[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37285-37287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16040]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 100803320-1319-03]
RIN 0648-AY93


Fisheries in the Western Pacific; Mechanism for Specifying Annual 
Catch Limits and Accountability Measures

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

ACTION: Final rule.

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SUMMARY: This final rule establishes the procedures and timing for 
specifying annual catch limits (ACLs) and accountability measures (AMs) 
for western Pacific fisheries. The final rule is intended to help NMFS 
end and prevent overfishing, rebuild overfished stocks, and achieve 
optimum yield.

DATES: This rule is effective July 27, 2011.

ADDRESSES: Copies of the Fishery Ecosystem Plans (FEP) for the Pacific 
Remote Islands Areas (PRIA), American Samoa, Mariana Archipelago, 
Hawaii, and western Pacific pelagic fisheries are available from the 
Western Pacific Fishery Management Council (Council), 1164 Bishop St., 
Suite 1400, Honolulu, HI 96813, 808-522-8220, fax 808-522-8226, or 
http://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR, Sustainable 
Fisheries, 808-944-2108.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act requires that fishery management plans include a 
mechanism for specifying ACLs at a level such that overfishing does not 
occur and that does not exceed the fishing level recommendation of a 
council's Scientific and Statistical Committee (SSC). AMs are also 
required to prevent ACLs from being exceeded, and to correct or 
mitigate overage of an ACL should it occur. The requirements for ACLs 
and AMs do not apply to fisheries for stocks that are subject to 
international fishery agreements in which the U.S. participates, or for 
species with life cycles of approximately one year. ACLs and AMs are 
also not required for species classified in a fishery management plan 
as ``ecosystem component species,'' which are generally non-target 
species, not determined to be subject to overfishing, approaching 
overfished, or overfished, not likely to become subject to overfishing 
or overfished, and generally not retained for sale or personal use.
    This final rule implements the mechanism that NMFS will use to 
specify ACLs (possibly including multi-year ACLs) and AMs in western 
Pacific fisheries. Briefly, the Council will recommend an ACL to NMFS 
at least two months before the start of a fishing year. The Council 
will base its recommendation on the SSC's fishing level recommendation 
for the subject species or fishery, and may not exceed it. At least one 
month before the fishing year starts, NMFS will request public comment 
on the proposed ACL. Before the start of the fishing year, NMFS will 
notify fishermen and the public of the final ACL specification.
    NMFS will monitor the fishery on an ongoing basis throughout the 
fishing year. When an ACL is projected to be reached during the year, 
NMFS will notify fishermen and the public that fishing for the 
regulated stock will be restricted through one or more inseason 
accountability measures to ensure that the ACL is not exceeded. 
Restrictions may include, but are not limited to, closing the fishery, 
closing specific areas, changing bag limits, or otherwise restricting 
effort or catch. Any inseason restriction will generally remain in 
effect until the end of the fishing year.
    If inseason monitoring or subsequent data analyses indicate that an 
ACL was exceeded in the previous fishing year, the Council may 
recommend that NMFS reduce the ACL for the subsequent year by the 
amount of the overage.
    This rule establishes only the procedures for specifying ACLs and 
AMs. The Council and NMFS will provide the public with opportunities to 
review and comment on the ACLs and AMs for each fishery at the time 
they are proposed.

Comments and Responses

    On March 31, 2011, NMFS published a proposed rule and request for 
public comment (76 FR 17808). The public comment period ended on May 
16, 2011. Additional background information on this final rule is found 
in the preamble to the proposed rule and is not repeated here. NMFS 
received two comments that were generally supportive of this action.

Changes From the Proposed Rule

    No changes were made from the proposed rule.

[[Page 37286]]

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
the FEP amendments that establish a mechanism for specifying ACLs and 
AMs are necessary for the conservation and management of western 
Pacific fisheries, and that they are 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. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    NMFS will begin specifying ACLs and AMs for each fishery that 
requires them using the proposed notice-and-comment mechanism starting 
in fishing year 2011. When fishery-specific ACLs and AMs are specified 
through subsequent rulemaking, NMFS will assess each proposed 
specification for compliance with all applicable laws, including any 
relevant impacts on small businesses, organizations and small 
government jurisdictions, and will prepare an initial regulatory 
flexibility analysis for that action, if warranted.

List of Subjects in 50 CFR Part 665

    Accountability measures, Annual catch limits, Fisheries, Fishing, 
Western and central Pacific.

    Dated: June 21, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 665 is amended 
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., 50 CFR part 600.310.


0
2. In subpart A, add Sec.  665.4 to read as follows:


Sec.  665.4  Annual catch limits.

    (a) General. For each fishing year, the Regional Administrator 
shall specify an annual catch limit, including any overage adjustments, 
for each stock or stock complex of management unit species defined in 
subparts B through F of this part, as recommended by the Council, and 
considering the best available scientific, commercial, and other 
information about the fishery for that stock or stock complex. The 
annual catch limit shall serve as the basis for invoking accountability 
measures in paragraph (f) of this section.
    (b) Overage adjustments. If landings of a stock or stock complex 
exceed the specified annual catch limit in a fishing year, the Council 
will take action in accordance with 50 CFR 600.310(g), which may 
include recommending that the Regional Administrator reduce the annual 
catch limit for the subsequent year by the amount of the overage or 
other measures, as appropriate.
    (c) Exceptions. The Regional Administrator is not required to 
specify an annual catch limit for a management unit species that is 
statutorily excepted from the requirement pursuant to 50 CFR 
600.310(h)(2), or that the Council has identified as an ecosystem 
component species. The Regional Administrator will publish in the 
Federal Register the list of ecosystem component species, and will 
publish any changes to the list, as necessary.
    (d) Annual catch target. For each fishing year, the Regional 
Administrator may also specify an annual catch target that is below the 
annual catch limit of a stock or stock complex, as recommended by the 
Council. When used, the annual catch target shall serve as the basis 
for invoking accountability measures in paragraph (f) of this section.
    (e) Procedures and timing. (1) No later than 60 days before the 
start of a fishing year, the Council shall recommend to the Regional 
Administrator an annual catch limit, including any overage adjustment, 
for each stock or stock complex. The recommended limit should be based 
on a recommendation of the SSC of the acceptable biological catch for 
each stock or stock complex. The Council may not recommend an annual 
catch limit that exceeds the acceptable biological catch recommended by 
the SSC. The Council may also recommend an annual catch target below 
the annual catch limit.
    (2) No later than 30 days before the start of a fishing year, the 
Regional Administrator shall publish in the Federal Register a notice 
of the proposed annual catch limit specification and any associated 
annual catch target, and request public comment.
    (3) No later than the start of a fishing year, the Regional 
Administrator shall publish in the Federal Register and use other 
methods to notify permit holders of the final annual catch limit 
specification and any associated annual catch target.
    (f) Accountability measures. When any annual catch limit or annual 
catch target is projected to be reached, based on available 
information, the Regional Administrator shall publish notification to 
that effect in the Federal Register and shall use other means to notify 
permit holders.
    (1) The notice will include an advisement that fishing for that 
stock or stock complex will be restricted beginning on a specified 
date, which shall not be earlier than 7 days after the date of filing 
the notice for public inspection at the Office of the Federal Register. 
The restriction may include, but is not limited to, closure of the 
fishery, closure of specific areas, changes to bag limits, or 
restrictions in effort. The restriction will remain in effect until the 
end of the fishing year, except that the Regional Administrator may, 
based on a recommendation from the Council, remove or modify the 
restriction before the end of the fishing year.
    (2) It is unlawful for any person to conduct fishing in violation 
of the restrictions specified in the notification issued pursuant to 
paragraph (f)(1) of this section.


0
3. In Sec.  665.12, add the definitions of ``Ecosystem component 
species'' and ``SSC'' in alphabetical order to read as follows:


Sec.  665.12  Definitions.

* * * * *
    Ecosystem component species means any western Pacific MUS that the 
Council has identified to be, generally, a non-target species, not 
determined to be subject to overfishing, approaching overfished, or 
overfished, not likely to become subject to overfishing or overfished, 
and generally not retained for sale or personal use.
* * * * *
    SSC means the Scientific and Statistical Committee of the Western 
Pacific Fishery Management Council.
* * * * *

0
4. In Sec.  665.15, add a new paragraph (u) to read as follows:


Sec.  665.15  Prohibitions.

* * * * *
    (u) Fail to comply with the restrictions specified in the 
notification

[[Page 37287]]

issued pursuant to Sec.  665.4(f)(1), in violation of Sec.  
665.15(f)(2).

[FR Doc. 2011-16040 Filed 6-24-11; 8:45 am]
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