[Federal Register Volume 80, Number 9 (Wednesday, January 14, 2015)]
[Proposed Rules]
[Pages 1881-1884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00444]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 141110950-4999-01]
RIN 0648-BE63


Pacific Island Fisheries; Pacific Remote Islands Marine National 
Monument Expansion

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 to establish requirements for fishing in the 
Pacific Remote Islands Marine National Monument Expansion. The proposed 
rule is intended to implement fishery management measures consistent 
with Presidential Proclamation 9173.

DATES: NMFS must receive comments on the proposed rule by February 13, 
2015.

ADDRESSES: You may submit comments on this proposed rule, identified by 
NOAA-NMFS-2014-0142, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0142, 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), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.
    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.
    You may review Presidential Proclamation 9173 (establishing the 
Pacific Remote Islands Marine National Monument Expansion) (PRI 
Monument Expansion), Presidential Proclamation 8663 (establishing the 
Pacific Remote Islands Marine National Monument) (PRI Monument), and 
the PRI Monument fishing requirements established in Amendment 2 to the 
Fishery Ecosystem Plan for the Pacific Remote Island Areas published in 
2013, available from www.regulations.gov. Amendment 2 is also 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 from www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR Sustainable 
Fisheries, tel 808-725-5170.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage Pacific Island 
fisheries through fishery ecosystem plans (FEP) for American Samoa, the 
Mariana Archipelago (Guam and the Commonwealth of the Northern Mariana 
Islands (CNMI)), the Pacific Remote Island Areas (PRIA), Hawaii, and 
western Pacific pelagic fisheries. Fishing regulations for the Pacific 
Islands are found mainly in 50 CFR part 665.
    In 2009, President Bush issued Presidential Proclamations that 
established three Marine National Monuments in the Pacific Islands 
under the authority of the Antiquities Act: The Marianas Trench Marine 
National Monument (Proclamation 8335), the Pacific Remote Islands 
Marine National Monument (PRI Monument, Proclamation 8336), and the 
Rose Atoll Marine National Monument (Proclamation 8337). The 
Proclamations directed the Secretaries of the Interior and Commerce to 
take appropriate action pursuant to their respective authorities under 
the Antiquities Act, the Magnuson-Stevens Act, and such other 
authorities as may be available to implement the Proclamations, to 
regulate fisheries, including allowing for traditional indigenous 
fishing practices, and to ensure proper care and management of the 
monuments.
    In 2013, the Council incorporated the Proclamations' fishery 
management provisions into its FEPs. With respect to the PRI Monument, 
the Council adopted Amendment 2 to the Fishery Ecosystem Plan for the 
Pacific Remote Island Areas establishing (a) the boundaries of the PRI 
Monument and various management units, (b) the prohibition on 
commercial fishing, and (c) management measures for non-

[[Page 1882]]

commercial and recreational fishing. The Secretary of Commerce approved 
Amendment 2 on May 2, 2013. NMFS then implemented a final rule that, 
among other things, established a new subpart H in 50 CFR part 665 for 
the PRI Monument, based on the Council's recommendations in Amendment 2 
(78 FR 32996, June 3, 2013). Specifically, the rule codified the 
Monument's boundaries and prohibited commercial fishing throughout the 
Monument. It further established management measures for non-commercial 
and recreational fishing (i) prohibiting all fishing within 12 nm of 
islands in the PRI Monument, subject to U.S. Fish & Wildlife Service 
authority to allow non-commercial fishing in consultation with NMFS and 
the Council; (ii) requiring federal permits and reporting for non-
commercial and recreational charter fishing to aid in monitoring of 
fishing activities; (iii) prohibiting sale or exchange through barter 
or trade of fish caught by a recreational charter boat and all 
customary exchange; and (iv) prohibiting commercial fishing outside the 
Monument and non-commercial fishing within the Monument during the same 
trip.
    On September 27, 2014, President Obama issued Presidential 
Proclamation 9173 titled ``Pacific Remote Islands Marine National 
Monument Expansion'' (PRI Monument Expansion). The PRI Monument 
Expansion includes the waters and submerged lands of Jarvis and Wake 
Islands and Johnston Atoll that lie from the PRI Monument boundary 
established in Proclamation 8336 to the seaward limit of the U.S. 
Exclusive Economic Zone (U.S. EEZ) (as established in Proclamation 5030 
of March 10, 1983). The additional area is approximately 308,316 square 
nautical miles. The intent of the PRI Monument Expansion was to provide 
expanded protection to objects of scientific interest, including 
seamounts, deep sea corals, sea turtles, seabirds, and other migratory 
species.
    Proclamation 9173 prohibited commercial fishing in the PRI Monument 
Expansion and directed the Secretaries of the Interior and Commerce to 
ensure that recreational and non-commercial fishing continue to be 
managed as sustainable activities in the PRI Monument and Monument 
Expansion. Nothing in Proclamation 9173 changed the management of the 
PRI Monument, and it did not affect the management or change the 
boundaries of any island or atoll in the PRI Monument.
    At its 161st meeting held from October 20-23, 2014, in Honolulu, 
the Council recommended amending the FEP regulations to implement the 
PRI Monument Expansion at Jarvis Island, Wake Island and Johnston Atoll 
as directed in Proclamation 9173. The Council further recommended that 
the regulations that now apply within the PRI Monument would be 
applicable within the PRI Monument Expansion. In this proposed action, 
and consistent with the existing requirements in the PRI Monument, 
commercial fishing would be prohibited within the PRI Monument 
Expansion, and managed non-commercial fishing would be allowed within 
the Monument Expansion as described above.
    Consistent with the Proclamation and Council recommendations, this 
rule would amend regulations at 50 CFR part 665, subpart H. The fishing 
requirements for the Monument Expansion would include, among other 
things, the following:
     Prohibition of commercial fishing;
     Permit and reporting requirements for non-commercial and 
recreational fishing;
     Prohibition of conduct involving commercial fishing 
outside the PRI Monument and Monument Expansion and non-commercial 
fishing within the PRI Monument and Monument Expansion during the same 
trip; and
     Administrative housekeeping changes made in the 2013 final 
rule to the Federal permit and reporting requirements at Sec. Sec.  
665.13 and 665.14, and the vessel identification requirements at Sec.  
665.16.
    Additional background information on this action is found in 78 FR 
32996 (June 3, 2013), 78 FR 39583 (July 2, 2013), and 79 FR 58645 
(September 29, 2014), and is not repeated here.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Fishery Ecosystem Plans for the Pacific Remote 
Island Areas and western Pacific pelagic fisheries, other provisions of 
the Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, 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 this action are contained in the preamble to this proposed 
rule.
    In January 2009, President Bush established, by Presidential 
Proclamation, the PRI Monument. NMFS implemented a final rule that 
codified the PRI Monument boundaries, prohibited commercial fishing in 
the PRI Monument, and established measures for managing non-commercial 
and recreational fishing in the Monument.
    In September 2014, President Obama issued Presidential Proclamation 
9173 that expanded the PRI Monument around Jarvis Island, Wake Island, 
and Johnston Atoll to the seaward limit of the U.S. Exclusive Economic 
Zone (EEZ). The additional area is approximately 308,315 square 
nautical miles, which, when combined with the PRI Monument, is an area 
of approximately 339,960 square nautical miles. This proposed rule 
would codify the PRI Monument Expansion boundaries and extend the 
existing fishing management measures, including those that apply to 
non-commercial fishing, to the expanded area.
    The proposed rule would apply to the following categories of small 
entities: Commercial fishing vessels (NAICS code 114111) and 
recreational charter fishing vessels (NAICS code 487210). NMFS believes 
that almost all businesses operating as commercial and recreational 
charter vessels in the U.S. territories and in Hawaii would be 
considered small entities, with annual revenues below $7.5 million and 
$20.5 million, respectively. The proposed rule would apply to hundreds 
of fishing vessels, regardless of gear type and size, many of which are 
primarily non-commercial fishing vessels that occasionally sell fish or 
take clients out on charter fishing trips. However, as discussed below, 
the rule will likely have little effect on overall commercial fishing 
and charter fishing activities relative to the status quo.
    Fishing interest and activity in the PRIA, even before the PRI 
Monument was created, and including fishing within EEZ waters outside 
of PRI Monument boundaries that were recently included in the expanded 
boundary around three PRI islands and an atoll, has been low. As of 
November 2014, the type and number of PRIA fishing permits issued are 
as follows: Western Pacific pelagic squid (0), troll handline (7), 
bottomfish (2), crustaceans (0), precious corals (0), coral reef

[[Page 1883]]

ecosystem (0), and Marine National Monument fishing (0). Even though 
NMFS issued several permits, fishing has been limited. In addition to 
the above permits, some commercial longline and purse seine fishing has 
also occurred in the EEZ around the PRIA in recent years, outside of 
PRI Monument waters. Within the EEZ around the PRIA, based on anecdotal 
information, a small amount of recreational fishing may be occurring by 
charter vessels visiting Palmyra Atoll from Hawaii, and this low amount 
of voyaging and fishing could extend to the PRI Monument Expansion 
areas around Jarvis. With the limited interest, activity, and 
information on commercial, non-commercial, and recreational fishing in 
and near the PRI Monument, NMFS estimates that up to 15 vessels would 
each make one trip annually to the PRI Monument, and most of these 
trips would be to Palmyra Atoll, which has facilities to support 
visitors.
    This proposed rule would extend all existing PRI Monument 
requirements to the Monument Expansion areas. Proclamation 9173 
prohibits commercial fishing in the Monument Expansion, so this 
proposed rule would codify that prohibition. This proposed rule could 
affect businesses operating commercial fishing and charter fishing 
vessels choosing to operate in the Monument Expansion. This is because 
the proposed rule prohibits the engaging in commercial fishing outside 
the Monument Expansion and non-commercial fishing inside the Monument 
Expansion during the same trip. Fishermen who wish to sell fish caught 
during their trip would not be able to fish non-commercially inside the 
Monument Expansion boundaries; this applies to all fishing vessels, as 
well as charter fishing vessels. This is likely to have little to no 
effect on revenues, as fishermen whose primary trip goal is to earn 
revenue, however modest, will choose not to fish non-commercially in 
the Monument.
    Recreational charter vessel owners and operators would continue to 
be allowed to fish in the Monument Expansion under a Monument permit, 
but they may not sell, barter, or trade fish caught in the Monument 
Expansion, nor may they supplement trip fee revenues by selling fish 
caught outside the Monument Expansion on the same fishing trip in which 
they, their customers, or guests, conducted non-commercial or 
recreational fishing in the Monument Expansion.
    In general, the primary revenue sources for charter fishing vessels 
are charter fees paid by customers and any revenue earned from selling 
fish would supplement trip fees. The restriction on supplemental fish 
sales is not expected to have a significant impact to small charter 
fishing entities because the overall number of recreational fishing 
trips to the PRI Monument is likely to be less than ten to fifteen each 
year; indeed, none have been made in 2013-2014 within the Monument 
Expansion area. The potential overall number of recreational fishing 
trips to the newly Monument Expansion is likely to be very small 
relative to the total annual number of charter fishing trips taken by 
affected vessels outside the Monument Expansion.
    The proposed rule does not duplicate, overlap, or conflict with 
other Federal rules and is not expected to have a significant impact on 
small entities (as discussed above), organizations or government 
jurisdictions. There do not appear to be disproportionate economic 
impacts from the proposed rule based on home port, gear type, or 
relative vessel size primarily because the remote distances required to 
be traveled by non-commercial fishing vessels is likely to reduce 
interest in fishing by most fishermen, except for fishermen who were 
already destined to visit the area (such as would occur at Palmyra 
Atoll Monument). The rule will not result in a benefit to any one class 
of vessel owners relative to home port, gear type, or relative vessel 
size: All vessels are welcome to apply for non-commercial permits, and 
only authorized gear types would be allowed to be used in the Monument 
Expansion. The proposed rule also will not place a substantial number 
of small entities, or any segment of small entities, at a significant 
competitive disadvantage to large entities. As such, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.

National Environmental Policy Act (NEPA)

    In 2013, the Council prepared an environmental assessment (EA, 
April 30, 2013) that described the impact on the human environment that 
would result from implementation of the fishing requirements for the 
three monuments. Based on the EA, Regulatory Impact Review, evaluation 
of the economic impacts under the Regulatory Flexibility Act, review of 
the NEPA criteria for significant effects, NMFS criteria for 
significance evaluated above, and the information provided in the 
finding of no significant impact (FONSI, May 1, 2013), NMFS found that 
there would be no significant impact on the human environment as a 
result of the action. For this proposed rule, NMFS considered relevant 
new information and circumstances, and none of the new information 
indicated that the proposed action would result in a change to impacts 
previously considered. Thus, NMFS concluded that there is no need to 
supplement the EA or FONSI.

Coastal Zone Management Act (CZMA)

    Because this proposed rule would occur outside the coastal zone of 
any State and will not have reasonably foreseeable effects on any 
coastal use or resource, NMFS is not required to coordinate with State 
agencies under section 307 of the CZMA.

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, Commercial fishing, 
Fisheries, Monuments and memorials, Pacific Remote Islands.

    Dated: January 9, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 50 CFR part 665 continues to read as 
follows:

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

0
2. Revise Sec.  665.930 to read as follows:


Sec.  665.930  Scope and purpose.

    The regulations in this subpart codify certain provisions of the 
Proclamations, and govern the administration of fishing in the 
Monument.
0
3. In Sec.  665.931, revise paragraphs (a), (c), and (d) to read as 
follows:
* * * * *


Sec.  665.931  Boundaries.

    (a) Wake Island. The Wake Island unit of the Monument includes the 
waters and submerged and emergent lands around Wake Island to the 
seaward limit of the U.S. EEZ.
* * * * *
    (c) Jarvis Island. The Jarvis Island unit of the Monument includes 
the waters and submerged and emergent lands around Jarvis Island to the 
seaward limit of the U.S. EEZ.
    (d) Johnston Atoll. The Johnston Atoll unit of the Monument 
includes the waters and submerged and emergent lands around Johnston 
Atoll to the seaward limit of the U.S. EEZ.
* * * * *
0
4. In Sec.  665.932, revise the definition of ``Monument'', remove the 
definition of

[[Page 1884]]

``Proclamation'', and add the definition of ``Proclamations'' in 
alphabetical order to read as follows:


Sec.  665.932  Definitions.

* * * * *
    Monument means the waters and submerged and emergent lands of the 
Pacific Remote Islands Marine National Monument and the Pacific Remote 
Islands Marine National Monument Expansion, as defined in Sec.  
665.931.
* * * * *
    Proclamations means Presidential Proclamation 8336 of January 6, 
2009, ``Establishment of the Pacific Remote Islands Marine National 
Monument,'' and Presidential Proclamation 9173 of September 29, 2014, 
``Pacific Remote Islands Marine National Monument Expansion.''

[FR Doc. 2015-00444 Filed 1-13-15; 8:45 am]
BILLING CODE 3510-22-P