83 FR 27713 - Fisheries of the Northeastern United States; 2018-2020 Small-Mesh Multispecies Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 115 (June 14, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 115 (June 14, 2018)
| Page Range | 27713-27716 | |
| FR Document | 2018-12780 |
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)] [Rules and Regulations] [Pages 27713-27716] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12780] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180209147-8509-02] RIN 0648-BH76 Fisheries of the Northeastern United States; 2018-2020 Small-Mesh Multispecies Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues final 2018 and projected 2019-2020 specifications for the small-mesh multispecies fishery, and corrects an error from a previous action. The specifications are necessary to establish allowable catch limits for each stock within the fishery to control overfishing while allowing optimum yield, consistent with the Magnuson- Stevens Fishery Conservation and Management Act. The intent of this action is to inform the public of these specifications for the 2018 fishing year, projected specifications for 2019-2020, and the regulatory correction. DATES: Effective June 14, 2018, through April 30, 2019. ADDRESSES: Copies of these specifications, including the Environmental Assessment (EA), Regulatory Flexibility Act Analyses, and other supporting documents for the action, are available upon request from Thomas A. Nies, Executive Director, New England Fishery Management Council, Mid-Atlantic Fishery Management Council, 50 Water Street, Newburyport, MA 01950. These documents are also accessible via the internet at www.nefmc.org. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. SUPPLEMENTARY INFORMATION: Background The small-mesh multispecies fishery is managed by the New England Fishery Management Council within the Northeast Multispecies Fishery Management Plan (FMP). The fishery is composed of five stocks of three species of hakes: Northern silver hake; southern silver hake; northern red hake; southern red hake; and offshore hake. Southern silver hake and offshore hake are often grouped together and collectively referred to as ``southern whiting.'' Amendment 19 to the FMP (78 FR 20260; April 4, 2013) established a process and framework for setting catch specifications for the small-mesh fishery. The FMP requires the specification of an overfishing limit (OFL), acceptable biological catch (ABC), annual catch limit (ACL), and total allowable landings (TAL) for each stock within the fishery for up to three years at a time, based on the most recent stock projections for upcoming years. This action implements the Council's recommended small-mesh multispecies specifications for the 2018 fishing year, announces projected 2019 and 2020 specifications as recommended by the Council, and makes a minor regulatory correction. The proposed rule for this action published in the Federal Register on April 12, 2018 (83 FR 15780), and comments were accepted through April 27, 2018. Additional background information regarding the development [[Page 27714]] of these specifications was provided in the proposed rule (83 FR 15780; April 12, 2018) and is not repeated here. Final Specifications This action implements the final 2018 and projected 2019-2020 small-mesh multispecies specifications as proposed (Table 1). All other management measures in the small-mesh multispecies fishery (such as possession limits) will remain unchanged. By providing projected quotas for 2019 and 2020, NMFS hopes to assist fishery participants in planning ahead. The Council will review these specifications annually, and NMFS will provide notice prior to each fishing year to announce any necessary changes for 2019 and 2020. For more information on the Council's recommendations and decision-making process, please see the proposed rule (83 FR 15780). Table 1--Small-Mesh Multispecies Specifications for Fishing Years 2018-2020, With Percent Change From 2017, in Metric Tons -------------------------------------------------------------------------------------------------------------------------------------------------------- OFL ABC ACL Percent change TAL Percent change -------------------------------------------------------------------------------------------------------------------------------------------------------- Northern Silver Hake.................................... 58,350 31,030 29,475 +27 26,604 +33 Northern Red Hake....................................... 840 721 685 +45 274 +128 Southern Whiting........................................ 31,180 19,395 18,425 -35 14,465 -39 Southern Red Hake....................................... 1,150 1,060 1,007 -38 305 -59 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulatory Correction This action also corrects regulatory text specifying the red hake possession limits in the southern small-mesh exemption areas (Southern New England and Mid-Atlantic Exemption Areas). In the 2015-2017 specifications for this fishery (May 28, 2015; 80 FR 30379), we implemented a new 3,000-lb (1,361-kg) red hake possession limit for the northern exemption areas, but we did not specify that the possession limit in the southern areas would remain 5,000 lb (2,268 kg). This action revises the regulations to specify the 5,000-lb (2,268-kg) possession limit for red hake harvested in the southern small-mesh exemption areas, as originally intended by the Council. Comments and Responses The public comment period for the proposed rule ended on April 27, 2018. We received three comments from the public on this rule. One commenter asked how the input of the active fishing community contributed to the development of these specifications. These specifications were developed through the Council process, which involved multiple discussions at public Council meetings (such as meetings on June 20, 2017, in Portland, ME; on September 26, 2017, in Gloucester, MA; and on December 7, 2017, in Newport, RI) where concerns and interests of the active fishing community were considered. Active members of the fishing community also sit on the Small-Mesh Multispecies (Whiting) Advisory Panel, which makes recommendations on management of the fishery to the Council and its Small-Mesh Multispecies Committee. The public comment period announced by the proposed rule was another opportunity for fishermen to offer suggestions and improvements to the specifications. The other two comments were not relevant either to this action or to fisheries in general and did not warrant a response. No changes to the proposed specifications were made as a result of these comments. Changes From the Proposed Rule There are no substantive changes from the proposed rule. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with the Small-Mesh Multispecies FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This final rule does not duplicate, conflict, or overlap with any existing Federal rules. This action does not contain a collection of information requirement for purposes of the Paperwork Reduction Act. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of effectiveness for this rule, to ensure that the final specifications are in place as close as practicable to the start of the 2018 small- mesh multispecies fishing year, which began on May 1, 2018. This action establishes the final specifications (i.e., annual catch limits) for the small-mesh multispecies fishery for the 2018 fishing year. A delay in effectiveness well beyond the start of the 2018 fishing year would be contrary to the public interest, as it could create confusion and potential economic harm to the commercial small-mesh multispecies industry. Additionally, it could compromise the effectiveness of the new specifications in achieving optimal yield and preventing overfishing. This rule is being issued at the earliest possible date. Preparation of the proposed rule was dependent on the submission of the EA, in support of the specifications, that is developed by the Council. A complete specifications document and accompanying EA was received by NMFS in late January 2018. Documentation in support of the Council's recommended specifications is required for NMFS to provide the public with information from the environmental and economic analyses, as required in rulemaking, and to evaluate the consistency of the Council's recommendation with the Magnuson-Stevens Act and other applicable law. The proposed rule published on April 12, 2018, with a 15-day comment period ending April 27, 2018. Although the specifications from 2017 are carried into 2018 until the new catch limits are implemented, the Council has recommended changes based on the most recent assessment of the four main small-mesh multispecies stocks that should be in place as soon as possible. Harvest occurring within the first weeks of the fishing year based on old catch limits could be detrimental to southern hake stocks, including southern red hake, which is experiencing overfishing. Furthermore, this action increases the northern silver hake quota by 33 percent and increases northern red hake quota by 128 percent, providing federally permitted vessels additional harvest opportunity for the 2018 fishing year. The timely implementation of these specifications will help to ensure that the industry has the opportunity to achieve optimal yield in the fishery, and to access the increased quotas for the [[Page 27715]] northern stocks. It is also important to implement the lower southern stock catch limits as soon as possible to avoid the potential for overfishing. The commercial whiting industry has been involved in the development of these specifications and is anticipating this rule. Therefore, there would be no benefit to delaying the implementation of these specifications. For these reasons, we find that there is good cause to waive the 30-day delay in the date of effectiveness. Final Regulatory Flexibility Analysis The final regulatory flexibility analysis (FRFA) included in this final rule was prepared consistent with 5 U.S.C. 604(a), and incorporates the initial regulatory flexibility analysis (IRFA) and a summary of analyses completed to support the action. A public copy of the environmental assessment/IRFA is available from the Council (see ADDRESSES). The preamble to the proposed rule included a detailed summary of the analyses contained in the IRFA, and that discussion is not repeated here. A Summary of the Significant Issues Raised by the Public in Response to the IRFA, a Summary of the Agency's Assessment of Such Issues, and a Statement of Any Changes Made in the Final Rule as a Result of Such Comments NMFS did not receive any comments in response to the IRFA or regulatory flexibility analysis (RFA) process. Refer to the ``Comments and Responses'' section of this rule's preamble for more detail on the public comments that were received. No changes to the proposed rule were required to be made as a result of public comment. Description and Estimate of Number of Small Entities to Which the Rule Would Apply This final rule affects small entities engaged in commercial fishing operations within the small-mesh multispecies fishery that is a subset of the northeast multispecies fishery. For the purposes of the RFA analysis, the ownership entities (or firms), not the individual vessels, are considered to be the regulated entities. Because of this, some vessels with northeast multispecies permits may be considered to be part of the same firm because they may have the same owners. In terms of RFA, a business primarily engaged in commercial fishing activity is classified as a small business if it has combined annual gross receipts not in excess of $11 million (NAICS 11411) for all its affiliated operations worldwide. To identify these small and large firms, vessel ownership data from the permit database were grouped according to common owners and sorted by size. The current ownership data set used for this analysis is based on calendar year 2016 (the most recent complete year available) and contains average gross sales associated with those permits for calendar years 2014 through 2016. The small-mesh exempted fishery allows vessels to harvest species in designated areas using mesh sizes smaller than the minimum mesh size required by Regulated Mesh Area (RMA) regulations. To participate in the small-mesh multispecies exempted fishery, vessels must possess either a limited access multispecies permit (categories A, C, D, E or F) or an open access multispecies permit (category K). Limited access multispecies permit holders can target small-mesh multispecies with different possession limit requirements depending on fishing region and mesh size used. Open access, Category K permit holders may fish for small-mesh multispecies when participating in an exempted fishing program. Therefore, entities holding one or more multispecies permits (permit type A, C-F, K) are the entities that have the potential to be directly impacted by this action. According to the commercial database, there were 853 distinct ownership entities, based on entities' participation during the 2014-2016 time-period, that could potentially target small-mesh multispecies. This includes entities that could not be classified into a business type because they did not earn revenue from landing and selling fish in 2014-2016 and thus are considered to be small. Of the 853 total firms, 844 are categorized as small business entities and nine are categorized as large businesses. While 853 commercial entities have the potential to be impacted by the proposed action, not all of these entities actively land small-mesh multispecies for commercial sale. There are 406 distinct entities that commercially sold small-mesh multispecies from 2014-2016 and may be directly affected by the proposed action. Of those, 404 are categorized as small businesses. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements No additional reporting, recordkeeping, or other compliance requirements are included in this final rule. Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes Specification of commercial catch limits is constrained by the conservation objectives of in the FMP and implemented at 50 CFR part 648 under the Magnuson-Stevens Act. This action implements final 2018 and projected 2019-2020 commercial catch specifications for the small- mesh multispecies fishery based on the most recent stock assessment update. The Council also considered taking no action, where the same catch limits and specifications from 2017 would continue into 2018 with no change. Only these two alternatives were considered by the Council. The alternative status quo specifications do not address the overfishing and overfished designations raised by the 2017 stock assessment update, and thus do not meet the Magnuson-Stevens Act requirements. The specifications implemented by this final rule minimize the economic impacts on small entities to the extent practicable while adhering to the conservation requirements of the Magnuson-Stevens Act. As described in the proposed rule for this action, we do not anticipate these specifications to have a significant impact on those small entities to which this final rule would apply. Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ``small entity compliance guides.'' The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a letter to permit holders that also serves as small entity compliance guide was prepared and will be sent to all holders of Federal permits issued for the small-mesh multispecies fishery. In addition, copies of this final rule and guide (i.e., permit holder letter) are available from NMFS at the following website: www.greateratlantic.fisheries.noaa.gov. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. [[Page 27716]] Dated: June 11, 2018. Donna S. Wieting, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended as follows: PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES 0 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. In Sec. 648.86, revise the introductory text of paragraphs of (d)(1)(i), (ii), and (iii) and add paragraph (d)(1)(v) to read as follows: Sec. 648.86 NE Multispecies possession restrictions. * * * * * (d) * * * (1) * * * (i) Vessels possessing on board or using nets of mesh size smaller than 2.5 in (6.35 cm). Owners or operators of a vessel may possess and land not more than 3,500 lb (1,588 kg) of combined silver hake and offshore hake, if either of the following conditions apply: * * * * * (ii) Vessels possessing on board or using nets of mesh size equal to or greater than 2.5 in (6.35 cm) but less than 3 in (7.62 cm). An owner or operator of a vessel that is not subject to the possession limit specified in paragraph (d)(1)(i) of this section may possess and land not more than 7,500 lb (3,402 kg) of combined silver hake and offshore hake if either of the following conditions apply: * * * * * (iii) Vessels possessing on board or using nets of mesh size equal to or greater than 3 in (7.62 cm). An owner or operator of a vessel that is not subject to the possession limits specified in paragraphs (d)(1)(i) and (ii) of this section may possess and land not more than 30,000 lb (13,608 kg) of combined silver hake and offshore hake when fishing in the GOM or GB Exemption Areas, as described in Sec. 648.80(a), and not more than 40,000 lb (18,144 kg) of combined silver hake and offshore hake when fishing in the SNE or MA Exemption Areas, as described in Sec. 648.80(b)(10) and (c)(5), respectively, if both of the following conditions apply: * * * * * (v) Possession limits for red hake. Vessels participating in the small-mesh multispecies fishery consistent with paragraph (d)(1) of this section, may possess and land not more than 3,000 lb (1,361 kg) of red hake when fishing in the GOM or GB Exemption areas, as described in Sec. 648.80(a), and not more than 5,000 lb (2,268 kg) of red hake when fishing in the SNE or MA Exemption Areas, as described in Sec. 648.80(b)(10) and (c)(5), respectively. * * * * * [FR Doc. 2018-12780 Filed 6-13-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27713
FR 28355, May 22, 2001) or Executive submit a report containing this rule and to establish allowable catch limits for
Order 13045, entitled ‘‘Protection of other required information to the U.S. each stock within the fishery to control
Children from Environmental Health Senate, the U.S. House of overfishing while allowing optimum
Risks and Safety Risks’’ (62 FR 19885, Representatives, and the Comptroller yield, consistent with the Magnuson-
April 23, 1997); nor is it considered a General of the United States prior to Stevens Fishery Conservation and
regulatory action under Executive Order publication of the rule in the Federal Management Act. The intent of this
13771, entitled ‘‘Reducing Regulations Register. This action is not a ‘‘major action is to inform the public of these
and Controlling Regulatory Costs’’ (82 rule’’ as defined by 5 U.S.C. 804(2). specifications for the 2018 fishing year,
FR 9339, February 3, 2017). This action projected specifications for 2019–2020,
does not contain any information List of Subjects in 40 CFR Part 180
and the regulatory correction.
collections subject to OMB approval Environmental protection, DATES: Effective June 14, 2018, through
under the Paperwork Reduction Act Administrative practice and procedure, April 30, 2019.
(PRA), 44 U.S.C. 3501 et seq., nor does Agricultural commodities, Pesticides ADDRESSES: Copies of these
it require any special considerations and pests, Reporting and recordkeeping specifications, including the
under Executive Order 12898, entitled requirements. Environmental Assessment (EA),
‘‘Federal Actions to Address Dated: May 29, 2018. Regulatory Flexibility Act Analyses, and
Environmental Justice in Minority other supporting documents for the
Richard P. Keigwin, Jr.,
Populations and Low-Income action, are available upon request from
Director, Office of Pesticide Programs.
Populations’’ (59 FR 7629, February 16, Thomas A. Nies, Executive Director,
1994). Therefore, 40 CFR chapter I is
New England Fishery Management
Since tolerances and exemptions that amended as follows:
Council, Mid-Atlantic Fishery
are established on the basis of a petition
PART 180—[AMENDED] Management Council, 50 Water Street,
under FFDCA section 408(d), such as
Newburyport, MA 01950. These
the tolerance exemption in this action,
■ 1. The authority citation for part 180 documents are also accessible via the
do not require the issuance of a
proposed rule, the requirements of the continues to read as follows: internet at www.nefmc.org.
Regulatory Flexibility Act (RFA) (5 Authority: 21 U.S.C. 321(q), 346a and 371. FOR FURTHER INFORMATION CONTACT:
U.S.C. 601 et seq.) do not apply. ■ 2. Add § 180.1356 to subpart D to read Cynthia Hanson, Fishery Management
This action directly regulates growers, as follows: Specialist, (978) 281–9180.
food processors, food handlers, and food SUPPLEMENTARY INFORMATION:
retailers, not States or tribes. As a result, § 180.1356 Extract of Swinglea glutinosa;
exemption from the requirement of a Background
this action does not alter the
relationships or distribution of power tolerance. The small-mesh multispecies fishery
and responsibilities established by Residues of the biochemical pesticide is managed by the New England Fishery
Congress in the preemption provisions Extract of Swinglea glutinosa are exempt Management Council within the
of FFDCA section 408(n)(4). As such, from the requirement of a tolerance in Northeast Multispecies Fishery
EPA has determined that this action will or on all food commodities when Management Plan (FMP). The fishery is
not have a substantial direct effect on applied pre-harvest in accordance with composed of five stocks of three species
States or tribal governments, on the label directions and good agricultural of hakes: Northern silver hake; southern
relationship between the national practices. silver hake; northern red hake; southern
government and the States or tribal [FR Doc. 2018–12809 Filed 6–13–18; 8:45 am] red hake; and offshore hake. Southern
governments, or on the distribution of BILLING CODE 6560–50–P
silver hake and offshore hake are often
power and responsibilities among the grouped together and collectively
various levels of government or between referred to as ‘‘southern whiting.’’
the Federal Government and Indian Amendment 19 to the FMP (78 FR
DEPARTMENT OF COMMERCE 20260; April 4, 2013) established a
tribes. Thus, EPA has determined that
Executive Order 13132, entitled National Oceanic and Atmospheric process and framework for setting catch
‘‘Federalism’’ (64 FR 43255, August 10, Administration specifications for the small-mesh
1999), and Executive Order 13175, fishery. The FMP requires the
entitled ‘‘Consultation and Coordination 50 CFR Part 648 specification of an overfishing limit
with Indian Tribal Governments’’ (65 FR (OFL), acceptable biological catch
67249, November 9, 2000), do not apply [Docket No. 180209147–8509–02] (ABC), annual catch limit (ACL), and
to this action. In addition, this action total allowable landings (TAL) for each
RIN 0648–BH76
does not impose any enforceable duty or stock within the fishery for up to three
contain any unfunded mandate as Fisheries of the Northeastern United years at a time, based on the most recent
described under Title II of the Unfunded States; 2018–2020 Small-Mesh stock projections for upcoming years.
Mandates Reform Act (UMRA) (2 U.S.C. Multispecies Specifications This action implements the Council’s
1501 et seq.). recommended small-mesh multispecies
This action does not involve any AGENCY: National Marine Fisheries specifications for the 2018 fishing year,
technical standards that would require Service (NMFS), National Oceanic and announces projected 2019 and 2020
EPA’s consideration of voluntary Atmospheric Administration (NOAA), specifications as recommended by the
consensus standards pursuant to section Commerce. Council, and makes a minor regulatory
daltland on DSKBBV9HB2PROD with RULES
12(d) of the National Technology ACTION: Final rule. correction.
Transfer and Advancement Act The proposed rule for this action
(NTTAA) (15 U.S.C. 272 note). SUMMARY: NMFS issues final 2018 and published in the Federal Register on
projected 2019–2020 specifications for April 12, 2018 (83 FR 15780), and
V. Congressional Review Act the small-mesh multispecies fishery, comments were accepted through April
Pursuant to the Congressional Review and corrects an error from a previous 27, 2018. Additional background
Act (5 U.S.C. 801 et seq.), EPA will action. The specifications are necessary information regarding the development
VerDate Sep<11>2014 15:55 Jun 13, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1](https://thefederalregister.org/doc/83_FR_27828/page/1.svg)
![27716 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
Dated: June 11, 2018. possess and land not more than 3,000 lb moratorium on the harvest of gold corals
Donna S. Wieting, (1,361 kg) of red hake when fishing in in the Pacific Islands Region (73 FR
Acting Deputy Assistant Administrator for the GOM or GB Exemption areas, as 47098, August 13, 2008). The measure
Regulatory Programs, National Marine described in § 648.80(a), and not more was a precautionary response to
Fisheries Service. than 5,000 lb (2,268 kg) of red hake research that suggested that gold coral
For the reasons set out in the when fishing in the SNE or MA growth rates and recruitment were
preamble, 50 CFR part 648 is amended Exemption Areas, as described in much lower than previously known.
as follows: § 648.80(b)(10) and (c)(5), respectively. The Council considered additional
* * * * * research in 2012 that included refined
PART 648—FISHERIES OF THE [FR Doc. 2018–12780 Filed 6–13–18; 8:45 am] gold coral growth rates and the
NORTHEASTERN UNITED STATES BILLING CODE 3510–22–P
identification of previously unknown
habitat requirements. Based on that
■ 1. The authority citation for part 648 information, in 2013 the Council
continues to read as follows: DEPARTMENT OF COMMERCE recommended that NMFS extend the
Authority: 16 U.S.C. 1801 et seq. moratorium for five years, which the
National Oceanic and Atmospheric agency did in May 2013 (78 FR 32181,
■ 2. In § 648.86, revise the introductory
Administration May 29, 2013).
text of paragraphs of (d)(1)(i), (ii), and The current moratorium is scheduled
(iii) and add paragraph (d)(1)(v) to read to expire on June 30, 2018, but the
50 CFR Part 665
as follows: Council continues to be concerned
[Docket No. 180202114–8513–02]
§ 648.86 NE Multispecies possession about uncertainties related to slow gold
restrictions. RIN 0648–BH60 coral growth rates, taxonomy, and
* * * * * complex habitat requirements.
(d) * * * Pacific Island Fisheries; 5-Year Extending the moratorium another five
(1) * * * Extension of Moratorium on Harvest of years will provide additional time for
(i) Vessels possessing on board or Gold Corals further research and for the Council to
using nets of mesh size smaller than 2.5 develop sustainable management
AGENCY: National Marine Fisheries
in (6.35 cm). Owners or operators of a measures for gold corals. Based on the
Service (NMFS), National Oceanic and
vessel may possess and land not more Council’s concerns, NMFS is extending
Atmospheric Administration (NOAA),
than 3,500 lb (1,588 kg) of combined the moratorium on harvesting gold
Commerce.
silver hake and offshore hake, if either corals for five years, through June 30,
of the following conditions apply: ACTION: Final rule. 2023.
* * * * * Additional background information
SUMMARY: This final rule extends the
(ii) Vessels possessing on board or on this action is in the preamble to the
region-wide moratorium on the harvest
using nets of mesh size equal to or proposed rule (83 FR 18260, April 26,
of gold corals in the U.S. Pacific Islands
greater than 2.5 in (6.35 cm) but less 2018).
through June 30, 2023. NMFS intends
than 3 in (7.62 cm). An owner or this final rule to prevent overfishing and Comments and Responses
operator of a vessel that is not subject to stimulate research on gold corals.
to the possession limit specified in On April 26, 2018, NMFS published
DATES: This rule is effective July 16, a proposed rule and request for public
paragraph (d)(1)(i) of this section may
2018. comments (83 FR 18260). The comment
possess and land not more than 7,500 lb
(3,402 kg) of combined silver hake and ADDRESSES: Background information on period ended May 11, 2018. NMFS
offshore hake if either of the following Pacific Island precious coral fisheries is received input from four commenters,
conditions apply: found in the fishery ecosystem plans all generally in support of the rule. We
available from the Western Pacific respond below to specific comments.
* * * * * Comment 1: Additional research on
(iii) Vessels possessing on board or Fishery Management Council (Council),
1164 Bishop St., Suite 1400, Honolulu, gold coral growth rates would help
using nets of mesh size equal to or develop sustainable catch levels in the
greater than 3 in (7.62 cm). An owner HI 96813, tel (808) 522–8220, fax (808)
522–8226, or www.wpcouncil.org. future.
or operator of a vessel that is not subject Response: NMFS agrees research is
to the possession limits specified in FOR FURTHER INFORMATION CONTACT: Kate needed on the biology of gold corals to
paragraphs (d)(1)(i) and (ii) of this Taylor, NMFS PIR Sustainable quantify the impacts of possible future
section may possess and land not more Fisheries, (808)725–5182. harvesting on these coral species.
than 30,000 lb (13,608 kg) of combined SUPPLEMENTARY INFORMATION: Precious Extending the moratorium may
silver hake and offshore hake when corals (also called deep-sea corals) stimulate this needed research.
fishing in the GOM or GB Exemption include black, pink, red, bamboo, and Comment 2: NMFS should reduce
Areas, as described in § 648.80(a), and gold corals, and are harvested for use in harvest effort gradually until the long-
not more than 40,000 lb (18,144 kg) of high quality jewelry. NMFS and the term optimal level is achieved and gold
combined silver hake and offshore hake Council manage the fishery for precious corals are allowed to recover.
when fishing in the SNE or MA corals in the U.S. Pacific Islands under Response: Prior to the implementation
Exemption Areas, as described in fishery ecosystem plans (FEP) for of the first moratorium in 2008, the gold
§ 648.80(b)(10) and (c)(5), respectively, American Samoa, Hawaii, the Mariana coral fishery was regulated by an annual
if both of the following conditions Archipelago (Guam and the Northern harvest quota of 240 kg. This quota was
daltland on DSKBBV9HB2PROD with RULES
apply: Mariana Islands), and the Pacific divided between two coral beds located
* * * * * Remote Islands Area. The U.S. fishery in the main Hawaiian Islands (20 kg
(v) Possession limits for red hake. for gold corals in the Pacific Islands has each), and two coral beds located in the
Vessels participating in the small-mesh been dormant since 2001. Northwestern Hawaiian Islands (33.5
multispecies fishery consistent with In 2008, the Council recommended, and 66.5 kg). The Council considered a
paragraph (d)(1) of this section, may and NMFS implemented, a five-year range of new management alternatives
VerDate Sep<11>2014 15:55 Jun 13, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1](https://thefederalregister.org/doc/83_FR_27828/page/4.svg)
Document Created: 2018-06-14 01:38:34
Document Modified: 2018-06-14 01:38:34
| 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 rule. | |
| Dates | Effective June 14, 2018, through April 30, 2019. | |
| Contact | Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. | |
| FR Citation | 83 FR 27713 | |
| RIN Number | 0648-BH76 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR