81_FR_8919 81 FR 8884 - Pacific Island Fisheries; 2015-16 Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish

81 FR 8884 - Pacific Island Fisheries; 2015-16 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 35 (February 23, 2016)

Page Range8884-8885
FR Document2016-03673

NMFS proposes to specify an annual catch limit (ACL) of 326,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2015-16 fishing year, which began on September 1, 2015, and ends on August 31, 2016. If the ACL is projected to be reached, as an accountability measure (AM), NMFS would close the commercial and non- commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The proposed ACL and AM support the long-term sustainability of Hawaii bottomfish.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Proposed Rules]
[Pages 8884-8885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03673]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 150715616-6097-01]
RIN 0648-XE062


Pacific Island Fisheries; 2015-16 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 
326,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for 
the 2015-16 fishing year, which began on September 1, 2015, and ends on 
August 31, 2016. If the ACL is projected to be reached, as an 
accountability measure (AM), NMFS would close the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish for the remainder of the 
fishing year. The proposed ACL and AM support the long-term 
sustainability of Hawaii bottomfish.

DATES: NMFS must receive comments by March 9, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0090, 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-2015-0090, 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).

FOR FURTHER INFORMATION CONTACT: Matt Dunlap, NMFS PIR Sustainable 
Fisheries, 808-725-5177.

SUPPLEMENTARY INFORMATION: The bottomfish fishery in Federal waters 
around Hawaii is managed under the Fishery Ecosystem Plan for the 
Hawaiian Archipelago (Hawaii FEP), developed by the Western Pacific 
Fishery Management Council (Council) and implemented by NMFS under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). The regulations at Title 50, Code of 
Federal Regulations, Part 665 (50 CFR 665.4) require 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 326,000 lb of Deep 7 bottomfish 
in the MHI for the 2015-16 fishing year. The Council recommended the 
ACL at its 163rd meeting held in June 2015. The proposed specification 
is 20,000 lb less than the ACL that NMFS specified for the past four 
consecutive fishing years (i.e., 2011-12, 2012-13, 2013-14, and 2014-
15). 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 2015-16 Deep 7 bottomfish 
catch exceeds the ACL, NMFS would reduce the Deep 7 bottomfish ACL for 
the 2015-16 fishing year by the amount of the overage. The fishery did 
not attain the specified ACL in fishing years from September 2011 to 
August 2015, and NMFS does not anticipate the fishery will attain the 
limit in the current fishing year, which began on September 1, 2015, 
and ends on August 31, 2016.
    The Council recommended the ACL and AMs based on a 2011 NMFS 
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 (ABC) recommendation from 
its Scientific and

[[Page 8885]]

Statistical Committee (SSC), and input from the public. The 2011 NMFS 
bottomfish stock assessment updated with three additional years of data 
estimates the overfishing limit (OFL) for the MHI Deep 7 bottomfish 
stock complex to be 352,000 lb. The proposed ACL of 326,000 lb is equal 
to the SSC's ABC recommendation, and is associated with a 44-percent 
probability of overfishing. This risk level is more conservative than 
the 50-percent risk threshold allowed under NMFS guidelines for 
National Standard 1 of the Magnuson-Stevens Act.
    NMFS does not expect the proposed ACL and AM specifications for 
2015-16 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.
    To be considered, NMFS must receive any comments on these proposed 
specifications by March 9, 2016, not postmarked or otherwise 
transmitted by that date.

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 326,000 lb 
for Main Hawaiian Islands (MHI) Deep 7 bottomfish for the 2015-16 
fishing year, as recommended by the Western Pacific 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 20,000 lb less than those that NMFS 
implemented for the previous four fishing years, while the AM will 
remain the same. Over the past four fishing seasons, the highest 
reported annual landings, 309,485 lb, occurred during the 2013-2014 
fishing year. NMFS does not expect the fishery to reach the proposed 
ACL in the 2015-16 fishing year, which began on September 1, 2015, and 
will end on August 31, 2016.
    This rule would affect participants in the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish. During the 2014-15 
fishing year, 405 fishermen reported landing 303,738 lb of Deep 7 
bottomfish (http://www.wpcouncil.org/wp-content/uploads/2013/04/MHI201500904_1415_Sum.pdf, accessed September 11, 2015). 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 
$20.5 million, the small business size standard for finfish fishing 
(NAICS Code: 114111). Therefore, there would be no disproportionate 
economic impacts between large and small entities. Furthermore, there 
are 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 Deep 7 bottomfish, State 
of Hawaii records report 341 of the 405 fishermen sold their Deep 7 
bottomfish catch. These 341 individuals sold a combined total of 
267,997 lb (88.2% of reported catch) at a value of $1,815,332. Based on 
these revenues, the average price for MHI Deep 7 bottomfish in 2014-15 
was approximately $6.77/lb. NMFS assumes the remaining 64 commercial 
fishermen either sold no Deep 7 bottomfish or that the State of Hawaii 
reporting program did not capture their sales.
    Assuming the fishery attains the ACL of 326,000 in 2015-16, using 
the 2014-15 average price of $6.77/lb, the potential fleet wide revenue 
during 2015-16 is expected to be $2,207,020 ($1,946,592 under the 
assumption that 88.2% of catch is sold). If the same number of 
fishermen sell MHI Deep 7 bottomfish in 2015-16 as in 2014-15, each of 
these 341 commercial fishermen could potentially sell an average of 956 
lb of Deep 7 bottomfish valued at $6,472, if all Deep 7 bottomfish 
caught were sold. If 88.2% of all Deep 7 bottomfish that had been 
caught had been sold, then these 341 commercial fishermen could 
potentially sell an average of 843 lb of Deep 7 bottomfish valued at 
$5,708.
    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 2015-16 fishing year, 
three possible outcomes may occur. First, in the event that 2015-16 
catch does not reach 326,000 lb, the ACL will decrease by 8,000 lb for 
the 2016-2017 fishing year, as set by the multi-year specification. 
Second, if the fishery exceeds the ACL for the 2015-16 fishing year, 
NMFS would reduce the Deep 7 bottomfish ACL for the 2016-17 fishing 
year by the amount of the overage, in addition to the 8,000 lb 
reduction for the 2016-17 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 2016-2017 ACL (without inclusion 
of any overage, even if catch exceeds ACL for the 2015-16 fishing 
year), although this is unlikely, because 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 four fishing years, suggest that Deep 7 bottomfish landings are 
not likely to exceed the ACL proposed for 2015-16.
    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: February 12, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-03673 Filed 2-22-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                      8884                  Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Proposed Rules

                                                      Information Solicited                                   DEPARTMENT OF COMMERCE                                anonymous comments (enter ‘‘N/A’’ in
                                                                                                                                                                    the required fields if you wish to remain
                                                         To ensure that the status review is                  National Oceanic and Atmospheric                      anonymous).
                                                      based on the best available scientific                  Administration                                        FOR FURTHER INFORMATION CONTACT: Matt
                                                      and commercial data, we are soliciting                                                                        Dunlap, NMFS PIR Sustainable
                                                      information on whether the giant manta                  50 CFR Part 665                                       Fisheries, 808–725–5177.
                                                      ray and reef manta ray are endangered                                                                         SUPPLEMENTARY INFORMATION: The
                                                                                                              [Docket No. 150715616–6097–01]
                                                      or threatened. Specifically, we are                                                                           bottomfish fishery in Federal waters
                                                      soliciting information in the following                 RIN 0648–XE062
                                                                                                                                                                    around Hawaii is managed under the
                                                      areas: (1) Historical and current                                                                             Fishery Ecosystem Plan for the
                                                                                                              Pacific Island Fisheries; 2015–16
                                                      distribution and abundance of these                                                                           Hawaiian Archipelago (Hawaii FEP),
                                                                                                              Annual Catch Limit and Accountability
                                                      species throughout their respective                                                                           developed by the Western Pacific
                                                                                                              Measures; Main Hawaiian Islands Deep
                                                      ranges; (2) historical and current                                                                            Fishery Management Council (Council)
                                                                                                              7 Bottomfish
                                                      population trends; (3) life history in                                                                        and implemented by NMFS under the
                                                      marine environments, including                          AGENCY:  National Marine Fisheries                    authority of the Magnuson-Stevens
                                                      identified nursery grounds; (4) historical              Service (NMFS), National Oceanic and                  Fishery Conservation and Management
                                                      and current data on manta ray catch,                    Atmospheric Administration (NOAA),                    Act (Magnuson-Stevens Act). The
                                                      bycatch and retention in industrial,                    Commerce.                                             regulations at Title 50, Code of Federal
                                                      commercial, artisanal, and recreational                 ACTION: Proposed specifications; request              Regulations, Part 665 (50 CFR 665.4)
                                                      fisheries worldwide; (5) historical and                 for comments.                                         require NMFS to specify an ACL for
                                                      current data on manta ray discards in                                                                         MHI Deep 7 bottomfish each fishing
                                                                                                              SUMMARY:    NMFS proposes to specify an               year, based on a recommendation from
                                                      global fisheries; (6) data on the trade of
                                                                                                              annual catch limit (ACL) of 326,000 lb                the Council. The Deep 7 bottomfish are
                                                      manta ray products, including gill
                                                                                                              for Deep 7 bottomfish in the main                     onaga (Etelis coruscans), ehu (E.
                                                      rakers, meat, and skin; (7) any current                 Hawaiian Islands (MHI) for the 2015–16
                                                      or planned activities that may adversely                                                                      carbunculus), gindai (Pristipomoides
                                                                                                              fishing year, which began on September                zonatus), kalekale (P. sieboldii),
                                                      impact either of these species; (8) any                 1, 2015, and ends on August 31, 2016.
                                                      impacts of the manta ray tourism                                                                              opakapaka (P. filamentosus), lehi
                                                                                                              If the ACL is projected to be reached, as             (Aphareus rutilans), and hapuupuu
                                                      industry on manta ray behavior; (9)                     an accountability measure (AM), NMFS                  (Hyporthodus quernus).
                                                      ongoing or planned efforts to protect                   would close the commercial and non-                      NMFS proposes to specify an ACL of
                                                      and restore these species and their                     commercial fisheries for MHI Deep 7                   326,000 lb of Deep 7 bottomfish in the
                                                      habitats; (10) population structure                     bottomfish for the remainder of the                   MHI for the 2015–16 fishing year. The
                                                      information, such as genetics data; and                 fishing year. The proposed ACL and AM                 Council recommended the ACL at its
                                                      (11) management, regulatory, and                        support the long-term sustainability of               163rd meeting held in June 2015. The
                                                      enforcement information. We request                     Hawaii bottomfish.                                    proposed specification is 20,000 lb less
                                                      that all information be accompanied by:                 DATES: NMFS must receive comments                     than the ACL that NMFS specified for
                                                      (1) Supporting documentation such as                    by March 9, 2016.                                     the past four consecutive fishing years
                                                      maps, bibliographic references, or                      ADDRESSES: You may submit comments                    (i.e., 2011–12, 2012–13, 2013–14, and
                                                      reprints of pertinent publications; and                 on this document, identified by NOAA–                 2014–15). NMFS monitors Deep 7
                                                      (2) the submitter’s name, address, and                  NMFS–2015–0090, by either of the                      bottomfish catches based on data
                                                      any association, institution, or business               following methods:                                    provided by commercial fishermen to
                                                      that the person represents.                                • Electronic Submission: Submit all                the State of Hawaii. If NMFS projects
                                                                                                              electronic public comments via the                    the fishery will reach this limit, NMFS
                                                      References Cited                                        Federal e-Rulemaking Portal. Go to                    would close the commercial and non-
                                                        A complete list of references is                      http://www.regulations.gov/                           commercial fisheries for MHI Deep 7
                                                      available upon request to the Office of                 #!docketDetail;D=NOAA-NMFS-2015-                      bottomfish for the remainder of the
                                                      Protected Resources (see ADDRESSES).                    0090, click the ‘‘Comment Now!’’ icon,                fishing year, as an accountability
                                                                                                              complete the required fields, and enter               measure (AM). In addition, if NMFS and
                                                      Authority                                               or attach your comments.                              the Council determine that the final
                                                                                                                 • Mail: Send written comments to                   2015–16 Deep 7 bottomfish catch
                                                        The authority for this action is the                  Michael D. Tosatto, Regional                          exceeds the ACL, NMFS would reduce
                                                      Endangered Species Act of 1973, as                      Administrator, NMFS Pacific Islands                   the Deep 7 bottomfish ACL for the
                                                      amended (16 U.S.C. 1531 et seq.).                       Region (PIR), 1845 Wasp Blvd. Bldg.                   2015–16 fishing year by the amount of
                                                        Dated: February 16, 2016.                             176, Honolulu, HI 96818.                              the overage. The fishery did not attain
                                                      Samuel D. Rauch, III,                                      Instructions: NMFS may not consider                the specified ACL in fishing years from
                                                                                                              comments sent by any other method, to                 September 2011 to August 2015, and
                                                      Deputy Assistant Administrator for
                                                                                                              any other address or individual, or                   NMFS does not anticipate the fishery
                                                      Regulatory Programs, National Marine
                                                      Fisheries Service.
                                                                                                              received after the end of the comment                 will attain the limit in the current
                                                                                                              period. All comments received are a                   fishing year, which began on September
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      [FR Doc. 2016–03638 Filed 2–22–16; 8:45 am]
                                                                                                              part of the public record and will                    1, 2015, and ends on August 31, 2016.
                                                      BILLING CODE 3510–22–P                                  generally be posted for public viewing                   The Council recommended the ACL
                                                                                                              on www.regulations.gov without change.                and AMs based on a 2011 NMFS
                                                                                                              All personal identifying information                  bottomfish stock assessment updated
                                                                                                              (e.g., name, address, etc.), confidential             with three additional years of data, and
                                                                                                              business information, or otherwise                    in consideration of the risk of
                                                                                                              sensitive information submitted                       overfishing, past fishery performance,
                                                                                                              voluntarily by the sender will be                     the acceptable biological catch (ABC)
                                                                                                              publicly accessible. NMFS will accept                 recommendation from its Scientific and


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                                                                            Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Proposed Rules                                                 8885

                                                      Statistical Committee (SSC), and input                  an accountability measure (AM), would                 each of these 341 commercial fishermen
                                                      from the public. The 2011 NMFS                          close the commercial and non-                         could potentially sell an average of 956
                                                      bottomfish stock assessment updated                     commercial fisheries for MHI Deep 7                   lb of Deep 7 bottomfish valued at
                                                      with three additional years of data                     bottomfish for the remainder of the                   $6,472, if all Deep 7 bottomfish caught
                                                      estimates the overfishing limit (OFL) for               fishing year. The proposed ACL is                     were sold. If 88.2% of all Deep 7
                                                      the MHI Deep 7 bottomfish stock                         20,000 lb less than those that NMFS                   bottomfish that had been caught had
                                                      complex to be 352,000 lb. The proposed                  implemented for the previous four                     been sold, then these 341 commercial
                                                      ACL of 326,000 lb is equal to the SSC’s                 fishing years, while the AM will remain               fishermen could potentially sell an
                                                      ABC recommendation, and is associated                   the same. Over the past four fishing                  average of 843 lb of Deep 7 bottomfish
                                                      with a 44-percent probability of                        seasons, the highest reported annual                  valued at $5,708.
                                                      overfishing. This risk level is more                    landings, 309,485 lb, occurred during                    In general, the relative importance of
                                                      conservative than the 50-percent risk                   the 2013–2014 fishing year. NMFS does                 MHI bottomfish to commercial
                                                      threshold allowed under NMFS                            not expect the fishery to reach the                   participants as a percentage of overall
                                                      guidelines for National Standard 1 of                   proposed ACL in the 2015–16 fishing                   fishing or household income is
                                                      the Magnuson-Stevens Act.                               year, which began on September 1,                     unknown, as the total suite of fishing
                                                         NMFS does not expect the proposed                    2015, and will end on August 31, 2016.                and other income-generating activities
                                                      ACL and AM specifications for 2015–16                      This rule would affect participants in             by individual operations across the year
                                                      to result in a change in fishing                        the commercial and non-commercial                     has not been examined.
                                                      operations or other changes to the                      fisheries for MHI Deep 7 bottomfish.                     In terms of scenarios immediately
                                                      conduct of the fishery that would result                During the 2014–15 fishing year, 405
                                                                                                                                                                    beyond the 2015–16 fishing year, three
                                                      in significant environmental impacts.                   fishermen reported landing 303,738 lb
                                                                                                                                                                    possible outcomes may occur. First, in
                                                      After considering public comments on                    of Deep 7 bottomfish (http://
                                                                                                                                                                    the event that 2015–16 catch does not
                                                      the proposed ACL and AMs, NMFS will                     www.wpcouncil.org/wp-content/
                                                                                                                                                                    reach 326,000 lb, the ACL will decrease
                                                      publish the final specifications.                       uploads/2013/04/MHI201500904_1415_
                                                                                                                                                                    by 8,000 lb for the 2016–2017 fishing
                                                         To be considered, NMFS must receive                  Sum.pdf, accessed September 11, 2015).
                                                                                                                                                                    year, as set by the multi-year
                                                      any comments on these proposed                          Based on available information, NMFS
                                                                                                                                                                    specification. Second, if the fishery
                                                      specifications by March 9, 2016, not                    has determined that all vessels in the
                                                                                                                                                                    exceeds the ACL for the 2015–16 fishing
                                                      postmarked or otherwise transmitted by                  commercial and non-commercial
                                                                                                                                                                    year, NMFS would reduce the Deep 7
                                                      that date.                                              fisheries for MHI Deep 7 bottomfish are
                                                                                                              small entities under the Small Business               bottomfish ACL for the 2016–17 fishing
                                                      Classification                                          Administration’s definition of a small                year by the amount of the overage, in
                                                        Pursuant to section 304(b)(1)(A) of the               entity. That is, they are engaged in the              addition to the 8,000 lb reduction for
                                                      Magnuson-Stevens Act, the NMFS                          business of fish harvesting,                          the 2016–17 fishing year. The last
                                                      Assistant Administrator for Fisheries                   independently owned or operated, not                  possible scenario is one where NMFS
                                                      has determined that this proposed                       dominant in their field of operation, and             would prepare a new stock assessment
                                                      specification is consistent with the                    have annual gross receipts not in excess              or update that NMFS and the Council
                                                      Hawaii FEP, other provisions of the                     of $20.5 million, the small business size             would use to set a new 2016–2017 ACL
                                                      Magnuson-Stevens Act, and other                         standard for finfish fishing (NAICS                   (without inclusion of any overage, even
                                                      applicable laws, subject to further                     Code: 114111). Therefore, there would                 if catch exceeds ACL for the 2015–16
                                                      consideration after public comment.                     be no disproportionate economic                       fishing year), although this is unlikely,
                                                        This action is exempt from review                     impacts between large and small                       because NMFS plans to undertake the
                                                      under Executive Order 12866.                            entities. Furthermore, there are would                next stock assessment in 2018.
                                                                                                              be no disproportionate economic                          Even though this proposed
                                                      Certification of Finding of No                                                                                specification would apply to a
                                                                                                              impacts among the universe of vessels
                                                      Significant Impact on Substantial                                                                             substantial number of vessels, i.e., 100
                                                                                                              based on gear, home port, or vessel
                                                      Number of Small Entities                                                                                      percent of the bottomfish fleet, NMFS
                                                                                                              length.
                                                        The Chief Counsel for Regulation of                      As for revenues earned by fishermen                does not expect the rule will have a
                                                      the Department of Commerce certified                    from Deep 7 bottomfish, State of Hawaii               significantly adverse economic impact
                                                      to the Chief Counsel for Advocacy of the                records report 341 of the 405 fishermen               to individual vessels. Landings
                                                      Small Business Administration that                      sold their Deep 7 bottomfish catch.                   information from the past four fishing
                                                      these proposed specifications, if                       These 341 individuals sold a combined                 years, suggest that Deep 7 bottomfish
                                                      adopted, would not have a significant                   total of 267,997 lb (88.2% of reported                landings are not likely to exceed the
                                                      economic impact on a substantial                        catch) at a value of $1,815,332. Based on             ACL proposed for 2015–16.
                                                      number of small entities. A description                 these revenues, the average price for                    Therefore, pursuant to the Regulatory
                                                      of the action, why it is being considered,              MHI Deep 7 bottomfish in 2014–15 was                  Flexibility Act, this proposed action
                                                      and the legal basis for it are contained                approximately $6.77/lb. NMFS assumes                  would not have a significant economic
                                                      in the preamble to these proposed                       the remaining 64 commercial fishermen                 impact on a substantial number of small
                                                      specifications.                                         either sold no Deep 7 bottomfish or that              entities. As a result, an initial regulatory
                                                        NMFS proposes to specify an annual                    the State of Hawaii reporting program                 flexibility analysis is not required and
                                                      catch limit (ACL) of 326,000 lb for Main                did not capture their sales.                          none has been prepared.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Hawaiian Islands (MHI) Deep 7                              Assuming the fishery attains the ACL
                                                                                                                                                                       Authority: 16 U.S.C. 1801 et seq.
                                                      bottomfish for the 2015–16 fishing year,                of 326,000 in 2015–16, using the 2014–
                                                      as recommended by the Western Pacific                   15 average price of $6.77/lb, the                       Dated: February 12, 2016.
                                                      Fishery Management Council (Council).                   potential fleet wide revenue during                   Samuel D. Rauch III,
                                                      NMFS monitors MHI Deep 7 bottomfish                     2015–16 is expected to be $2,207,020                  Deputy Assistant Administrator for
                                                      catches based on data provided by                       ($1,946,592 under the assumption that                 Regulatory Programs, National Marine
                                                      commercial fishermen to the State of                    88.2% of catch is sold). If the same                  Fisheries Service.
                                                      Hawaii. If and when the fishery is                      number of fishermen sell MHI Deep 7                   [FR Doc. 2016–03673 Filed 2–22–16; 8:45 am]
                                                      projected to reach this limit, NMFS, as                 bottomfish in 2015–16 as in 2014–15,                  BILLING CODE 3510–22–P




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Document Created: 2018-02-02 14:33:49
Document Modified: 2018-02-02 14:33:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed specifications; request for comments.
DatesNMFS must receive comments by March 9, 2016.
ContactMatt Dunlap, NMFS PIR Sustainable Fisheries, 808-725-5177.
FR Citation81 FR 8884 
RIN Number0648-XE06

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