81 FR 38123 - Mariana Archipelago Fisheries; Remove the CNMI Medium and Large Vessel Bottomfish Prohibited Areas
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 113 (June 13, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 113 (June 13, 2016)
| Page Range | 38123-38126 | |
| FR Document | 2016-13852 |
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)] [Proposed Rules] [Pages 38123-38126] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13852] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 150908833-6479-01] RIN 0648-BF37 Mariana Archipelago Fisheries; Remove the CNMI Medium and Large Vessel Bottomfish Prohibited Areas AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This proposed rule would remove the medium and large vessel bottomfish prohibited fishing areas in the Commonwealth of the Northern Mariana Islands (CNMI). Conditions in the fishery that led to establishing the prohibited areas are no longer present, and the restriction is no longer necessary. The Western Pacific Fishery Management Council recommended Amendment 4 to the Fishery Ecosystem Plan for the Mariana Archipelago (FEP) to remove these prohibited areas, and this proposed rule would implement the recommended change. The intent of the proposed rule is to improve the viability of the CNMI bottomfish fishery and promote optimum yield while preventing overfishing. This proposed rule would also make an administrative housekeeping change to the regulations for the CNMI management subarea crustacean fishing. DATES: NMFS must receive comments by July 28, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2015-0115, 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-2015-0115, 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 will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). The Western Pacific Fishery Management Council (Council) and NMFS prepared an environmental analysis that describes the potential impacts on the human environment that could result from the proposed rule. The environmental analysis and other supporting documents are available at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIRO Sustainable Fisheries, 808-725-5173. SUPPLEMENTARY INFORMATION: In 2008, the Council recommended establishing, and NMFS implemented, prohibited areas for commercial fishing for Mariana bottomfish management unit species (BMUS) in the CNMI. Federal regulations currently prohibit medium and large vessels (40 ft and greater) from commercial fishing for BMUS in certain Federal waters around the CNMI. The prohibited areas include waters within approximately 50 nm of the Southern Islands (i.e., Rota, Aguigan (alt. Aguijan), Tinian, Saipan, and Farallon de Medinilla) and within 10 nm of Alamagan Island. The Council established the prohibited areas to prevent large bottomfish vessels based in Guam from traveling to CNMI fishing grounds. At the time, the Council was concerned that the Guam vessels could negatively affect fish stocks and local fisheries through stock depletion, catch competition, and gear conflicts. You may read more about the establishment of the prohibited areas in the 2008 proposed rule (73 FR 51992, September [[Page 38124]] 8, 2008) and final rule (73 FR 75615, December 12, 2008). The CNMI bottomfish fishery has changed since 2008, and the conditions that led the Council and NMFS to establish the prohibited areas are no longer present. Large vessels from Guam have not shown interest in fishing for CNMI bottomfish. The prohibited areas may also be negatively impacting the CNMI bottomfish fishery. Only a few small vessels have been operating on a regular basis, and the few medium and large vessels have faced declining participation, possibly resulting from higher fuel costs that prevent them from traveling beyond the prohibited areas. The prohibited areas may be contributing to the potential under-utilization of the bottomfish resource in CNMI and removing them may promote optimum yield. To address fishery conditions resulting from the CNMI prohibited areas, the Council recommended that NMFS remove them. The Council and NMFS would continue to manage the fishery under a suite of management requirements that include the specification of annual catch limits and accountability measures, post-season review of catches and effort including against ACLs, requirements for vessel markings, Federal catch and sales reporting, and the vessel monitoring system. The fishing requirements for the Marianas Trench Marine National Monument would also remain unchanged. Figure 1 shows the current prohibited areas. [GRAPHIC] [TIFF OMITTED] TP13JN16.015 [[Page 38125]] This proposed rule is intended to improve the efficiency and economic viability of the CNMI bottomfish fishery. The Council and NMFS would annually review the effects of the proposed action. Any proposed changes would be subject to additional environmental review and opportunity for public review and comment. This proposed rule would also include two administrative housekeeping changes: Corrections to the description of the CNMI management subarea and to the CNMI permit area designation for crustacean fishing. First, prior to 2013, the CNMI management subarea was divided into an inshore area (the EEZ within 3 nm of the shoreline) and an offshore area (the EEZ seaward of 3 nm from the shoreline). In 2013, under Public Law 113-34 (which amended Public Law 94-435) the United States transferred nearshore waters (0-3 nm) to the CNMI, so this distinction is no longer necessary. Second, the regulations at Sec. 665.442(a)(1) currently incorrectly refer to Permit Area 3, which is associated with American Samoa. The correct reference for the CNMI is Crustacean Permit Area 5. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator for Fisheries has determined that this proposed rule is consistent with the FEP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. Regulatory Flexibility Act: Certification of Finding of No Significant Impact on Substantial Number of Small Entities The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, 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 rule. The Western Pacific Fishery Management Council recommended a prohibited area in the U.S. Exclusive Economic Zone around the Commonwealth of the Mariana Islands (CNMI), among other requirements, for medium and large (i.e., vessels 40 ft and greater) vessels commercially fishing for bottomfish to separate the fishing activity of these vessels from that of smaller vessels. NMFS implemented the Council's recommendation in 2008 (73 FR 75615; December 12, 2008). The Council established the prohibited area as a precaution in response to concerns expressed by CNMI fishermen that Guam bottomfish fishermen would travel to fish in CNMI waters after establishment of the large vessel prohibited fishing area in Guam. CNMI fishermen were concerned that such additional fishing by the vessels from Guam would create localized depletion of bottomfish, gear conflicts, and catch competition. Few medium and large vessels, however, are capable of bottomfish fishing, and it appears that few medium and large vessels would enter the CNMI bottomfish fishery. Recent CNMI bottomfish harvests are far below recent Annual Catch Limits set for the fishery. Therefore, the current prohibited area may not be needed to ensure the sustainability of the CNMI bottomfish fishery and, in fact, may be constraining it. This proposed rule would provide economic relief to the CNMI medium and large bottomfish vessel fleet, through removing the prohibition from commercial fishing for BMUS within the prohibited areas. The proposed action would allow the medium and large longline vessels to fish within additional areas within Federal waters. The proposed action would improve the efficiency and economic viability of the CNMI bottomfish longline fleet. The proposed action would directly apply to operators of medium and large bottomfish vessels that would potentially fish within CNMI currently prohibited areas, in particular, CNMI and Guam bottomfish permit holders. This permit is required of all vessels commercially fishing for, landing, or transshipping BMUS in the EEZ around the CNMI. Based on information presented below, NMFS has determined that all affected 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 gross annual receipts below $20.5 million (NAICS code: 114111). Since 2012, NMFS has issued fewer than five CNMI and Guam bottomfish permits to medium or large vessels annually. Between 2012 and 2014 NMFS issued an average of eight CNMI Bottomfish permits with less than one classified as CNMI medium or large bottomfish vessel. In Guam, only large bottomfish vessels (50 ft or greater) are required to have a permit. Between 2012 and 2014, NMFS issued an average of two Guam bottomfish permits. During that same time, annual revenue from all bottomfish species landed by the CNMI bottomfish fishery ranged from $23,947-$85,294, and ranged from $13,650-$65,676 when only considering BMUS catch. For Guam based bottomfish boats, revenue earned from bottomfish catch ranged from $18,433-$36,635. Therefore, NMFS estimates that this action would potentially affect up to five medium to large bottomfish vessels directly, at least initially before the potential for expansion of the larger boat sector is realized. This proposed action would lift restrictions for the directly affected entities without imposing obligations. Bottomfish vessel owners could choose to upgrade to larger vessels or continue fishing with their current vessels. NMFS does not expect the rule to have disproportionate economic impacts between large and small entities directly affected by this rule, although the small vessels currently allowed to fish throughout the prohibited areas may be indirectly affected by the potential increase in the number of medium and large bottomfish vessels fishing within a portion of the prohibited areas. There would be no disproportionate economic impacts among the universe of potentially affected vessels based on gear, or vessel length. However, due to their proximity to the prohibited areas, vessels based in CNMI would stand to see greater benefit from this action, relative to those based in Guam. The implementation of this action will not result in significant adverse economic impacts to individual vessels. The proposed action does not duplicate, overlap, or conflict with other Federal rules and is not expected to have significant impact on a substantial number of small entities (as discussed above), organizations, or government jurisdictions. As such, an initial regulatory flexibility analysis is not required and none has been prepared. Executive Order 12866 This proposed rule has been determined to be not significant for purposes of Executive Order 12866. List of Subjects in 50 CFR Part 665 Administrative practice and procedure, Commonwealth of the Northern Mariana Islands, Mariana Archipelago Fisheries, Fisheries, Fishing, Guam, Permits, Reporting and recordkeeping requirements. [[Page 38126]] Dated: June 7, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS proposes to amend 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. In Sec. 665.402, revise paragraphs (b) and (c) to read as follows: Sec. 665.402 Management subareas. * * * * * (b) CNMI Management Subarea means the EEZ seaward of the CNMI, with the inner boundary defined as a line coterminous with the seaward boundary of the CNMI. (c) The outer boundary of each fishery management area is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries. The boundary between the fishery management areas of Guam and the CNMI extends to those points which are equidistant between Guam and the island of Rota in the CNMI. CNMI and Guam management subareas are divided by a line intersecting these two points: 148[deg] E. long., 12[deg] N. lat., and 142[deg] E. long., 16[deg] N. lat. Sec. 665.403 [Amended] 0 3. In Sec. 665.403, remove and reserve paragraph (b). 0 4. In Sec. 665.405, revise paragraphs (e) and (f), and remove paragraphs (g) and (h) to read as follows: Sec. 665.405 Prohibitions. * * * * * (e) Use a vessel to fish commercially for Mariana bottomfish MUS in the CNMI management subarea without a valid CNMI commercial bottomfish permit registered for use with that vessel, in violation of Sec. 665.404(a)(2). (f) Falsify or fail to make, keep, maintain, or submit a Federal logbook as required under Sec. 665.14(b) when using a vessel to engage in commercial fishing for Mariana bottomfish MUS in the CNMI management subarea in violation of Sec. 665.14(b). 0 6. In Sec. 665.442, revise paragraph (a)(1) to read as follows: Sec. 665.442 Permits. (a) * * * (1) The owner of any vessel used to fish for lobster in Permit Area 5 must have a permit issued for such a vessel. * * * * * [FR Doc. 2016-13852 Filed 6-10-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Proposed Rules 38123
explained our reasons for this action in your EPA regional representative as Federal e-Rulemaking Portal. Go to
the preamble to the direct final rule. listed in 40 CFR 63.13. www.regulations.gov/
If we receive no adverse comment, we #!docketDetail;D=NOAA-NMFS-2015-
III. Statutory and Executive Orders
will not take further action on this 0115, click the ‘‘Comment Now!’’ icon,
proposed rule. If we receive adverse For a complete discussion of the complete the required fields, and enter
comment on all or a distinct portion of rationale, regulatory text, and all of the or attach your comments.
this direct final rule, we will publish a administrative requirements applicable • Mail: Send written comments to
timely withdrawal in the Federal to this action, see the direct final rule in Michael D. Tosatto, Regional
Register informing the public that some the ‘‘Rules and Regulations’’ section of Administrator, NMFS Pacific Islands
or all of the direct final rule will not this Federal Register. Region (PIR), 1845 Wasp Blvd., Bldg.
take effect. We would address all public Dated: May 27, 2016. 176, Honolulu, HI 96818.
comments in any subsequent final rule Gina McCarthy, Instructions: NMFS may not consider
based on the proposed rule. Administrator. comments sent by any other method, to
If we receive adverse comment on a [FR Doc. 2016–13504 Filed 6–10–16; 8:45 am] any other address or individual, or
distinct provision of the direct final BILLING CODE 6560–50–P received after the end of the comment
rule, we will publish a timely period. All comments received are a
withdrawal in the Federal Register part of the public record and will
indicating which provisions we are DEPARTMENT OF COMMERCE generally be posted for public viewing
withdrawing. The provisions that are on www.regulations.gov without change.
not withdrawn will become effective on National Oceanic and Atmospheric All personal identifying information
the date set out in the direct final rule, Administration (e.g., name, address, etc.), confidential
notwithstanding adverse comment on business information, or otherwise
any other provision. We do not intend 50 CFR Part 665 sensitive information submitted
to institute a second comment period on [Docket No. 150908833–6479–01] voluntarily by the sender will be
this action. Any parties interested in publicly accessible. NMFS will accept
commenting must do so at this time. RIN 0648–BF37 anonymous comments (enter ‘‘N/A’’ in
The regulatory text for this proposal is the required fields if you wish to remain
identical to that for the direct final rule Mariana Archipelago Fisheries; anonymous).
published in the ‘‘Rules and Remove the CNMI Medium and Large
The Western Pacific Fishery
Vessel Bottomfish Prohibited Areas
Regulations’’ section of this Federal Management Council (Council) and
Register. For further supplementary AGENCY: National Marine Fisheries NMFS prepared an environmental
information, the detailed rationale for Service (NMFS), National Oceanic and analysis that describes the potential
this proposal, and the regulatory Atmospheric Administration (NOAA), impacts on the human environment that
revisions, see the direct final rule Commerce. could result from the proposed rule. The
published in the ‘‘Rules and ACTION: Proposed rule; request for environmental analysis and other
Regulations’’ section of this Federal comments. supporting documents are available at
Register. www.regulations.gov.
SUMMARY: This proposed rule would
II. Does this action apply to me? remove the medium and large vessel FOR FURTHER INFORMATION CONTACT:
Categories and entities potentially bottomfish prohibited fishing areas in Sarah Ellgen, NMFS PIRO Sustainable
regulated by this proposed rule include: the Commonwealth of the Northern Fisheries, 808–725–5173.
Mariana Islands (CNMI). Conditions in SUPPLEMENTARY INFORMATION: In 2008,
NAICS the fishery that led to establishing the the Council recommended establishing,
Category code 1 prohibited areas are no longer present, and NMFS implemented, prohibited
and the restriction is no longer areas for commercial fishing for Mariana
Primary Aluminum Production Fa- 331312
cilities. necessary. The Western Pacific Fishery bottomfish management unit species
Secondary Aluminum Production 331314 Management Council recommended (BMUS) in the CNMI. Federal
Facilities. Amendment 4 to the Fishery Ecosystem regulations currently prohibit medium
Aluminum Sheet, Plate, and Foil 331315 Plan for the Mariana Archipelago (FEP)
Manufacturing Facilities. and large vessels (40 ft and greater) from
Aluminum Extruded Product Man- 331316 to remove these prohibited areas, and commercial fishing for BMUS in certain
ufacturing Facilities. this proposed rule would implement the Federal waters around the CNMI. The
Other Aluminum Rolling and 331319 recommended change. The intent of the prohibited areas include waters within
Drawing Facilities. proposed rule is to improve the viability
Aluminum Die Casting Facilities ... 331521 approximately 50 nm of the Southern
Aluminum Foundry Facilities ......... 331524 of the CNMI bottomfish fishery and Islands (i.e., Rota, Aguigan (alt.
promote optimum yield while Aguijan), Tinian, Saipan, and Farallon
1 North American Industry Classification preventing overfishing. This proposed de Medinilla) and within 10 nm of
System. rule would also make an administrative Alamagan Island. The Council
This table is not intended to be housekeeping change to the regulations established the prohibited areas to
exhaustive, but rather provides a guide for the CNMI management subarea prevent large bottomfish vessels based
for readers regarding entities likely to be crustacean fishing. in Guam from traveling to CNMI fishing
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regulated by this proposed rule. To DATES: NMFS must receive comments grounds. At the time, the Council was
determine whether your facility is by July 28, 2016. concerned that the Guam vessels could
affected, you should examine the ADDRESSES: You may submit comments negatively affect fish stocks and local
applicability criteria in 40 CFR 63.1500. on this document, identified by NOAA– fisheries through stock depletion, catch
If you have any questions regarding the NMFS–2015–0115, by either of the competition, and gear conflicts. You
applicability of any aspect of this action following methods: may read more about the establishment
to a particular entity, consult either the • Electronic Submission: Submit all of the prohibited areas in the 2008
air permitting authority for the entity or electronic public comments via the proposed rule (73 FR 51992, September
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![38126 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Proposed Rules
Dated: June 7, 2016. (c) The outer boundary of each fishery (e) Use a vessel to fish commercially
Samuel D. Rauch III, management area is a line drawn in for Mariana bottomfish MUS in the
Deputy Assistant Administrator for such a manner that each point on it is CNMI management subarea without a
Regulatory Programs, National Marine 200 nautical miles from the baseline valid CNMI commercial bottomfish
Fisheries Service. from which the territorial sea is permit registered for use with that
For the reasons set out in the measured, or is coterminous with vessel, in violation of § 665.404(a)(2).
preamble, NMFS proposes to amend 50 adjacent international maritime (f) Falsify or fail to make, keep,
CFR part 665 as follows: boundaries. The boundary between the maintain, or submit a Federal logbook as
fishery management areas of Guam and required under § 665.14(b) when using a
PART 665—FISHERIES IN THE the CNMI extends to those points which vessel to engage in commercial fishing
WESTERN PACIFIC are equidistant between Guam and the for Mariana bottomfish MUS in the
island of Rota in the CNMI. CNMI and CNMI management subarea in violation
■ 1. The authority citation for 50 CFR Guam management subareas are divided
part 665 continues to read as follows: of § 665.14(b).
by a line intersecting these two points:
148° E. long., 12° N. lat., and 142° E. ■ 6. In § 665.442, revise paragraph (a)(1)
Authority: 16 U.S.C. 1801 et seq.
long., 16° N. lat. to read as follows:
■ 2. In § 665.402, revise paragraphs (b)
and (c) to read as follows: § 665.403 [Amended] § 665.442 Permits.
■ 3. In § 665.403, remove and reserve (a) * * *
§ 665.402 Management subareas.
paragraph (b).
* * * * * (1) The owner of any vessel used to
■ 4. In § 665.405, revise paragraphs (e)
(b) CNMI Management Subarea means fish for lobster in Permit Area 5 must
and (f), and remove paragraphs (g) and
the EEZ seaward of the CNMI, with the (h) to read as follows: have a permit issued for such a vessel.
inner boundary defined as a line * * * * *
coterminous with the seaward boundary § 665.405 Prohibitions. [FR Doc. 2016–13852 Filed 6–10–16; 8:45 am]
of the CNMI. * * * * * BILLING CODE 3510–22–P
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VerDate Sep<11>2014 16:50 Jun 10, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4702 Sfmt 9990 E:\FR\FM\13JNP1.SGM 13JNP1](https://thefederalregister.org/doc/81_FR_38236/page/4.svg)
Document Created: 2018-02-08 07:39:53
Document Modified: 2018-02-08 07:39:53
| 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 rule; request for comments. | |
| Dates | NMFS must receive comments by July 28, 2016. | |
| Contact | Sarah Ellgen, NMFS PIRO Sustainable Fisheries, 808-725-5173. | |
| FR Citation | 81 FR 38123 | |
| RIN Number | 0648-BF37 | |
| CFR Associated | Administrative Practice and Procedure; Commonwealth of the Northern Mariana Islands; Mariana Archipelago Fisheries; Fisheries; Fishing; Guam; Permits and Reporting and Recordkeeping Requirements |
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