82 FR 58129 - Pacific Island Fisheries; 2017 Annual Catch Limits and Accountability Measures
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 236 (December 11, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58129-58132 | |
| FR Document | 2017-26624 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Rules and Regulations] [Pages 58129-58132] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26624] ======================================================================= ----------------------------------------------------------------------- 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: Final specifications. ----------------------------------------------------------------------- SUMMARY: In this final rule, NMFS specifies 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 ACLs and AMs will be effective for fishing year 2017. Although the 2017 fishing year has nearly ended for most stocks, we will evaluate 2017 catches against these final ACLs when data become available in mid-2018. The proposed ACLs and AMs support the long-term sustainability of fishery resources of the U.S. Pacific Islands. DATES: The final specifications are effective January 10, 2018. The final specifications are applicable from January 1, 2017, through December 31, [[Page 58130]] 2017, except for precious coral fisheries, which are applicable from July 1, 2017, through June 30, 2018. ADDRESSES: Copies of the Fishery Ecosystem Plans for the Hawaiian Archipelago, American Samoa, and the Northern Mariana Islands 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 analyses and other supporting documents for this action, identified by NOAA-NMFS-2017-0012, are available at http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0012, 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: NMFS is specifying ACLs and AMs 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. NMFS proposed these specifications on October 30, 2017 (82 FR 50112), and the final specifications do not differ from those proposed. The 2017 fishing year began on January 1 and ended on December 31, except for precious coral fisheries, which began on July 1, 2017, and ends on June 30, 2018. The final 2017 ACLs and AMs are identical to those that NMFS specified for 2016 (82 FR 18716, April 21, 2017). The 2017 ACL for CNMI slipper lobsters is identical to the 2016 ACL, even though 2016 fishery data indicate that catch exceeded the 2016 ACL. For these lobsters, there is no estimate of the overfishing limit or maximum sustainable yield. Prior to 2016, there were only three years (2007-2009) of available catch information, so in 2014, the Council's Scientific and Statistical Committee recommended a proxy for calculating the ACL for CNMI slipper lobsters. Using a catch-to-habitat proxy with data from the Hawaii slipper lobster fishery (the only area that has specifically documented harvesting of slipper lobsters) the Council recommended setting an ACL for CNMI slipper lobsters in 2016- 2018 at the allowable biological catch (60 lb). At its June 2017 meeting, the Council reviewed the 2016 CNMI slipper lobster catch and noted that the 304 lb reported catch, combined with zero reported catch in the previous two years, resulted in a three-year average catch of 101 lb, which exceeded the ACL. The Council determined that the increase in reported catch was due to the Territory Science Initiative (a pilot program to improve commercial vendor reporting in the CNMI) and the associated improvements in catch reporting, not due to actual increase in harvest. The Council also concluded that, based on current stock data, the overage was not likely to have had an impact on stock sustainability or result in overfishing. The Council concluded that applying the 2016 AM (which would have reduced the 2017 ACL by the amount of the overage) was not necessary and, instead, recommended maintaining the 2017 CNMI slipper lobster ACL at 60 lb. The three-year average catch of the other fisheries identified in this action did not exceed their respective ACLs. In this action, NMFS is not specifying 2017 ACLs for Hawaii Kona crab and Hawaii non-Deep 7 bottomfish, or coral reef ecosystem MUS in any island area. This is because NMFS has new information that requires additional environmental analyses to support the Council's ACL recommendations for those MUS. NMFS may propose those ACL specifications in a separate action(s). In addition, NMFS has already specified the 2017-2018 ACL and AM for Hawaii Deep 7 bottomfish (82 FR 29778, June 30, 2017). NMFS is also not specifying ACLs for MUS that are currently subject to Federal fishing moratoria or prohibitions. They include all species of gold coral (78 FR 32181, May 29, 2013), the three Hawaii seamount groundfish, that is pelagic armorhead, alfonsin, and raftfish (75 FR 69015, November 10, 2010), and all species of deep-water precious corals at the Westpac Bed Refugia (75 FR 2198, January 14, 2010). The current prohibitions on fishing for these MUS serve as a functional equivalent of an ACL of zero. Additionally, NMFS is not specifying 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), pending the USFWS sending NMFS fishery data during consultation with NMFS and the Council (78 FR 32996, June 3, 2013). To date, NMFS has not received fishery data that would support any such approvals. There is also 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 PRIA Monument in consultation with the U.S. Fish and Wildlife Service, and may develop additional fishing requirements, including monument-specific catch limits for species that may require them. NMFS is not specifying ACLs for pelagic MUS because we previously determined that pelagic species are subject to international fishery agreements or have a life cycle of approximately one year and, therefore, have statutory exceptions to the ACL requirements. In addition, NMFS specified the 2017-2018 ACL and AM for Hawaii Deep 7 bottomfish earlier this year (82 FR 29778, June 30, 2017). 2017 Annual Catch Limits Tables 1-4 specify the 2017 ACLs. Table 1--American Samoa ------------------------------------------------------------------------ Proposed ACL Fishery Management unit specification species (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 the 2,205 American Samoa Exploratory Area. ------------------------------------------------------------------------ [[Page 58131]] Table 2--Guam ------------------------------------------------------------------------ Proposed ACL Fishery Management unit specification species (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 the 2,205 Guam Exploratory Area. ------------------------------------------------------------------------ Table 3--CNMI ------------------------------------------------------------------------ Proposed ACL Fishery Management unit specification species (lb) ------------------------------------------------------------------------ Bottomfish..................... Bottomfish multi- 228,000 species stock complex. Crustacean..................... Deepwater shrimp...... 275,570 Spiny lobster......... 7,410 Slipper lobster....... 60 Kona crab............. 6,300 Precious Coral................. Black coral........... 2,100 Precious corals in the 2,205 CNMI Exploratory Area. ------------------------------------------------------------------------ Table 4--Hawaii ------------------------------------------------------------------------ Proposed ACL Fishery Management unit specification species (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--Pink 489 coral. 180 Fathom Bank-- 123 Bamboo coral. Brooks Bank--Pink 979 coral. Brooks Bank--Bamboo 245 coral. Kaena Point Bed--Pink 148 coral. Kaena Point Bed-- 37 Bamboo coral. Keahole Bed--Pink 148 coral. Keahole Bed--Bamboo 37 coral. Precious corals in the 2,205 Hawaii Exploratory Area. ------------------------------------------------------------------------ Accountability Measures Federal logbook entries and required catch reporting from fisheries in Federal waters are not sufficient to monitor and track catches towards the ACL specifications accurately. This is because most fishing for bottomfish, crustacean, precious coral, and coral reef ecosystem MUS occurs in state waters, generally 0-3 nm from shore. For these reasons, NMFS will apply a moving 3-year average catch to evaluate fishery performance against the ACLs. Specifically, NMFS and the Council will use the average catch during fishing year 2015, 2016, and 2017 to evaluate fishery performance against the appropriate 2017 ACL. At the end of each fishing year, the Council will review catches relative to each ACL. If NMFS and the Council determine that the three- year average catch for the fishery exceeds the specified ACL, NMFS and the Council will reduce the ACL for that fishery by the amount of the overage in 2018. You may review additional background information on this action in the preamble to the proposed specifications (82 FR 50112; October 30, 2017); we do not repeat that information here. Comments and Responses The comment period for the proposed specifications ended on November 14, 2017. NMFS received no public comments. NMFS specifically invited public comments addressing the impact, if any, of the proposed specifications on cultural fishing practices in American Samoa. NMFS received no comments for these specifications regarding cultural fishing practices or impacts to such fishing practices in American Samoa. NMFS has no information that these ACLs and AMs will have any impact on American Samoa cultural fishing practices. 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 Pacific Island fisheries, [[Page 58132]] and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management 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 rule stage that this action would not have a significant economic impact on a substantial number of small entities. NMFS published the factual basis for certification in the proposed specifications, and does not repeat it here. NMFS did not receive comments regarding the certification and has no reason to think that anything has changed to affect it. 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: December 6, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-26624 Filed 12-8-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations 58129
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS
End-use Substitute Decision Use conditions Further information
Household refrig- Isobutane (R- Acceptable As of March 12, 2018: 9 These refrigerants may be Applicable OSHA requirements at 29 CFR part 1910
erators, freezers, 600a) Pro- subject to used only in new equipment designed specifically must be followed, including those at 29 CFR
and combination pane (R- use con- and clearly identified for the refrigerant (i.e., none 1910.106 (flammable and combustible liquids),
refrigerators and 290) R-41A. ditions. of these substitutes may be used as a conversion 1910.110 (storage and handling of liquefied petro-
freezers (New or ‘‘retrofit’’ refrigerant for existing equipment de- leum gases), 1910.157 (portable fire extinguishers),
equipment only). signed for a different refrigerant). and 1910.1000 (toxic and hazardous sub-
These refrigerants may be used only in a refrigerator stances).Proper ventilation should be maintained at
or freezer, or combination refrigerator and freezer, all times during the manufacture and storage of
that meets all requirements listed in the 2nd edition equipment containing hydrocarbon refrigerants
of the Underwriters Laboratories (UL) Standard for through adherence to good manufacturing practices
Safety: Household and Similar Electrical Appli- as per 29 CFR 1910.106. If refrigerant levels in the
ances—Safety—Part 2–24: Particular Require- air surrounding the equipment rise above one-
ments for Refrigerating Appliances, Ice-Cream Ap- fourth of the lower flammability limit, the space
pliances and Ice-Makers, UL 60335–2–24, dated should be evacuated and re-entry should occur
April 28, 2017. only after the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment, in-
cluding chemical goggles and protective gloves,
when handling these refrigerants. Special care
should be taken to avoid contact with the skin
since these refrigerants, like many refrigerants, can
cause freeze burns on the skin. A Class B dry
powder type fire extinguisher should be kept near-
by.
Technicians should only use spark-proof tools when
working on refrigerators and freezers with these re-
frigerants.
Any recovery equipment used should be designed for
flammable refrigerants. Any refrigerant releases
should be in a well-ventilated area, such as outside
of a building. Only technicians specifically trained in
handling flammable refrigerants should service re-
frigerators and freezers containing these refrig-
erants. Technicians should gain an understanding
of minimizing the risk of fire and the steps to use
flammable refrigerants safely.
* * * * * * *
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by ref-
erence, and the referenced sections are made part of the regulations in part 82:
1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant
in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating
System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrig-
erating System. December 30, 2011
4. UL Standard 60335–2–24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,—Safety—Part 2–24: Particular Requirements for
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
The Director of the Federal Register approves the incorporation by reference of the material under ‘‘Use Conditions’’ in the table ‘‘SUBSTITUTES THAT ARE AC-
CEPTABLE SUBJECT TO USE CONDITIONS’’ (5 U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 60335–2–24, 471, 484, and 541 may be purchased by
mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: orders@shopulstandards.com; Telephone: 1–888–853–3503 in the U.S. or Canada (other
countries dial 1–415–352–2178); Internet address: http://www.shopulstandards.com/Catalog.aspx.
You may inspect a copy at U.S. EPA’s Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC or at the National Archives and
Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA’S Air Docket is 202–566–1742. For information on
the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * * DEPARTMENT OF COMMERCE SUMMARY: In this final rule, NMFS
specifies annual catch limits (ACLs) for
[FR Doc. 2017–26085 Filed 12–8–17; 8:45 am] National Oceanic and Atmospheric Pacific Island crustacean, precious
Administration coral, and territorial bottomfish
BILLING CODE 6560–50–P
fisheries, and accountability measures
50 CFR Part 665 (AMs) to correct or mitigate any
overages of catch limits. The ACLs and
[Docket No. 170120106–7999–01] AMs will be effective for fishing year
2017. Although the 2017 fishing year
RIN 0648–XF186 has nearly ended for most stocks, we
will evaluate 2017 catches against these
9 Prior
to this date, manufacturers of new
Pacific Island Fisheries; 2017 Annual final ACLs when data become available
household refrigerants and freezers must comply Catch Limits and Accountability in mid-2018. The proposed ACLs and
sradovich on DSK3GMQ082PROD with RULES
with the use conditions in EPA’s previous Measures AMs support the long-term
hydrocarbon refrigerants rules (76 FR 78832, sustainability of fishery resources of the
December 20, 2011; 80 FR 19454, April 10, 2015), AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and U.S. Pacific Islands.
codified at 40 CFR part 82, Appendix R to subpart
G, which include a charge limit of 57 grams for each Atmospheric Administration (NOAA), DATES: The final specifications are
separate refrigerant circuit and a requirement to Department of Commerce. effective January 10, 2018. The final
meet Supplement SA to the UL 250 Standard, 10th specifications are applicable from
ACTION: Final specifications.
edition, for household refrigerators and freezers. January 1, 2017, through December 31,
VerDate Sep<11>2014 17:23 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\11DER1.SGM 11DER1](https://thefederalregister.org/doc/82_FR_58365/page/1.svg)
![58132 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
and that it is consistent with the entities. NMFS published the factual Authority: 16 U.S.C. 1801 et seq.
Magnuson-Stevens Fishery basis for certification in the proposed Dated: December 6, 2017.
Conservation and Management Act and specifications, and does not repeat it
Alan D. Risenhoover,
other applicable laws. here. NMFS did not receive comments
The Chief Counsel for Regulation of regarding the certification and has no Acting Deputy Assistant Administrator for
the Department of Commerce certified reason to think that anything has Regulatory Programs, National Marine
to the Chief Counsel for Advocacy of the Fisheries Service.
changed to affect it. As a result, a final
Small Business Administration during regulatory flexibility analysis is not [FR Doc. 2017–26624 Filed 12–8–17; 8:45 am]
the proposed rule stage that this action required, and one was not prepared. BILLING CODE 3510–22–P
would not have a significant economic This action is exempt from review
impact on a substantial number of small under Executive Order 12866.
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014 17:23 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\11DER1.SGM 11DER1](https://thefederalregister.org/doc/82_FR_58365/page/4.svg)
Document Created: 2017-12-09 01:49:57
Document Modified: 2017-12-09 01:49:57
| 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 January 10, 2018. The final specifications are applicable from January 1, 2017, through December 31, 2017, except for precious coral fisheries, which are applicable from July 1, 2017, through June 30, 2018. | |
| Contact | Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173. | |
| FR Citation | 82 FR 58129 | |
| RIN Number | 0648-XF18 |
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