[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Proposed Rules]
[Pages 52125-52126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20407]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 130625564-3711-01]
RIN 0648-XC736


Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and 
Accountability Measures for 2013-14

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

ACTION: Proposed specifications; request for comments.

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SUMMARY: NMFS proposes to specify an annual catch limit of 346,000 lb 
for Deep 7 bottomfish in the main Hawaiian Islands for the 2013-14 
fishing year. If and when the annual catch limit is projected to be 
reached, NMFS would close the commercial and non-commercial fisheries 
for MHI Deep 7 bottomfish for the remainder of the fishing year. The 
proposed specifications and fishery closure support the long-term 
sustainability of Hawaii bottomfish.

DATES: Comments must be received by September 6, 2013.

ADDRESSES: You may submit comments on this proposed specification, 
identified by NOAA-NMFS-2013-0103, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0103, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. 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.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous), and will accept attachments to electronic comments in 
Microsoft Word, Excel, or Adobe PDF file formats only.

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

SUPPLEMENTARY INFORMATION: The bottomfish fishery in Federal waters 
around Hawaii is managed under the Fishery Ecosystem Plan for the 
Hawaiian Archipelago (Hawaii FEP), 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). The regulations at 50 CFR 665.4 require 
NMFS to specify an annual catch limit for MHI Deep 7 bottomfish each 
fishing year, based on a recommendation from the Council. The Deep 7 
bottomfish are onaga (Etelis coruscans), ehu (E. carbunculus), gindai 
(Pristipomoides zonatus), kalekale (P. sieboldii), opakapaka (P. 
filamentosus), lehi (Aphareus rutilans), and hapuupuu (Epinephelus 
quernus).
    The Council's recommendation of an annual catch limit of 346,000 lb 
considers the most recent bottomfish stock assessment, risk of 
overfishing, past fishery performance, recommendations from its 
Scientific and Statistical Committee (SSC), and input from the public. 
The proposed annual catch limit is based on a 2011 stock assessment 
that indicated that the MHI Deep 7 bottomfish were not overfished and 
not subject to overfishing. No new information suggests that this 
situation has changed. The proposed annual catch limit is associated 
with less than a 41 percent probability of overfishing the Deep 7 
bottomfish in the MHI. This risk level is more conservative than the 50 
percent risk threshold allowed under NMFS guidelines for National 
Standard 1 of the Magnuson-Stevens Fishery Conservation and Management 
Act.
    NMFS monitors Deep 7 bottomfish catches based on data provided by 
commercial fishermen to the State of Hawaii. If and when the annual 
catch limit is projected to be reached, NMFS, as an accountability 
measure, would close the commercial and non-commercial fisheries for 
MHI Deep 7 bottomfish in Federal waters for the remainder of the 
fishing year. If and when NMFS closes Federal waters to fishing for 
Deep 7 bottomfish, State of Hawaii law allows the State to adopt a 
complementary closure of the Deep 7 fishery in State waters. During a 
closure for Deep 7 bottomfish, no person may fish for, possess, or sell 
any of these fish in the MHI, except as otherwise authorized by law. 
However, vessels legally registered to Pacific Remote Island Area 
bottomfish fishing permits may still fish for and possess or sell Deep 
7 bottomfish, provided they otherwise comply with all other laws and 
regulations. There is no prohibition on fishing for or selling other 
non-Deep 7 bottomfish species throughout the year.
    NMFS will consider public comments on the proposed annual catch 
limit and accountability measure, and anticipates announcing the final 
specifications prior to the scheduled reopening of the fishery on 
September 1, 2013. The fishery will continue until August 31, 2014, 
unless the fishery is closed earlier because the annual catch limit is 
reached. Regardless of the final annual catch limit, all other 
management measures will continue to apply in the MHI bottomfish 
fishery.
    To be considered, comments on these proposed specifications must be 
received by September 6, 2013, 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

[[Page 52126]]

specification is consistent with the Hawaii FEP, 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 these proposed 
specifications.
    NMFS proposes to specify an annual catch limit (ACL) of 346,000 lb 
for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2013-
14 fishing year, as recommended by the Western Pacific Fishery 
Management Council. NMFS monitors Deep 7 bottomfish catches based on 
data provided by commercial fishermen to the State of Hawaii. If and 
when the fishery is projected to reach this limit, NMFS, as an 
accountability measure (AM), would close the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish for the remainder of the 
fishing year. The proposed ACL and AM specifications are identical to 
those NMFS implemented for the 2011-12 and 2012-13 fishing years, and 
support the long-term sustainability of Hawaii bottomfish.
    However, NMFS does not expect the ACL will be reached, and that 
this rule will not have an adverse economic impact on the affected 
entities. In the 2011-12 fishing year, NMFS set an identical ACL for 
Deep 7 bottomfish, and 468 commercial vessels reported landing 228,388 
lb of Deep 7 bottomfish. Based on the most recent landings information, 
the fishery is unlikely to reach the ACL set for the 2012-13 fishing 
year. The 2012-13 fishing year started on September 1, 2012. As of July 
12, 2013, 442 commercial vessels reported landing 222,489 lb of Deep 7 
bottomfish, at an average landed price of $5.66/lb, for an estimated 
average gross revenue from Deep 7 bottomfish landings of $2,849 per 
vessel. The fishery is not likely to reach the ACL before the current 
fishing year ends on August 31, 2013. NMFS proposes to specify the same 
ACL for 2013-14 as in 2012-13. Assuming an average price of $5.66/lb 
and 442 participating vessels, NMFS expects the proposed 2013-14 ACL of 
346,000 lb to yield up to $1,958,360 in total revenue, or an average of 
$4,431 per vessel. Accordingly, if implemented, the ACL set here will 
not adversely impact affected entities; indeed, it may benefit them if 
the whole ACL is harvested.
    On June 20, 2013, the Small Business Administration (SBA) issued a 
final rule revising the small business size standards for several 
industries, effective July 22, 2013 (78 FR 37398). The rule increased 
the size standard for Finfish Fishing from $4.0 to 19.0 million, 
Shellfish Fishing from $4.0 to 5.0 million, and Other Marine Fishing 
from $4.0 to 7.0 million. Id at 37400 (Table 1). Based on available 
information, NMFS has determined that all vessels in the current 
fishery are small entities under the SBA definition of a small entity, 
i.e., they are engaged in the business of fish harvesting, are 
independently owned or operated, are not dominant in their field of 
operation, and have annual gross receipts not in excess of $19 million, 
the small business size standard for finfish fishing. Therefore, there 
would be no disproportionate economic impacts between large and small 
entities. Furthermore, there are would be no disproportionate economic 
impacts among the universe of vessels based on gear, home port, or 
vessel length.
    Pursuant to the RFA, NMFS has reviewed the analyses prepared for 
this action in light of the new size standards. Under the former, lower 
size standards, all entities subject to this action were considered 
small entities, and they all would continue to be considered small 
under the new standards. NMFS does not think that the new size 
standards affect analyses prepared for this action, and solicits public 
comment on the analyses in light of the new size standards.
    Even though this proposed specification would affect a substantial 
number of vessels, i.e., 100 percent of the bottomfish fleet, NMFS does 
not expect the rule will have a significantly adverse economic impact 
to individual vessels. Landings information from the 2011-12 fishing 
year (completed) and the 2012-13 fishing year (ongoing) suggest that 
Deep 7 bottomfish landings are not likely to exceed the ACL proposed 
for 2013-14.
    Therefore, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 
605(b), NMFS has determined that this proposed action would not have a 
significant economic impact on a substantial number of small entities. 
As a result, an initial regulatory flexibility analysis is not required 
and none has been prepared.
    This action is exempt from review under the procedures of E.O. 
12866.

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

    Dated: August 16, 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.
[FR Doc. 2013-20407 Filed 8-21-13; 8:45 am]
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