82 FR 50112 - Pacific Island Fisheries; 2017 Annual Catch Limits and Accountability Measures
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 208 (October 30, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 208 (October 30, 2017)
| Page Range | 50112-50115 | |
| FR Document | 2017-23457 |
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)] [Proposed Rules] [Pages 50112-50115] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23457] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 170120106-7999-01] RIN 0648-XF186 Pacific Island Fisheries; 2017 Annual Catch Limits and Accountability Measures AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Proposed specifications; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes annual catch limits (ACLs) for Pacific Island crustacean, precious coral, and territorial bottomfish fisheries, and accountability measures (AMs) to correct or mitigate any overages of catch limits. The proposed ACLs and AMs would be effective for fishing year 2017. The proposed ACLs and AMs support the long-term sustainability of fishery resources of the U.S. Pacific Islands. DATES: NMFS must receive comments by November 14, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2017-0012, 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-2017-0012, 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 prepared environmental analyses that describe the potential impacts on the human environment that would result from the proposed ACLs and AMs. Copies of the environmental analyses 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: Fisheries in the U.S. Exclusive Economic Zone (EEZ, or Federal waters) around the U.S. Pacific Islands are managed under archipelagic fishery ecosystem plans (FEPs) for American Samoa, Hawaii, the Pacific Remote Islands, and the Mariana Archipelago (Guam and the Commonwealth of the Northern Mariana Islands (CNMI)). A fifth FEP covers pelagic fisheries. The Western Pacific Fishery Management Council (Council) developed the FEPs, and NMFS implemented them under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Each FEP contains a process for the Council and NMFS to specify ACLs and AMs; that process is codified at Title 50, Code of Federal Regulations, Section 665.4 (50 CFR 665.4). The regulations require NMFS to specify, every fishing year, an ACL for each stock and stock complex of management unit species (MUS) in an FEP, as recommended by the Council and considering the best available scientific, commercial, and other information about the fishery. If a fishery exceeds an ACL, the regulations require the Council to take action, which may include reducing the ACL for the subsequent fishing year by the amount of the overage, or other appropriate action. NMFS proposes to specify ACLs for the crustacean and precious corals MUS in American Samoa, Guam, the CNMI, and Hawaii, and the bottomfish MUS in American Samoa, Guam, and the CNMI for fishing year 2017. The fishing year for each fishery began on January 1 and ends on December 31, except for precious coral fisheries, which began July 1 and ends on June 30 next year. In this action, NMFS is not proposing to specify 2017 ACLs for Hawaii Kona crab and non-Deep 7 bottomfish, or coral reef ecosystem MUS in all island areas. This is because NMFS has new information for those MUS that may require additional environmental analyses to support the Council's recommendations. NMFS would propose those ACL specifications in a separate action(s). In addition, NMFS specified the 2017-2018 ACL and AM for Hawaii Deep 7 bottomfish in June 2017 (82 FR 29778, June 30, 2017). NMFS based the proposed specifications for crustacean, precious coral, and territorial bottomfish MUS on recommendations from the Council at its 164th meeting held October 21-22, 2015, its 166th meeting held June 6-10, 2016, and its 170th meeting held June 19-22, 2017. For this action, the Council recommended 36 ACLs: Seven each in American Samoa, Guam, and the CNMI, and 15 in Hawaii. The Council also recommended that NMFS specify multi-year ACLs and AMs in fishing years 2015-2018. NMFS proposes to implement the specifications for each year separately, prior to each fishing year. NMFS previously implemented the 2016 specifications for bottomfish, crustacean, precious coral, and coral reef ecosystem MUS (82 FR 18716, April 21, 2017). All of the proposed 2017 ACLs in this action would be the same as those specified in 2016 (82 FR 18716, April 21, 2017). NMFS also proposes to specify the same AMs as it did in 2016. Data from these fisheries for fishing year 2016 indicate that catches from each fishery in 2016 did not exceed the fishery's ACL, with the exception of the CNMI slipper lobsters. NMFS proposes to specify an ACL of 60 lb for CNMI slipper lobsters, which is the same ACL that NMFS implemented in 2016, even though the average three-year catch for this fishery exceeded the ACL. For CNMI slipper lobsters, there is no OFL or maximum sustainable yield (MSY) estimate. Prior to 2016, there were only three years (2007-2009) of available catch information for slipper lobsters in the CNMI. Therefore, in 2014, at its 116th meeting, the SSC recommended a proxy for calculating the ACL for the CNMI slipper lobster stock complex. Using a catch-to-habitat- based proxy comparing data from the Hawaii slipper lobster fishery (the only area that has specifically documented harvesting of slipper lobster), the Council recommended setting an ACL for the CNMI slipper lobsters for 2016-2018 at a level equal to ABC, that is, 60 lb. In 2015, NOAA started a pilot program to improve commercial vendor reporting in the CNMI. The Territory Science Initiative was designed to improve the data vendors submit to commercial receipt books, which track, among other stocks, the slipper lobster fishery. NMFS staff trained vendors to complete receipt books and incorporate the process into their day-to-day business routines. The program proved to be effective, and in 2016, the CNMI commercial receipt book program documented 304 lb of slipper lobsters sold by local fishermen. In comparison, [[Page 50113]] there have been no reported catches or sales of slipper lobster in the CNMI from 2010-2015. The Council reviewed the 2016 CNMI slipper lobster fishery performance at its 170th meeting held June 19-22, 2017. The Council noted that the 304 lb reported catch in 2016, combined with zero reported catch in the past two years, resulted in a three-year average catch of 101 lb, which exceeded the ACL by 41 lb. The Council determined that the increase in reported catch was due to the Territory Science Initiative and the associated improvements in catch reporting, and not due to actual increase in harvest. The Council also concluded that the overage was not likely to have had an impact on stock sustainability or result in overfishing based on existing stock data. Based on the status of the stock, the 2016 AM was not applied, and the Council instead recommended maintaining the 2017 CNMI slipper lobster ACL at 60 lb. The Final Environmental Assessment (EA) for this action supports this determination. In the EA, NMFS concluded that the current level of catch of slipper lobster in the CNMI was not likely to result in overfishing as there are no clear trends indicating that lobster stocks in the CNMI have been declining. (EA Section 3.2.3). NMFS concluded that even if no ACL were specified for this fishery, the level of slipper lobster catch would be expected to remain small. NMFS also determined that an ACL of 60 lb, even if exceeded, would not result in any changes in fishing and would not be expected to have effects on the fishery different from if no ACL were specified. In this proposed rule, NMFS is not proposing ACLs for MUS that are currently subject to Federal fishing moratoria or prohibitions. These MUS include all species of gold coral (78 FR 32181, May 29, 2013), the three Hawaii seamount groundfish (pelagic armorhead, alfonsin, and raftfish (75 FR 69015, November 10, 2010), and deepwater precious corals at the Westpac Bed Refugia (75 FR 2198, January 14, 2010). The current prohibitions on fishing for these MUS serve as the functional equivalent of an ACL of zero. Additionally, NMFS is not proposing ACLs for bottomfish, crustacean, precious coral, or coral reef ecosystem MUS identified in the Pacific Remote Islands Area (PRIA) FEP. This is because fishing is prohibited in the EEZ within 12 nm of emergent land, unless authorized by the U.S. Fish and Wildlife Service (USFWS) (78 FR 32996, June 3, 2013). To date, NMFS has not received fishery data that would support any such approvals. In addition, there is no suitable habitat for these stocks beyond the 12-nm no-fishing zone, except at Kingman Reef, where fishing for these resources does not occur. Therefore, the current prohibitions on fishing serve as the functional equivalent of an ACL of zero. However, NMFS will continue to monitor authorized fishing within the Pacific Remote Islands Monument in consultation with USFWS, and may develop additional fishing requirements, including monument-specific catch limits for species that may require them. NMFS is also not proposing ACLs for pelagic MUS at this time, because NMFS previously determined that pelagic species are subject to international fishery agreements or have a life cycle of approximately one year and, therefore, are statutorily excepted from the ACL requirements. Proposed 2017 Annual Catch Limit Specifications The following four tables list the proposed ACL specifications for 2017. Table 1--American Samoa ------------------------------------------------------------------------ Management unit Proposed ACL Fishery species specification (lb) ------------------------------------------------------------------------ Bottomfish.................... Bottomfish multi- 106,000 species stock complex. Crustacean.................... Deepwater shrimp.... 80,000 Spiny lobster....... 4,845 Slipper lobster..... 30 Kona crab........... 3,200 Precious Coral................ Black coral......... 790 Precious corals in 2,205 the American Samoa Exploratory Area. ------------------------------------------------------------------------ Table 2--Mariana Archipelago--Guam ------------------------------------------------------------------------ Management unit Proposed ACL Fishery species specification (lb) ------------------------------------------------------------------------ Bottomfish.................... Bottomfish multi- 66,000 species stock complex. Crustaceans................... Deepwater shrimp.... 48,488 Spiny lobster....... 3,135 Slipper lobster..... 20 Kona crab........... 1,900 Precious Coral................ Black coral......... 700 Precious corals in 2,205 the Guam Exploratory Area. ------------------------------------------------------------------------ Table 3--Mariana Archipelago--CNMI ------------------------------------------------------------------------ Management unit Proposed ACL Fishery species specification (lb) ------------------------------------------------------------------------ Bottomfish.................... Bottomfish multi- 228,000 species stock complex. Crustacean.................... Deepwater shrimp.... 275,570 Spiny lobster....... 7,410 [[Page 50114]] Slipper lobster..... 60 Kona crab........... 6,300 Precious Coral................ Black coral......... 2,100 Precious corals in 2,205 the CNMI Exploratory Area. ------------------------------------------------------------------------ Table 4--Hawaii ------------------------------------------------------------------------ Management unit Proposed ACL Fishery species specification (lb) ------------------------------------------------------------------------ Crustacean.................... Deepwater shrimp.... 250,773 Spiny lobster....... 15,000 Slipper lobster..... 280 Precious Coral................ Auau Channel black 5,512 coral. Makapuu Bed--Pink 2,205 coral. Makapuu Bed--Bamboo 551 coral. 180 Fathom Bank-- 489 Pink coral. 180 Fathom Bank-- 123 Bamboo coral. Brooks Bank--Pink 979 coral. Brooks Bank--Bamboo 245 coral. Kaena Point Bed-- 148 Pink coral. Kaena Point Bed-- 37 Bamboo coral. Keahole Bed--Pink 148 coral. Keahole Bed--Bamboo 37 coral. Precious corals in 2,205 the Hawaii Exploratory Area. ------------------------------------------------------------------------ Accountability Measures Each year, NMFS and local resource management agencies in American Samoa, Guam, the CNMI, and Hawaii collect information about MUS catches and apply them toward the appropriate ACLs. Pursuant to 50 CFR 665.4, when the available information indicates that a fishery is projected to reach an ACL for a stock or stock complex, NMFS must notify permit holders that fishing for that stock or stock complex will be restricted in Federal waters on a specified date. The restriction serves as the AM to prevent an ACL from being exceeded, and may include closing the fishery, closing specific areas, changing bag limits, or restricting effort. However, local resource management agencies do not have the resources to process catch data in near-real time, so fisheries statistics are generally not available to NMFS until at least six months after agencies collect and analyze the data. Additionally, Federal logbook information and other reporting from fisheries in Federal waters is not sufficient to monitor and track catches for the evaluation of fishery performance against the proposed ACL specifications. This is because most fishing for bottomfish, crustacean, and precious coral MUS occurs in State or territorial waters, generally 0-3 nm from shore. For these reasons, NMFS proposes to continue to specify the Council's recommended AM, which is to apply a three-year average catch to evaluate fishery performance against the proposed ACLs. Specifically, NMFS and the Council would use the average catch of fishing years 2015, 2016, and 2017 to evaluate fishery performance against the 2017 ACL for a particular fishery. At the end of each fishing year, the Council would review catches relative to each ACL. If NMFS and the Council determine that the three-year average catch for any fishery exceeds the specified ACL, NMFS would reduce the ACL in the subsequent year for that fishery by the amount of the overage. Cultural Fishing in American Samoa On March 20, 2017, in Territory of American Samoa v. NMFS, et al. (16-cv-95, D. Haw), a Federal judge vacated and set aside a NMFS rule that amended the American Samoa Large Vessel Prohibited Area (LVPA) for eligible pelagic longliners. The Court held that the action was inconsistent with the ``other applicable law'' provision of the Magnuson-Stevens Act by not considering the protection and preservation of cultural fishing rights in American Samoa under the Instruments of Cession. The Instruments of Cession do not specifically mention cultural fishing rights, and the Court's decision, although recognizing the need to protect those rights, does not define them. The Council is currently reevaluating the LVPA rule, including options to define cultural fishing rights in American Samoa that are subject to preservation and protection. NMFS specifically invites public comments on this proposed action that address the impact of the proposed ACL and AM specifications on cultural fishing rights in American Samoa. NMFS will consider public comments on the proposed ACLs and AMs and will announce the final specifications in the Federal Register. NMFS must receive any comments by the date provided in the DATES heading, not postmarked or otherwise transmitted by that date. Regardless of the final ACL specifications and AMs, all other management measures will continue to apply in the fisheries. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator for Fisheries has determined that these proposed specifications are consistent with the applicable FEPs, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. [[Page 50115]] 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 proposed action, why it is being considered, and the legal basis for it are contained in the preamble to these proposed specifications. The proposed action would specify annual catch limits (ACLs) and accountability measures (AMs) for Pacific Island crustaceans, precious coral, and territorial bottomfish fisheries in American Samoa, Guam, Hawaii, and the CNMI for 2017. The proposed 2017 ACLs for MUS covered in this proposed action are identical to those specified in 2016 (82 18716, April 21, 2017). NMFS is not proposing to specify 2017 ACLs for Kona crab or non-Deep 7 bottomfish in Hawaii or coral reef ecosystem MUS in any island area because NMFS has obtained new information for those MUS that may require the agency to conduct additional environmental analyses to support the Council's recommendations. NMFS will propose those ACL specifications in a separate action(s). The vessels affected by this action are federally permitted to fish under the Fishery Ecosystem Plans for American Samoa, the Marianas Archipelago (Guam and the CNMI), and Hawaii. The numbers of vessels permitted under these Fishery Ecosystem Plans permitted by this action are as follows: American Samoa (0), Marianas Archipelago (16), and Hawaii (9). For Regulatory Flexibility Act (RFA) 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 for all its affiliated operations worldwide. Based on available information, NMFS has determined that all affected entities are small entities under the SBA definition of a small entity, i.e., they are engaged in the business of fish harvesting, are independently owned or operated, are 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. Even though this proposed action would apply to a substantial number of vessels, this action should not result in significant adverse economic impact to individual vessels. NMFS and the Council are not considering in-season closures in any of the fisheries to which these ACLs apply because fishery management agencies are not able to track catch relative to the ACLs during the fishing year. As a result, fishermen would be able to fish throughout the entire year. In addition, the ACLs, as proposed, would not change the gear types, areas fished, effort, or participation of the fishery during the 2017 fishing year. A post-season review of the catch data would be required to determine whether any fishery exceeded its ACL by comparing the ACL to the most recent three-year average catch for which data is available. If an ACL is exceeded, the Council and NMFS would take action in future fishing years to correct the operational issue that caused the ACL overage. NMFS and the Council would evaluate the environmental, social, and economic impacts of future actions, such as changes to future ACLs or AMs, after the required data are available. Specifically, if NMFS and the Council determine that the three-year average catch for a fishery exceeds the specified ACL, NMFS would reduce the ACL for that fishery by the amount of the overage in the subsequent year. The proposed action does not duplicate, overlap, or conflict with other Federal rules and is not expected to have significant impact on small entities (as discussed above), organizations, or government jurisdictions. The proposed action also will not place a substantial number of small entities, or any segment of small entities, at a significant competitive disadvantage to large entities. For the reasons above, NMFS does not expect the proposed action to have a significant economic impact on a substantial number of small entities. As such, an initial regulatory flexibility analysis is not required and none has been prepared. This proposed action is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 23, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-23457 Filed 10-27-17; 8:45 am] BILLING CODE 3510-22-P
![50112 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules
* * * * * NMFS prepared environmental for Hawaii Deep 7 bottomfish in June
[FR Doc. 2017–23456 Filed 10–27–17; 8:45 am] analyses that describe the potential 2017 (82 FR 29778, June 30, 2017).
BILLING CODE 3510–22–C impacts on the human environment that NMFS based the proposed
would result from the proposed ACLs specifications for crustacean, precious
and AMs. Copies of the environmental coral, and territorial bottomfish MUS on
DEPARTMENT OF COMMERCE analyses and other supporting recommendations from the Council at
documents are available at its 164th meeting held October 21–22,
National Oceanic and Atmospheric www.regulations.gov. 2015, its 166th meeting held June 6–10,
Administration 2016, and its 170th meeting held June
FOR FURTHER INFORMATION CONTACT:
19–22, 2017. For this action, the Council
50 CFR Part 665 Sarah Ellgen, NMFS PIR Sustainable
recommended 36 ACLs: Seven each in
Fisheries, 808–725–5173.
[Docket No. 170120106–7999–01] American Samoa, Guam, and the CNMI,
SUPPLEMENTARY INFORMATION: Fisheries and 15 in Hawaii. The Council also
RIN 0648–XF186 in the U.S. Exclusive Economic Zone recommended that NMFS specify multi-
(EEZ, or Federal waters) around the U.S. year ACLs and AMs in fishing years
Pacific Island Fisheries; 2017 Annual Pacific Islands are managed under
Catch Limits and Accountability 2015–2018. NMFS proposes to
archipelagic fishery ecosystem plans implement the specifications for each
Measures (FEPs) for American Samoa, Hawaii, the year separately, prior to each fishing
AGENCY: National Marine Fisheries Pacific Remote Islands, and the Mariana year. NMFS previously implemented
Service (NMFS), National Oceanic and Archipelago (Guam and the the 2016 specifications for bottomfish,
Atmospheric Administration (NOAA), Commonwealth of the Northern Mariana crustacean, precious coral, and coral
Department of Commerce. Islands (CNMI)). A fifth FEP covers reef ecosystem MUS (82 FR 18716, April
ACTION: Proposed specifications; request pelagic fisheries. The Western Pacific 21, 2017). All of the proposed 2017
for comments. Fishery Management Council (Council) ACLs in this action would be the same
developed the FEPs, and NMFS as those specified in 2016 (82 FR 18716,
SUMMARY: NMFS proposes annual catch implemented them under the authority April 21, 2017). NMFS also proposes to
limits (ACLs) for Pacific Island of the Magnuson-Stevens Fishery specify the same AMs as it did in 2016.
crustacean, precious coral, and Conservation and Management Act Data from these fisheries for fishing
territorial bottomfish fisheries, and (Magnuson-Stevens Act). year 2016 indicate that catches from
accountability measures (AMs) to Each FEP contains a process for the each fishery in 2016 did not exceed the
correct or mitigate any overages of catch Council and NMFS to specify ACLs and fishery’s ACL, with the exception of the
limits. The proposed ACLs and AMs AMs; that process is codified at Title 50, CNMI slipper lobsters. NMFS proposes
would be effective for fishing year 2017. Code of Federal Regulations, Section to specify an ACL of 60 lb for CNMI
The proposed ACLs and AMs support 665.4 (50 CFR 665.4). The regulations slipper lobsters, which is the same ACL
the long-term sustainability of fishery require NMFS to specify, every fishing that NMFS implemented in 2016, even
resources of the U.S. Pacific Islands. year, an ACL for each stock and stock though the average three-year catch for
DATES: NMFS must receive comments complex of management unit species this fishery exceeded the ACL. For
by November 14, 2017. (MUS) in an FEP, as recommended by CNMI slipper lobsters, there is no OFL
ADDRESSES: You may submit comments the Council and considering the best or maximum sustainable yield (MSY)
on this document, identified by NOAA– available scientific, commercial, and estimate. Prior to 2016, there were only
NMFS–2017–0012, by either of the other information about the fishery. If a three years (2007–2009) of available
following methods: fishery exceeds an ACL, the regulations catch information for slipper lobsters in
• Electronic Submission: Submit all require the Council to take action, the CNMI. Therefore, in 2014, at its
electronic public comments via the which may include reducing the ACL 116th meeting, the SSC recommended a
Federal e-Rulemaking Portal. Go to for the subsequent fishing year by the proxy for calculating the ACL for the
http://www.regulations.gov/ amount of the overage, or other CNMI slipper lobster stock complex.
#!docketDetail;D=NOAA-NMFS-2017- appropriate action. Using a catch-to-habitat-based proxy
0012, click the ‘‘Comment Now!’’ icon, NMFS proposes to specify ACLs for comparing data from the Hawaii slipper
complete the required fields, and enter the crustacean and precious corals MUS lobster fishery (the only area that has
or attach your comments. in American Samoa, Guam, the CNMI, specifically documented harvesting of
• Mail: Send written comments to and Hawaii, and the bottomfish MUS in slipper lobster), the Council
Michael D. Tosatto, Regional American Samoa, Guam, and the CNMI recommended setting an ACL for the
Administrator, NMFS Pacific Islands for fishing year 2017. The fishing year CNMI slipper lobsters for 2016–2018 at
Region (PIR), 1845 Wasp Blvd., Bldg. for each fishery began on January 1 and a level equal to ABC, that is, 60 lb.
176, Honolulu, HI 96818. ends on December 31, except for In 2015, NOAA started a pilot
Instructions: NMFS may not consider precious coral fisheries, which began program to improve commercial vendor
comments sent by any other method, to July 1 and ends on June 30 next year. reporting in the CNMI. The Territory
any other address or individual, or In this action, NMFS is not proposing Science Initiative was designed to
received after the end of the comment to specify 2017 ACLs for Hawaii Kona improve the data vendors submit to
period. All comments received are a crab and non-Deep 7 bottomfish, or commercial receipt books, which track,
part of the public record and will coral reef ecosystem MUS in all island among other stocks, the slipper lobster
nlaroche on DSK9F9SC42PROD with PROPOSALS
generally be posted for public viewing areas. This is because NMFS has new fishery. NMFS staff trained vendors to
on www.regulations.gov without change. information for those MUS that may complete receipt books and incorporate
All personal identifying information require additional environmental the process into their day-to-day
(e.g., name, address, etc.), confidential analyses to support the Council’s business routines. The program proved
business information, or otherwise recommendations. NMFS would to be effective, and in 2016, the CNMI
sensitive information submitted propose those ACL specifications in a commercial receipt book program
voluntarily by the sender will be separate action(s). In addition, NMFS documented 304 lb of slipper lobsters
publicly accessible. specified the 2017–2018 ACL and AM sold by local fishermen. In comparison,
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![Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules 50115
Certification of Finding of No purposes only, NMFS has established a determine whether any fishery exceeded
Significant Impact on Substantial small business size standard for its ACL by comparing the ACL to the
Number of Small Entities businesses, including their affiliates, most recent three-year average catch for
The Chief Counsel for Regulation of whose primary industry is commercial which data is available. If an ACL is
the Department of Commerce certified fishing (see 50 CFR 200.2). A business exceeded, the Council and NMFS would
to the Chief Counsel for Advocacy of the primarily engaged in commercial fishing take action in future fishing years to
Small Business Administration that (NAICS code 11411) is classified as a correct the operational issue that caused
these proposed specifications, if small business if it is independently the ACL overage. NMFS and the Council
adopted, would not have a significant owned and operated, is not dominant in would evaluate the environmental,
economic impact on a substantial its field of operation (including its social, and economic impacts of future
number of small entities. A description affiliates), and has combined annual actions, such as changes to future ACLs
of the proposed action, why it is being receipts not in excess of $11 million for or AMs, after the required data are
considered, and the legal basis for it are all its affiliated operations worldwide. available. Specifically, if NMFS and the
contained in the preamble to these Based on available information, NMFS Council determine that the three-year
proposed specifications. has determined that all affected entities average catch for a fishery exceeds the
The proposed action would specify are small entities under the SBA specified ACL, NMFS would reduce the
annual catch limits (ACLs) and definition of a small entity, i.e., they are ACL for that fishery by the amount of
accountability measures (AMs) for engaged in the business of fish the overage in the subsequent year.
Pacific Island crustaceans, precious harvesting, are independently owned or The proposed action does not
coral, and territorial bottomfish fisheries operated, are not dominant in their field duplicate, overlap, or conflict with other
in American Samoa, Guam, Hawaii, and of operation, and have annual gross Federal rules and is not expected to
the CNMI for 2017. The proposed 2017 receipts not in excess of $11 million. have significant impact on small entities
ACLs for MUS covered in this proposed Therefore, there would be no (as discussed above), organizations, or
action are identical to those specified in disproportionate economic impacts government jurisdictions. The proposed
2016 (82 18716, April 21, 2017). NMFS between large and small entities. action also will not place a substantial
is not proposing to specify 2017 ACLs Furthermore, there would be no number of small entities, or any segment
for Kona crab or non-Deep 7 bottomfish disproportionate economic impacts of small entities, at a significant
in Hawaii or coral reef ecosystem MUS among the universe of vessels based on competitive disadvantage to large
in any island area because NMFS has gear, home port, or vessel length. entities. For the reasons above, NMFS
obtained new information for those Even though this proposed action
does not expect the proposed action to
MUS that may require the agency to would apply to a substantial number of
have a significant economic impact on
conduct additional environmental vessels, this action should not result in
a substantial number of small entities.
analyses to support the Council’s significant adverse economic impact to
As such, an initial regulatory flexibility
recommendations. NMFS will propose individual vessels. NMFS and the
analysis is not required and none has
those ACL specifications in a separate Council are not considering in-season
been prepared.
action(s). closures in any of the fisheries to which
The vessels affected by this action are these ACLs apply because fishery This proposed action is exempt from
federally permitted to fish under the management agencies are not able to review under E.O. 12866.
Fishery Ecosystem Plans for American track catch relative to the ACLs during Authority: 16 U.S.C. 1801 et seq.
Samoa, the Marianas Archipelago the fishing year. As a result, fishermen
Dated: October 23, 2017.
(Guam and the CNMI), and Hawaii. The would be able to fish throughout the
numbers of vessels permitted under entire year. In addition, the ACLs, as Samuel D. Rauch III,
these Fishery Ecosystem Plans proposed, would not change the gear Deputy Assistant Administrator for
permitted by this action are as follows: types, areas fished, effort, or Regulatory Programs, National Marine
American Samoa (0), Marianas participation of the fishery during the Fisheries Service.
Archipelago (16), and Hawaii (9). For 2017 fishing year. A post-season review [FR Doc. 2017–23457 Filed 10–27–17; 8:45 am]
Regulatory Flexibility Act (RFA) of the catch data would be required to BILLING CODE 3510–22–P
nlaroche on DSK9F9SC42PROD with PROPOSALS
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Document Created: 2017-10-28 00:28:25
Document Modified: 2017-10-28 00:28:25
| 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 14, 2017. | |
| Contact | Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173. | |
| FR Citation | 82 FR 50112 | |
| RIN Number | 0648-XF18 |
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