80 FR 43046 - Pacific Island Fisheries; 2015 Annual Catch Limits and Accountability Measures
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 139 (July 21, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 139 (July 21, 2015)
| Page Range | 43046-43050 | |
| FR Document | 2015-17778 |
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)] [Proposed Rules] [Pages 43046-43050] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17778] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 141009847-5604-01] RIN 0648-XD558 Pacific Island Fisheries; 2015 Annual Catch Limits and Accountability Measures AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Proposed specifications; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes annual catch limits (ACLs) for Pacific Island bottomfish, crustacean, precious coral, and coral reef ecosystem fisheries, and accountability measures (AMs) to correct or mitigate any overages of catch limits. The proposed ACLs and AMs would be effective in fishing year 2015. The fishing year for each fishery begins on January 1 and ends on December 31, except for precious coral fisheries, which begins July 1 and ends on June 30 the following year. The proposed catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands. DATES: NMFS must receive comments by August 5, 2015. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2014-0130, 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-2014-0130, 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 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 prepared environmental analyses 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 2014 proposed and final specifications (78 FR 77089, December 20, 2013; 79 FR 4276, January 27, 2014). Copies of the environmental analyses and other documents are available at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176. 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 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) 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 160th meeting held on June 24- 27, 2014. The Council recommended 112 ACLs: 26 in American Samoa, 26 in Guam, 26 in the CNMI, and 34 in Hawaii. The Council recommended that NMFS specify multi-year ACL and accountability measures effective in fishing years 2015-2018. NMFS proposes to implement the specifications for fishing year 2015, 2016, 2017, and 2018 separately prior to each fishing year (January 1 through December 31 each year, except for precious coral fisheries, which is July 1 through June 30). The proposed ACLs are identical to those that NMFS specified for the 2014 fishing year for all crustaceans (except for spiny lobster), bottomfish (except Hawaii non-Deep 7 bottomfish), and precious corals. For spiny lobster, Hawaii non-Deep 7 bottomfish, and coral reef ecosystem species, the ACLs are based on new estimates of maximum sustainable yield (MSY) and would be specified at five percent below ABC (95 percent of ABC). At the 161st meeting held October 20-23, 2014, the Council maintained its recommendations from the 160th meeting. 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 (pelagic armorhead, alfonsin, and raftfish, 75 FR 69015, November 10, 2010), and deepwater 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. This is because fishing is prohibited in the EEZ within 12 nm of emergent land, unless authorized by the U.S. Fish and Wildlife Service (USFWS) (78 FR 32996, June 3, 2013). To date, NMFS has not received fishery data for any such approvals. In addition, there is no suitable habitat for these stocks beyond the 12-nm no- [[Page 43047]] 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 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 The following four tables list the proposed ACL specifications for 2015. Table 1--American Samoa ---------------------------------------------------------------------------------------------------------------- Proposed ACL Fishery Management unit species specification (lb) ---------------------------------------------------------------------------------------------------------------- Bottomfish................................... Bottomfish multi-species stock complex........ 101,000 Crustacean................................... Deepwater shrimp.............................. 80,000 Spiny lobster................................. 4,845 Slipper lobster............................... 30 Kona crab..................................... 3,200 Precious Coral............................... Black coral................................... 790 Precious corals in the American Samoa 2,205 Exploratory Area. Coral Reef Ecosystem......................... Selar crumenophthalmus--atule, bigeye scad.... 37,400 Acanthuridae--surgeonfish..................... 129,400 Carangidae--jacks............................. 19,900 Carcharhinidae--reef sharks................... 1,615 Crustaceans--crabs............................ 4,300 Holocentridae--squirrelfish................... 15,100 Labridae--wrasses............................. 16,200 Lethrinidae--emperors......................... 19,600 Lutjanidae--snappers.......................... 63,100 Kyphosidae--rudderfishes...................... 2,000 Mollusks--turbo snail; octopus; giant clams... 18,400 Mugilidae--mullets............................ 4,600 Mullidae--goatfishes.......................... 11,900 Scaridae--parrotfish.......................... 272,000 Serranidae--groupers.......................... 25,300 Siganidae--rabbitfishes....................... 200 Bolbometopon muricatum--bumphead parrotfish... 235 Cheilinus undulatus--Humphead (Napoleon) 1,743 wrasse. All other CREMUS combined..................... 18,400 ---------------------------------------------------------------------------------------------------------------- Table 2--Mariana Archipelago--Guam ---------------------------------------------------------------------------------------------------------------- Proposed ACL Fishery Management unit species specification (lb) ---------------------------------------------------------------------------------------------------------------- Bottomfish................................... Bottomfish multi-species stock complex........ 66,800 Crustaceans.................................. Deepwater shrimp.............................. 48,488 Spiny lobster................................. 3,135 Slipper lobster............................... 20 Kona crab..................................... 1,900 Precious Coral............................... Black coral................................... 700 Precious corals in the Guam Exploratory Area.. 2,205 Coral Reef Ecosystem......................... Selar crumenophthalmus--atulai, bigeye scad... 50,200 Acanthuridae--surgeonfish..................... 97,600 Carangidae--jacks............................. 29,300 Carcharhinidae--reef sharks................... 1,900 Crustaceans--crabs............................ 7,300 Holocentridae--squirrelfish................... 11,400 Kyphosidae--chubs/rudderfish.................. 9,600 Labridae--wrasses............................. 25,200 Lethrinidae--emperors......................... 53,000 Lutjanidae--snappers.......................... 18,000 Mollusks--octopus............................. 23,800 Mugilidae--mullets............................ 17,900 Mullidae--goatfish............................ 15,300 Scaridae--parrotfish.......................... 71,600 Serranidae--groupers.......................... 22,500 Siganidae--rabbitfish......................... 18,600 Bolbometopon muricatum--bumphead parrotfish... 797 (CNMI and Guam combined) [[Page 43048]] Cheilinus undulatus--humphead (Napoleon) 1,960 wrasse. All other CREMUS combined..................... 185,000 ---------------------------------------------------------------------------------------------------------------- Table 3--Mariana Archipelago--CNMI ---------------------------------------------------------------------------------------------------------------- Proposed ACL Fishery Management unit species specification (lb) ---------------------------------------------------------------------------------------------------------------- Bottomfish................................... Bottomfish multi-species stock complex........ 228,000 Crustacean................................... Deepwater shrimp.............................. 275,570 Spiny lobster................................. 7,410 Slipper lobster............................... 60 Kona crab..................................... 6,300 Precious Coral............................... Black coral................................... 2,100 Precious corals in the CNMI Exploratory Area.. 2,205 Coral Reef Ecosystem......................... Selar crumenophthalmus--Atulai, bigeye scad... 77,400 Acanthuridae--surgeonfish..................... 302,600 Carangidae--jacks............................. 44,900 Carcharhinidae--reef sharks................... 5,600 Crustaceans--crabs............................ 4,400 Holocentridae--squirrelfishes................. 66,100 Kyphosidae--rudderfishes...................... 22,700 Labridae--wrasses............................. 55,100 Lethrinidae--emperors......................... 53,700 Lutjanidae--snappers.......................... 190,400 Mollusks--turbo snail; octopus; giant clams... 9,800 Mugilidae--mullets............................ 4,500 Mullidae--goatfish............................ 28,400 Scaridae--parrotfish.......................... 144,000 Serranidae--groupers.......................... 86,900 Siganidae--rabbitfish......................... 10,200 Bolbometopon muricatum--Bumphead parrotfish... 797 (CNMI and Guam combined) Cheilinus undulatus--Humphead (Napoleon) 2,009 wrasse. All other CREMUS combined..................... 7,300 ---------------------------------------------------------------------------------------------------------------- Table 4--Hawaii ---------------------------------------------------------------------------------------------------------------- Proposed ACL Fishery Management unit species specification (lb) ---------------------------------------------------------------------------------------------------------------- Bottomfish................................... Non-Deep 7 bottomfish......................... 178,000 Crustacean................................... Deepwater shrimp.............................. 250,773 Spiny lobster................................. 15,000 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 Exploratory Area 2,205 Coral Reef Ecosystem......................... Selar crumenophthalmus--akule, bigeye scad.... 988,000 Decapterus macarellus--opelu, mackerel scad... 438,000 Acanthuridae--surgeonfishes................... 342,000 Carangidae--jacks............................. 161,200 Carcharhinidae--reef sharks................... 9,310 Crustaceans--crabs............................ 33,500 Holocentridae--squirrelfishes................. 148,000 Kyphosidae--rudderfishes...................... 105,000 [[Page 43049]] Labridae--wrasses............................. 205,000 Lethrinidae--emperors......................... 35,500 Lutjanidae--snappers.......................... 330,300 Mollusks--octopus............................. 35,700 Mugilidae--mullets............................ 19,200 Mullidae--goatfishes.......................... 165,000 Scaridae--parrotfishes........................ 239,000 Serranidae--groupers.......................... 128,400 All other CREMUS combined..................... 485,000 ---------------------------------------------------------------------------------------------------------------- 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 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 is to apply a moving three-year average catch to evaluate fishery performance against the proposed ACLs. Specifically, NMFS and the Council would use the average catch of fishing year 2013, 2014, and 2015 to evaluate fishery performance against a particular 2015 ACL. This process would be repeated in future fishing years. At the end of each fishing year, the Council would review catches relative to each ACL. If NMFS and the Council determine the three-year average catch for the fishery exceeds the specified ACL, NMFS would reduce the ACL for that fishery by the amount of the overage in the subsequent year. 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 the date provided in the DATES heading, 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 these proposed specifications are 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 these proposed specifications. The proposed action would specify annual catch limits (ACL) and accountability measures (AM) for Pacific Island bottomfish, crustacean, precious coral, and coral reef ecosystem fisheries for 2015. The 2015 ACLs and AMs for all crustaceans (except for spiny lobster), bottomfish (except Hawaii non-Deep 7 bottomfish), and precious corals are identical to those NMFS specified for the 2014 fishing year. For spiny lobster, Hawaii non-Deep 7 bottomfish, and coral reef ecosystem species, the ACL is based on new estimates of maximum sustainable yield (MSY) and would be specified at 95 percent of acceptable biological catch (ABC). The National Marine Fisheries Service (NMFS) based the proposed specifications on recommendations from the Western Pacific Fishery Management Council (Council) at the Council's 160th meeting held from June 24-27, 2014, and reaffirmed again at the 161st meeting held from October 20-23, 2014. For this action, the Council recommended 112 ACLs: 26 in American Samoa, 26 in Guam, 26 in CNMI, and 34 in Hawaii. NMFS would specify the ACLs for the 2015-2018 fishing years, which begin on January 1 and end on December 31, except for precious coral fisheries, which begin July 1 and end on June 30 the following year. The vessels impacted by this action are federally permitted to fish under the Fishery Ecosystem Plans for American Samoa, the Marianas Archipelago (Guam and the CNMI) and Hawaii. The numbers of vessels permitted under these Fishery Ecosystem Plans affected by this action are as follows: American Samoa (0), Marianas Archipelago (3), and Hawaii (11). Based on available information, NMFS has determined that all impacted entities 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 $20.5 million if fishing for finfish (NAICS code 114111), $5.5 million if fishing for shellfish (NAICS [[Page 43050]] code: 114112), or $7.5 million if fishing for other marine life such as precious corals (NAICS code: 114119). 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, the implementation of this action should not result in significant adverse economic impact to individual vessels. For active fisheries, the ACLs are the same as, 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 the 2015 fishing year. A post-season review of the catch data would be required to determine whether any fishery exceeded its ACL by comparing the ACL to the most recent 3-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 and 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 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. As such, an initial regulatory flexibility analysis is not required and none has been prepared. This action has been determined to be exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 15, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2015-17778 Filed 7-20-15; 8:45 am] BILLING CODE 3510-22-P
![43046 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Proposed Rules
fruit for export, or for the handling of complete the required fields, and enter to take action, which may include
fruit between the production area and or attach your comments. reducing the ACL for the subsequent
any point outside thereof within the • Mail: Send written comments to fishing year by the amount of the
United States. Michael D. Tosatto, Regional overage, or other appropriate action.
(6) Any regulations or requirements Administrator, NMFS Pacific Islands
Annual Catch Limits
pertaining to intrastate shipments shall Region (PIR), 1845 Wasp Blvd., Bldg.
not be implemented unless Florida 176, Honolulu, HI 96818. NMFS proposes to specify ACLs for
statutes and regulations regulating such Instructions: NMFS may not consider bottomfish, crustacean, precious coral,
shipments are not in effect. comments sent by any other method, to and coral reef ecosystem fishery MUS in
* * * * * any other address or individual, or American Samoa, Guam, the CNMI, and
received after the end of the comment Hawaii. NMFS based the proposed
Dated: July 14, 2015. period. All comments received are a specifications on recommendations
Rex. A. Barnes, part of the public record and will from the Council at its 160th meeting
Associate Administrator, Agricultural generally be posted for public viewing held on June 24–27, 2014. The Council
Marketing Service. on www.regulations.gov without change. recommended 112 ACLs: 26 in
[FR Doc. 2015–17588 Filed 7–20–15; 8:45 am] All personal identifying information American Samoa, 26 in Guam, 26 in the
BILLING CODE 3410–02–P (e.g., name, address, etc.), confidential CNMI, and 34 in Hawaii. The Council
business information, or otherwise recommended that NMFS specify multi-
sensitive information submitted year ACL and accountability measures
DEPARTMENT OF COMMERCE voluntarily by the sender will be effective in fishing years 2015–2018.
publicly accessible. NMFS proposes to implement the
National Oceanic and Atmospheric NMFS prepared environmental specifications for fishing year 2015,
Administration analyses that describe the potential 2016, 2017, and 2018 separately prior to
impacts on the human environment that each fishing year (January 1 through
50 CFR Part 665 would result from the proposed annual December 31 each year, except for
catch limits and accountability precious coral fisheries, which is July 1
[Docket No. 141009847–5604–01]
measures. NMFS provided additional through June 30). The proposed ACLs
RIN 0648–XD558 background information in the 2014 are identical to those that NMFS
proposed and final specifications (78 FR specified for the 2014 fishing year for all
Pacific Island Fisheries; 2015 Annual 77089, December 20, 2013; 79 FR 4276, crustaceans (except for spiny lobster),
Catch Limits and Accountability January 27, 2014). Copies of the bottomfish (except Hawaii non-Deep 7
Measures environmental analyses and other bottomfish), and precious corals. For
AGENCY: National Marine Fisheries documents are available at spiny lobster, Hawaii non-Deep 7
Service (NMFS), National Oceanic and www.regulations.gov. bottomfish, and coral reef ecosystem
Atmospheric Administration (NOAA), species, the ACLs are based on new
FOR FURTHER INFORMATION CONTACT: estimates of maximum sustainable yield
Department of Commerce. Jarad Makaiau, NMFS PIRO Sustainable (MSY) and would be specified at five
ACTION: Proposed specifications; request Fisheries, 808–725–5176. percent below ABC (95 percent of ABC).
for comments. SUPPLEMENTARY INFORMATION: Fisheries At the 161st meeting held October 20–
in the U.S. Exclusive Economic Zone 23, 2014, the Council maintained its
SUMMARY: NMFS proposes annual catch (EEZ, or Federal waters) around the U.S.
limits (ACLs) for Pacific Island recommendations from the 160th
Pacific Islands are managed under meeting.
bottomfish, crustacean, precious coral, archipelagic fishery ecosystem plans NMFS is not proposing ACLs for MUS
and coral reef ecosystem fisheries, and (FEP) for American Samoa, Hawaii, the that are currently subject to Federal
accountability measures (AMs) to Pacific Remote Islands, and the Mariana fishing moratoria or prohibitions. These
correct or mitigate any overages of catch Archipelago (covering Guam and the MUS include all species of gold coral
limits. The proposed ACLs and AMs Commonwealth of the Northern Mariana (78 FR 32181, May 29, 2013), the three
would be effective in fishing year 2015. Islands (CNMI)). A fifth FEP covers Hawaii seamount groundfish (pelagic
The fishing year for each fishery begins pelagic fisheries. The Western Pacific armorhead, alfonsin, and raftfish, 75 FR
on January 1 and ends on December 31, Fishery Management Council (Council) 69015, November 10, 2010), and
except for precious coral fisheries, developed the FEPs, and NMFS deepwater precious corals at the
which begins July 1 and ends on June implemented them under the authority Westpac Bed Refugia (75 FR 2198,
30 the following year. The proposed of the Magnuson-Stevens Fishery January 14, 2010). The current
catch limits and accountability Conservation and Management Act prohibitions on fishing for these MUS
measures support the long-term (Magnuson-Stevens Act). serve as the functional equivalent of an
sustainability of fishery resources of the Each FEP contains a process for the ACL of zero.
U.S. Pacific Islands. Council and NMFS to specify ACLs and Additionally, NMFS is not proposing
DATES: NMFS must receive comments AMs; that process is codified at Title 50 ACLs for bottomfish, crustacean,
by August 5, 2015. Code of Federal Regulations Section precious coral, or coral reef ecosystem
ADDRESSES: You may submit comments 665.4 (50 CFR 665.4). The regulations MUS identified in the Pacific Remote
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
on this document, identified by NOAA– require NMFS to specify, every fishing Islands Area (PRIA) FEP. This is
NMFS–2014–0130, by either of the year, an ACL for each stock and stock because fishing is prohibited in the EEZ
following methods: complex of management unit species within 12 nm of emergent land, unless
• Electronic Submission: Submit all (MUS) included in an FEP, as authorized by the U.S. Fish and Wildlife
electronic public comments via the recommended by the Council and Service (USFWS) (78 FR 32996, June 3,
Federal e-Rulemaking Portal. Go to considering the best available scientific, 2013). To date, NMFS has not received
http://www.regulations.gov/ commercial, and other information fishery data for any such approvals. In
#!docketDetail;D=NOAA-NMFS-2014- about the fishery. If a fishery exceeds an addition, there is no suitable habitat for
0130, click the ‘‘Comment Now!’’ icon, ACL, the regulations require the Council these stocks beyond the 12-nm no-
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![43050 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Proposed Rules
code: 114112), or $7.5 million if fishing entire year. In addition, the ACLs, as The proposed action does not
for other marine life such as precious proposed, would not change the gear duplicate, overlap, or conflict with other
corals (NAICS code: 114119). Therefore, types, areas fished, effort, or Federal rules and is not expected to
there would be no disproportionate participation of the fishery during the have significant impact on small entities
economic impacts between large and 2015 fishing year. A post-season review (as discussed above), organizations, or
small entities. Furthermore, there would of the catch data would be required to government jurisdictions. The proposed
be no disproportionate economic determine whether any fishery exceeded action also will not place a substantial
impacts among the universe of vessels its ACL by comparing the ACL to the number of small entities, or any segment
based on gear, home port, or vessel most recent 3-year average catch for of small entities, at a significant
length. which data is available. If an ACL is competitive disadvantage to large
Even though this proposed action entities. As such, an initial regulatory
exceeded, the Council and NMFS would
would apply to a substantial number of flexibility analysis is not required and
take action in future fishing years to
vessels, the implementation of this none has been prepared.
action should not result in significant correct the operational issue that caused
adverse economic impact to individual the ACL overage. NMFS and the Council This action has been determined to be
vessels. For active fisheries, the ACLs would evaluate the environmental and exempt from review under E.O. 12866.
are the same as, or greater than, the social and economic impacts of future Authority: 16 U.S.C. 1801 et seq.
current annual yields. The Council and actions, such as changes to future ACLs
or AMs, after the required data are Dated: July 15, 2015.
NMFS are not considering in-season
closures in any of the fisheries to which available. Specifically, if NMFS and the Samuel D. Rauch III,
these ACLs apply because fishery Council determine that the three-year Deputy Assistant Administrator for
management agencies are not able to average catch for a fishery exceeds the Regulatory Programs, National Marine
track catch relative to the ACLs during specified ACL, NMFS would reduce the Fisheries Service.
the fishing year. As a result, fishermen ACL for that fishery by the amount of [FR Doc. 2015–17778 Filed 7–20–15; 8:45 am]
would be able to fish throughout the the overage in the subsequent year. BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 17:24 Jul 20, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 9990 E:\FR\FM\21JYP1.SGM 21JYP1](https://thefederalregister.org/doc/80_FR_43185/page/5.svg)
Document Created: 2018-02-23 09:23:17
Document Modified: 2018-02-23 09:23:17
| 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 | Proposed Rules | |
| Action | Proposed specifications; request for comments. | |
| Dates | NMFS must receive comments by August 5, 2015. | |
| Contact | Jarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176. | |
| FR Citation | 80 FR 43046 | |
| RIN Number | 0648-XD55 |
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