83 FR 18260 - Pacific Island Fisheries; 5-Year Extension of Moratorium on Harvest of Gold Corals

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 81 (April 26, 2018)

Page Range		18260-18261
FR Document		2018-08784

This proposed rule would extend the current region-wide moratorium on the harvest of gold corals in the U.S. Pacific Islands through June 30, 2023. NMFS intends this proposed rule to prevent overfishing and to stimulate research on gold corals.

Federal Register, Volume 83 Issue 81 (Thursday, April 26, 2018)

[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Proposed Rules]
[Pages 18260-18261]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-08784]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 180202114-8361-01]
RIN 0648-BH60

Pacific Island Fisheries; 5-Year Extension of Moratorium on
Harvest of Gold Corals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would extend the current region-wide
moratorium on the harvest of gold corals in the U.S. Pacific Islands
through June 30, 2023. NMFS intends this proposed rule to prevent
overfishing and to stimulate research on gold corals.

DATES: NMFS must receive comments by May 11, 2018.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0018, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0018, 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 https://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.

FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIR Sustainable
Fisheries, 808-725-5182.

SUPPLEMENTARY INFORMATION: Jewelry designers use small amounts of
precious corals to adorn their products. The precious corals fishery in
the U.S. Pacific Islands includes black, pink, bamboo, and gold corals.
They are slow-growing and have low rates of natural mortality and
recruitment. Unexploited populations are relatively stable, and a wide
range of age classes is generally present. Due to the great longevity
of individuals and the associated slow population turnover rates, a
long period of reduced fishing effort is required to restore a stock's
ability to produce at the maximum sustainable yield if a stock has been
over-exploited. Fishermen harvest precious corals by various methods,
including hand-harvesting and submersibles.
Gold corals are suspension feeders, and live in deep water (100-
1,500 meters (m)) on hard substrates where bottom currents are strong,
such as seamounts, ledges, pinnacles, walls, and cliffs. Prior fishing
effort harvested gold corals by submersible or tangle net dredges.
There are several beds of gold corals (Gerardia spp., Callogorgia
gilberti, Narella spp., and Calyptrophora spp.) in the U.S. Exclusive
Economic Zone (EEZ, generally 3-200 nautical miles from shore) around
Hawaii. Gold coral distribution and abundance are unknown in the region
beyond Hawaii, but they likely occur in the EEZ around American Samoa,
the Commonwealth of the Northern Mariana Islands, Guam, and the Pacific
Remote Island Areas (PRIA: Baker Island, Howland Island, Jarvis Island,
Wake Atoll, Johnston Atoll, Kingman Reef, Midway Atoll, and Palmyra
Atoll).
NMFS and the Western Pacific Fishery Management Council (Council)
manage precious coral fisheries in the U.S. Pacific Islands under
fishery ecosystem plans (FEPs) for American Samoa, Hawaii, the Mariana
Archipelago, and the PRIA. The FEPs and associated Federal regulations
at 50 CFR part 665 require permits and data reporting, and allow
harvesting of precious corals only with selective gear (e.g.,
submersibles, remotely-operated vehicles, or by hand). There are also
bed-specific quotas, refuges from fishing, and size limits. The fishery
for gold corals, like most deepwater precious corals, has remained
dormant since 2001.
The Council considered past and current research on gold corals
growth rates and recruitment. Past research on gold corals indicated
that the linear growth rate of gold corals is approximately 6.6
centimeters/year, suggesting a relatively young age for large coral
colonies. However, updated research using radiocarbon dating revealed
that gold corals in Hawaii could have a growth rate of 0.14-0.40
centimeters/year and that colony ages ranged from 450-2,740 years.
Additional research also identified previously unknown habitat
requirements for gold coral, specifically that gold corals may depend
on bamboo corals to provide required substrate for gold coral larvae.
Because of these uncertainties, the Council and NMFS established a
5-year moratorium on harvesting gold corals in 2008 (73 FR 47098,
August 13, 2008). They extended the moratorium for another five years
in 2013 (78 FR 32181, May 29, 2013). These moratoria have prevented the
potential for overharvesting gold corals from a renewed fishery and
allowed for research on gold coral biology. The current moratorium is
scheduled to expire on June 30, 2018.
The Council continues to be concerned about uncertainties related
to the growth rates and habitat requirements for gold coral, and
recognizes that fishery managers need more research to inform
appropriate measures for this fishery. This proposed rule would extend
the moratorium through June 30, 2023. The proposed action would prevent
the potential for overfishing and allow such further research on gold
corals that could inform sustainable management models and reference
points for appropriate gold coral management measures.
NMFS must receive any public comments on this proposed rule by the
close of business on May 11, 2018, and will not consider late comments.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FEPs for American Samoa, the PRIA, Hawaii, and the
Mariana Archipelago, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.

[[Page 18261]]

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 this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The proposed rule would extend the current gold coral harvest
moratorium for five years. The current moratorium is scheduled to
expire on June 30, 2018. The Western Pacific Fishery Management Council
(Council) recommended extending the moratorium through June 30, 2023.
The proposed action would potentially affect any entity possessing
a Federal western Pacific precious corals permit, because those
entities would be permitted to harvest or land gold corals, in addition
to black, bamboo, pink, and red corals. Only one entity, based in the
state of Hawaii, currently possesses a permit (http://www.fpir.noaa.gov/SFD/SFD_permits_index.html, accessed: February 2,
2018). NMFS believes that this entity would be considered a small
entity because the permit holder is engaged in the business of fish
harvesting, independently owned or operated, not dominant in their
field of operation, and has annual gross receipts not in excess of $11
million.
Although NMFS believes that the permit holder would be considered a
small entity, it is unlikely that the permit holder would begin to
harvest gold corals in the absence of a moratorium. The Pacific Islands
gold coral fishery had been dormant when the current moratorium went
into effect in 2008, and extended in 2013. Gold coral harvesting had
occurred infrequently during the past 50 years. In the late 1970s,
harvesters used a manned submersible to selectively take several
thousand kilograms of gold coral off eastern Oahu, Hawaii. From 1999-
2001, a second harvester took a small amount of gold coral, along with
other deepwater precious corals, from exploratory areas off Hawaii.
Extending the moratorium on gold coral harvests will not likely
cause immediate economic impact to the entity permitted to harvest gold
corals. Furthermore, this fishery is still characterized by high
equipment and operating costs, continued safety concerns and other
logistical constraints. Gold coral market prices are not high enough to
offset those risks and expenses. Because of these challenges to
entities wishing to harvest and land gold corals, interest in this
fishery will likely remain low even without the moratorium. However,
extending the moratorium for another five years would ensure that no
harvesting of gold corals would occur until at least 2023. Additional
research may better inform future management decisions regarding
sustainable harvest of this resource.
The proposed rule 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. There does not appear to be disproportionate economic
impacts from the proposed rule based on home port, gear type, or
relative vessel size. The proposed rule will not place a substantial
number of small entities, or any segment of small entities, at a
significant competitive disadvantage to large entities. As a result, an
initial regulatory flexibility analysis is not required, and none has
been prepared.

List of Subjects in 50 CFR 665

Administrative practice and procedure, American Samoa, Deep sea
coral, Fisheries, Fishing, Guam, Hawaii, Northern Mariana Islands,
Pacific Remote Island Areas, Precious coral.

Dated: April 23, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 665 as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 50 CFR part 665 continues to read as
follows:

Authority: 16 U.S.C. 1801 et seq.

0
2. Revise Sec. 665.169 to read as follows:

Sec. 665.169 Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.
0
3. In Sec. 665.269, revise note 2 to the table in paragraph (d) to
read as follows:

Sec. 665.269 Quotas.

* * * * *
(d) * * *

Notes:
1. No fishing for coral is authorized in refugia.
2. A moratorium on gold coral harvesting is in effect through
June 30, 2023.

0
4. Revise Sec. 665.270 to read as follows:

Sec. 665.270 Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.
0
5. Revise Sec. 665.469 to read as follows:

Sec. 665.469 Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.
0
6. Revise Sec. 665.669 to read as follows:

Sec. 665.669 Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2023.

[FR Doc. 2018-08784 Filed 4-25-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Proposed Rules 18261

Certification of Finding of No deepwater precious corals, from PART 665—FISHERIES IN THE
Significant Impact on Substantial exploratory areas off Hawaii. WESTERN PACIFIC
Number of Small Entities Extending the moratorium on gold
coral harvests will not likely cause ■ 1. The authority citation for 50 CFR
The Chief Counsel for Regulation of immediate economic impact to the
the Department of Commerce certified part 665 continues to read as follows:
entity permitted to harvest gold corals.
to the Chief Counsel for Advocacy of the Furthermore, this fishery is still Authority: 16 U.S.C. 1801 et seq.
Small Business Administration that this characterized by high equipment and ■ 2. Revise § 665.169 to read as follows:
proposed rule, if adopted, would not operating costs, continued safety
have a significant economic impact on concerns and other logistical § 665.169 Gold coral harvest moratorium.
a substantial number of small entities. constraints. Gold coral market prices are
not high enough to offset those risks and Fishing for, taking, or retaining any
The proposed rule would extend the
expenses. Because of these challenges to gold coral in any precious coral permit
current gold coral harvest moratorium
entities wishing to harvest and land area is prohibited through June 30,
for five years. The current moratorium
is scheduled to expire on June 30, 2018. gold corals, interest in this fishery will 2023.
The Western Pacific Fishery likely remain low even without the ■ 3. In § 665.269, revise note 2 to the
Management Council (Council) moratorium. However, extending the table in paragraph (d) to read as follows:
recommended extending the moratorium for another five years would
moratorium through June 30, 2023. ensure that no harvesting of gold corals § 665.269 Quotas.
would occur until at least 2023. * * * * *
The proposed action would
Additional research may better inform (d) * * *
potentially affect any entity possessing
future management decisions regarding
a Federal western Pacific precious Notes:
sustainable harvest of this resource.
corals permit, because those entities The proposed rule does not duplicate, 1. No fishing for coral is authorized in
would be permitted to harvest or land overlap, or conflict with other Federal refugia.
gold corals, in addition to black, rules and is not expected to have 2. A moratorium on gold coral harvesting
bamboo, pink, and red corals. Only one significant impact on small entities (as is in effect through June 30, 2023.
entity, based in the state of Hawaii, discussed above), organizations or
currently possesses a permit (http:// government jurisdictions. There does ■ 4. Revise § 665.270 to read as follows:
www.fpir.noaa.gov/SFD/SFD_permits_ not appear to be disproportionate
index.html, accessed: February 2, 2018). § 665.270 Gold coral harvest moratorium.
economic impacts from the proposed
NMFS believes that this entity would be rule based on home port, gear type, or Fishing for, taking, or retaining any
considered a small entity because the relative vessel size. The proposed rule gold coral in any precious coral permit
permit holder is engaged in the business will not place a substantial number of area is prohibited through June 30,
of fish harvesting, independently owned small entities, or any segment of small 2023.
or operated, not dominant in their field entities, at a significant competitive ■ 5. Revise § 665.469 to read as follows:
of operation, and has annual gross disadvantage to large entities. As a
receipts not in excess of $11 million. result, an initial regulatory flexibility § 665.469 Gold coral harvest moratorium.
Although NMFS believes that the analysis is not required, and none has
been prepared. Fishing for, taking, or retaining any
permit holder would be considered a
small entity, it is unlikely that the gold coral in any precious coral permit
List of Subjects in 50 CFR 665 area is prohibited through June 30,
permit holder would begin to harvest
gold corals in the absence of a Administrative practice and 2023.
moratorium. The Pacific Islands gold procedure, American Samoa, Deep sea ■ 6. Revise § 665.669 to read as follows:
coral fishery had been dormant when coral, Fisheries, Fishing, Guam, Hawaii,
the current moratorium went into effect Northern Mariana Islands, Pacific § 665.669 Gold coral harvest moratorium.
in 2008, and extended in 2013. Gold Remote Island Areas, Precious coral. Fishing for, taking, or retaining any
coral harvesting had occurred Dated: April 23, 2018. gold coral in any precious coral permit
infrequently during the past 50 years. In Samuel D. Rauch III, area is prohibited through June 30,
the late 1970s, harvesters used a Deputy Assistant Administrator for 2023.
manned submersible to selectively take Regulatory Programs, National Marine [FR Doc. 2018–08784 Filed 4–25–18; 8:45 am]
several thousand kilograms of gold coral Fisheries Service.
BILLING CODE 3510–22–P
off eastern Oahu, Hawaii. From 1999– For the reasons set out in the
2001, a second harvester took a small preamble, NMFS proposes to amend 50
amount of gold coral, along with other CFR part 665 as follows:
amozie on DSK30RV082PROD with PROPOSALS

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Document Created: 2018-11-02 08:20:22
Document Modified: 2018-11-02 08:20:22

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 rule; request for comments.
Dates		NMFS must receive comments by May 11, 2018.
Contact		Kate Taylor, NMFS PIR Sustainable Fisheries, 808-725-5182.
FR Citation		83 FR 18260
RIN Number		0648-BH60

83 FR 18260 - Pacific Island Fisheries; 5-Year Extension of Moratorium on Harvest of Gold Corals

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 81 (April 26, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration