[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58129-58132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 170120106-7999-01]
RIN 0648-XF186


Pacific Island Fisheries; 2017 Annual Catch Limits and 
Accountability Measures

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

ACTION: Final specifications.

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SUMMARY: In this final rule, NMFS specifies annual catch limits (ACLs) 
for Pacific Island crustacean, precious coral, and territorial 
bottomfish fisheries, and accountability measures (AMs) to correct or 
mitigate any overages of catch limits. The ACLs and AMs will be 
effective for fishing year 2017. Although the 2017 fishing year has 
nearly ended for most stocks, we will evaluate 2017 catches against 
these final ACLs when data become available in mid-2018. The proposed 
ACLs and AMs support the long-term sustainability of fishery resources 
of the U.S. Pacific Islands.

DATES: The final specifications are effective January 10, 2018. The 
final specifications are applicable from January 1, 2017, through 
December 31,

[[Page 58130]]

2017, except for precious coral fisheries, which are applicable from 
July 1, 2017, through June 30, 2018.

ADDRESSES: Copies of the Fishery Ecosystem Plans for the Hawaiian 
Archipelago, American Samoa, and the Northern Mariana Islands are 
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. Copies of the 
environmental analyses and other supporting documents for this action, 
identified by NOAA-NMFS-2017-0012, are available at http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0012, or from 
Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region 
(PIR), 1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818.

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

SUPPLEMENTARY INFORMATION: NMFS is specifying ACLs and AMs for the 
crustacean and precious corals MUS in American Samoa, Guam, the CNMI, 
and Hawaii, and the bottomfish MUS in American Samoa, Guam, and the 
CNMI for fishing year 2017. NMFS proposed these specifications on 
October 30, 2017 (82 FR 50112), and the final specifications do not 
differ from those proposed. The 2017 fishing year began on January 1 
and ended on December 31, except for precious coral fisheries, which 
began on July 1, 2017, and ends on June 30, 2018. The final 2017 ACLs 
and AMs are identical to those that NMFS specified for 2016 (82 FR 
18716, April 21, 2017).
    The 2017 ACL for CNMI slipper lobsters is identical to the 2016 
ACL, even though 2016 fishery data indicate that catch exceeded the 
2016 ACL. For these lobsters, there is no estimate of the overfishing 
limit or maximum sustainable yield. Prior to 2016, there were only 
three years (2007-2009) of available catch information, so in 2014, the 
Council's Scientific and Statistical Committee recommended a proxy for 
calculating the ACL for CNMI slipper lobsters. Using a catch-to-habitat 
proxy with data from the Hawaii slipper lobster fishery (the only area 
that has specifically documented harvesting of slipper lobsters) the 
Council recommended setting an ACL for CNMI slipper lobsters in 2016-
2018 at the allowable biological catch (60 lb). At its June 2017 
meeting, the Council reviewed the 2016 CNMI slipper lobster catch and 
noted that the 304 lb reported catch, combined with zero reported catch 
in the previous two years, resulted in a three-year average catch of 
101 lb, which exceeded the ACL. The Council determined that the 
increase in reported catch was due to the Territory Science Initiative 
(a pilot program to improve commercial vendor reporting in the CNMI) 
and the associated improvements in catch reporting, not due to actual 
increase in harvest. The Council also concluded that, based on current 
stock data, the overage was not likely to have had an impact on stock 
sustainability or result in overfishing. The Council concluded that 
applying the 2016 AM (which would have reduced the 2017 ACL by the 
amount of the overage) was not necessary and, instead, recommended 
maintaining the 2017 CNMI slipper lobster ACL at 60 lb. The three-year 
average catch of the other fisheries identified in this action did not 
exceed their respective ACLs.
    In this action, NMFS is not specifying 2017 ACLs for Hawaii Kona 
crab and Hawaii non-Deep 7 bottomfish, or coral reef ecosystem MUS in 
any island area. This is because NMFS has new information that requires 
additional environmental analyses to support the Council's ACL 
recommendations for those MUS. NMFS may propose those ACL 
specifications in a separate action(s). In addition, NMFS has already 
specified the 2017-2018 ACL and AM for Hawaii Deep 7 bottomfish (82 FR 
29778, June 30, 2017).
    NMFS is also not specifying ACLs for MUS that are currently subject 
to Federal fishing moratoria or prohibitions. They include all species 
of gold coral (78 FR 32181, May 29, 2013), the three Hawaii seamount 
groundfish, that is pelagic armorhead, alfonsin, and raftfish (75 FR 
69015, November 10, 2010), and all species of deep-water precious 
corals at the Westpac Bed Refugia (75 FR 2198, January 14, 2010). The 
current prohibitions on fishing for these MUS serve as a functional 
equivalent of an ACL of zero.
    Additionally, NMFS is not specifying ACLs for bottomfish, 
crustacean, precious coral, or coral reef ecosystem MUS identified in 
the Pacific Remote Islands Area (PRIA) FEP. This is because fishing is 
prohibited in the EEZ within 12 nm of emergent land, unless authorized 
by the U.S. Fish and Wildlife Service (USFWS), pending the USFWS 
sending NMFS fishery data during consultation with NMFS and the Council 
(78 FR 32996, June 3, 2013). To date, NMFS has not received fishery 
data that would support any such approvals. There is also no suitable 
habitat for these stocks beyond the 12-nm no-fishing zone, except at 
Kingman Reef, where fishing for these resources does not occur. 
Therefore, the current prohibitions on fishing serve as the functional 
equivalent of an ACL of zero. However, NMFS will continue to monitor 
authorized fishing within the PRIA Monument in consultation with the 
U.S. Fish and Wildlife Service, and may develop additional fishing 
requirements, including monument-specific catch limits for species that 
may require them.
    NMFS is not specifying ACLs for pelagic MUS because we 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. In 
addition, NMFS specified the 2017-2018 ACL and AM for Hawaii Deep 7 
bottomfish earlier this year (82 FR 29778, June 30, 2017).

2017 Annual Catch Limits

    Tables 1-4 specify the 2017 ACLs.

                         Table 1--American Samoa
------------------------------------------------------------------------
                                                           Proposed ACL
            Fishery                  Management unit      specification
                                         species               (lb)
------------------------------------------------------------------------
Bottomfish.....................  Bottomfish multi-               106,000
                                  species stock complex.
Crustacean.....................  Deepwater shrimp......           80,000
                                 Spiny lobster.........            4,845
                                 Slipper lobster.......               30
                                 Kona crab.............            3,200
Precious Coral.................  Black coral...........              790
                                 Precious corals in the            2,205
                                  American Samoa
                                  Exploratory Area.
------------------------------------------------------------------------


[[Page 58131]]


                              Table 2--Guam
------------------------------------------------------------------------
                                                           Proposed ACL
            Fishery                  Management unit      specification
                                         species               (lb)
------------------------------------------------------------------------
Bottomfish.....................  Bottomfish multi-                66,000
                                  species stock complex.
Crustaceans....................  Deepwater shrimp......           48,488
                                 Spiny lobster.........            3,135
                                 Slipper lobster.......               20
                                 Kona crab.............            1,900
Precious Coral.................  Black coral...........              700
                                 Precious corals in the            2,205
                                  Guam Exploratory Area.
------------------------------------------------------------------------


                              Table 3--CNMI
------------------------------------------------------------------------
                                                           Proposed ACL
            Fishery                  Management unit      specification
                                         species               (lb)
------------------------------------------------------------------------
Bottomfish.....................  Bottomfish multi-               228,000
                                  species stock complex.
Crustacean.....................  Deepwater shrimp......          275,570
                                 Spiny lobster.........            7,410
                                 Slipper lobster.......               60
                                 Kona crab.............            6,300
Precious Coral.................  Black coral...........            2,100
                                 Precious corals in the            2,205
                                  CNMI Exploratory Area.
------------------------------------------------------------------------


                             Table 4--Hawaii
------------------------------------------------------------------------
                                                           Proposed ACL
            Fishery                  Management unit      specification
                                         species               (lb)
------------------------------------------------------------------------
Crustacean.....................  Deepwater shrimp......          250,773
                                 Spiny lobster.........           15,000
                                 Slipper lobster.......              280
Precious Coral.................  Auau Channel black                5,512
                                  coral.
                                 Makapuu Bed--Pink                 2,205
                                  coral.
                                 Makapuu Bed--Bamboo                 551
                                  coral.
                                 180 Fathom Bank--Pink               489
                                  coral.
                                 180 Fathom Bank--                   123
                                  Bamboo coral.
                                 Brooks Bank--Pink                   979
                                  coral.
                                 Brooks Bank--Bamboo                 245
                                  coral.
                                 Kaena Point Bed--Pink               148
                                  coral.
                                 Kaena Point Bed--                    37
                                  Bamboo coral.
                                 Keahole Bed--Pink                   148
                                  coral.
                                 Keahole Bed--Bamboo                  37
                                  coral.
                                 Precious corals in the            2,205
                                  Hawaii Exploratory
                                  Area.
------------------------------------------------------------------------

Accountability Measures

    Federal logbook entries and required catch reporting from fisheries 
in Federal waters are not sufficient to monitor and track catches 
towards the ACL specifications accurately. This is because most fishing 
for bottomfish, crustacean, precious coral, and coral reef ecosystem 
MUS occurs in state waters, generally 0-3 nm from shore. For these 
reasons, NMFS will apply a moving 3-year average catch to evaluate 
fishery performance against the ACLs. Specifically, NMFS and the 
Council will use the average catch during fishing year 2015, 2016, and 
2017 to evaluate fishery performance against the appropriate 2017 ACL. 
At the end of each fishing year, the Council will review catches 
relative to each ACL. If NMFS and the Council determine that the three-
year average catch for the fishery exceeds the specified ACL, NMFS and 
the Council will reduce the ACL for that fishery by the amount of the 
overage in 2018.
    You may review additional background information on this action in 
the preamble to the proposed specifications (82 FR 50112; October 30, 
2017); we do not repeat that information here.

Comments and Responses

    The comment period for the proposed specifications ended on 
November 14, 2017. NMFS received no public comments. NMFS specifically 
invited public comments addressing the impact, if any, of the proposed 
specifications on cultural fishing practices in American Samoa. NMFS 
received no comments for these specifications regarding cultural 
fishing practices or impacts to such fishing practices in American 
Samoa. NMFS has no information that these ACLs and AMs will have any 
impact on American Samoa cultural fishing practices.

Changes From the Proposed Specifications

    There are no changes in the final specifications from the proposed 
specifications.

Classification

    The Regional Administrator, NMFS PIR, determined that this action 
is necessary for the conservation and management of Pacific Island 
fisheries,

[[Page 58132]]

and that it is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel 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. NMFS published the factual basis for certification in the 
proposed specifications, and does not repeat it here. NMFS did not 
receive comments regarding the certification and has no reason to think 
that anything has changed to affect it. As a result, a final regulatory 
flexibility analysis is not required, and one was not prepared.
    This action is exempt from review under Executive Order 12866.

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

    Dated: December 6, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-26624 Filed 12-8-17; 8:45 am]
 BILLING CODE 3510-22-P