[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5051-5052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02162]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 170915903-8077-02]
RIN 0648-XF706


Pacific Island Fisheries; 2017 Hawaii Kona Crab Annual Catch 
Limit and Accountability Measure

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

ACTION: Final specification.

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SUMMARY: In this final rule, NMFS specifies an annual catch limit (ACL) 
for 2017 of 3,500 lb for Hawaii Kona crab, and an accountability 
measure (AM) to correct or mitigate any overages of the catch limit. 
The ACL and AM support the long-term sustainability of fishery 
resources of the U.S. Pacific Islands.

DATES: The final specification is effective March 7, 2018. The final 
specification is applicable from January 1, 2017, through December 31, 
2017.

ADDRESSES: The Fishery Ecosystem Plan for the Hawaiian Archipelago is 
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 http://www.wpcouncil.org. Copies of the 
environmental analysis 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 an ACL of 3,500 lb of 
Hawaii Kona crab for fishing year 2017. NMFS proposed this 
specification on December 20, 2017 (82 FR 60366), and the final 
specification does not differ from the proposed. The 2017 fishing year 
began on January 1 and ended on December 31.
    The Council recommended the ACL based on a recommended acceptable 
biological catch of 3,500 lb from its Scientific and Statistical 
Committee, and the results of an October 2015 stock assessment. The 
stock assessment found that the Hawaii Kona crab stock had reached an 
overfished status (<50 percent of BMSY, biomass at maximum 
sustainable yield) in 2006, and was likely still overfished in 2010. 
The assessment also included biomass projections for 2010-2030 under 
three commercial landings scenarios: Zero lb, 7,000 lb, and 8,000 lb.
    At a constant 7,000-lb annual commercial harvest rate, the 
assessment estimated that Kona crab biomass would increase above 50 
percent of BMSY by 2030, but due to uncertainty, there was a 
chance that stock biomass could potentially decline to zero lb by 2020. 
In developing the ACL, the Council also considered information 
indicating a 50:50 male to female landings ratio, and information 
suggesting that crabs disentangled from Kona crab may have injuries 
that could result in mortality rates as high as 100 percent if limbs 
are lost. Therefore, to meet the objective of rebuilding stock biomass 
to levels >50 percent of BMSY, and limit total fishing 
mortality to 7,000 lb, the Council recommended an ACL of 3,500 lb. NMFS 
is planning to complete a benchmark assessment for Hawaii Kona crab in 
2019, which could be available for management use in fishing year 2020.
    As an AM, NMFS will apply a 3-year average catch to evaluate 
fishery performance against the ACL. Specifically, NMFS will use the 
average catch of fishing years 2015, 2016, and 2017, to evaluate 
fishery performance against the 2017 ACL. If, after the end of the 
fishing year, NMFS and the Council determine that the 3-year average 
catch exceeded the specified ACL, NMFS and the Council will reduce the 
ACL for that fishery by the amount of the overage in the subsequent 
year. The Council recommended an AM based on multi-year average catch 
data to reduce the influence of inter-annual variability in catch 
estimates in evaluating fishery performance against the ACL.
    You may review additional background information on this action in 
the preamble to the proposed specification (82 FR 60366; December 20, 
2017); we do not repeat that information here.

Comments and Responses

    The comment period for the proposed specification ended on January 
4, 2018. NMFS received two public comments that were not relevant to 
this rulemaking.

Changes From the Proposed Specification

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

Classification

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

[[Page 5052]]

entities. NMFS published the factual basis for certification in the 
proposed specification, 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: January 30, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-02162 Filed 2-2-18; 8:45 am]
 BILLING CODE 3510-22-P