83_FR_5075 83 FR 5051 - Pacific Island Fisheries; 2017 Hawaii Kona Crab Annual Catch Limit and Accountability Measure

83 FR 5051 - Pacific Island Fisheries; 2017 Hawaii Kona Crab Annual Catch Limit and Accountability Measure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 24 (February 5, 2018)

Page Range5051-5052
FR Document2018-02162

In this final rule, NMFS specifies an annual catch limit (ACL) for 2017 of 3,500 lb for Hawaii Kona crab, and an accountability measure (AM) to correct or mitigate any overages of the catch limit. The ACL and AM support the long-term sustainability of fishery resources of the U.S. Pacific Islands.

Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5051-5052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02162]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 170915903-8077-02]
RIN 0648-XF706


Pacific Island Fisheries; 2017 Hawaii Kona Crab Annual Catch 
Limit and Accountability Measure

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

ACTION: Final specification.

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SUMMARY: In this final rule, NMFS specifies an annual catch limit (ACL) 
for 2017 of 3,500 lb for Hawaii Kona crab, and an accountability 
measure (AM) to correct or mitigate any overages of the catch limit. 
The ACL and AM support the long-term sustainability of fishery 
resources of the U.S. Pacific Islands.

DATES: The final specification is effective March 7, 2018. The final 
specification is applicable from January 1, 2017, through December 31, 
2017.

ADDRESSES: The Fishery Ecosystem Plan for the Hawaiian Archipelago is 
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 http://www.wpcouncil.org. Copies of the 
environmental analysis 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 an ACL of 3,500 lb of 
Hawaii Kona crab for fishing year 2017. NMFS proposed this 
specification on December 20, 2017 (82 FR 60366), and the final 
specification does not differ from the proposed. The 2017 fishing year 
began on January 1 and ended on December 31.
    The Council recommended the ACL based on a recommended acceptable 
biological catch of 3,500 lb from its Scientific and Statistical 
Committee, and the results of an October 2015 stock assessment. The 
stock assessment found that the Hawaii Kona crab stock had reached an 
overfished status (<50 percent of BMSY, biomass at maximum 
sustainable yield) in 2006, and was likely still overfished in 2010. 
The assessment also included biomass projections for 2010-2030 under 
three commercial landings scenarios: Zero lb, 7,000 lb, and 8,000 lb.
    At a constant 7,000-lb annual commercial harvest rate, the 
assessment estimated that Kona crab biomass would increase above 50 
percent of BMSY by 2030, but due to uncertainty, there was a 
chance that stock biomass could potentially decline to zero lb by 2020. 
In developing the ACL, the Council also considered information 
indicating a 50:50 male to female landings ratio, and information 
suggesting that crabs disentangled from Kona crab may have injuries 
that could result in mortality rates as high as 100 percent if limbs 
are lost. Therefore, to meet the objective of rebuilding stock biomass 
to levels >50 percent of BMSY, and limit total fishing 
mortality to 7,000 lb, the Council recommended an ACL of 3,500 lb. NMFS 
is planning to complete a benchmark assessment for Hawaii Kona crab in 
2019, which could be available for management use in fishing year 2020.
    As an AM, NMFS will apply a 3-year average catch to evaluate 
fishery performance against the ACL. Specifically, NMFS will use the 
average catch of fishing years 2015, 2016, and 2017, to evaluate 
fishery performance against the 2017 ACL. If, after the end of the 
fishing year, NMFS and the Council determine that the 3-year average 
catch exceeded the specified ACL, NMFS and the Council will reduce the 
ACL for that fishery by the amount of the overage in the subsequent 
year. The Council recommended an AM based on multi-year average catch 
data to reduce the influence of inter-annual variability in catch 
estimates in evaluating fishery performance against the ACL.
    You may review additional background information on this action in 
the preamble to the proposed specification (82 FR 60366; December 20, 
2017); we do not repeat that information here.

Comments and Responses

    The comment period for the proposed specification ended on January 
4, 2018. NMFS received two public comments that were not relevant to 
this rulemaking.

Changes From the Proposed Specification

    There are no changes in the final specification from the proposed 
specification.

Classification

    The Regional Administrator, NMFS PIR, determined that this action 
is necessary for the conservation and management of Pacific Island 
fisheries, 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

[[Page 5052]]

entities. NMFS published the factual basis for certification in the 
proposed specification, 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: January 30, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-02162 Filed 2-2-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations                                          5051

                                              Scaup                                                   ACTION:   Final specification.                        information suggesting that crabs
                                                Season Dates: Open November 4,                                                                              disentangled from Kona crab may have
                                                                                                      SUMMARY:    In this final rule, NMFS                  injuries that could result in mortality
                                              2017, through January 28, 2018.                         specifies an annual catch limit (ACL) for
                                                Daily Bag Limits: Seven including no                                                                        rates as high as 100 percent if limbs are
                                                                                                      2017 of 3,500 lb for Hawaii Kona crab,                lost. Therefore, to meet the objective of
                                              more than two redheads, one pintail,                    and an accountability measure (AM) to
                                              three scaup (when open), seven                                                                                rebuilding stock biomass to levels >50
                                                                                                      correct or mitigate any overages of the               percent of BMSY, and limit total fishing
                                              mallards (including no more than two                    catch limit. The ACL and AM support
                                              hen mallards), and two canvasback.                                                                            mortality to 7,000 lb, the Council
                                                                                                      the long-term sustainability of fishery               recommended an ACL of 3,500 lb.
                                                Possession Limits: Twice the daily bag
                                                                                                      resources of the U.S. Pacific Islands.                NMFS is planning to complete a
                                              limit.
                                                                                                      DATES: The final specification is                     benchmark assessment for Hawaii Kona
                                              Coots                                                   effective March 7, 2018. The final                    crab in 2019, which could be available
                                                Season Dates: Open October 14, 2017,                  specification is applicable from January              for management use in fishing year
                                              through January 28, 2018.                               1, 2017, through December 31, 2017.                   2020.
                                                Daily Bag and Possession Limits: 25                   ADDRESSES: The Fishery Ecosystem Plan                   As an AM, NMFS will apply a 3-year
                                              and 50, respectively.                                   for the Hawaiian Archipelago is                       average catch to evaluate fishery
                                                                                                      available from the Western Pacific                    performance against the ACL.
                                              Canada Geese                                                                                                  Specifically, NMFS will use the average
                                                                                                      Fishery Management Council (Council),
                                                Season Dates: Open October 14, 2017,                  1164 Bishop St., Suite 1400, Honolulu,                catch of fishing years 2015, 2016, and
                                              through January 28, 2018.                               HI 96813, tel 808–522–8220, fax 808–                  2017, to evaluate fishery performance
                                                Daily Bag and Possession Limits:                      522–8226, or http://www.wpcouncil.org.                against the 2017 ACL. If, after the end
                                              Three and six Canada geese,                             Copies of the environmental analysis                  of the fishing year, NMFS and the
                                              respectively.                                           and other supporting documents for this               Council determine that the 3-year
                                                General Conditions: All nontribal                     action, identified by NOAA–NMFS–                      average catch exceeded the specified
                                              hunters hunting band-tailed pigeons                     2017–0012, are available at http://                   ACL, NMFS and the Council will reduce
                                              and mourning doves on Reservation                       www.regulations.gov/                                  the ACL for that fishery by the amount
                                              lands shall have in their possession a                  #!docketDetail;D=NOAA-NMFS-2017-                      of the overage in the subsequent year.
                                              valid White Mountain Apache Daily or                    0012, or from Michael D. Tosatto,                     The Council recommended an AM
                                              Yearly Small Game Permit. In addition                   Regional Administrator, NMFS Pacific                  based on multi-year average catch data
                                              to a small game permit, all nontribal                   Islands Region (PIR), 1845 Wasp Blvd.                 to reduce the influence of inter-annual
                                              hunters hunting band-tailed pigeons                     Bldg. 176, Honolulu, HI 96818.                        variability in catch estimates in
                                              must have in their possession a White                   FOR FURTHER INFORMATION CONTACT:                      evaluating fishery performance against
                                              Mountain Special Band-tailed Pigeon                     Sarah Ellgen, NMFS PIR Sustainable                    the ACL.
                                              Permit. Other special regulations                       Fisheries, 808–725–5173.                                You may review additional
                                              established by the White Mountain                                                                             background information on this action
                                                                                                      SUPPLEMENTARY INFORMATION: NMFS is
                                              Apache Tribe apply on the reservation.                                                                        in the preamble to the proposed
                                              Tribal and nontribal hunters will                       specifying an ACL of 3,500 lb of Hawaii
                                                                                                      Kona crab for fishing year 2017. NMFS                 specification (82 FR 60366; December
                                              comply with all basic Federal migratory                                                                       20, 2017); we do not repeat that
                                              bird hunting regulations in 50 CFR part                 proposed this specification on
                                                                                                      December 20, 2017 (82 FR 60366), and                  information here.
                                              20 regarding shooting hours and manner
                                              of taking.                                              the final specification does not differ               Comments and Responses
                                                                                                      from the proposed. The 2017 fishing                     The comment period for the proposed
                                                Dated: January 16, 2018.                              year began on January 1 and ended on
                                              Jason Larrabee,
                                                                                                                                                            specification ended on January 4, 2018.
                                                                                                      December 31.                                          NMFS received two public comments
                                              Principal Deputy Assistant Secretary for Fish              The Council recommended the ACL                    that were not relevant to this
                                              and Wildlife and Parks, Exercising the                  based on a recommended acceptable
                                              Authority of the Assistant Secretary for Fish                                                                 rulemaking.
                                                                                                      biological catch of 3,500 lb from its
                                              and Wildlife and Parks.                                 Scientific and Statistical Committee,                 Changes From the Proposed
                                              [FR Doc. 2018–02203 Filed 2–2–18; 8:45 am]              and the results of an October 2015 stock              Specification
                                              BILLING CODE 4333–15–P                                  assessment. The stock assessment found                  There are no changes in the final
                                                                                                      that the Hawaii Kona crab stock had                   specification from the proposed
                                                                                                      reached an overfished status (<50                     specification.
                                              DEPARTMENT OF COMMERCE                                  percent of BMSY, biomass at maximum
                                                                                                      sustainable yield) in 2006, and was                   Classification
                                              National Oceanic and Atmospheric                        likely still overfished in 2010. The                    The Regional Administrator, NMFS
                                              Administration                                          assessment also included biomass                      PIR, determined that this action is
                                                                                                      projections for 2010–2030 under three                 necessary for the conservation and
                                              50 CFR Part 665                                         commercial landings scenarios: Zero lb,               management of Pacific Island fisheries,
                                              [Docket No. 170915903–8077–02]                          7,000 lb, and 8,000 lb.                               and that it is consistent with the
                                                                                                         At a constant 7,000-lb annual                      Magnuson-Stevens Fishery
                                              RIN 0648–XF706                                          commercial harvest rate, the assessment               Conservation and Management Act and
                                                                                                      estimated that Kona crab biomass would                other applicable laws.
                                              Pacific Island Fisheries; 2017 Hawaii
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                                                                                                      increase above 50 percent of BMSY by                    The Chief Counsel for Regulation of
                                              Kona Crab Annual Catch Limit and
                                                                                                      2030, but due to uncertainty, there was               the Department of Commerce certified
                                              Accountability Measure
                                                                                                      a chance that stock biomass could                     to the Chief Counsel for Advocacy of the
                                              AGENCY:  National Marine Fisheries                      potentially decline to zero lb by 2020.               Small Business Administration during
                                              Service (NMFS), National Oceanic and                    In developing the ACL, the Council also               the proposed rule stage that this action
                                              Atmospheric Administration (NOAA),                      considered information indicating a                   would not have a significant economic
                                              Department of Commerce.                                 50:50 male to female landings ratio, and              impact on a substantial number of small


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                                              5052                      Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations

                                              entities. NMFS published the factual                                         fishing allowances from the Aleutian                             adjustment (82 FR 60329, December 20,
                                              basis for certification in the proposed                                      Islands subarea to the Bering Sea                                2017).
                                              specification, and does not repeat it                                        subarea directed fisheries. These actions                           As of January 17, 2018, the
                                              here. NMFS did not receive comments                                          are necessary to provide opportunity for                         Administrator, Alaska Region, NMFS,
                                              regarding the certification and has no                                       harvest of the 2018 total allowable catch                        (Regional Administrator) has
                                              reason to think that anything has                                            of pollock, consistent with the goals and                        determined that 12,200 mt of Aleut
                                              changed to affect it. As a result, a final                                   objectives of the Fishery Management                             Corporation’s DFA and 1,900 mt of
                                              regulatory flexibility analysis is not                                       Plan for Groundfish of the Bering Sea                            pollock CDQ DFA in the Aleutian
                                              required, and one was not prepared.                                          and Aleutian Islands Management Area.                            Islands subarea will not be harvested.
                                                This action is exempt from review                                          DATES: Effective 1200 hrs, Alaska local                          Therefore, in accordance with
                                              under Executive Order 12866.                                                 time (A.l.t.), February 5, 2018, until the                       § 679.20(a)(5)(iii)(B)(4), NMFS
                                                 Authority: 16 U.S.C. 1801 et seq.                                         effective date of the final 2018 and 2019                        reallocates 12,200 mt of Aleut
                                                Dated: January 30, 2018.                                                   harvest specifications for Bering Sea and                        Corporation’s DFA and 1,900 mt of
                                              Samuel D. Rauch, III,                                                        Aleutian Islands (BSAI) groundfish,                              pollock CDQ DFA from the Aleutian
                                              Deputy Assistant Administrator for                                           unless otherwise modified or                                     Islands subarea to the 2018 Bering Sea
                                              Regulatory Programs, National Marine                                         superseded through publication of a                              subarea allocations. The 1,900 mt of
                                              Fisheries Service.                                                           notification in the Federal Register.                            pollock CDQ DFA is added to the 2018
                                              [FR Doc. 2018–02162 Filed 2–2–18; 8:45 am]                                                                                                    Bering Sea CDQ DFA. The remaining
                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                            12,200 mt of pollock is apportioned to
                                              BILLING CODE 3510–22–P                                                       Steve Whitney, 907–586–7228.                                     the AFA Inshore sector (50 percent),
                                                                                                                           SUPPLEMENTARY INFORMATION: NMFS                                  AFA catcher/processor sector (40
                                              DEPARTMENT OF COMMERCE                                                       manages the groundfish fishery in the                            percent), and the AFA mothership
                                                                                                                           BSAI exclusive economic zone                                     sector (10 percent). The 2018 Bering Sea
                                              National Oceanic and Atmospheric                                             according to the Fishery Management                              subarea pollock incidental catch
                                              Administration                                                               Plan for Groundfish of the Bering Sea                            allowance remains at 47,888 mt. As a
                                                                                                                           and Aleutian Islands Management Area                             result, the 2018 harvest specifications
                                              50 CFR Part 679                                                              (FMP) prepared by the North Pacific                              for pollock in the Aleutian Islands
                                                                                                                           Fishery Management Council (Council)                             subarea included in the final 2017 and
                                              [Docket No. 161020985–7181–02]
                                                                                                                           under authority of the Magnuson-                                 2018 harvest specifications for
                                              RIN 0648–XF979                                                               Stevens Fishery Conservation and                                 groundfish in the BSAI (82 FR 11826,
                                                                                                                           Management Act. Regulations governing                            February 26, 2017) are revised as
                                              Fisheries of the Exclusive Economic                                          fishing by U.S. vessels in accordance                            follows: 2,500 mt to Aleut Corporation’s
                                              Zone Off Alaska; Reallocation of                                             with the FMP appear at subpart H of 50                           DFA and 0 mt to CDQ DFA.
                                              Pollock in the Bering Sea and Aleutian                                       CFR part 600 and 50 CFR part 679.                                Furthermore, pursuant to § 679.20(a)(5),
                                              Islands                                                                         In the Aleutian Islands subarea, the                          Table 5 of the final 2017 and 2018
                                              AGENCY:  National Marine Fisheries                                           portion of the 2018 pollock total                                harvest specifications for groundfish in
                                              Service (NMFS), National Oceanic and                                         allowable catch (TAC) allocated to the                           the BSAI (82 FR 11826, February 26,
                                              Atmospheric Administration (NOAA),                                           Aleut Corporation’s directed fishing                             2017), as adjusted by the inseason
                                              Commerce.                                                                    allowance (DFA) is 14,700 metric tons                            adjustment (82 FR 60329, December 20,
                                              ACTION: Temporary rule.                                                      (mt) and the Community Development                               2017), is revised to make 2018 pollock
                                                                                                                           Quota (CDQ) DFA is 1,900 mt as                                   allocations consistent with this
                                              SUMMARY:  NMFS is reallocating the                                           established by the final 2017 and 2018                           reallocation. This reallocation results in
                                              projected unused amounts of the Aleut                                        harvest specifications for groundfish in                         adjustments to the 2018 Aleut
                                              Corporation’s and the Community                                              the BSAI (82 FR 11826, February 26,                              Corporation and CDQ pollock
                                              Development Quota pollock directed                                           2017), and as adjusted by an inseason                            allocations established at § 679.20(a)(5).

                                                    TABLE 5—FINAL 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
                                                                                   DIRECTED FISHING ALLOWANCES (DFA) 1
                                                                                                                                         [Amounts are in metric tons]

                                                                                                                                                                                                2018 A season 1                  2018
                                                                                            Area and sector                                                                2018                                               B season 1
                                                                                                                                                                        Allocations                          SCA harvest
                                                                                                                                                                                          A season DFA         limit 2       B season DFA

                                              Bering Sea subarea TAC 1 ..............................................................................                         1,378,441             n/a                n/a             n/a
                                              CDQ DFA .........................................................................................................                 138,334         62,250             38,734          76,084
                                              ICA 1 .................................................................................................................            47,888            n/a                 n/a             n/a
                                              Total Bering Sea non-CDQ DFA .....................................................................                              1,192,219        536,499            333,821         655,720
                                              AFA Inshore .....................................................................................................                 596,109        268,249            166,911         327,860
                                              AFA Catcher/Processors 3 ...............................................................................                          476,888        214,599            133,529         262,288
                                                  Catch by C/Ps ..........................................................................................                      436,352        196,358                 n/a        239,994
                                                  Catch by CVs 3 .........................................................................................                       40,535         18,241                 n/a         22,294
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                                                  Unlisted C/P Limit 4 ...................................................................................                        2,384          1,073                 n/a          1,311
                                              AFA Motherships .............................................................................................                     119,222         53,650             33,382          65,572
                                              Excessive Harvesting Limit 5 ............................................................................                         208,638             n/a                n/a             n/a
                                              Excessive Processing Limit 6 ...........................................................................                          357,666             n/a                n/a             n/a
                                              Aleutian Islands subarea ABC .........................................................................                             40,788             n/a                n/a             n/a
                                              Aleutian Islands subarea TAC 1 .......................................................................                              4,900             n/a                n/a             n/a
                                              CDQ DFA .........................................................................................................                       0               0                n/a               0



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Document Created: 2018-02-03 01:24:45
Document Modified: 2018-02-03 01:24:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal specification.
DatesThe final specification is effective March 7, 2018. The final specification is applicable from January 1, 2017, through December 31, 2017.
ContactSarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173.
FR Citation83 FR 5051 
RIN Number0648-XF70

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