81_FR_61798 81 FR 61625 - Mariana Archipelago Fisheries; Remove the CNMI Medium and Large Vessel Bottomfish Prohibited Areas

81 FR 61625 - 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 173 (September 7, 2016)

Page Range61625-61627
FR Document2016-21422

This final rule removes 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. This rule also makes administrative housekeeping changes to the description of the CNMI management subarea and to the regulations for the CNMI management subarea crustacean fishing. The intent of this final rule is to improve the viability of the CNMI bottomfish fishery and promote optimum yield while preventing overfishing.

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016) 
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Rules and Regulations]
[Pages 61625-61627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21422]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 150908833-6738-02]
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: Final rule.

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SUMMARY: This final rule removes 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. This rule also makes administrative housekeeping 
changes to the description of the CNMI management subarea and to the 
regulations for the CNMI management subarea crustacean fishing. The 
intent of this final rule is to improve the viability of the CNMI 
bottomfish fishery and promote optimum yield while preventing 
overfishing.

DATES: Effective October 7, 2016.

ADDRESSES: The Western Pacific Fishery Management Council (Council) and 
NMFS prepared Amendment 4 to the Fishery Ecosystem Plan for the 
Marianas Archipelago that provides background information on this final 
rule. Amendment 4, including a final environmental assessment and 
regulatory impact review, is identified as NOAA-NMFS-2015-0115 and is 
available from www.regulations.gov or the Council, 1164 Bishop St., 
Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, 
www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIRO Sustainable 
Fisheries, 808-725-5173.

SUPPLEMENTARY INFORMATION: Federal regulations currently prohibit 
medium and large vessels (40 ft and greater) from commercial fishing 
for bottomfish management unit species 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. 
In 2008, the Council recommended, and NMFS implemented, 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 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 affecting 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 will continue to manage the fishery under a suite of management

[[Page 61626]]

requirements that include the specification of annual catch limits and 
accountability measures, post-season review of catches and effort, 
Federal permits, requirements for vessel markings, catch and sales 
reporting, and the vessel monitoring system. The fishing requirements 
for the Marianas Trench Marine National Monument also remain unchanged.
    The Council and NMFS intend this final rule to improve the 
efficiency and economic viability of the CNMI bottomfish fishery. The 
Council and NMFS will annually review the effects of the action. Any 
future changes would be subject to additional environmental review and 
opportunity for public review and comment.
    In addition to removing the prohibited areas, this final rule 
includes administrative housekeeping 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 Exclusive Economic Zone, 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 current regulations at Sec.  665.442(a)(1) 
incorrectly refer to Permit Area 3, which is associated with American 
Samoa. The correct reference for the CNMI is Crustacean Permit Area 5, 
and this rule corrects that reference.

Comments and Responses

    On June 13, 2016, NMFS published a proposed rule and request for 
public comments (81 FR 38123). The comment period ended on July 28, 
2016. NMFS did not receive any comments.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Classification

    The Regional Administrator, Pacific Islands Region, NMFS, 
determined that Amendment 4 is necessary for the conservation and 
management of the bottomfish fisheries of the Marianas Archipelago, and 
that it is consistent with the Magnuson-Stevens Fishery Conservation 
and Management Act and other applicable laws.
    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. NMFS published the factual basis for the certification in the 
proposed rule (81 FR 38123, June 13, 2016), and does not repeat it 
here. NMFS received no comments on this certification. However, NMFS 
has updated its analysis under a new small business size standard of 
$11 million in annual gross receipts for all businesses primarily 
engaged in the commercial fishing industry (NAICS 11411). This new size 
standard was established after the proposed rule was published.
    On December 29, 2015, NMFS issued a final rule establishing the $11 
million standard. This standard is for Regulatory Flexibility Act (RFA) 
compliance purposes only (80 FR 81194) and became effective on July 1, 
2016, to be used in place of the U.S. Small Business Administration 
(SBA) current standards of $20.5 million, $5.5 million, and $7.5 
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and 
other marine fishing (NAICS 114119) sectors of the U.S. commercial 
fishing industry in all NMFS rules that are subject to the RFA after 
July 1, 2016.
    Pursuant to the Regulatory Flexibility Act, and prior to July 1, 
2016, a certification was developed for this regulatory action using 
the former SBA size standards. NMFS has reviewed the analyses prepared 
for this regulatory action in light of the new size standard. All of 
the entities directly regulated by this regulatory action are finfish 
commercial fishing businesses and were considered small under the SBA 
size standards, and they all would continue to be considered small 
under the new standard. Thus, NMFS has determined that the new size 
standard does not affect analyses prepared for this regulatory action 
and the factual basis for the certification submitted during the 
proposed rule stage stands. As a result, a regulatory flexibility 
analysis is not required, and none was prepared
    This final 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.

    Dated: August 31, 2016.
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. 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 that 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).
    The revisions 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:

[[Page 61627]]

Sec.  665.442  Permits.

    (a) * * *
    (1) The owner of any vessel used to fish for lobster in Crustacean 
Permit Area 5 must have a permit issued for such a vessel.
* * * * *
[FR Doc. 2016-21422 Filed 9-6-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 61625 J. Executive Order 12898: Federal 32°39.943′ N., 79°45.068′ W.; 32°38.579′ NMFS prepared Amendment 4 to the Actions To Address Environmental N., 79°42.152′ W. Fishery Ecosystem Plan for the Marianas Justice in Minority Populations and Low (ii) Size: Approximately 7.4 square Archipelago that provides background Income Populations nautical miles in size. information on this final rule. Executive Order 12898 (59 FR 7629) (iii) Depth: Ranges from Amendment 4, including a final establishes federal executive policy on approximately 30 to 45 feet (9 to 13.5 environmental assessment and environmental justice. Its main meters). regulatory impact review, is identified provision directs federal agencies, to the * * * * * as NOAA–NMFS–2015–0115 and is greatest extent practicable and (vi) Restrictions: (A) Disposal shall be available from www.regulations.gov or permitted by law, to make limited to dredged material from the the Council, 1164 Bishop St., Suite environmental justice part of their Charleston, South Carolina, area; 1400, Honolulu, HI 96813, tel 808–522– mission by identifying and addressing, (B) Disposal shall be limited to 8220, fax 808–522–8226, as appropriate, disproportionately high dredged material determined to be www.wpcouncil.org. and adverse human health or suitable for ocean disposal according to FOR FURTHER INFORMATION CONTACT: environmental effects of their programs, 40 CFR 227.13; Sarah Ellgen, NMFS PIRO Sustainable policies, and activities on minority (C) Disposal shall be managed by the Fisheries, 808–725–5173. populations and low-income restrictions and requirements contained SUPPLEMENTARY INFORMATION: Federal populations in the United States. The in the currently-approved Site regulations currently prohibit medium EPA determined that this rule will not Management and Monitoring Plan and large vessels (40 ft and greater) from have disproportionately high and (SMMP); commercial fishing for bottomfish adverse human health or environmental (D) Monitoring, as specified in the management unit species in certain effects on minority or low-income SMMP, is required. Federal waters around the CNMI. The populations because it does not affect * * * * * prohibited areas include waters within the level of protection provided to [FR Doc. 2016–21454 Filed 9–6–16; 8:45 am] approximately 50 nm of the Southern human health or the environment. The BILLING CODE 6560–50–P Islands (i.e., Rota, Aguigan (alt. EPA has assessed the overall Aguijan), Tinian, Saipan, and Farallon protectiveness of modifying the de Medinilla) and within 10 nm of Charleston ODMDS against the criteria DEPARTMENT OF COMMERCE Alamagan Island. In 2008, the Council established pursuant to the MPRSA to recommended, and NMFS ensure that any adverse impact to the National Oceanic and Atmospheric implemented, the prohibited areas to environment will be mitigated to the Administration prevent large bottomfish vessels based greatest extent practicable. We welcome in Guam from traveling to CNMI fishing comments on this action related to this 50 CFR Part 665 grounds. At the time, the Council was Executive Order. concerned that the Guam vessels could [Docket No. 150908833–6738–02] List of Subjects in 40 CFR Part 228 negatively affect fish stocks and local RIN 0648–BF37 fisheries through stock depletion, catch Environmental protection, Water competition, and gear conflicts. You pollution control. Mariana Archipelago Fisheries; may read more about the establishment Authority: This action is issued under the Remove the CNMI Medium and Large of the prohibited areas in the 2008 authority of Section 102 of the Marine Vessel Bottomfish Prohibited Areas proposed rule (73 FR 51992; September Protection, Research, and Sanctuaries Act, as 8, 2008) and final rule (73 FR 75615; amended, 33 U.S.C. 1401, 1411, 1412. AGENCY: National Marine Fisheries December 12, 2008). Service (NMFS), National Oceanic and The CNMI bottomfish fishery has Dated: August 24, 2016. Atmospheric Administration (NOAA), changed since 2008, and the conditions V. Anne Heard, Commerce. that led the Council and NMFS to Acting Regional Administrator, Region 4. ACTION: Final rule. establish the prohibited areas are no For the reasons set out in the longer present. Large vessels from Guam preamble, the EPA amends chapter I, SUMMARY: This final rule removes the have not shown interest in fishing for title 40 of the Code of Federal medium and large vessel bottomfish CNMI bottomfish. The prohibited areas Regulations as follows: prohibited fishing areas in the may also be negatively affecting the Commonwealth of the Northern Mariana PART 228—CRITERIA FOR THE CNMI bottomfish fishery. Only a few Islands (CNMI). Conditions in the MANAGEMENT OF DISPOSAL SITES small vessels have been operating on a fishery that led to establishing the FOR OCEAN DUMPING regular basis, and the few medium and prohibited areas are no longer present, large vessels have faced declining and the restriction is no longer ■ 1. The authority citation for part 228 participation, possibly resulting from necessary. This rule also makes continues to read as follows: higher fuel costs that prevent them from administrative housekeeping changes to Authority: 33 U.S.C. 1412 and 1418. traveling beyond the prohibited areas. the description of the CNMI The prohibited areas may be ■ 2. Section 228.15 is amended by management subarea and to the contributing to the potential under- revising paragraphs (h)(5)(i) through (iii) regulations for the CNMI management utilization of the bottomfish resource in and (vi) to read as follows: subarea crustacean fishing. The intent of CNMI, and removing them may promote this final rule is to improve the viability § 228.15 Dumping sites designated on a optimum yield. ehiers on DSK5VPTVN1PROD with RULES of the CNMI bottomfish fishery and To address fishery conditions final basis. promote optimum yield while resulting from the CNMI prohibited * * * * * preventing overfishing. (h) * * * areas, the Council recommended that (5) * * * DATES: Effective October 7, 2016. NMFS remove them. The Council and (i) Location: 32°36.280′ N., 79°43.662′ ADDRESSES: The Western Pacific Fishery NMFS will continue to manage the W.; 32°37.646′ N., 79°46.576′ W.; Management Council (Council) and fishery under a suite of management VerDate Sep<11>2014 14:50 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\07SER1.SGM 07SER1

61626 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations requirements that include the would not have a significant economic Dated: August 31, 2016. specification of annual catch limits and impact on a substantial number of small Samuel D. Rauch III, accountability measures, post-season entities. NMFS published the factual Deputy Assistant Administrator for review of catches and effort, Federal basis for the certification in the Regulatory Programs, National Marine permits, requirements for vessel proposed rule (81 FR 38123, June 13, Fisheries Service. markings, catch and sales reporting, and 2016), and does not repeat it here. For the reasons set out in the the vessel monitoring system. The NMFS received no comments on this preamble, NMFS amends 50 CFR part fishing requirements for the Marianas certification. However, NMFS has 665 as follows: Trench Marine National Monument also updated its analysis under a new small remain unchanged. business size standard of $11 million in PART 665—FISHERIES IN THE The Council and NMFS intend this WESTERN PACIFIC annual gross receipts for all businesses final rule to improve the efficiency and primarily engaged in the commercial economic viability of the CNMI ■ 1. The authority citation for 50 CFR bottomfish fishery. The Council and fishing industry (NAICS 11411). This part 665 continues to read as follows: NMFS will annually review the effects new size standard was established after the proposed rule was published. Authority: 16 U.S.C. 1801 et seq. of the action. Any future changes would be subject to additional environmental On December 29, 2015, NMFS issued ■ 2. In § 665.402, revise paragraphs (b) review and opportunity for public a final rule establishing the $11 million and (c) to read as follows: review and comment. standard. This standard is for § 665.402 Management subareas. In addition to removing the Regulatory Flexibility Act (RFA) prohibited areas, this final rule includes * * * * * compliance purposes only (80 FR administrative housekeeping corrections 81194) and became effective on July 1, (b) CNMI Management Subarea means to the description of the CNMI the EEZ seaward of the CNMI, with the 2016, to be used in place of the U.S. management subarea and to the CNMI inner boundary defined as a line Small Business Administration (SBA) permit area designation for crustacean coterminous with the seaward boundary current standards of $20.5 million, $5.5 of the CNMI. fishing. First, prior to 2013, the CNMI million, and $7.5 million for the finfish management subarea was divided into (c) The outer boundary of each fishery (NAICS 114111), shellfish (NAICS management area is a line drawn in an inshore area (the Exclusive Economic 114112), and other marine fishing such a manner that each point on it is Zone, EEZ, within 3 nm of the (NAICS 114119) sectors of the U.S. 200 nautical miles from the baseline shoreline) and an offshore area (the EEZ seaward of 3 nm from the shoreline). In commercial fishing industry in all from which the territorial sea is 2013, under Public Law 113–34 (which NMFS rules that are subject to the RFA measured, or is coterminous with amended Public Law 94–435) the after July 1, 2016. adjacent international maritime United States transferred nearshore Pursuant to the Regulatory Flexibility boundaries. The boundary between the waters (0–3 nm) to the CNMI, so this Act, and prior to July 1, 2016, a fishery management areas of Guam and distinction is no longer necessary. certification was developed for this the CNMI extends to those points that Second, the current regulations at regulatory action using the former SBA are equidistant between Guam and the § 665.442(a)(1) incorrectly refer to size standards. NMFS has reviewed the island of Rota in the CNMI. CNMI and Permit Area 3, which is associated with analyses prepared for this regulatory Guam management subareas are divided American Samoa. The correct reference action in light of the new size standard. by a line intersecting these two points: for the CNMI is Crustacean Permit Area All of the entities directly regulated by 148° E. long., 12° N. lat., and 142° E. 5, and this rule corrects that reference. this regulatory action are finfish long., 16° N. lat. Comments and Responses commercial fishing businesses and were § 665.403 [Amended] On June 13, 2016, NMFS published a considered small under the SBA size ■ 3. In § 665.403, remove and reserve proposed rule and request for public standards, and they all would continue paragraph (b). comments (81 FR 38123). The comment to be considered small under the new standard. Thus, NMFS has determined ■ 4. In § 665.405, revise paragraphs (e) period ended on July 28, 2016. NMFS and (f) and remove paragraphs (g) and did not receive any comments. that the new size standard does not affect analyses prepared for this (h). Changes From the Proposed Rule regulatory action and the factual basis The revisions read as follows: There are no changes from the for the certification submitted during § 665.405 Prohibitions. proposed rule. the proposed rule stage stands. As a * * * * * Classification result, a regulatory flexibility analysis is (e) Use a vessel to fish commercially not required, and none was prepared for Mariana bottomfish MUS in the The Regional Administrator, Pacific Islands Region, NMFS, determined that This final rule has been determined to CNMI management subarea without a Amendment 4 is necessary for the be not significant for purposes of valid CNMI commercial bottomfish conservation and management of the Executive Order 12866. permit registered for use with that bottomfish fisheries of the Marianas vessel, in violation of § 665.404(a)(2). List of Subjects in 50 CFR Part 665 (f) Falsify or fail to make, keep, Archipelago, and that it is consistent with the Magnuson-Stevens Fishery Administrative practice and maintain, or submit a Federal logbook as Conservation and Management Act and procedure, Commonwealth of the required under § 665.14(b) when using a ehiers on DSK5VPTVN1PROD with RULES other applicable laws. Northern Mariana Islands, Mariana vessel to engage in commercial fishing The Chief Counsel for Regulation of for Mariana bottomfish MUS in the Archipelago fisheries, Fisheries, the Department of Commerce certified CNMI management subarea in violation Fishing, Guam, Permits, Reporting and to the Chief Counsel for Advocacy of the of § 665.14(b). recordkeeping requirements. Small Business Administration during ■ 6. In § 665.442, revise paragraph (a)(1) the proposed rule stage that this action to read as follows: VerDate Sep<11>2014 14:50 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\07SER1.SGM 07SER1

Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 61627 § 665.442 Permits. (1) The owner of any vessel used to Area 5 must have a permit issued for (a) * * * fish for lobster in Crustacean Permit such a vessel. * * * * * [FR Doc. 2016–21422 Filed 9–6–16; 8:45 am] BILLING CODE 3510–22–P ehiers on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 14:50 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 9990 E:\FR\FM\07SER1.SGM 07SER1


Document Created: 2016-09-07 11:50:13
Document Modified: 2016-09-07 11:50:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective October 7, 2016.
ContactSarah Ellgen, NMFS PIRO Sustainable Fisheries, 808-725-5173.
FR Citation81 FR 61625 
RIN Number0648-BF37
CFR AssociatedAdministrative 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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