81 FR 75803 - Pacific Island Fisheries; 2016-17 Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 211 (November 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75803-75804 | |
| FR Document | 2016-26323 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Proposed Rules] [Pages 75803-75804] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26323] [[Page 75803]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 160811726-6987-01] RIN 0648-XE809 Pacific Island Fisheries; 2016-17 Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed specifications; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to specify an annual catch limit (ACL) of 318,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2016-17 fishing year, which began on September 1, 2016, and ends on August 31, 2017. If the ACL is projected to be reached, NMFS would close the commercial and non-commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year as an accountability measure (AM). The proposed ACL and AM support the long-term sustainability of Hawaii bottomfish. DATES: NMFS must receive comments by November 16, 2016. ADDRESSES: You may submit comments on the 2016-2107 annual catch limit (ACL), identified by NOAA-NMF-2016-0112, 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-2016-0112, 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). NMFS prepared an environmental analysis that describes the potential impacts on the human environment that could result from the proposed specification. The environmental analysis and other supporting documents are available at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173. SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery Management Council (Council) manage the bottomfish fishery in Federal waters around Hawaii under the Fishery Ecosystem Plan for the Hawaiian Archipelago (FEP), as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Title 50, Code of Federal Regulations, part 665 (50 CFR 665.4) requires NMFS to specify an ACL for MHI Deep 7 bottomfish each fishing year, based on a recommendation from the Council. The Deep 7 bottomfish are onaga (Etelis coruscans), ehu (E. carbunculus), gindai (Pristipomoides zonatus), kalekale (P. sieboldii), opakapaka (P. filamentosus), lehi (Aphareus rutilans), and hapuupuu (Hyporthodus quernus). NMFS proposes to specify an ACL of 318,000 lb of Deep 7 bottomfish in the MHI for the 2016-17 fishing year. The Council recommended the proposed ACL, based on a 2011 bottomfish stock assessment updated with three additional years of data, and in consideration of the risk of overfishing, past fishery performance, the acceptable biological catch recommendation from its Scientific and Statistical Committee, and input from the public. An update to the 2011 NMFS bottomfish stock assessment estimated the overfishing limit for the MHI Deep 7 bottomfish stock complex to be 352,000 lb, which is 31,000 lb less than the estimated overfishing limit in the 2011 stock assessment. Based on this update, the Council recommended a three-year phased reduction of the ACL. NMFS prepared an environmental assessment dated March 17, 2016, of the Council's three-year phased reduction of the ACL (``Specification of Annual Catch Limits and Accountability Measures for Main Hawaiian Islands Deep 7 Bottomfish Fisheries in Fishing Years 2015-16, 2016-17, and 2017-18''), which is available from www.regulations.gov. The proposed ACL of 318,000 lb for 2016-17 is the second annual reduction in this phased approach, and is 8,000 lb less than the ACL that NMFS specified last year. The ACL is associated with a 42 percent probability of overfishing, and is more conservative than the 50 percent risk threshold allowed under NMFS guidelines for National Standard 1 of the Magnuson-Stevens Act. NMFS monitors Deep 7 bottomfish catches based on data provided by commercial fishermen to the State of Hawaii. If NMFS projects the fishery will reach this limit, NMFS would close the commercial and non- commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year, as an accountability measure (AM). In addition, if NMFS and the Council determine that the final 2016-17 Deep 7 bottomfish catch exceeds the ACL, NMFS would reduce the Deep 7 bottomfish ACL for the 2017-18 fishing year by the amount of the overage. The fishery has not caught the specified limit in any year since 2011. NMFS does not expect the proposed ACL and AM specifications for 2016-17 to result in a change in fishing operations, or other changes to the conduct of the fishery that would result in significant environmental impacts. After considering public comments on the proposed ACL and AMs, NMFS will publish the final specifications. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator for Fisheries has determined that this proposed specification is consistent with the Hawaii FEP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. This action is exempt from review under Executive Order 12866. 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 action, why it is being considered, and the legal basis for it are contained in the preamble to these proposed specifications. NMFS proposes to specify an annual catch limit (ACL) of 318,000 lb for Main Hawaiian Islands (MHI) Deep 7 bottomfish for the 2016-17 fishing year, as recommended by the Western Pacific [[Page 75804]] Fishery Management Council (Council). NMFS monitors MHI Deep 7 bottomfish catches based on data provided by commercial fishermen to the State of Hawaii. If and when the fishery is projected to reach this limit, NMFS, as an accountability measure (AM), would close the commercial and non-commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The proposed ACL is 8,000 lb less than the ACL NMFS implemented for the 2015-16 fishing year, and 28,000 lb less than the ACL that NMFS implemented for 2011-12, 2012-13, 2013- 14, and 2014-15. The AM will remain the same. Over the past five fishing seasons, highest reported annual landings, 309,485 lb, occurred during the 2013-2014 fishing year. NMFS does not expect the fishery to reach the limit during the 2016-17 fishing year, which began September 1, 2016, and ends August 31, 2017. This rule would affect participants in the commercial and non- commercial fisheries for MHI Deep 7 bottomfish. During the 2015-16 fishing year, 368 fishermen reported landing 259,530 lb of MHI Deep 7 bottomfish. Based on available information, NMFS has determined that all vessels in the commercial and non-commercial fisheries for MHI Deep 7 bottomfish are small entities under the Small Business Administration's definition of a small entity. That is, they are engaged in the business of fish harvesting, independently owned or operated, not dominant in their field of operation, and have annual gross receipts not in excess of $11 million, the small business size standard for commercial fishing (NAICS Code: 11411). 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. As for revenues earned by fishermen from MHI Deep 7 bottomfish, State of Hawaii records report 328 of the 368 fishermen sold their MHI Deep 7 bottomfish catch. These 328 individuals sold a combined total of 240,183 lb (92.5 percent of reported catch) at a value of $1,716,313. Based on these revenues, the average price for MHI Deep 7 bottomfish in 2015-16 was approximately $7.15/lb. NMFS assumes that the remaining 40 commercial fishermen either sold no Deep 7 bottomfish or the State of Hawaii reporting program did not capture their sales. Assuming the fishery attains the ACL of 318,000 in 2016-17, and using the 2015-16 average price of $7.15/lb, the potential fleet wide revenue during 2016-17 is expected to be $2,273,700 (or approximately $2,103,173 under the assumption that 92.5 percent of catch is sold). If the same number of fishermen sell MHI Deep 7 bottomfish in 2016-17 as in 2015-16, each of these 328 commercial fishermen could potentially sell an average of 970 lb of Deep 7 bottomfish valued at $6,932, if all Deep 7 bottomfish caught were sold. If 92.5 percent of all Deep 7 bottomfish that had been caught had been sold, then these 328 commercial fishermen could potentially sell an average of 897 lb of Deep 7 bottomfish valued at about $6,412. In general, the relative importance of MHI bottomfish to commercial participants as a percentage of overall fishing or household income is unknown, as the total suite of fishing and other income-generating activities by individual operations across the year has not been examined. In terms of scenarios immediately beyond the 2016-17 fishing year, three possible outcomes may occur. First, in the event that 2016-17 catch does not reach 318,000 lb, the ACL will decrease by 12,000 lb for the 2017-2018 fishing year, as set by the multi-year specification. Second, if the fishery exceeds the ACL for the 2016-17 fishing year, NMFS would reduce the MHI Deep 7 bottomfish ACL for the 2017-18 fishing year by the amount of the overage, in addition to the 12,000 lb reduction for the 2017-18 fishing year. The last possible scenario is one where NMFS would prepare a new stock assessment or update that NMFS and the Council would use to set a new 2017-2018 ACL (without inclusion of any overage, even if catch exceeds ACL for the 2016-17 fishing year), although this is unlikely, since NMFS plans to undertake the next stock assessment in 2018. Even though this proposed specification would apply to a substantial number of vessels, i.e., 100 percent of the bottomfish fleet, NMFS does not expect the rule will have a significantly adverse economic impact to individual vessels. Landings information from the past five fishing years, suggest that Deep 7 bottomfish landings are not likely to exceed the ACL proposed for 2016-17. Therefore, pursuant to the Regulatory Flexibility Act, this proposed action would not have a significant economic impact on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. Authority: 16 U.S.C. 1801 et seq. Dated: October 26, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-26323 Filed 10-31-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Proposed Rules 75803
DEPARTMENT OF COMMERCE publicly accessible. NMFS will accept in this phased approach, and is 8,000 lb
anonymous comments (enter ‘‘N/A’’ in less than the ACL that NMFS specified
National Oceanic and Atmospheric the required fields if you wish to remain last year.
Administration anonymous). The ACL is associated with a 42
NMFS prepared an environmental percent probability of overfishing, and
50 CFR Part 665 analysis that describes the potential is more conservative than the 50 percent
impacts on the human environment that risk threshold allowed under NMFS
[Docket No. 160811726–6987–01]
could result from the proposed guidelines for National Standard 1 of
RIN 0648–XE809 specification. The environmental the Magnuson-Stevens Act. NMFS
analysis and other supporting monitors Deep 7 bottomfish catches
Pacific Island Fisheries; 2016–17 documents are available at based on data provided by commercial
Annual Catch Limit and Accountability www.regulations.gov. fishermen to the State of Hawaii. If
Measures; Main Hawaiian Islands Deep NMFS projects the fishery will reach
FOR FURTHER INFORMATION CONTACT:
7 Bottomfish this limit, NMFS would close the
Sarah Ellgen, NMFS PIR Sustainable
AGENCY: National Marine Fisheries Fisheries, 808–725–5173. commercial and non-commercial
Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: NMFS and
fisheries for MHI Deep 7 bottomfish for
Atmospheric Administration (NOAA), the Western Pacific Fishery the remainder of the fishing year, as an
Commerce. Management Council (Council) manage accountability measure (AM). In
the bottomfish fishery in Federal waters addition, if NMFS and the Council
ACTION: Proposed specifications; request
around Hawaii under the Fishery determine that the final 2016–17 Deep
for comments.
Ecosystem Plan for the Hawaiian 7 bottomfish catch exceeds the ACL,
SUMMARY: NMFS proposes to specify an Archipelago (FEP), as authorized by the NMFS would reduce the Deep 7
annual catch limit (ACL) of 318,000 lb Magnuson-Stevens Fishery bottomfish ACL for the 2017–18 fishing
for Deep 7 bottomfish in the main Conservation and Management Act year by the amount of the overage.
Hawaiian Islands (MHI) for the 2016–17 The fishery has not caught the
(Magnuson-Stevens Act). Title 50, Code
fishing year, which began on September specified limit in any year since 2011.
of Federal Regulations, part 665 (50 CFR
1, 2016, and ends on August 31, 2017. NMFS does not expect the proposed
665.4) requires NMFS to specify an ACL
If the ACL is projected to be reached, ACL and AM specifications for 2016–17
for MHI Deep 7 bottomfish each fishing
NMFS would close the commercial and to result in a change in fishing
year, based on a recommendation from
non-commercial fisheries for MHI Deep operations, or other changes to the
the Council. The Deep 7 bottomfish are
7 bottomfish for the remainder of the conduct of the fishery that would result
onaga (Etelis coruscans), ehu (E.
fishing year as an accountability in significant environmental impacts.
carbunculus), gindai (Pristipomoides
measure (AM). The proposed ACL and After considering public comments on
zonatus), kalekale (P. sieboldii),
AM support the long-term sustainability the proposed ACL and AMs, NMFS will
opakapaka (P. filamentosus), lehi
of Hawaii bottomfish. publish the final specifications.
(Aphareus rutilans), and hapuupuu
DATES: NMFS must receive comments (Hyporthodus quernus). Classification
by November 16, 2016. NMFS proposes to specify an ACL of Pursuant to section 304(b)(1)(A) of the
ADDRESSES: You may submit comments 318,000 lb of Deep 7 bottomfish in the Magnuson-Stevens Act, the NMFS
on the 2016–2107 annual catch limit MHI for the 2016–17 fishing year. The Assistant Administrator for Fisheries
(ACL), identified by NOAA–NMF– Council recommended the proposed has determined that this proposed
2016–0112, by either of the following ACL, based on a 2011 bottomfish stock specification is consistent with the
methods: assessment updated with three Hawaii FEP, other provisions of the
• Electronic Submission: Submit all additional years of data, and in Magnuson-Stevens Act, and other
electronic public comments via the consideration of the risk of overfishing, applicable laws, subject to further
Federal e-Rulemaking Portal. Go to past fishery performance, the acceptable consideration after public comment.
http://www.regulations.gov/ biological catch recommendation from This action is exempt from review
#!docketDetail;D=NOAA-NMFS-2016- its Scientific and Statistical Committee, under Executive Order 12866.
0112, click the ‘‘Comment Now!’’ icon, and input from the public. An update to
complete the required fields, and enter the 2011 NMFS bottomfish stock Certification of Finding of No
or attach your comments. assessment estimated the overfishing Significant Impact on Substantial
• Mail: Send written comments to limit for the MHI Deep 7 bottomfish Number of Small Entities
Michael D. Tosatto, Regional stock complex to be 352,000 lb, which The Chief Counsel for Regulation of
Administrator, NMFS Pacific Islands is 31,000 lb less than the estimated the Department of Commerce certified
Region (PIR), 1845 Wasp Blvd. Bldg. overfishing limit in the 2011 stock to the Chief Counsel for Advocacy of the
176, Honolulu, HI 96818. assessment. Based on this update, the Small Business Administration that
Instructions: NMFS may not consider Council recommended a three-year these proposed specifications, if
comments sent by any other method, to phased reduction of the ACL. NMFS adopted, would not have a significant
any other address or individual, or prepared an environmental assessment economic impact on a substantial
received after the end of the comment dated March 17, 2016, of the Council’s number of small entities. A description
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period. All comments received are a three-year phased reduction of the ACL of the action, why it is being considered,
part of the public record and will (‘‘Specification of Annual Catch Limits and the legal basis for it are contained
generally be posted for public viewing and Accountability Measures for Main in the preamble to these proposed
on www.regulations.gov without change. Hawaiian Islands Deep 7 Bottomfish specifications.
All personal identifying information Fisheries in Fishing Years 2015–16, NMFS proposes to specify an annual
(e.g., name, address, etc.), confidential 2016–17, and 2017–18’’), which is catch limit (ACL) of 318,000 lb for Main
business information, or otherwise available from www.regulations.gov. Hawaiian Islands (MHI) Deep 7
sensitive information submitted The proposed ACL of 318,000 lb for bottomfish for the 2016–17 fishing year,
voluntarily by the sender will be 2016–17 is the second annual reduction as recommended by the Western Pacific
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![75804 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Proposed Rules
Fishery Management Council (Council). among the universe of vessels based on the event that 2016–17 catch does not
NMFS monitors MHI Deep 7 bottomfish gear, home port, or vessel length. reach 318,000 lb, the ACL will decrease
catches based on data provided by As for revenues earned by fishermen by 12,000 lb for the 2017–2018 fishing
commercial fishermen to the State of from MHI Deep 7 bottomfish, State of year, as set by the multi-year
Hawaii. If and when the fishery is Hawaii records report 328 of the 368 specification. Second, if the fishery
projected to reach this limit, NMFS, as fishermen sold their MHI Deep 7 exceeds the ACL for the 2016–17 fishing
an accountability measure (AM), would bottomfish catch. These 328 individuals year, NMFS would reduce the MHI
close the commercial and non- sold a combined total of 240,183 lb (92.5 Deep 7 bottomfish ACL for the 2017–18
commercial fisheries for MHI Deep 7 percent of reported catch) at a value of fishing year by the amount of the
bottomfish for the remainder of the $1,716,313. Based on these revenues, overage, in addition to the 12,000 lb
fishing year. The proposed ACL is 8,000 the average price for MHI Deep 7 reduction for the 2017–18 fishing year.
lb less than the ACL NMFS bottomfish in 2015–16 was The last possible scenario is one where
implemented for the 2015–16 fishing approximately $7.15/lb. NMFS assumes NMFS would prepare a new stock
year, and 28,000 lb less than the ACL that the remaining 40 commercial assessment or update that NMFS and
that NMFS implemented for 2011–12, fishermen either sold no Deep 7 the Council would use to set a new
2012–13, 2013–14, and 2014–15. The bottomfish or the State of Hawaii 2017–2018 ACL (without inclusion of
AM will remain the same. Over the past reporting program did not capture their any overage, even if catch exceeds ACL
five fishing seasons, highest reported sales. for the 2016–17 fishing year), although
annual landings, 309,485 lb, occurred Assuming the fishery attains the ACL this is unlikely, since NMFS plans to
during the 2013–2014 fishing year. of 318,000 in 2016–17, and using the undertake the next stock assessment in
NMFS does not expect the fishery to 2015–16 average price of $7.15/lb, the 2018.
reach the limit during the 2016–17 potential fleet wide revenue during
2016–17 is expected to be $2,273,700 (or Even though this proposed
fishing year, which began September 1, specification would apply to a
2016, and ends August 31, 2017. approximately $2,103,173 under the
assumption that 92.5 percent of catch is substantial number of vessels, i.e., 100
This rule would affect participants in sold). If the same number of fishermen percent of the bottomfish fleet, NMFS
the commercial and non-commercial sell MHI Deep 7 bottomfish in 2016–17 does not expect the rule will have a
fisheries for MHI Deep 7 bottomfish. as in 2015–16, each of these 328 significantly adverse economic impact
During the 2015–16 fishing year, 368 commercial fishermen could potentially to individual vessels. Landings
fishermen reported landing 259,530 lb sell an average of 970 lb of Deep 7 information from the past five fishing
of MHI Deep 7 bottomfish. Based on bottomfish valued at $6,932, if all Deep years, suggest that Deep 7 bottomfish
available information, NMFS has 7 bottomfish caught were sold. If 92.5 landings are not likely to exceed the
determined that all vessels in the percent of all Deep 7 bottomfish that ACL proposed for 2016–17. Therefore,
commercial and non-commercial had been caught had been sold, then pursuant to the Regulatory Flexibility
fisheries for MHI Deep 7 bottomfish are these 328 commercial fishermen could Act, this proposed action would not
small entities under the Small Business potentially sell an average of 897 lb of have a significant economic impact on
Administration’s definition of a small Deep 7 bottomfish valued at about a substantial number of small entities.
entity. That is, they are engaged in the $6,412. As a result, an initial regulatory
business of fish harvesting, In general, the relative importance of flexibility analysis is not required and
independently owned or operated, not MHI bottomfish to commercial none has been prepared.
dominant in their field of operation, and participants as a percentage of overall Authority: 16 U.S.C. 1801 et seq.
have annual gross receipts not in excess fishing or household income is
of $11 million, the small business size unknown, as the total suite of fishing Dated: October 26, 2016.
standard for commercial fishing (NAICS and other income-generating activities Samuel D. Rauch III,
Code: 11411). Therefore, there would be by individual operations across the year Deputy Assistant Administrator for
no disproportionate economic impacts has not been examined. Regulatory Programs, National Marine
between large and small entities. In terms of scenarios immediately Fisheries Service.
Furthermore, there would be no beyond the 2016–17 fishing year, three [FR Doc. 2016–26323 Filed 10–31–16; 8:45 am]
disproportionate economic impacts possible outcomes may occur. First, in BILLING CODE 3510–22–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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Document Created: 2016-11-01 02:35:57
Document Modified: 2016-11-01 02:35:57
| 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 November 16, 2016. | |
| Contact | Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173. | |
| FR Citation | 81 FR 75803 | |
| RIN Number | 0648-XE80 |
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