82 FR 24092 - Pacific Island Fisheries; 2017-18 Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 100 (May 25, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 100 (May 25, 2017)
| Page Range | 24092-24094 | |
| FR Document | 2017-10704 |
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)] [Proposed Rules] [Pages 24092-24094] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10704] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 170330338-7470-01] RIN 0648-XF335 Pacific Island Fisheries; 2017-18 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 306,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2017-18 fishing year, which will begin on September 1, 2017, and end on August 31, 2018. If NMFS projects that the [[Page 24093]] fishery will reach the ACL, 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 June 9, 2017. ADDRESSES: You may submit comments on the proposed 2017-18 ACL, identified by NOAA-NMFS-2017-0033, 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-2017-0033, 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). 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). The regulations at 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. NMFS proposes to specify an ACL of 306,000 lb of Deep 7 bottomfish in the MHI for the 2017-18 fishing year. The Council recommended the proposed ACL, based on a 2011 bottomfish stock assessment updated in 2015 with three additional years of data, and taking into consideration the risk of overfishing, past fishery performance, the acceptable biological catch recommendation from its Scientific and Statistical Committee, and input from the public. This 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 (available at www.regulations.gov), of the Council's three-year phased reduction of the ACL (entitled ``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''). The proposed ACL of 306,000 lb for 2017-18 is the third annual reduction in this phased approach, and is 12,000 lb less than the ACL that NMFS specified last year (82 FR 5429, January 18, 2017). The ACL is associated with a 39-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). As an additional AM, in the event that NMFS and the Council determine that the final 2017-18 Deep 7 bottomfish catch exceeds the ACL, NMFS would reduce the Deep 7 bottomfish ACL for the 2018-19 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 2017-18 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 ACL of 306,000 lb for MHI Deep 7 bottomfish, as recommended by the Council, for the 2017-18 fishing year, which will begin on September 1, 2017, and end on August 31, 2018. NMFS monitors MHI Deep 7 bottomfish catches based on data provided by commercial fishermen to the State of Hawaii. If NMFS projects that 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 AM. The proposed ACL is 12,000 lb less than the ACL that NMFS implemented for the 2016-17 fishing year, 20,000 lb less than the ACL that NMFS implemented for the 2015-16 fishing year, and 40,000 lb less than the ACL that NMFS implemented in each of the four fishing years, 2011-12, 2012-13, 2013-14, and 2014-15. The AM would remain the same. Over the past five fishing seasons, the highest reported annual landings, 309,485 lb, occurred during the 2013- 14 fishing year. NMFS does not expect that the fishery would reach the limit during the 2017-18 fishing year. Additionally, the proposed AM would allow NMFS to close the fishery to prevent the fishery from exceeding the proposed ACL. NMFS is preparing a new stock [[Page 24094]] assessment that would account for fishery performance in previous years, which NMFS and the Council would consider in recommending an ACL for fishing year 2018-2019. This rule would affect commercial and non-commercial fishermen who catch MHI Deep 7 bottomfish. Specifically, during the 2015-16 fishing year, 368 fishermen reported landing 259,530 lb of MHI Deep 7 bottomfish. With regard to the 2016-17 fishing year, which is currently underway, as of March 28, 2017, 302 fishermen have caught 180,951 lb of Deep 7 bottomfish, which represents 57% of the 2016-17 ACL for Deep 7 bottomfish. For Regulatory Flexibility Act purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million or all its affiliated operations worldwide. Based on available information, NMFS has determined that all affected entities--vessels in the commercial and non-commercial fisheries for MHI Deep 7 bottomfish--are small entities under the NMFS standard, as 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. 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 that 328 of the 368 fishermen sold their MHI Deep 7 bottomfish catch during the 2015-16 fishing year. 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 assumed that either the remaining 40 commercial fishermen sold no Deep 7 bottomfish, or the State of Hawaii reporting program did not capture their sales. With regard to the 2016-17 fishing year currently underway, as of March 28, 2016, revenues from sales of Deep 7 bottomfish totaled $1,138,531 from 147,274 lb sold, yielding an average price of $7.73 per lb. Assuming the fishery attains the ACL of 306,000 in 2017-18, and using the 2015-16 average price of $7.15/lb, NMFS expects the potential fleet wide revenue during 2017-18 to be $2,187,900 (or approximately $2,023,808 under the assumption that 92.5 percent of catch is sold). If Deep 7 bottomfish catch reached the ACL during the 2017-18 fishing year and all catch were to be sold by the same number of fishermen with sales during 2015-16, each of these 328 commercial fishermen could potentially earn on average $6,671 from the sale of 933 lb of Deep 7 bottomfish. If the fishery reaches the ACL, with 92.5 percent of all Deep 7 bottomfish catch to be sold, then these 328 commercial fishermen would sell an average of 863 lb of Deep 7 bottomfish valued at about $6,171, which is well below the $11 million threshold. 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. Even though this proposed specification would apply to a substantial number of vessels, i.e., 100 percent of the bottomfish fleet, as NMFS does not expect this rule to have a significantly adverse economic impact on 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 2017-18. 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: May 19, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-10704 Filed 5-24-17; 8:45 am] BILLING CODE 3510-22-P
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(5) April 15 through April 30. Each regulations may not fish in the possession limits, may be implemented
person on a charter or party fishing boat Nantucket Lightship Closed Area in a manner consistent with the
permitted under this part, and not specified in § 648.81(c)(1) unless the Administrative Procedure Act, with
fishing under the NE multispecies DAS vessel has on board a letter of final measures published in the Federal
program or on a sector trip, fishing from authorization issued by the Regional Register no later than January when
April 15 through April 30, may possess Administrator pursuant to possible. Separate AMs shall be
no more than 12 haddock per day in, or § 648.81(c)(2)(iii) and paragraph (e)(3) of developed for the private and charter/
harvested from, the EEZ when fishing in this section. party components of the recreational
the GOM Regulated Mesh Area specified (3) Letters of authorization. To obtain fishery.
in § 648.80(a)(1). either of the letters of authorization (3) Proactive AM adjustment. When
(iii) For purposes of counting fish, specified in paragraphs (e)(1) and (2) of necessary, the Regional Administrator,
fillets will be converted to whole fish at this section, a vessel owner must after consultation with the New England
the place of landing by dividing the request a letter from the NMFS Greater Fishery Management Council, may
number of fillets by two. If fish are Atlantic Regional Fisheries Office, adjust recreational measures to ensure
filleted into a single (butterfly) fillet, either in writing or by phone (see Table the recreational fishery achieves, but
such fillet shall be deemed to be from 1 to 50 CFR 600.502). As a condition of does not exceed any recreational fishery
one whole fish. these letters of authorization, the vessel sub-ACL in a future fishing year.
(iv) Haddock harvested in or from the owner must agree to the following: Appropriate AMs for the recreational
EEZ by private recreational fishing boats (i) The letter of authorization must be fishery, including adjustments to fishing
or charter or party boats with more than carried on board the vessel during the season, minimum fish size, or
one person aboard may be pooled in one period of participation; possession limits, may be implemented
or more containers. Compliance with (ii) Fish species managed by the in a manner consistent with the
the possession limit will be determined NEFMC or MAFMC that are harvested Administrative Procedure Act, with
by dividing the number of fish on board or possessed by the vessel, are not sold final measures published in the Federal
or intended for trade, barter or sale, Register prior to the start of the fishing
by the number of persons on board. If
regardless of where the fish are caught;
there is a violation of the possession year where possible. In specifying these
(iii) The vessel has no gear other than
limit on board a vessel carrying more AMs, the Regional Administrator shall
rod and reel or handline gear on board;
than one person, the violation shall be and take into account the non-binding
deemed to have been committed by the (iv) For the GOM charter/party closed prioritization of possible measures
owner or operator of the vessel. area exemption only, the vessel may not recommended by the Council: For cod,
(v) Haddock must be stored so as to fish on a sector trip, under a NE first increases to minimum fish sizes,
be readily available for inspection. multispecies DAS, or under the then adjustments to seasons, followed
* * * * * provisions of the NE multispecies Small by changes to bag limits; and for
(e) Charter/party vessel restrictions on Vessel Category or Handgear A or haddock, first increases to minimum
fishing in GOM closed areas and the Handgear B permit categories, as size limits, then changes to bag limits,
Nantucket Lightship Closed Area—(1) specified at § 648.82, during the period and then adjustments to seasons.
GOM Closed Areas. (i) A vessel fishing of participation. [FR Doc. 2017–10703 Filed 5–24–17; 8:45 am]
under charter/party regulations may not (f) Recreational fishery AM—(1) Catch BILLING CODE 3510–22–P
fish in the GOM closed areas specified evaluation. As soon as recreational
in § 648.81(d)(1), (e)(1), and (f)(4) during catch data are available for the entire
the time periods specified in those previous fishing year, the Regional DEPARTMENT OF COMMERCE
paragraphs, unless the vessel has on Administrator will evaluate whether
board a valid letter of authorization recreational catches exceed any of the National Oceanic and Atmospheric
issued by the Regional Administrator sub-ACLs specified for the recreational Administration
pursuant to § 648.81(f)(5)(v) and fishery pursuant to § 648.90(a)(4). When
paragraph (e)(3) of this section. If the evaluating recreational catch, the 50 CFR Part 665
vessel fishes or intends to fish in the components of recreational catch that [Docket No. 170330338–7470–01]
GOM cod protection closures, the are used shall be the same as those used
conditions and restrictions of the letter RIN 0648–XF335
in the most recent assessment for that
of authorization must be complied with particular stock. To determine if any Pacific Island Fisheries; 2017–18
for a minimum of 3 months. If the vessel sub-ACL specified for the recreational Annual Catch Limit and Accountability
fishes or intends to fish in the year- fishery was exceeded, the Regional Measures; Main Hawaiian Islands Deep
round GOM closure areas, the Administrator shall compare the 3-year 7 Bottomfish
conditions and restrictions of the letter average of recreational catch to the 3-
of authorization must be complied with year average of the recreational sub-ACL AGENCY: National Marine Fisheries
for the rest of the fishing year, beginning for each stock. Service (NMFS), National Oceanic and
with the start of the participation period (2) Reactive AM adjustment. If it is Atmospheric Administration (NOAA),
of the letter of authorization. determined that any recreational sub- Commerce.
(ii) A vessel fishing under charter/ ACL was exceeded, as specified in ACTION: Proposed specifications; request
party regulations may not fish in the paragraph (f)(1) of this section, the for comments.
GOM Cod Spawning Protection Area Regional Administrator, after
specified at § 648.81(n)(1) during the consultation with the NEFMC, shall SUMMARY: NMFS proposes to specify an
time period specified in that paragraph, develop measures necessary to prevent annual catch limit (ACL) of 306,000 lb
unless the vessel complies with the the recreational fishery from exceeding for Deep 7 bottomfish in the main
requirements specified at the appropriate sub-ACL in future years. Hawaiian Islands (MHI) for the 2017–18
§ 648.81(n)(2)(iii). Appropriate AMs for the recreational fishing year, which will begin on
(2) Nantucket Lightship Closed Area. fishery, including adjustments to fishing September 1, 2017, and end on August
A vessel fishing under charter/party season, minimum fish size, or 31, 2018. If NMFS projects that the
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assessment that would account for impacts between large and small reaches the ACL, with 92.5 percent of
fishery performance in previous years, entities. Furthermore, there would be no all Deep 7 bottomfish catch to be sold,
which NMFS and the Council would disproportionate economic impacts then these 328 commercial fishermen
consider in recommending an ACL for among the universe of vessels based on would sell an average of 863 lb of Deep
fishing year 2018–2019. gear, home port, or vessel length. 7 bottomfish valued at about $6,171,
This rule would affect commercial As for revenues earned by fishermen which is well below the $11 million
and non-commercial fishermen who from MHI Deep 7 bottomfish, State of threshold.
catch MHI Deep 7 bottomfish. Hawaii records report that 328 of the
In general, the relative importance of
Specifically, during the 2015–16 fishing 368 fishermen sold their MHI Deep 7
MHI bottomfish to commercial
year, 368 fishermen reported landing bottomfish catch during the 2015–16
participants as a percentage of overall
259,530 lb of MHI Deep 7 bottomfish. fishing year. These 328 individuals sold
fishing or household income is
With regard to the 2016–17 fishing year, a combined total of 240,183 lb (92.5
unknown, as the total suite of fishing
which is currently underway, as of percent of reported catch) at a value of
and other income-generating activities
March 28, 2017, 302 fishermen have $1,716,313. Based on these revenues,
by individual operations across the year
caught 180,951 lb of Deep 7 bottomfish, the average price for MHI Deep 7
has not been examined.
which represents 57% of the 2016–17 bottomfish in 2015–16 was
ACL for Deep 7 bottomfish. For approximately $7.15/lb. NMFS assumed Even though this proposed
Regulatory Flexibility Act purposes that either the remaining 40 commercial specification would apply to a
only, NMFS has established a small fishermen sold no Deep 7 bottomfish, or substantial number of vessels, i.e., 100
business size standard for businesses, the State of Hawaii reporting program percent of the bottomfish fleet, as NMFS
including their affiliates, whose primary did not capture their sales. With regard does not expect this rule to have a
industry is commercial fishing (see 50 to the 2016–17 fishing year currently significantly adverse economic impact
CFR 200.2). A business primarily underway, as of March 28, 2016, on individual vessels. Landings
engaged in commercial fishing (NAICS revenues from sales of Deep 7 information from the past five fishing
code 11411) is classified as a small bottomfish totaled $1,138,531 from years suggest that Deep 7 bottomfish
business if it is independently owned 147,274 lb sold, yielding an average landings are not likely to exceed the
and operated, is not dominant in its price of $7.73 per lb. ACL proposed for 2017–18. Therefore,
field of operation (including its Assuming the fishery attains the ACL pursuant to the Regulatory Flexibility
affiliates), and has combined annual of 306,000 in 2017–18, and using the Act, this proposed action would not
receipts not in excess of $11 million or 2015–16 average price of $7.15/lb, have a significant economic impact on
all its affiliated operations worldwide. NMFS expects the potential fleet wide a substantial number of small entities.
Based on available information, revenue during 2017–18 to be As a result, an initial regulatory
NMFS has determined that all affected $2,187,900 (or approximately flexibility analysis is not required, and
entities—vessels in the commercial and $2,023,808 under the assumption that none has been prepared.
non-commercial fisheries for MHI Deep 92.5 percent of catch is sold). If Deep 7 Authority: 16 U.S.C. 1801 et seq.
7 bottomfish—are small entities under bottomfish catch reached the ACL
the NMFS standard, as they are engaged during the 2017–18 fishing year and all Dated: May 19, 2017.
in the business of fish harvesting, catch were to be sold by the same Alan D. Risenhoover,
independently owned or operated, not number of fishermen with sales during Acting Deputy Assistant Administrator for
dominant in their field of operation, and 2015–16, each of these 328 commercial Regulatory Programs, National Marine
have annual gross receipts not in excess fishermen could potentially earn on Fisheries Service.
of $11 million. Therefore, there would average $6,671 from the sale of 933 lb [FR Doc. 2017–10704 Filed 5–24–17; 8:45 am]
be no disproportionate economic of Deep 7 bottomfish. If the fishery BILLING CODE 3510–22–P
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Document Created: 2018-11-08 08:52:55
Document Modified: 2018-11-08 08:52:55
| 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 June 9, 2017. | |
| Contact | Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173. | |
| FR Citation | 82 FR 24092 | |
| RIN Number | 0648-XF33 |
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