83 FR 27716 - 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 115 (June 14, 2018)

Page Range		27716-27717
FR Document		2018-12817

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

Federal Register, Volume 83 Issue 115 (Thursday, June 14, 2018)

[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27716-27717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12817]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 180202114-8513-02]
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: Final rule.

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

DATES: This rule is effective July 16, 2018.

ADDRESSES: Background information on Pacific Island precious coral 
fisheries is found in the fishery ecosystem plans 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.

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

SUPPLEMENTARY INFORMATION: Precious corals (also called deep-sea 
corals) include black, pink, red, bamboo, and gold corals, and are 
harvested for use in high quality jewelry. NMFS and the Council manage 
the fishery for precious corals in the U.S. Pacific Islands under 
fishery ecosystem plans (FEP) for American Samoa, Hawaii, the Mariana 
Archipelago (Guam and the Northern Mariana Islands), and the Pacific 
Remote Islands Area. The U.S. fishery for gold corals in the Pacific 
Islands has been dormant since 2001.
    In 2008, the Council recommended, and NMFS implemented, a five-year 
moratorium on the harvest of gold corals in the Pacific Islands Region 
(73 FR 47098, August 13, 2008). The measure was a precautionary 
response to research that suggested that gold coral growth rates and 
recruitment were much lower than previously known.
    The Council considered additional research in 2012 that included 
refined gold coral growth rates and the identification of previously 
unknown habitat requirements. Based on that information, in 2013 the 
Council recommended that NMFS extend the moratorium for five years, 
which the agency did in May 2013 (78 FR 32181, May 29, 2013).
    The current moratorium is scheduled to expire on June 30, 2018, but 
the Council continues to be concerned about uncertainties related to 
slow gold coral growth rates, taxonomy, and complex habitat 
requirements. Extending the moratorium another five years will provide 
additional time for further research and for the Council to develop 
sustainable management measures for gold corals. Based on the Council's 
concerns, NMFS is extending the moratorium on harvesting gold corals 
for five years, through June 30, 2023.
    Additional background information on this action is in the preamble 
to the proposed rule (83 FR 18260, April 26, 2018).

Comments and Responses

    On April 26, 2018, NMFS published a proposed rule and request for 
public comments (83 FR 18260). The comment period ended May 11, 2018. 
NMFS received input from four commenters, all generally in support of 
the rule. We respond below to specific comments.
    Comment 1: Additional research on gold coral growth rates would 
help develop sustainable catch levels in the future.
    Response: NMFS agrees research is needed on the biology of gold 
corals to quantify the impacts of possible future harvesting on these 
coral species. Extending the moratorium may stimulate this needed 
research.
    Comment 2: NMFS should reduce harvest effort gradually until the 
long-term optimal level is achieved and gold corals are allowed to 
recover.
    Response: Prior to the implementation of the first moratorium in 
2008, the gold coral fishery was regulated by an annual harvest quota 
of 240 kg. This quota was divided between two coral beds located in the 
main Hawaiian Islands (20 kg each), and two coral beds located in the 
Northwestern Hawaiian Islands (33.5 and 66.5 kg). The Council 
considered a range of new management alternatives

[[Page 27717]]

in 2008, including a moratorium and 50 percent reduction in quota at 
each coral bed. NMFS analyzed the effect of a 50 percent reduction in 
quota and found that the potential risk of overfishing gold corals 
would be reduced, but not eliminated. If gold coral growth rates are as 
low as indicated, reducing the current quota by 50 percent may result 
in unsustainable harvest. Furthermore, given the high operating costs 
and associated safety risks, harvest at low levels may not be 
economically viable.
    Comment 3: NMFS should conduct an economic analysis on the effects 
of the moratorium.
    Response: NMFS assessed the costs and benefits of the proposed 
action and other alternatives pursuant to Executive Order 12866. Gold 
coral harvesting has occurred infrequently during the past 50 years, 
with only 2 entities ever harvesting gold corals commercially in the 
region. The fishery was dormant for the seven years prior to the 
implementation of the moratorium in 2008. If the moratorium expires, 
consumers and fishermen might gain in the short term in being able to 
trade in gold corals. However, if such harvests are unsustainable, 
consumers and fishermen may face negative impacts from potential 
fishery closures in the long term.
    Comment 4: NMFS should extend the moratorium for ten years.
    Response: The five-year moratorium provides time for researchers to 
conduct gold coral research and share their results with managers. This 
time period provides the impetus for the research to be conducted so 
that the fishery can be re-opened as soon as possible, if the research 
indicates that the fishery could be sustainable. After five years, the 
Council would review the best available scientific information and 
recommend appropriate management actions.
    Comment 5: Why do gold corals need conservation relative to other 
precious corals?
    Response: While all precious corals grow slowly and have low rates 
of mortality and recruitment, gold corals grow more slowly and live 
longer than other precious corals in the region. For example, whereas 
pink and black coral colonies may be less than 100 years old, gold 
coral colonies may be several hundred to several thousand years old. 
Slower growth rates and longer lives make gold corals more vulnerable 
to overfishing than other precious corals. Thus, gold corals require 
different conservation and management measures than other precious 
corals.

Changes From the Proposed Rule

    This final rule contains no changes from the proposed rule.
Classification
    The Administrator, Pacific Islands Region, NMFS, determined that 
this action is necessary for the conservation and management of the 
gold coral fishery and that it is consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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. The factual basis for the certification was published in the 
proposed rule and is not repeated here. As a result, a regulatory 
flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 665

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

    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, NMFS amends 50 CFR part 
665 as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 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:
* * * * *
    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. 2018-12817 Filed 6-13-18; 8:45 am]
 BILLING CODE 3510-22-P

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

Document Created: 2018-06-14 01:38:35
Document Modified: 2018-06-14 01:38:35

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		This rule is effective July 16, 2018.
Contact		Kate Taylor, NMFS PIR Sustainable Fisheries, (808)725-5182.
FR Citation		83 FR 27716
RIN Number		0648-BH60
CFR Associated		Administrative Practice and Procedure; American Samoa; Deep Sea Coral; Fisheries; Fishing; Guam; Hawaii; Northern Mariana Islands; Pacific Remote Island Areas and Precious Coral

83 FR 27716 - 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 115 (June 14, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration