[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Proposed Rules]
[Pages 53692-53695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22667]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000816233-0233-0233-01; I.D. 050200A]
RIN 0648-AK23


Fisheries off West Coast States and in the Western Pacific; 
Precious Corals Fisheries; Harvest Quotas, Definitions, Size Limits, 
Gear Restrictions, Bed Classification

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

ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS proposes a rule that would make eight changes to the 
regulations implementing the Fishery Management Plan for Precious Coral 
Fisheries of the Western Pacific Region (FMP). This proposed rule 
would: Suspend the harvest for gold coral at the established Makapuu 
Bed, Oahu; redefine ``dead precious coral'' as coral without living 
coral polyps or tissue and redefine ``live precious coral'' 
accordingly; apply minimum size restrictions only to live precious 
corals; prohibit the harvest of black coral unless it has attained a 
minimum stem diameter of 2.54 cm (1 in) or a minimum height of 122 cm 
(48 in), except in certain cases; prohibit the use of non-selective 
fishing gear to harvest precious corals; apply the current minimum size 
restriction for pink coral to all permit areas; revise the boundaries 
of the Brooks Bank Bed, Northwestern Hawaiian Islands (NWHI), reduce 
its harvest quota for pink coral, and suspend the Bed's harvest quota 
for gold coral; and establish a new NWHI precious coral permit area, 
French Frigate Shoals (FFS) Gold Pinnacles Bed, and classify this Bed 
as a conditional bed with a zero harvest quota for all species of 
precious corals. This comprehensive set of management measures is 
intended to conserve and reduce the risk of overfishing the precious 
coral resources, promote optimal utilization of the resource and 
minimize waste, facilitate effective monitoring and enforcement of 
harvest quotas, and protect precious coral beds that provide foraging 
habitat for the endangered Hawaiian monk seal.

DATES: Comments on this proposed rule will be accepted through October 
20, 2000.

ADDRESSES: Written comments on this proposed rule must be mailed to Dr. 
Charles Karnella, Administrator, Pacific Islands Area Office (PIAO), 
NMFS, 1601 Kapiolani Blvd., Rm. 1101, Honolulu HI 96814; or sent via 
facsimile (fax) to 808-973-2941. Comments will not be accepted if 
submitted via e-mail or Internet. Copies of the background document on 
the proposed regulatory adjustments, including an Environmental 
Assessment and Initial Regulatory Flexibility Analysis (IRFA), may be 
obtained from Kitty Simonds, Executive Director, Western Pacific 
Regional Fishery Management Council, 1164 Bishop St., Rm 1400, 
Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, PIAO, 808-973-2937.

SUPPLEMENTARY INFORMATION: The FMP defines precious coral as any coral 
of the genus Corallium, consisting of pink corals, as well as gold, 
bamboo, and black coral species. Pink, gold, and bamboo corals are 
found in deep water (350 - 1500 m) on solid substrate where bottom 
currents are strong. Black coral also occurs on solid substrate, but 
generally at depths less than 100 m. Precious corals typically are 
solitary and form colonies; however, they do not build reefs. All 
precious corals are slow growing and are characterized by low rates of 
mortality and recruitment. Precious corals are known to occur in waters 
of the U.S. exclusive economic zone (EEZ) around Hawaii (seven 
locations) and very likely exist off American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, and the U.S. Pacific 
Remote Island Areas. The domestic fishery for precious corals in Hawaii 
has been dormant for nearly two decades, with the exception of a 
limited black coral fishery involving less than 10 divers. Recently, 
several new firms have become interested in harvesting precious corals 
using manned submersibles in the EEZ around Hawaii. One firm with a 
permit has been harvesting precious coral from the established Makapuu 
Bed off the Island of Oahu. Also, recent research and surveys have 
provided new information on the size and condition of certain precious 
coral beds off the Hawaiian Islands, on the presence of a new precious 
coral bed at FFS, NWHI, and on the use of certain precious coral beds 
as foraging areas for the endangered Hawaiian monk seal. In response to 
this new information and a reactivated precious coral fishery, in June 
1999, the Western Pacific Fishery Management Council (Council) 
discussed the need for alternative management measures governing the 
precious coral fisheries. Subsequently, at its October 1999 meeting, 
under FMP framework procedures, the Council approved eight changes to 
the regulations implementing the FMP. These regulatory changes were 
developed by the Council's Precious Coral Plan Team, and reviewed by 
the Precious Coral Advisory Panel and the Scientific and Statistical 
Committee.
    The first change would be to suspend the harvest quota for gold 
coral at the established Makapuu Bed based on 1998 surveys that 
indicated a relatively low gold coral recruitment rate since this bed 
was last harvested in 1978. A no action alternative and a minimum size 
for harvesting gold coral at the Makapuu Bed were both rejected because 
there are insufficient data to show that these alternatives could 
effectively reduce the risk of overharvesting the gold coral resource.
    The second change would be to redefine ``dead precious coral'' as 
coral devoid of living coral polyps or tissue and to redefine ``live 
coral precious coral'' as coral that has living coral polyps or tissue. 
These changes are needed to prohibit the harvest of precious coral 
under a minimum size with live coral polyp or tissue; conversely, 
corals without any living polyp or tissue (dead coral) may be 
harvested. The current definition for dead coral is any precious coral 
that contains holes from borers or is discolored or encrusted at the 
time of removal from the seabed. This definition is too broad because 
it allows the unrestricted harvest of precious coral colonies that have 
holes, are discolored, and may be encrusted yet may still have living 
polyps. Given that scientists, using a submersible at FFS, observed a 
monk seal foraging around gold coral colonies containing living coral 
polyps, it is important that living precious corals be given optimal 
protection.
    The third change would be to apply minimum size limits to live 
precious corals only to maximize the economic yield of the fishery by 
allowing the harvest of dead coral, regardless of its size. A no action 
alternative was rejected because it prevents dead corals below the 
minimum size that have economic value from being harvested.
    The fourth change would be to prohibit the harvest of black coral 
unless it has a minimum stem diameter of 2.54 cm (1 in) or a minimum 
height of 122 cm (48 in). In order to complement State of Hawaii black 
coral regulations, the proposed rule would allow fishermen who can 
document, via State records, landings of black coral during the last 5 
years to continue to

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harvest black coral, under an exemption. These black coral would have 
to be harvested in accordance with the State's minimum harvest size 
(1.91 cm or 3/4 in stem diameter), provided the black coral is 
harvested by hand. Alternatives to applying the State's minimum harvest 
size for all fishermen (no exemption) were considered, but were 
rejected by the Council. The alternative of adopting the State's 
minimum size would not provide sufficient protection to the 
reproductive capability of the black coral stock if harvest levels 
increase significantly. Another alternative that contained no exemption 
to the Council's proposed minimum size for black coral would result in 
unacceptable economic burden on a small number of precious coral 
divers, who have previously landed black corals and operate at very low 
harvest levels in the fishery. An alternative that would have set a 
black coral harvest quota based on total pounds harvested was also 
rejected because it may not be effective in preventing overfishing, and 
because it would be difficult to enforce.
    The fifth change would be to prohibit the use of non-selective gear 
to harvest any precious coral in the EEZ of the western Pacific region. 
This measure would eliminate the use of destructive and inefficient 
gear, such as bottom dredges and tangle nets, that damage essential 
fish habitat and waste up to 60 percent of the precious corals that are 
not harvested yet are knocked down by non-selective gear. A no action 
alternative, as well as an alternative that would have prohibited the 
use of non-selective gear only in certain permit areas, were both 
rejected as providing inadequate protection to essential fish habitat 
and promoting inefficient harvest methods.
    The sixth change would be to apply the current minimum harvest size 
limit (25.4 cm or 10 in minimum height) for pink corals at established 
beds to all permit areas to prevent the harvest of pink coral colonies 
that are immature and have not reached full reproductive potential. A 
no action alternative and an alternative that would apply pink coral 
size limits only in certain permit areas were rejected because they 
would not adequately reduce the potential for overharvesting the pink 
coral resources.
    The seventh change would be to modify the boundaries of the Brooks 
Bank Bed, reduce the Bed's annual pink coral quota from 444 kg (979 lb) 
to 200 kg (441 lb), and suspend the gold coral quota. These changes 
reflect new information on the size and composition of the Bed obtained 
during a survey of the area in 1998, as well as concerns related to the 
foraging habits of a Hawaiian monk seal colony nearby at FFS. Several 
monk seals from this colony were observed spending considerable time at 
the depths where precious corals occur. It is believed that the seals 
may have been feeding on eels and fish that aggregate around the 
vertical relief provided by the standing gold coral colonies at Brooks 
Bank. A no action alternative was rejected on the basis that it could 
lead to overharvesting of pink corals, as well as affecting the 
foraging success of monk seals. An alternative that would have revised 
the Brooks Bed boundaries and classified as a refugium with a 
prohibition on the harvest of any precious coral was rejected. It was 
rejected because of the economic impact on fishermen who harvest dead 
gold and pink corals found mainly as rubble lying on the seabed. It is 
believed that dead coral rubble, which have economic value, do not 
provide foraging habitat for the Hawaiian monk seal.
     The eighth change would be to classify the newly discovered NWHI 
precious coral bed near FFS as a conditional bed to be designated as 
the ``French Frigate Shoals Gold Pinnacles Bed'' with a zero harvest 
quota for all precious coral species. This bed has an abundance of gold 
coral with an estimated standing stock of 3,000 kg (6,614 lb) and an 
estimated annual maximum sustainable yield of 80 kg (176 lb), but only 
a few small pink coral colonies that are less than 12.7 cm or 5 inches 
in height. This classification would protect live pink and gold coral 
colonies that may be providing foraging habitat for the monk seals. A 
no action alternative was rejected because without some type of 
classification, this bed would be included in the Hawaiian Islands 
exploratory permit area, which consists of all non-classified precious 
coral beds in Hawaii's EEZ and subject to an area-wide annual quota of 
1,000 kg (2,200 lb). Under this scenario, the entire 1,000 kg (2,2000 
lb) quota potentially could be harvested from the FFS Gold Pinnacles 
Bed with significant negative impact on pink and gold corals, and 
possible depletion of the foraging habitat of monk seals. A second 
alternative would have classified the FFS Gold Pinnacles Bed as a 
refugium and prohibited the take of any corals, both living and dead. 
This alternative was rejected because prohibiting the harvest of dead 
coral has significant economic impacts. A third rejected alternative 
would have classified the Bed as a conditional bed and set the annual 
quota for gold coral at the Bed at 80 kg (176 lb). This alternative was 
seen as failing to protect monk seal foraging habitat.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA describing the impact the proposed rule, if 
adopted, would have on small entities. Due to the low level of 
participation in the western Pacific precious coral fishery (estimated 
to be less than 10 divers harvesting black coral and one firm using a 
submersible to harvest precious corals during the past 20 years), 
aggregate economic impacts resulting from implementation of the 
proposed measures will be minimal unless there is a significant 
increase in the number of participants in the fishery. This analysis, 
however, found that those proposed measures that restrict the harvest 
of gold coral at the Makapuu Bed, establish a minimum harvest size for 
all pink corals, limit the harvest of pink coral and restrict the 
harvest of gold coral at the Brooks Bank Bed, and restrict the harvest 
of all precious corals from the FFS-Gold Pinnacles Bed would likely 
have a negative impact on potential fishery revenues.
    Maximum potential revenues forgone from the proposed restrictions 
on gold coral harvest at the Makapuu Bed would total approximately 
$100,000 annually in the short-run if the actual stock is of sufficient 
size to support such a harvest. However, it is believed that the 
current standing stock of gold coral is low enough that this harvest 
level would not be sustainable. The cost of forgone short-term revenues 
would be recouped in the long-term through better management of the 
Makapuu Bed.
    Potential revenues lost from the universal application of size 
restrictions for pink corals are difficult to predict since there is a 
scarcity of size composition data on existing coral resources; 
nevertheless, it is believed that a minimum size would result in 
positive benefits for potential fishery participants through the long-
term maintenance of maximum sustainable yields.
    Limitations on pink coral harvest from the Brooks Bank Bed is 
anticipated to result in the loss of potential short-run annual 
revenues of up to $146,000, but positive long-term benefits would be 
expected through the long-term maintenance of maximum sustainable 
yields. Restrictions on gold coral harvest at the Brooks Bank Bed would 
result in forgone revenues of up to $44,000, while restrictions on the 
harvest of all precious corals from the FFS-Gold

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Pinnacles Bed would be projected to result in a short-run annual loss 
of $26,000 in potential revenues, primarily from a prohibition on the 
harvest of gold coral. However, these latter two measures are 
considered vital to the protection of foraging habitat for the 
endangered Hawaiian monk seal.
    Imposing a minimum harvest size for black corals could also have a 
negative economic impact on fishery revenues. Given that the proposed 
rule would provide an exemption for historical participants who 
continue to rely on hand harvest methods, no effect on current 
participants would be expected. However, new entrants into the fishery 
would have to adhere to the Council's proposed minimum size governing 
the harvest of black coral. It is estimated that 50 percent of the 
annual average 204.5 kg (450 lbs) of black coral annually harvested 
from the EEZ meets or exceeds the proposed minimum size.
    A prohibition on the use of non-selective gear could result in 
additional costs for future participants, although only selective gear 
(e.g., manned submersibles) is being considered by new businesses 
currently interested in entering this fishery. Hand harvesters would be 
unaffected by this prohibition. Future participants who wish to use 
other harvesting methods would be required to invest in manned 
submersibles, remotely operated vehicles or other new technologies. The 
exact costs of these new technologies are unknown. It is believed that 
a remotely operated vehicle can now be obtained for $50,000, which may 
be approximately equal to the cost of setting up a non-selective 
harvest operation using tangle nets. Further, the effective yield is 
higher for submersibles compared to the wasteful practice of non-
selective gear used to harvest precious corals. A copy of the IRFA is 
available from the Council (see ADDRESSES).
    NMFS has initiated consultation under Section 7 of the Endangered 
Species Act for this proposed rule. This consultation examines Hawaii's 
precious coral fishery, managed under the proposed rule, and the 
likelihood of it having an adverse effect on Hawaiian monk seals. This 
consultation is expected to be concluded soon.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this rule. 
Comments should be sent to Dr. Charles Karnella, PIAO, (see ADDRESSES).

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing gear, Guam, Hawaiian Natives, Indians, Northern Mariana 
Islands, Reporting and recordkeeping requirements.

    Dated: August 28, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

     For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

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

     2. In Sec.  660.12, the definitions of ``dead coral'', ``live 
coral'', paragraph (2)(iii) under ``Precious coral permit area'', and 
paragraph (3) under ``Precious coral permit area'' are revised and a 
new paragraph (2)(v) under ``Precious coral permit area'' is added, to 
read as follows:


Sec.  660.12   Definitions.

* * * * *
    Dead coral means any precious coral that no longer has any live 
coral polyps or tissue.
* * * * *
    Live coral means any precious coral that has live coral polyps or 
tissue.
* * * * *
     Precious coral permit area * * *
     (2) * * *
    (iii) Brooks Bank, Permit Area C-B-3, includes the area within a 
radius of 2.5 nm of a point 23 deg.58.8' N. lat., 166 deg.42.0' W. 
long.
* * * * *
     (v) FFS-Gold Pinnacles Bed, Permit Area C-B-5, includes the area 
within a radius of 0.25 nm of a point at 23 deg.55.0' N. lat., 
165 deg.23.11' W. long.
* * * * *
     (3) Refugia. Westpac Bed, Permit Area R-1, includes the area 
within a radius of 2.0 nm of a point at 23 deg.18' N. lat., 162 deg.35' 
W. long.
* * * * *

     3. In Sec.  660.82, paragraph (c) introductory text is revised to 
read as follows:


 Sec.  660.82  Prohibitions.

* * * * *
     (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec.  660.86 unless:
* * * * *

    4. Section 660.86 is revised to read as follows:


Sec.  660.86  Size restrictions.

    The height of a live coral specimen shall be determined by a 
straight line measurement taken from its base to its most distal 
extremity. The stem diameter of a living coral specimen shall be 
determined by measuring the greatest diameter of the stem at a point no 
less than 1 inch (2.54 cm) from the top surface of the living holdfast.
    (a) Live pink coral harvested from any precious coral permit area 
must have attained a minimum height of 10 inches (25.4 cm).
    (b) Live black coral harvested from any precious coral permit area 
must have attained either a minimum stem diameter of 1 inch (2.54 cm), 
or a minimum height of 48 inches (122 cm).
    (1) An exemption permitting a person to hand harvest from any 
precious coral permit area black coral that has attained a minimum base 
diameter of 3/4 inch (1.91 cm), measured on the widest portion of the 
stem at a location just above the holdfast, will be issued to a person 
who had made a landing of black coral that is documented by the State 
of Hawaii, Department of Land and Natural Resources, within 5 years 
before the effective date of the final rule.
    (2) A person seeking an exemption under this section must submit a 
letter requesting an exemption to the NMFS Pacific Islands Area Office.

    5. Section 660.88 is revised to read as follows:


Sec.  660.88  Gear restrictions.

    Only selective gear may be used to harvest coral from any precious 
coral permit area.

    6. Table 1 to Part 660 is revised to read as follows:

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                           TABLE 1 TO PART 660--QUOTAS FOR PRECIOUS CORALS PERMIT AREAS
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             Name of coral bed                  Type of bed             Harvest quota           Number of years
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Makapuu (Oahu)                                     Established  P-2,000 kg...................                  2
                                                                G-Zero (0 kg)................                n/a
                                                                 B-500 kg....................                  2
 Keahole Point (Hawaii)                            Conditional  P-67 kg......................                  1
                                                                G-20 kg......................                  1
                                                                B-17 kg......................                  1
Kaena Point (Oahu)                                 Conditional  P-67 kg......................                  1
                                                                 G-20 kg.....................                  1
                                                                 B-17 kg.....................                  1
Brooks Bank (NWHI)                                 Conditional  P-200 kg.....................                  1
                                                                G-Zero (0 kg)................                n/a
                                                                B-111 kg.....................                  1
180 Fathom Bank (NWHI)                             Conditional  P-222 kg.....................                  1
                                                                G-67 kg......................                  1
                                                                 B-56 kg.....................                  1
FFS-Gold Pinnacles Bed (NWHI)                      Conditional  P-Zero (0 kg)................                n/a
                                                                G-Zero (0 kg)................                n/a
                                                                B-Zero (0 kg)................                n/a
Westpac Bed (NWHI)                                    Refugium   Zero (0 kg).................                n/a
Hawaii, American Samoa, Guam, U.S. Pacific         Exploratory   X-1,000 kg (all species                       1
 Island possessions                                              combined except black
                                                                 corals) per area.
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\1.\ Types of corals: P=Pink G=Gold B=Bamboo
 \2.\ No authorized fishing for coral in refugia.

[FR Doc. 00-22667 Filed 9-1-00; 8:45 am]
BILLING CODE: 3510-22 -S