[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Proposed Rules]
[Pages 66-72]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33691]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 110826540-1774-01]
RIN 0648-XA674


Western Pacific Fisheries; 2012 Annual Catch Limits and 
Accountability Measures

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

ACTION: Proposed specifications; request for comments.

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SUMMARY: NMFS proposes annual catch limits for western Pacific 
bottomfish, crustacean, precious coral, and coral reef ecosystem 
fisheries, and accountability measures to correct or mitigate any 
overages of catch limits. The proposed catch limits and accountability 
measures support the long-term sustainability of fishery resources of 
the U.S. Pacific Islands.

DATES: Comments must be received by January 18, 2012.

ADDRESSES: Comments on this proposed specification, identified by NOAA-
NMFS-2011-0269, may be sent to either of the following addresses:

[[Page 67]]

     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
     Mail: Mail written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments must be submitted to one of the two 
addresses to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent to any other address or individual, 
or received after the end of the comment period, may not be considered. 
All comments received are a part of the public record and will 
generally be posted for public viewing on www.regulations.gov without 
change. All personal identifying information (e.g., name, address, 
etc.) submitted voluntarily by the sender may be publicly accessible. 
Do not submit confidential business information, or otherwise sensitive 
or protected information. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word 
or Excel, WordPerfect, or Adobe PDF file formats only.
    Three environmental assessments (EA) were prepared that describe 
the impact on the human environment that would result from this 
proposed action. Based on the EAs, NMFS prepared a finding of no 
significant impact (FONSI) for the proposed action. Copies of the EAs 
and FONSI are available from www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: Fisheries in the U.S. Exclusive Economic 
Zone (EEZ, or Federal waters) around the U.S. Pacific Islands are 
managed under four archipelagic-based fishery ecosystem plans (FEP), 
including the American Samoa FEP, the Hawaii FEP, the Pacific Remote 
Islands FEP, and the Mariana FEP (covering Guam and the Commonwealth of 
the Northern Mariana Islands (CNMI)), and one FEP for pelagic 
fisheries. The FEPs were developed by the Western Pacific Fishery 
Management Council (Council) and implemented by NMFS under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). Each FEP contains a process for the Council 
and NMFS to specify annual catch limits (ACLs) and accountability 
measures (AMs); that process is codified at 50 CFR 665.4 (76 FR 37285, 
June 27, 2011). The regulations require NMFS to specify, every fishing 
year, an ACL for each stock and stock complex of management unit 
species (MUS) included in an FEP, as recommended by the Council and in 
consideration of the best available scientific, commercial, and other 
information about the fishery. If an ACL is exceeded, the regulations 
require the Council to take action to reduce the ACL for the subsequent 
fishing year by the amount of the overage, or take other actions, as 
appropriate.

Specification of Annual Catch Limits

    NMFS proposes to specify ACLs for bottomfish, crustacean, precious 
coral, and coral reef ecosystem fishery MUS in American Samoa, Guam, 
the CNMI, and Hawaii. NMFS based the proposed specifications on 
recommendations from the Council at its 152nd meeting held on October 
17-19, 2011. A total of 101 ACLs are proposed: 22 in American Samoa, 27 
in Guam, 22 in the CNMI, and 30 in Hawaii. The ACLs would be specified 
for the 2012 fishing year which begins on January 1 and ends on 
December 31, except for precious coral fisheries which begin on July 1 
and end on June 30 the following year.
    NMFS is not proposing ACLs at this time for bottomfish, crustacean, 
precious coral, or coral reef ecosystem MUS in the PRIA because 
commercial fishing is prohibited out to 50 nautical miles by 
Presidential Proclamation 8336 which established the Pacific Remote 
Island Marine National Monument (74 FR 1565, January 12, 2009), and 
there is no habitat to support such fisheries in the EEZ beyond the 
monument boundaries. The Council is separately working on a draft 
amendment to the relevant FEP containing fishery management measures 
for the Pacific Remote Islands Marine National Monument (as well as the 
Rose Atoll and Marianas Trench Marine National Monuments). 
Additionally, ACLs are not proposed for MUS that are currently subject 
to Federal fishing moratoria or prohibitions. They include all species 
of gold coral (73 FR 47098, August 13, 2008), all species of deepwater 
precious corals at the Westpac Bed Refugia (75 FR 2198, January 14, 
2010), and the three Hawaii seamount groundfish: pelagic armorhead, 
alfonsin, and raftfish (75 FR 69015, November 10, 2010). The current 
prohibitions on fishing for these MUS serve as a functional equivalent 
of an ACL of zero.
    NMFS is also not proposing ACLs for pelagic MUS at this time 
because it previously determined that pelagic species are subject to 
international fishery agreements or have a life cycle of approximately 
one year and, therefore, have statutory exceptions to the ACL 
requirements.
    NMFS and the Council developed the proposed ACLs in accordance with 
the FEPs and Federal regulations. At its 152nd meeting, the Council 
recommended specifying the 2012 ACL for each FEP MUS as being equal to 
the acceptable biological catch (ABC) as recommended by the Council's 
Scientific and Statistical Committee (SSC) at the 108th SSC meeting 
held October 17-19, 2011, except for precious corals in Hawaii where 
the Council recommended maintaining the current harvest quotas (which 
are lower than the ABCs) as the ACLs. The Council did not recommend 
increasing catch limits to equal the SSC's ABCs on the basis that there 
has been no activity in the precious coral fishery for over a decade 
and industry lacks the capacity to exploit an increased quota. The 
data, methods, and procedures considered by the SSC and the Council in 
developing their respective fishing level recommendations are described 
in detail in the three environmental assessments that support this 
action (see ADDRESSES).

Proposed Annual Catch Limit Specifications

                         Table 1--American Samoa
------------------------------------------------------------------------
                                    Management unit       Proposed ACL
            Fishery                     species           specification
------------------------------------------------------------------------
Bottomfish....................  Bottomfish multi-       99,200 lb
                                 species stock complex.  (44,996 kg).
Crustacean....................  Deepwater Shrimp......  80,000 lb
                                                         (36,287 kg).
                                Spiny Lobster.........  2,300 lb (1,043
                                                         kg).
                                Slipper Lobster.......  30 lb (14 kg).
                                Kona Crab.............  3,200 lb (1,451
                                                         kg).
Precious Coral................  Black Coral...........  790 kg (1,742
                                                         lb).
                                Precious Corals in the  1,000 kg (2,205
                                 American Samoa          lb).
                                 Exploratory Area.

[[Page 68]]

 
Coral Reef Ecosystem..........  Acanthuridae--surgeonf  19,516 lb (8,852
                                 ish.                    kg).
                                Lutjanidae--snappers..  18,839 lb (8,545
                                                         kg).
                                Selar                   8,396 lb (3,808
                                 crumenophthalmus--atu   kg).
                                 le or bigeye scad.
                                Mollusks--turbo snail;  16,694 lb (7,572
                                 octopus; giant clams.   kg).
                                Carangidae--jacks.....  9,490 lb (4,305
                                                         kg).
                                Lethrinidae--emperors.  7,350 lb (3,334
                                                         kg).
                                Scaridae--parrotfish..  8,145 lb (3,695
                                                         kg).
                                Serranidae--groupers..  5,600 lb (2,540
                                                         kg).
                                Holocentridae--squirre  2,585 lb (1,173
                                 lfish.                  kg).
                                Mugilidae--mullets....  2,857 lb (1,296
                                                         kg).
                                Crustaceans--crabs....  2,248 lb (1,020
                                                         kg).
                                Bolbometopon            235 lb (107 kg).
                                 muricatum--bumphead
                                 parrotfish.
                                Cheilinus undulatus--   1,743 lb (791
                                 Humphead (Napoleon)     kg).
                                 wrasse.
                                Carcharhinidae--Reef    1,309 lb (594
                                 Sharks.                 kg).
                                All Other CREMUS        18,910 lb (8,577
                                 combined.               kg).
------------------------------------------------------------------------


                   Table 2--Mariana Archipelago--Guam
------------------------------------------------------------------------
                                    Management unit       Proposed ACL
            Fishery                     species           specification
------------------------------------------------------------------------
Bottomfish....................  Bottomfish multi-       48,200 lb
                                 species stock complex.  (21,863 kg).
Crustaceans...................  Deepwater Shrimp......  48,488 lb
                                                         (21,994 kg).
                                Spiny Lobster.........  2,700 lb (1,225
                                                         kg).
                                Slipper Lobster.......  20 lb (9 kg).
                                Kona Crab.............  1,900 lb (862
                                                         kg).
Precious Coral................  Black Coral...........  700 kg (1,543
                                                         lb).
                                Precious Corals in the  1,000 kg (2,205
                                 Guam Exploratory Area.  lb).
Coral Reef Ecosystem..........  Acanthuridae--surgeonf  70,702 lb
                                 ish.                    (32,070 kg).
                                Carangidae--jacks.....  45,377 lb
                                                         (20,583 kg).
                                Selar                   56,514 lb
                                 crumenophthalmus--atu   (25,634 kg).
                                 lai or bigeye scad.
                                Lethrinidae--emperors.  38,720 lb
                                                         (17,563 kg).
                                Scaridae--parrotfish..  28,649 lb
                                                         (12,995 kg).
                                Mullidae--goatfish....  25,367 lb
                                                         (11,506 kg).
                                Mollusks--turbo snail;  21,941 lb (9,952
                                 octopus; giant clams.   kg).
                                Siganidae--rabbitfish.  26,120 lb
                                                         (11,848 kg).
                                Lutjanidae--snappers..  17,726 lb (8,040
                                                         kg).
                                Serranidae--groupers..  17,958 lb (8,146
                                                         kg).
                                Mugilidae--mullets....  15,032 lb (6,818
                                                         kg).
                                Kyphosidae--chubs/      13,247 lb (6,009
                                 rudderfish.             kg).
                                Crustaceans--crabs....  5,523 lb (2,505
                                                         kg).
                                Holocentridae--squirre  8,300 lb (3,765
                                 lfish.                  kg).
                                Algae.................  5,329 lb (2,417
                                                         kg).
                                Labridae--wrasses.....  5,195 lb (2,356
                                                         kg).
                                Bolbometopon            797 lb (362 kg)
                                 muricatum--bumphead     (CNMI and Guam
                                 parrotfish.             combined).
                                Cheilinus undulatus--   1,960 lb (889
                                 Humphead (Napoleon)     kg).
                                 wrasse.
                                Carcharhinidae--Reef    6,942 lb (3,149
                                 Sharks.                 kg).
                                All Other CREMUS        83,214 lb
                                 combined.               (37,745 kg).
------------------------------------------------------------------------


                   Table 3--Mariana Archipelago--CNMI
------------------------------------------------------------------------
                                    Management unit       Proposed ACL
            Fishery                     species           specification
------------------------------------------------------------------------
Bottomfish....................  Bottomfish multi-       182,500 lb
                                 species stock complex.  (82,781 kg).
Crustacean....................  Deepwater Shrimp......  275,570 lb
                                                         (124,996 kg).
                                Spiny Lobster.........  5,500 lb (2,495
                                                         kg).
                                Slipper Lobster.......  60 lb (27 kg).
                                Kona Crab.............  6,300 lb (2,858
                                                         kg).
Precious Coral................  Black Coral...........  2,100 kg (4,630
                                                         lb).
                                Precious Corals in the  1,000 kg (2,205
                                 CNMI Exploratory Area.  lb).
Coral Reef Ecosystem..........  Lethrinidae--emperors.  27,466 lb
                                                         (12,458 kg).
                                Carangidae--jacks.....  21,512 lb (9,758
                                                         kg).
                                Acanthuridae--surgeonf  6,884 lb (3,123
                                 ish.                    kg).
                                Selar                   7,459 lb (3,383
                                 crumenophthalmus--atu   kg).
                                 lai or bigeye scad.
                                Serranidae--groupers..  5,519 lb (2,503
                                                         kg).
                                Lutjanidae--snappers..  3,905 lb (1,771
                                                         kg).
                                Mullidae--goatfish....  3,670 lb (1,665
                                                         kg).
                                Scaridae--parrotfish..  3,784 lb (1,716
                                                         kg).
                                Mollusks--turbo snail;  4,446 lb (2,017
                                 octopus; giant clams.   kg).
                                Mugilidae--mullets....  3,308 lb (1,500
                                                         kg).

[[Page 69]]

 
                                Siganidae--rabbitfish.  2,537 lb (1,151
                                                         kg).
                                Bolbometopon            797 lb (362 kg)
                                 muricatum--bumphead     (CNMI and Guam
                                 parrotfish.             combined).
                                Cheilinus undulatus--   2,009 lb (911
                                 Humphead (Napoleon)     kg).
                                 wrasse.
                                Carcharhinidae--Reef    5,600 lb (2,540
                                 Sharks.                 kg).
                                All Other CREMUS        9,820 lb (4,454
                                 combined.               kg).
------------------------------------------------------------------------


                             Table 4--Hawaii
------------------------------------------------------------------------
                                    Management unit       Proposed ACL
            Fishery                     species           specification
------------------------------------------------------------------------
Bottomfish....................  Non-Deep 7 Bottomfish.  135,000 lb
                                                         (61,235 kg).
Crustacean....................  Deepwater Shrimp......  250,773 lb
                                                         (113,749 kg).
                                Spiny Lobster.........  10,000 lb (4,536
                                                         kg).
                                Slipper Lobster.......  280 lb (127 kg).
                                Kona Crab.............  27,600 lb
                                                         (12,519 kg).
Precious Coral................  Auau Channel Black      2,500 kg (5,512
                                 Coral.                  lb).
                                Pink/Bamboo Coral;      1,000/250 kg
                                 Makapuu Bed.            (2,205/551 lb).
                                Pink/Bamboo Coral; 180  222/56 kg (489/
                                 Fathom Bank.            123 lb).
                                Pink/Bamboo Coral;      444/111 kg (979/
                                 Brooks Bank.            245 lb).
                                Pink/Bamboo Coral;      67/17 kg (148/37
                                 Kaena Point Bed.        lb).
                                Pink/Bamboo Coral;      67/17 kg (148/37
                                 Keahole Bed.            lb).
                                Precious Corals in the  1,000 kg (2,205
                                 Hawaii Exploratory      lb).
                                 Area.
Coral Reef Ecosystem..........  Selar                   651,292 lb
                                 crumenophthalmus--aku   (295,421 kg).
                                 le or bigeye scad.
                                Decapterus macarellus-- 393,563 lb
                                 opelu or mackerel       (178,517 kg).
                                 scad.
                                Carangidae--jacks.....  193,423 lb
                                                         (87,735 kg).
                                Mullidae--goatfish....  125,813 lb
                                                         (57,068 kg).
                                Acanthuridae--surgeonf  80,545 lb
                                 ish.                    (36,535 kg).
                                Lutjanidae--snappers..  65,102 lb
                                                         (29,530 kg).
                                Holocentridae--squirre  44,122 lb
                                 lfish.                  (20,013 kg).
                                Mugilidae--mullets....  41,112 lb
                                                         (18,648 kg).
                                Mollusks--turbo         28,765 lb
                                 snails; octopus;        (13,048 kg).
                                 giant clams.
                                Scaridae--parrotfish..  33,326 lb
                                                         (15,116 kg).
                                Crustaceans--crabs....  20,686 lb (9,383
                                                         kg).
                                Carcharhinidae--Reef    111,566 lb
                                 Sharks.                 (50,605 kg).
                                All Other CREMUS        142,282 lb
                                 combined.               (64,538 kg).
------------------------------------------------------------------------

Technical Corrections to Proposed ACL Specifications

    NMFS identified several technical errors in the calculation of ABC 
for some MUS after the Council made their recommendations. Because the 
ABCs were derived from control rules and formulas contained in the 
FEPs, NMFS corrected the technical errors in this proposed 
specification by recalculating the ABCs based on the corrected 
information. NMFS has provided the corrected proposed ACL 
specifications to the Council's Executive Director and Chairperson for 
their review and concurrence that the corrected proposed ACL 
specifications are consistent with the Council's recommendation to 
establish ACLs for precious corals in Hawaii that are equal to current 
harvest quotas, and to establish ACL equal to ABC for all other 
fisheries. The resulting corrected ACL specifications are proposed 
here. Descriptions of the affected MUS, technical errors, and corrected 
ABC and ACL values are provided in the EAs, and summarized as follows:

Hawaii Deepwater Shrimp

    The pre-corrected recommended ACL for Hawaii deepwater shrimp was 
equal to the ABC of 544,000 lb, which was based on the application of 
the Tier 4 control rule: ABC = 0.91 x (maximum sustainable yield 
(MSY)). The most current estimate of MSY for the deepwater shrimp in 
Hawaii is 125 mt/yr or 275,575 lb/yr (Tagami and Ralston 1988); 
however, in calculating ABC, the value for exploitable biomass (271.4 
mt/yr or 598,328 lb) as estimated by Ralston and Tagami, (1992) was 
used instead of MSY. The resulting ACL recommendation of 544,000 
exceeded the estimated MSY by more than 268,000 lb. NMFS corrected the 
ABC by applying the correct MSY value of 125 mt/yr or 275,575 lb/yr 
into the Tier 4 control rule, resulting in a corrected ABC of 250,773 
lb. Consistent with the Council recommendation that ACL be set equal to 
ABC, NMFS proposes an ACL of 250,773 lb for Hawaii deepwater shrimp in 
2012.

CNMI Deepwater Shrimp

    The pre-corrected recommended ACL for CNMI deepwater shrimp was 
equal to the ABC of 268,000 lb, which was based on the application of 
the Tier 4 control rule: ABC = 0.91 x MSY. The most current estimate of 
MSY for the deepwater shrimp in CNMI is 137.4 mt/yr or 302,830 lb/yr 
(Moffitt and Polovina 1987); however, in calculating ABC, the incorrect 
value for MSY was used (133.8 mt/yr or 294,975 lb/yr), resulting in an 
ABC of 268,000 lb. NMFS corrected the ABC by applying the correct MSY 
value of 137.4 mt/yr or 302,830 lb/yr in the Tier 4 control rule, 
resulting in a corrected ABC of 275,575 lb. Consistent with the Council 
recommendation that ACL be set equal to ABC, NMFS proposes an ACL of 
275,575 lb for CNMI deepwater shrimp in 2012.

Guam Deepwater Shrimp

    The pre-corrected recommended ACL for Guam deepwater shrimp was 
equal to the ABC of 56,000 lb which was based on the application of the 
Tier 4 control rule: ABC = 0.91 x MSY. The

[[Page 70]]

most current estimate of MSY for the deepwater shrimp in Guam is 24.1 
mt/yr or 53,116 lb/yr (Moffitt and Polovina 1987); however, in 
calculating ABC, the incorrect value for MSY was used (27.7 mt/yr or 
61,067 lb/yr), resulting in an ABC of 56,000 lb. The resulting ACL of 
56,000 lb exceeded the MSY estimated by Moffitt and Polovina (1987) by 
over 2,800 lb. NMFS corrected the ABC by applying the correct MSY value 
of 24.1 mt/yr into the Tier 4 control rule, resulting in a corrected 
ABC of 22 mt/yr or 48,488 lb/yr. Consistent with the Council 
recommendation that ACL be set equal to ABC, NMFS proposes to specify 
an ACL of 48,488 lb for Guam deepwater shrimp in 2012.

Hawaii Pink and Bamboo Corals

    The recommended ACLs for Hawaii deepwater pink and bamboo corals at 
all established and conditional beds were set equal to the current 
harvest quotas as specified in 50 CFR 665 (75 FR 2198, January 14, 
2010), except at the Makapuu Established Bed. At this bed, the current 
harvest quotas for pink and bamboo corals are 2,000 kg and 500 kg, 
respectively, and may be taken over a two year timeframe. However, 
since ACLs must be specified annually, the recommended ACLs were set at 
one half of the current harvest quota, or 1,000 kg/yr and 250 kg/yr, 
respectively, and shown in Table 5.

   Table 5--Council Recommended ACLs for Hawaii Pink and Bamboo Corals
------------------------------------------------------------------------
                                      Pink coral ACL    Bamboo coral ACL
                Bed                        (kg)               (kg)
------------------------------------------------------------------------
Makapuu Established Bed...........              1,000                250
180 Fathom Bank Conditional Bed...                222                 56
Brooks Bank Conditional Bed.......                444                111
Kaena Point Conditional Bed.......                 67                 17
Keahole Point Conditional Bed.....                 67                 17
------------------------------------------------------------------------

    However, the Council's recommended ACL of 17 kg for bamboo corals 
at the Kaena Point and Keahole Point Conditional beds exceed the ABC of 
16 kg as calculated by the SSC at its 108th meeting as shown in Table 
6. In accordance with the Magnuson-Stevens Act and National Standard 1, 
the ACL may not exceed the ABC.

     Table 6--SSC Recommended ABCs for Hawaii Pink and Bamboo Corals
------------------------------------------------------------------------
                                      Pink coral ABC    Bamboo coral ABC
                Bed                  (0.91*MSY) (kg)    (0.91*MSY) (kg)
------------------------------------------------------------------------
Makapuu Established Bed...........              1,400                260
180 Fathom Bank Conditional Bed...              1,400                260
Brooks Bank Conditional Bed.......              1,400                260
Kaena Point Conditional Bed.......                 85                 16
Keahole Point Conditional Bed.....                 85                 16
------------------------------------------------------------------------

    The ABCs were based on the application of the Tier 4 control rule: 
ABC = 0.91 x MSY. In calculating ABC for pink coral at the Makapuu 
Established Bed, the SSC applied a revised estimate of MSY for pink 
coral reported in Grigg (2002). Specifically, Grigg (2002) estimated an 
MSY for pink coral at the Makapuu bed of 1,500 kg/year. In calculating 
ABC for bamboo coral at the Makapuu Established bed, the SSC relied on 
the MSY estimate of 285 as provided in the Hawaii FEP. Based on these 
MSY estimates the SSC calculated ABC for pink coral and bamboo coral at 
the Makapuu bed as 1,400 kg/yr and 260 kg/yr, respectively.
    There are no MSY estimates for pink or bamboo coral at any 
conditional beds. Therefore, to calculate an MSY proxy for pink coral 
and bamboo coral for these beds, the SSC applied the formula provided 
in the Hawaii FEP which was used to set the existing harvest quotas. 
Specifically, the Hawaii FEP explains that the harvest quotas for pink 
and bamboo corals at any conditional bed is extrapolated, based on bed 
size, by comparison with that of the Makapuu Established Bed using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TP03JA12.000

Framework Amendment 1 to the Precious Corals FMP (WPFMC 2001) defines 
the bed area for all established and conditional beds in Hawaii and 
defines the Makapuu Established Bed as 3.60 km\2\, and both the Keahole 
Point and Kaena Point Conditional Beds as 0.24 km\2\. However, in 
calculating the MSY proxies for pink and bamboo corals at Keahole Point 
and Kaena Point Conditional Beds, incorrect values for the Makapuu 
Established Bed area (12.57 nm\2\) and both the Keahole and Kaena Point 
Conditional Bed area (0.79 nm\2\) were used in the formula above 
resulting in a bamboo coral MSY proxy of 18 kg/yr for the two latter 
beds. Applying the Tier 4 control rule (ABC = 0.91 x MSY) resulted in 
an ABC of 16 kg for both Keahole Point and Kaena Point Conditional 
Beds.
    NMFS corrected the ABCs by applying the correct bed area for 
Makapuu (3.60 km\2\) and for both Keahole Point and Kaena Point (0.24 
km\2\) into the formula above, resulting in a corrected bamboo coral 
MSY proxy

[[Page 71]]

of 19 kg for the two latter beds. Next, NMFS applied the Tier 4 control 
rule (ABC = 0.91 x MSY), resulting in a corrected ABC of 17 kg. These 
technical corrections are consistent with the intent of the SSC and 
Council and represent the best available scientific information 
regarding Hawaii precious corals. Additionally, the technical 
corrections allow for the Council's recommended ACL of 17 kg for bamboo 
corals at the Kaena Point and Keahole Point Conditional Beds to be 
acceptable ACLs as they no longer exceed ABC.

Proposed Accountability Measures

    Each fishing year, NMFS and local resource management agencies in 
American Samoa, Guam, the CNMI, and Hawaii will collect information 
about MUS catches and apply them toward the appropriate ACLs. Pursuant 
to 50 CFR 665.4, when the ACL for a stock or stock complex is projected 
to be reached, based on available information, NMFS must notify permit 
holders that fishing for that stock or stock complex will be restricted 
in Federal waters on a specified date. The restriction serves as the AM 
to prevent an ACL from being exceeded and may include, but is not 
limited to closure of the fishery, closure of specific areas, changes 
to bag limits, or restrictions in effort. However, local resource 
management agencies presently do not have the personnel or resources to 
process catch data in near-real time, so fisheries statistics are 
generally not available to NMFS until at least six months after the 
data has been collected. While the State of Hawaii has the capability 
to monitor and track the catch of seven preferentially-targeted 
bottomfish species in near-real time in comparison with previously 
specified ACLs (76 FR 54715, September 2, 2011), additional resources 
would be required to extend these capabilities to other bottomfish, 
crustacean, precious coral, and coral reef ecosystem MUS. Significant 
resources would also be required to support the establishment of in-
season monitoring and tracking capabilities in American Samoa, Guam and 
the CNMI. Additionally, reliance on Federal logbook and reporting from 
Federal waters will not be sufficient in accurately monitoring and 
tracking catches towards the proposed ACL specifications as the 
majority of fishing for bottomfish, crustacean, precious coral, and 
coral reef ecosystem fishery MUS occurs primarily in non-Federal waters 
generally 0-3 nautical miles from shore. For these reasons, NMFS 
proposes to implement the Council's recommended AM, which requires the 
Council to conduct a post-season accounting of the annual catch for 
each stock and stock complex of MUS relative immediately after the end 
of the fishing year. If an ACL is exceeded, the Council would take 
action in accordance with 50 CFR 600.310(g) which may include a 
recommendation that NMFS reduce the ACL for the subsequent fishing year 
by the amount of the overage, or other measure, as appropriate.
    NMFS will consider public comments on the proposed ACLs and AMs and 
will announce the final specifications as soon as possible. Regardless 
of the final ACL specifications and AMs, all other management measures 
will continue to apply in the fisheries. To be considered, comments on 
these proposed specifications must be received by January 18, 2012, not 
postmarked or otherwise transmitted by that date.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator for Fisheries has determined that this 
proposed specification is consistent with the applicable western 
Pacific FEPs, other provisions of the Magnuson-Stevens Act, and other 
applicable laws, subject to further consideration after public comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that these proposed specifications, if adopted, would 
not have a significant economic impact on a substantial number of small 
entities. A description of the action, why it is being considered, and 
the legal basis for it are contained in the preamble to this proposed 
specification.
    NMFS based the proposed specifications on recommendations from the 
Western Pacific Fishery Management Council (Council) at its 152nd 
meeting held on October 17-19, 2011. A total of 101 ACLs are proposed: 
22 in American Samoa, 27 in Guam, 22 in the CNMI, and 30 in Hawaii. The 
ACLs would be specified for the 2012 fishing year, which begins on 
January 1 and ends on December 31, except for precious coral fisheries. 
These measures would apply to precious coral fisheries from July 1, 
2011--June 30, 2012. Some ACLs would be applied to fisheries for which 
there are no participants. These include certain crustacean fisheries 
(i.e., deepwater shrimp and Kona crab), and all precious coral 
fisheries outside Hawaii.
    Fishery participants should not face any adverse economic impacts 
as a direct result of the proposed ACLs and AMs. The Council and NMFS 
are not considering in-season closures in any of the fisheries to which 
these ACLs apply, due to the current inability of fishery management 
entities to conduct in-season tracking of catch in relation to the 
ACLs. As a result, participants in these fisheries would be able to 
fish throughout the entire season; in addition, the ACLs, as proposed, 
would not change the gear types, areas fished, effort, or participation 
of the fishery during the 2012 fishing season. A post-season review of 
the catch data would be required to determine whether any of those ACLs 
is exceeded. If any of the ACLs is exceeded, the Council and NMFS would 
take action to correct the operational issue that caused the ACL 
overage. NMFS cannot, however, speculate on operational measures or the 
magnitude of any potential overage adjustment; therefore, the 
environmental and socio-economic impacts of future actions, such as 
changes to future ACLs or AMs, would need to be evaluated separately 
once the required data are available.
    Other alternatives that were considered but not selected called for 
alternative specifications for the 101 ACLs, some higher and some lower 
than those that were proposed. However, because in-season tracking of 
catch data cannot be achieved in these fisheries, in-season AMs such as 
a fishery closure are not possible, and fishery participants would be 
able to fish throughout the entire season under all alternatives 
considered. Therefore, the direct economic impacts to small entities 
during the 2012 fishing season would not likely differ among the 
alternatives.
    As described earlier, the proposed action of specifying ACLs and 
AMs is expected to have little, if any, direct adverse economic impact. 
For fisheries with active participants, the ACLs are generally in line 
with or greater than the current annual yields and there should be no 
disproportionate economic impacts between large and small entities. 
Furthermore, there is likely to be no disproportionate economic impacts 
among the universe of vessels based on gear, home port, or vessel 
length. Because the proposed action would have little to no direct 
economic impact, NMFS has determined that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b).

[[Page 72]]

    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

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

    Dated: December 27, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-33691 Filed 12-30-11; 8:45 am]
BILLING CODE 3510-22-P