82 FR 29778 - 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 125 (June 30, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 125 (June 30, 2017)
| Page Range | 29778-29779 | |
| FR Document | 2017-13681 |
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)] [Rules and Regulations] [Pages 29778-29779] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13681] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 170330338-7585-02] 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: Final specifications. ----------------------------------------------------------------------- SUMMARY: NMFS specifies 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 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 ACL and AM support the long-term sustainability of Hawaii bottomfish. DATES: The final specifications are effective from July 31, 2017, through August 31, 2018. ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian Archipelago are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel. 808-522-8220, fax 808-522-8226, or www.wpcouncil.org. Copies of the environmental assessment and finding of no significant impact for this action, identified by NOAA-NMFS-2017-0033, are available from www.regulations.gov, or from Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173. SUPPLEMENTARY INFORMATION: Through this action, NMFS is specifying an ACL of 306,000 lb of Deep 7 bottomfish in the MHI for the 2017-18 fishing year. The fishing year begins September 1, 2017, and ends on August 31, 2018. The Council recommended this ACL, based on the best available scientific, commercial, and other information, taking into account the associated risk of overfishing. The ACL of 306,000 lb for 2017-18 is 12,000 lb less than the ACL that NMFS specified for 2016-17 (82 FR 5429, January 18, 2017). The MHI Management Subarea is the portion of U.S. Exclusive Economic Zone around the Hawaiian Archipelago east of 161[deg]20' W. 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 will monitor the fishery and, if we project that the fishery will reach the ACL before August 31, 2018, we would, as an AM authorized in 50 CFR 665.4(f), close the non-commercial and commercial fisheries for Deep 7 bottomfish in Federal waters through August 31, 2018. During a fishery closure for Deep 7 bottomfish, no person may fish for, possess, or sell any of these fish in the MHI Management Subarea. [[Page 29779]] There is no prohibition on fishing for, possessing, or selling other (non-Deep 7) bottomfish during such a closure. All other management measures continue to apply in the MHI bottomfish fishery. If 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 2018- 19 by the amount of the overage. You may review additional background information on this action in the preamble to the proposed specifications (82 FR 24092; May 25, 2017); we do not repeat that information here. Comments and Responses The comment period for the proposed specifications ended on June 9, 2017. NMFS did not receive any comments. Changes From the Proposed Specifications There are no changes in the final specifications from the proposed specifications. Classification The Regional Administrator, NMFS PIR, determined that this action is necessary for the conservation and management of MHI Deep 7 bottomfish, and that it is consistent with the Magnuson-Stevens Act and other applicable laws. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed specification stage that this action would not have a significant economic impact on a substantial number of small entities. NMFS published the factual basis for the certification in the proposed specifications, and does not repeat it here. NMFS did not receive comments regarding this certification. As a result, a final regulatory flexibility analysis is not required, and one was not prepared. This action is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 26, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-13681 Filed 6-29-17; 8:45 am] BILLING CODE 3510-22-P
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safeguards to ensure the ACL will not be implementation of this prohibition prior Islands (MHI) for the 2017–18 fishing
exceeded. In short, the management to the expiration of the closure of the year, which will begin on September 1,
measures implemented by this rule are directed fishery on July 1, 2017, which 2017, and end on August 31, 2018. If
more than adequate to prevent was imposed under the 2016–2017 NMFS projects that the fishery will
exceeding the OFL. Additionally, even annual specifications. reach the ACL, NMFS would close the
in the absence of any fishing mortality, Delaying the effective date of this rule commercial and non-commercial
unfavorable environmental conditions beyond July 1 would be contrary to the fisheries for MHI Deep 7 bottomfish for
could keep the sardine population at a public interest because reducing Pacific the remainder of the fishing year as an
low level. Small pelagic species, such as sardine biomass beyond the limits set accountability measure (AM). The ACL
sardine, undergo wide natural out in this action could decrease the and AM support the long-term
fluctuations in abundance, even in the sustainability of the Pacific sardine, as sustainability of Hawaii bottomfish.
absence of fishing, from environmental well as cause future harvest limits to be DATES: The final specifications are
conditions external to fishing; therefore, even lower under the harvest control effective from July 31, 2017, through
it is highly unlikely that reducing the rule, thereby reducing future profits of August 31, 2018.
ACL from 8,000 mt to 2,000 mt would the fishery. ADDRESSES: Copies of the Fishery
measurably affect long-term fluctuations These final specifications are exempt Ecosystem Plan for the Hawaiian
in Pacific sardine abundance. Based on from review under Executive Order Archipelago are available from the
the recent stock assessments and NMFS 12866. Western Pacific Fishery Management
research, low recent recruitments (i.e., The Chief Counsel for Regulation of Council (Council), 1164 Bishop St.,
the number of young fish maturing into the Department of Commerce certified Suite 1400, Honolulu, HI 96813, tel.
the spawning population) is the primary to the Chief Counsel for Advocacy of the 808–522–8220, fax 808–522–8226, or
cause of the current downward trend in Small Business Administration during www.wpcouncil.org. Copies of the
overall population size. Recruitment is the proposed rule stage that this action environmental assessment and finding
believed to be strongly related to would not have a significant economic of no significant impact for this action,
environmental conditions, particularly, impact on a substantial number of small identified by NOAA–NMFS–2017–0033,
large-scale oceanographic phenomena. entities. The factual basis for the are available from www.regulations.gov,
Classification certification was published in the or from Michael D. Tosatto, Regional
proposed rule and is not repeated here. Administrator, NMFS Pacific Islands
Pursuant to section 304(b)(1)(A) of the No comments were received regarding
Magnuson-Stevens Fishery Region (PIR), 1845 Wasp Blvd. Bldg.
this certification. As a result, a 176, Honolulu, HI 96818.
Conservation and Management Act, the regulatory flexibility analysis was not
NMFS West Coast Regional FOR FURTHER INFORMATION CONTACT:
required and none was prepared. Sarah Ellgen, NMFS PIR Sustainable
Administrator, with the concurrence of This action does not contain a
the Assistant Administrator, has Fisheries, 808–725–5173.
collection-of-information requirement
determined that this final rule is SUPPLEMENTARY INFORMATION: Through
for purposes of the Paper Reduction Act.
consistent with the CPS FMP, other this action, NMFS is specifying an ACL
Authority: 16 U.S.C. 1801 et seq. of 306,000 lb of Deep 7 bottomfish in
provisions of the Magnuson-Stevens
Fishery Conservation and Management Dated: June 26, 2017. the MHI for the 2017–18 fishing year.
Act, and other applicable laws. Samuel D. Rauch III, The fishing year begins September 1,
NMFS finds good cause under 5 Deputy Assistant Administrator for 2017, and ends on August 31, 2018. The
U.S.C. 553(d)(3) to waive the 30-day Regulatory Programs, National Marine Council recommended this ACL, based
delay in effectiveness for the Fisheries Service. on the best available scientific,
establishment of these final harvest [FR Doc. 2017–13685 Filed 6–29–17; 8:45 am] commercial, and other information,
specifications for the 2017–2018 Pacific BILLING CODE 3510–22–P taking into account the associated risk
sardine fishing season. In accordance of overfishing. The ACL of 306,000 lb
with the FMP, this rule was for 2017–18 is 12,000 lb less than the
recommended by the Council at its DEPARTMENT OF COMMERCE ACL that NMFS specified for 2016–17
meeting in April 2017, the contents of (82 FR 5429, January 18, 2017).
which were based on the best available National Oceanic and Atmospheric The MHI Management Subarea is the
new scientific information on the Administration portion of U.S. Exclusive Economic
population status of Pacific sardine that Zone around the Hawaiian Archipelago
became available at that time. Making 50 CFR Part 665 east of 161°20′ W. The Deep 7
these final specifications effective on [Docket No. 170330338–7585–02] bottomfish are onaga (Etelis coruscans),
July 1, 2017, is necessary for the ehu (E. carbunculus), gindai
conservation and management of the RIN 0648–XF335 (Pristipomoides zonatus), kalekale (P.
Pacific sardine resource. The FMP sieboldii), opakapaka (P. filamentosus),
requires a prohibition on directed Pacific Island Fisheries; 2017–18 lehi (Aphareus rutilans), and hapuupuu
fishing for Pacific sardine for the 2017– Annual Catch Limit and Accountability (Hyporthodus quernus).
2018 fishing year because the sardine Measures; Main Hawaiian Islands Deep NMFS will monitor the fishery and, if
biomass is below the CUTOFF. The 7 Bottomfish we project that the fishery will reach the
purpose of the CUTOFF in the FMP— AGENCY: National Marine Fisheries ACL before August 31, 2018, we would,
and prohibiting directed fishing when Service (NMFS), National Oceanic and as an AM authorized in 50 CFR 665.4(f),
mstockstill on DSK30JT082PROD with RULES
the biomass drops below this level—is Atmospheric Administration (NOAA), close the non-commercial and
to protect the stock when biomass is low Commerce. commercial fisheries for Deep 7
and provide a buffer of spawning stock ACTION: Final specifications. bottomfish in Federal waters through
that is protected from fishing and August 31, 2018. During a fishery
available for use in rebuilding the stock. SUMMARY: NMFS specifies an annual closure for Deep 7 bottomfish, no person
A delay in the effectiveness of this rule catch limit (ACL) of 306,000 lb for Deep may fish for, possess, or sell any of these
for a full 30 days would not allow the 7 bottomfish in the main Hawaiian fish in the MHI Management Subarea.
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![Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations 29779
There is no prohibition on fishing for, Changes From the Proposed economic impact on a substantial
possessing, or selling other (non-Deep 7) Specifications number of small entities. NMFS
bottomfish during such a closure. All published the factual basis for the
There are no changes in the final
other management measures continue to certification in the proposed
specifications from the proposed
apply in the MHI bottomfish fishery. If specifications, and does not repeat it
specifications.
NMFS and the Council determine that here. NMFS did not receive comments
the final 2017–18 Deep 7 bottomfish Classification regarding this certification. As a result,
catch exceeds the ACL, NMFS would a final regulatory flexibility analysis is
reduce the Deep 7 bottomfish ACL for The Regional Administrator, NMFS
PIR, determined that this action is not required, and one was not prepared.
2018–19 by the amount of the overage.
necessary for the conservation and This action is exempt from review
You may review additional
management of MHI Deep 7 bottomfish, under Executive Order 12866.
background information on this action
in the preamble to the proposed and that it is consistent with the Authority: 16 U.S.C. 1801 et seq.
specifications (82 FR 24092; May 25, Magnuson-Stevens Act and other
applicable laws. Dated: June 26, 2017.
2017); we do not repeat that information
The Chief Counsel for Regulation of Samuel D. Rauch III,
here.
the Department of Commerce certified Deputy Assistant Administrator for
Comments and Responses to the Chief Counsel for Advocacy of the Regulatory Programs, National Marine
The comment period for the proposed Small Business Administration during Fisheries Service.
specifications ended on June 9, 2017. the proposed specification stage that [FR Doc. 2017–13681 Filed 6–29–17; 8:45 am]
NMFS did not receive any comments. this action would not have a significant BILLING CODE 3510–22–P
mstockstill on DSK30JT082PROD with RULES
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Document Created: 2017-06-30 06:01:57
Document Modified: 2017-06-30 06:01:57
| 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 | Rules and Regulations | |
| Action | Final specifications. | |
| Dates | The final specifications are effective from July 31, 2017, through August 31, 2018. | |
| Contact | Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173. | |
| FR Citation | 82 FR 29778 | |
| RIN Number | 0648-XF33 |
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