iii)(B)(4), NMFS
in the Monument. Pollock in the Bering Sea and Aleutian reallocates 2,554 mt of A season pollock
■ 3. In § 665.931, revise paragraphs (a), Islands DFA from the Aleutian Islands subarea
(c), and (d) to read as follows: to the 2015 Bering Sea subarea DFAs.
AGENCY: National Marine Fisheries
§ 665.931 Boundaries. The 2,554 mt of the A season Aleut
Service (NMFS), National Oceanic and
Corporation pollock DFA is added to the
* * * * * Atmospheric Administration (NOAA),
(a) Wake Island. The Wake Island unit Commerce. 2015 Bering Sea non-CDQ DFA. As a
of the Monument includes the waters result, the 2015 harvest specifications
ACTION: Temporary rule.
and submerged and emergent lands for pollock in the Aleutian Islands
around Wake Island to the seaward limit SUMMARY: NMFS is reallocating the subarea included in the final 2015 and
of the U.S. EEZ. projected unused amounts of the Aleut 2016 harvest specifications for
* * * * * Corporation pollock directed fishing groundfish in the BSAI (80 FR 11919,
(c) Jarvis Island. The Jarvis Island unit allowance from the Aleutian Islands March 5, 2015, and 80 FR 12781, March
of the Monument includes the waters subarea to the Bering Sea subarea. This 11, 2015) are revised as follows: 12,146
and submerged and emergent lands action is necessary to provide mt to the annual Aleut Corporation
around Jarvis Island to the seaward limit opportunity for harvest of the 2015 total pollock DFA and 7,350 mt to the A
of the U.S. EEZ. allowable catch of pollock, consistent season Aleut Corporation pollock DFA.
(d) Johnston Atoll. The Johnston Atoll with the goals and objectives of the Furthermore, pursuant to § 679.20(a)(5),
unit of the Monument includes the Fishery Management Plan for Table 4 of the final 2015 and 2016
waters and submerged and emergent Groundfish of the Bering Sea and harvest specifications for groundfish in
lands around Johnston Atoll to the Aleutian Islands Management Area. the Bering Sea and Aleutian Islands (80
seaward limit of the U.S. EEZ. DATES: Effective 1200 hrs, Alaska local FR 11919, March 5, 2015, and 80 FR
* * * * * time (A.l.t.), March 25, 2015, through 12781, March 11, 2015), is revised to
■ 4. In § 665.932, revise the definition of 2400 hrs, A.l.t., December 31, 2015. make 2015 pollock allocations
‘‘Monument’’, remove the definition of FOR FURTHER INFORMATION CONTACT: consistent with this reallocation. This
‘‘Proclamation’’, and add the definition Steve Whitney, 907–586–7228. reallocation results in adjustments to
of ‘‘Proclamations’’ in alphabetical order SUPPLEMENTARY INFORMATION: NMFS the 2015 pollock allocations established
to read as follows: manages the groundfish fishery in the at § 679.20(a)(5).
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Document Created: 2018-02-21 09:49:09
Document Modified: 2018-02-21 09:49:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on April 24, 2015. | |
| Contact | Bob Harman, NMFS PIR Sustainable Fisheries, tel 808-725-5170. | |
| FR Citation | 80 FR 15693 | |
| RIN Number | 0648-BE63 | |
| CFR Associated | Administrative Practice and Procedure; Commercial Fishing; Fisheries; Monuments and Memorials and Pacific Remote Islands |
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