[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32181-32182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12743]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 130103006-3477-02]
RIN 0648-BC89


Fisheries in the Western Pacific; 5-Year Extension of Moratorium 
on Harvest of Gold Corals

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

ACTION: Final rule.

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SUMMARY: This final rule extends the region-wide moratorium on the 
harvest of gold corals in the U.S. Pacific Islands through June 30, 
2018. NMFS intends this final rule to prevent overfishing and to 
stimulate research on gold corals.

DATES: This rule is effective June 28, 2013.

ADDRESSES: Background information on Pacific Island precious coral 
fisheries is found in the western Pacific fishery ecosystem plans, 
available from the Western Pacific Fishery Management Council 
(Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Lewis Van Fossen, NMFS PIR Sustainable 
Fisheries, 808-541-1378.

SUPPLEMENTARY INFORMATION: Precious corals (also called deep-sea 
corals), including gold corals, are used in high-quality jewelry. NMFS 
and the Council manage precious corals under fishery ecosystem plans 
for American Samoa, Hawaii, the Mariana Islands (Guam and the Northern 
Mariana Islands), and the U.S. Pacific Remote Island Areas. On 
September 12, 2008, NMFS established a 5-year moratorium on the harvest 
of gold corals in U.S. Pacific Islands (73 FR 47098). The moratorium 
was based on information that gold corals grew much more slowly and 
lived longer than previously thought, suggesting that these species 
were vulnerable to overharvest. NMFS and the Council intended the 
harvest moratorium to

[[Page 32182]]

encourage research into gold coral biology and prevent overfishing.
    Subsequent research found that gold corals in the U.S. Pacific 
Islands grow about 0.22 cm annually and the average colony age is about 
950 years. These findings confirmed previous assumptions about gold 
corals' vulnerability to overharvesting. Additionally, researchers 
found that gold corals may also rely on the presence of bamboo coral. 
Gold coral larvae may require bamboo coral colonies as a growth 
substrate, attaching themselves to the host colony and eventually 
overgrowing it to form a new gold coral colony. This final rule is 
necessary to encourage more research into gold coral biology and to 
develop sustainable management measures.
    This final rule extends the moratorium on harvesting gold corals in 
the U.S. Pacific Islands through June 30, 2018. Additional information 
on this final rule may be found in the preamble to the proposed rule 
(78 FR 18302) and is not repeated here.

Comments and Responses

    On March 26, 2013, NMFS published a proposed rule and request for 
public comments (78 FR 18302); the comment period ended April 25, 2013. 
NMFS received one comment that generally supported the proposed rule, 
and no comments to the contrary.

Changes From the Proposed Rule

    This final rule contains no changes from the proposed rule.

Classification

    The Regional Administrator, Pacific Islands Region, NMFS, has 
determined that this final rule is necessary for the conservation and 
management of Pacific Island gold coral fisheries, and that it is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council 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.

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaii, Northern Mariana Islands.

    Dated: May 23, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
665 as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

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

0
2. Revise Sec.  665.169 to read as follows:


Sec.  665.169  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2018.

0
3. Revise Sec.  665.270 to read as follows:


Sec.  665.270  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2018.

0
4. Revise Sec.  665.469 to read as follows:


Sec.  665.469  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2018.
0
5. Revise Sec.  665.669 to read as follows:


Sec.  665.669  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2018.

[FR Doc. 2013-12743 Filed 5-28-13; 8:45 am]
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