[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Proposed Rules]
[Pages 75803-75804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26323]



[[Page 75803]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 160811726-6987-01]
RIN 0648-XE809


Pacific Island Fisheries; 2016-17 Annual Catch Limit and 
Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish

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 (ACL) of 
318,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for 
the 2016-17 fishing year, which began on September 1, 2016, and ends on 
August 31, 2017. If the ACL 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 as an accountability 
measure (AM). The proposed ACL and AM support the long-term 
sustainability of Hawaii bottomfish.

DATES: NMFS must receive comments by November 16, 2016.

ADDRESSES: You may submit comments on the 2016-2107 annual catch limit 
(ACL), identified by NOAA-NMF-2016-0112, 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-2016-0112, 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: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. 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).
    NMFS prepared an environmental analysis that describes the 
potential impacts on the human environment that could result from the 
proposed specification. The environmental analysis and other supporting 
documents are available at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable 
Fisheries, 808-725-5173.

SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery 
Management Council (Council) manage the bottomfish fishery in Federal 
waters around Hawaii under the Fishery Ecosystem Plan for the Hawaiian 
Archipelago (FEP), as authorized by the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). Title 50, Code 
of Federal Regulations, part 665 (50 CFR 665.4) requires NMFS to 
specify an ACL 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 (Hyporthodus quernus).
    NMFS proposes to specify an ACL of 318,000 lb of Deep 7 bottomfish 
in the MHI for the 2016-17 fishing year. The Council recommended the 
proposed ACL, based on a 2011 bottomfish stock assessment updated with 
three additional years of data, and in consideration of the risk of 
overfishing, past fishery performance, the acceptable biological catch 
recommendation from its Scientific and Statistical Committee, and input 
from the public. An update to the 2011 NMFS bottomfish stock assessment 
estimated the overfishing limit for the MHI Deep 7 bottomfish stock 
complex to be 352,000 lb, which is 31,000 lb less than the estimated 
overfishing limit in the 2011 stock assessment. Based on this update, 
the Council recommended a three-year phased reduction of the ACL. NMFS 
prepared an environmental assessment dated March 17, 2016, of the 
Council's three-year phased reduction of the ACL (``Specification of 
Annual Catch Limits and Accountability Measures for Main Hawaiian 
Islands Deep 7 Bottomfish Fisheries in Fishing Years 2015-16, 2016-17, 
and 2017-18''), which is available from www.regulations.gov. The 
proposed ACL of 318,000 lb for 2016-17 is the second annual reduction 
in this phased approach, and is 8,000 lb less than the ACL that NMFS 
specified last year.
    The ACL is associated with a 42 percent probability of overfishing, 
and is more conservative than the 50 percent risk threshold allowed 
under NMFS guidelines for National Standard 1 of the Magnuson-Stevens 
Act. NMFS monitors Deep 7 bottomfish catches based on data provided by 
commercial fishermen to the State of Hawaii. If NMFS projects the 
fishery will reach this limit, NMFS would close the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish for the remainder of the 
fishing year, as an accountability measure (AM). In addition, if NMFS 
and the Council determine that the final 2016-17 Deep 7 bottomfish 
catch exceeds the ACL, NMFS would reduce the Deep 7 bottomfish ACL for 
the 2017-18 fishing year by the amount of the overage.
    The fishery has not caught the specified limit in any year since 
2011. NMFS does not expect the proposed ACL and AM specifications for 
2016-17 to result in a change in fishing operations, or other changes 
to the conduct of the fishery that would result in significant 
environmental impacts. After considering public comments on the 
proposed ACL and AMs, NMFS will publish the final specifications.

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 Hawaii FEP, other 
provisions of the Magnuson-Stevens Act, and other applicable laws, 
subject to further consideration after public comment.
    This action is exempt from review under Executive Order 12866.

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 318,000 lb 
for Main Hawaiian Islands (MHI) Deep 7 bottomfish for the 2016-17 
fishing year, as recommended by the Western Pacific

[[Page 75804]]

Fishery Management Council (Council). NMFS monitors MHI 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 is 8,000 lb less 
than the ACL NMFS implemented for the 2015-16 fishing year, and 28,000 
lb less than the ACL that NMFS implemented for 2011-12, 2012-13, 2013-
14, and 2014-15. The AM will remain the same. Over the past five 
fishing seasons, highest reported annual landings, 309,485 lb, occurred 
during the 2013-2014 fishing year. NMFS does not expect the fishery to 
reach the limit during the 2016-17 fishing year, which began September 
1, 2016, and ends August 31, 2017.
    This rule would affect participants in the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish. During the 2015-16 
fishing year, 368 fishermen reported landing 259,530 lb of MHI Deep 7 
bottomfish. Based on available information, NMFS has determined that 
all vessels in the commercial and non-commercial fisheries for MHI Deep 
7 bottomfish are small entities under the Small Business 
Administration's definition of a small entity. That is, they are 
engaged in the business of fish harvesting, independently owned or 
operated, not dominant in their field of operation, and have annual 
gross receipts not in excess of $11 million, the small business size 
standard for commercial fishing (NAICS Code: 11411). Therefore, there 
would be no disproportionate economic impacts between large and small 
entities. Furthermore, there would be no disproportionate economic 
impacts among the universe of vessels based on gear, home port, or 
vessel length.
    As for revenues earned by fishermen from MHI Deep 7 bottomfish, 
State of Hawaii records report 328 of the 368 fishermen sold their MHI 
Deep 7 bottomfish catch. These 328 individuals sold a combined total of 
240,183 lb (92.5 percent of reported catch) at a value of $1,716,313. 
Based on these revenues, the average price for MHI Deep 7 bottomfish in 
2015-16 was approximately $7.15/lb. NMFS assumes that the remaining 40 
commercial fishermen either sold no Deep 7 bottomfish or the State of 
Hawaii reporting program did not capture their sales.
    Assuming the fishery attains the ACL of 318,000 in 2016-17, and 
using the 2015-16 average price of $7.15/lb, the potential fleet wide 
revenue during 2016-17 is expected to be $2,273,700 (or approximately 
$2,103,173 under the assumption that 92.5 percent of catch is sold). If 
the same number of fishermen sell MHI Deep 7 bottomfish in 2016-17 as 
in 2015-16, each of these 328 commercial fishermen could potentially 
sell an average of 970 lb of Deep 7 bottomfish valued at $6,932, if all 
Deep 7 bottomfish caught were sold. If 92.5 percent of all Deep 7 
bottomfish that had been caught had been sold, then these 328 
commercial fishermen could potentially sell an average of 897 lb of 
Deep 7 bottomfish valued at about $6,412.
    In general, the relative importance of MHI bottomfish to commercial 
participants as a percentage of overall fishing or household income is 
unknown, as the total suite of fishing and other income-generating 
activities by individual operations across the year has not been 
examined.
    In terms of scenarios immediately beyond the 2016-17 fishing year, 
three possible outcomes may occur. First, in the event that 2016-17 
catch does not reach 318,000 lb, the ACL will decrease by 12,000 lb for 
the 2017-2018 fishing year, as set by the multi-year specification. 
Second, if the fishery exceeds the ACL for the 2016-17 fishing year, 
NMFS would reduce the MHI Deep 7 bottomfish ACL for the 2017-18 fishing 
year by the amount of the overage, in addition to the 12,000 lb 
reduction for the 2017-18 fishing year. The last possible scenario is 
one where NMFS would prepare a new stock assessment or update that NMFS 
and the Council would use to set a new 2017-2018 ACL (without inclusion 
of any overage, even if catch exceeds ACL for the 2016-17 fishing 
year), although this is unlikely, since NMFS plans to undertake the 
next stock assessment in 2018.
    Even though this proposed specification would apply to 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 
past five fishing years, suggest that Deep 7 bottomfish landings are 
not likely to exceed the ACL proposed for 2016-17. Therefore, pursuant 
to the Regulatory Flexibility Act, 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.

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

    Dated: October 26, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-26323 Filed 10-31-16; 8:45 am]
 BILLING CODE 3510-22-P