Federal Register, Volume 84 Issue 121 (Monday, June 24, 2019)

[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Rules and Regulations]
[Pages 29394-29398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13108]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 181015948-9482-02]
RIN 0648-BI54

Pacific Island Fisheries; 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: Final rule.

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SUMMARY: This final rule establishes an annual catch limit (ACL) of
492,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for
each of the three fishing years 2018-19, 2019-20, and 2020-21. If NMFS
projects that the fishery will reach the ACL in any given fishing year,
NMFS would close the commercial and non-commercial fisheries for MHI
Deep 7 bottomfish in Federal waters for the remainder of that fishing
year as an accountability measure (AM). This rule also makes
housekeeping changes to the Federal bottomfish fishing regulations.
This rule supports the long-term sustainability of Deep 7 bottomfish.

DATES: The final rule is effective July 24, 2019. The final rule is
applicable in fishing years 2018-2019, 2019-2020 and 2020-2021.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian
Archipelago 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 assessment (EA) and Finding of No
Significant Impact for this action are available from https://www.regulations.gov/docket?D=NOAA-NMFS-2018-0121, or from Michael D.
Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR),
1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Brett Schumacher, NMFS PIRO
Sustainable Fisheries, 808-725-5185.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Deep 7
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). 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). The regulations at title 50, Code of
Federal Regulations, part 665 (50 CFR 665.4) require NMFS to specify an
ACL for MHI Deep 7 bottomfish each fishing year, based on a
recommendation from the Council.
The Council recommended NMFS implement the ACL and AMs for MHI Deep
7 bottomfish in fishing years 2018-19, 2019-20, and 2020-21. The
Council based its recommendations on a NMFS 2018 benchmark bottomfish
stock assessment, 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.
The 2018 stock assessment estimated the overfishing limit for the
MHI Deep 7 bottomfish stock complex to be 558,000 lb, assuming three
years of identical catch in fishing years 2018-19, 2019-20, and 2020-
21. This overfishing limit is 206,000 lb more than the estimated
overfishing limit described in the 2011 stock assessment, as updated

[[Page 29395]]

in 2015. The ACL of 492,000 lb is 186,000 lb more than the ACL that
NMFS specified last year based on the previous stock assessment (82 FR
29778, June 30, 2017). The ACL is associated with up to a 40 percent
probability of overfishing for each fishing year up to 2020-21, 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 the ACL, NMFS would close the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish in Federal waters for
the remainder of that fishing year, as an AM. As an additional AM, in
the event that NMFS and the Council determine that the final MHI Deep 7
bottomfish catch exceeds the ACL in any given year, NMFS would reduce
the ACL for the subsequent fishing year by the amount of the overage.
The fishery has not caught the specified annual limit in any year
since 2011, and NMFS does not expect this rule to result in a change in
fishing operations, or other changes to the conduct of the fishery that
would result in significant environmental impacts.
This rule also makes administrative housekeeping changes to the
regulations at 50 CFR part 665. This rule removes the description of
the process of setting an annual total allowable catch, which has been
superseded by the ACL process. The housekeeping changes also include
updates to the name of the multispecies stock complex and updates and
revisions to the scientific, local, and/or common names of several
species, including corrections to regulations that were amended by a
February 8, 2019, final rule that reclassified six species of Hawaii
bottomfish management unit species (MUS) at 50 CFR 665.201 as ecosystem
component species (84 FR 2726). That rule clarified the names of
certain species in Sec. Sec. 665.220 and 665.401 by removing
diacriticals that are not consistently represented across different
typefaces, resulting in misspellings. That rule also reordered the
species listed so they are alphabetical by scientific name, and
corrected a misspelling of P. sieboldii. The February 8, 2019, rule was
effective March 11, 2019, which was after the proposed rule for the
current action was published. Therefore, some of the regulatory text in
this rule is based on the regulatory language implemented in the
February 8, 2019, final rule.

Comments and Responses

On March 12, 2019, NMFS published a proposed rule and request for
public comments (84 FR 8835). The comment period ended April 11, 2019,
and NMFS received seven public comments from five individuals that
generally supported the ACL and AMs. NMFS considered the public
comments and responds to comments below.
Comment 1: There should be some sort of minimum catch size limit to
ensure sustainability of the juvenile bottomfish population.
Response: NMFS acknowledges the potential benefits of minimum size
limits when a fishery is in need of additional management measures.
However, the best available science indicates that Deep 7 bottomfish
stocks are currently healthy, so additional management measures beyond
those currently proposed and in effect are not necessary at this time.
NMFS and the State of Hawaii will continue to monitor the fishery and
may consider additional management measures, including, but not limited
to, size limits if the best scientific information available indicates
additional measures are necessary to ensure stock sustainability.
Comment 2: The annual catch limit (ACL) should remain for Deep 7
bottomfish indefinitely to ensure that the fishery remains successful
over the next three to five years.
Response: Pursuant to the Magnuson-Stevens Act and the Hawaii
Fishery Ecosystem Plan, ACLs are a permanent part of the management
regime for bottomfish management unit species. NMFS has managed the MHI
Deep 7 bottomfish fishery through ACLs since 2011. As required by the
Magnuson-Stevens Act, NMFS and the Council will continue to manage the
fishery using ACLs after the end of the 3-year period to which this
rule applies based on the best science available at that time.
Comment 3: There are insufficient data to accurately assess the
impact on small businesses if Federal waters were closed to fishing.
Further consideration would be necessary to evaluate how this proposed
action will impact these fishing industry workers. A recommendation
would be to establish a task force to accurately assess the impact of
this rule in its totality as it pertains to small businesses.
Response: Section 4.3.1 of the EA specifically addresses the
potential effects on the fishing community. Additionally, potential
economic effects were also considered under the Regulatory Flexibility
Act (section 5.11) and the Regulatory Impact Review (section 8). See
also the CLASSIFICATION section of the proposed rule, and specifically
the description under the heading, ``Certification of Finding of No
Significant Impact on Substantial Number of Small Entities.'' each of
these analyses determined that the action is not expected to have
negative social or economic effects.
As described in the EA, the ACL implemented by this rule is
sustainable. At the same time, it is substantially larger than the
fishery's annual catch in recent years. Given the history of this
fishery, we do not expect the fishery to reach the ACL in any fishing
year and therefore, do not anticipate a fishery closure. In the
unlikely event of such a fishery closure, however, this would mean that
the fishery will have reaped economic and social benefits upon
achieving a level of catch that the fishery has not realized since
1989.
Comment 4: The proposed action should provide regulations that
prevent marine mammals, including bottlenose dolphins and Hawaiian monk
seals, from becoming hooked or entangled in fishing gear.
Response: Pursuant to the Marine Mammal Protection Act, the MHI
bottomfish fishery is a Category 3 fishery, with a remote likelihood
of, or no known, incidental mortality or serious injury of marine
mammals. To date, there is no data indicating this fishery is the cause
of serious injury or mortality to marine mammals. NMFS has also
concluded that marine mammals protected under the Endangered Species
Act, including the Hawaiian monk seal, are not likely to be adversely
affected by the Hawaii bottomfish fishery. NMFS will continue to
monitor the fishery and would consider additional bycatch management
measures if the best scientific information available indicates such
measures would be necessary to prevent and minimize interaction with
marine mammals (and other protected species).
Comment 5: There should be some measure by which the agency
reassesses the fish population on an annual basis to ensure that the
limit remains reasonable. Should some unforeseen event affect the fish
population so that the proposed ACL results in overfishing,
adjustments, other than closing the fisheries for that year, would be
warranted.
Response: NMFS assesses the status of Deep 7 bottomfish stocks
approximately every three years. NMFS and the Council review these
assessments, and also monitor catches and evaluate them each year
relative to the ACL and associated risk of overfishing. These analyses
are reported in annual Stock

[[Page 29396]]

Assessment and Fishery Evaluation Reports, presented at public meetings
and available on the Council website (http://www.wpcouncil.org/fishery-plans-policies-reports/fishery-reports-2/). If significant new
information becomes available, NMFS and the Council would use such
information to determine whether changes to the management of the
fishery, including changes in the ACL and AMs, are necessary.
Comment 6: One commenter questioned whether this action would lead
to long-term sustainability when the new ACL is 186,000 lb more than
the ACL for 2017-18, and greater than the highest reported landings
over the past five fishing seasons.
Response: As described in the EA, the higher ACL for fishing years
2019-20 through 2020-21 is the result of improved stock conditions as
described in the 2018 benchmark assessment for MHI Deep 7 bottomfish.
Specifically, the 2018 stock assessment estimated the overfishing limit
(OFL) for the MHI Deep 7 bottomfish stock complex to be 558,000 lb,
assuming three years of identical catch in fishing years 2018-19, 2019-
20, and 2020-21. This OFL is 206,000 lb more than the OFL in the 2011
stock assessment, as updated in 2015. According to the 2018 stock
assessment, an ACL of 492,000 lb for 2018-2021 is associated with a 40
percent probability of overfishing in each fishing year.
The 2018 assessment represents an improvement over the previous
assessment upon which the 2017-18 ACL was based because it included
more years of fishery data, an independent biomass estimate from a
fishery-independent survey, improved fishery data filtering, and catch
per unit of effort or CPUE standardization methods obtained through a
series of workshops with fishermen and managers. As such, the 2018
stock assessment is the best scientific information available for
assessing the status of the MHI Deep 7 bottomfish stocks.
Comment 7: Reopening of four of the bottomfish restricted fishing
areas (BRFA) to fishing by the Hawaii Division of Aquatic Resources
could lead to overfishing.
Response: The proposed opening of four BRFA to fishing is a State
of Hawaii management action and is not part of this final rule.
Although the State may open four of the 12 BRFAs to fishing, this
final rule ensures that total authorized catch of bottomfish will
remain sustainable, regardless of the location of the catch. Thus, even
if bottomfish are caught in one or more of the four BRFAs that would be
open to fishing, the ACL and AMs would prevent catch from reaching the
OFL, or mitigate overages, if they were to occur, thus maintaining a
healthy and sustainable fishery.

Changes From the Proposed Rule

This final rule contains no changes from the proposed rule.

Classification

The Administrator, Pacific Islands Region, NMFS, determined that
this action is necessary for the conservation, management, and long-
term sustainability of Deep 7 bottomfish, and that it is consistent
with the Magnuson-Stevens Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
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. The factual basis for the certification was published in the
proposed rule and is not repeated here. NMFS did not receive any
comments regarding this certification. As a result, a regulatory
flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 665

Accountability measures, Annual catch limits, Bottomfish,
Fisheries, Fishing, Hawaii, Pacific Islands.

Dated: June 17, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, NMFS amends 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. In Sec. 665.12, revise the definition of ``Fishing year'' to read
as follows:

Sec. 665.12 Definitions.

* * * * *
Fishing year means the year beginning at 0001 local time on January
1 and ending at 2400 local time on December 31, with the exception of
fishing for Deep 7 bottomfish and any precious coral MUS.
* * * * *

0
3. Amend Sec. 665.201 by:
0
a. Adding in alphabetical order the definitions of ``Deep 7
bottomfish'' and ``Deep 7 bottomfish fishing year;''
0
b. Revising the definition of ``Hawaii bottomfish management unit
species (Hawaii bottomfish MUS);''
0
c. Removing the definition of ``Hawaii restricted bottomfish species
fishing year;'' and
0
d. Revising the definition of ``Main Hawaiian Islands non-commercial
bottomfish permit.''
The revisions and additions to read as follows:

Sec. 665.201 Definitions.

* * * * *
Deep 7 bottomfish means the following species:

Deep 7 bottomfish fishing year means the year beginning at 0001
local time on September 1 and ending at 2400 HST on August 31 of the
next calendar year.
* * * * *
Hawaii bottomfish management unit species (Hawaii bottomfish MUS)
means the following species:

[[Page 29397]]

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Local name Common name Scientific name
----------------------------------------------------------------------------------------------------------------
(1) lehi............................. silver jaw jobfish..... Aphareus rutilans.
(2) uku.............................. gray jobfish........... Aprion virescens.
(3) ehu.............................. squirrelfish snapper... Etelis carbunculus.
(4) onaga............................ longtail snapper....... Etelis coruscans.
(5) hapuupuu......................... sea bass............... Hyporthodus quernus.
(6) opakapaka........................ pink snapper........... Pristipomoides filamentosus.
(7) kalekale......................... pink snapper........... Pristipomoides sieboldii.
(8) gindai........................... snapper................ Pristipomoides zonatus.
----------------------------------------------------------------------------------------------------------------

Main Hawaiian Islands non-commercial bottomfish permit means the
permit required by Sec. 665.203(a)(2) to own or fish from a vessel
that is used in any non-commercial vessel-based fishing, landing, or
transshipment of any Hawaii bottomfish MUS or ECS in the MHI Management
Subarea.
* * * * *

0
4. In Sec. 665.204, revise paragraphs (h), (i), and (j) to read as
follows:

Sec. 665.204 Prohibitions.

* * * * *
(h) Fish for or possess any Deep 7 bottomfish as defined in Sec.
665.201, in the MHI management subarea after a closure of the fishery,
in violation of Sec. 665.211.
(i) Sell or offer for sale any Deep 7 bottomfish as defined in
Sec. 665.201, after a closure of the fishery, in violation of Sec.
665.211.
(j) Harvest, possess, or land more than a total of five fish (all
species combined) identified as Deep 7 bottomfish in Sec. 665.201 from
a vessel in the MHI management subarea, while holding a MHI non-
commercial bottomfish permit, or while participating as a charter boat
customer, in violation of Sec. 665.212.
* * * * *

Sec. 665.210 [Removed and Reserved]

0
5. Remove and reserve Sec. 665.210.

0
6. Revise Sec. 665.211 to read as follows:

Sec. 665.211 Annual Catch Limit (ACL).

(a) In accordance with Sec. 665.4, the ACL for MHI Deep 7
bottomfish for each fishing year is as follows:

------------------------------------------------------------------------
Fishing year ACL (lb)
------------------------------------------------------------------------
(1) 2018-2019........................................... 492,000
(2) 2019-2020........................................... 492,000
(3) 2020-2021........................................... 492,000
------------------------------------------------------------------------

(b) When an ACL is projected to be reached based on analyses of
available information, the Regional Administrator shall publish a
notification to that effect in the Federal Register and shall use other
means to notify permit holders. The notification will include an
advisement that the fishery will be closed beginning at a specified
date, which is not earlier than seven days after the date of filing the
closure notification for public inspection at the Office of the Federal
Register, until the end of the fishing year in which the ACL is
reached.
(c) On and after the date specified in paragraph (b) of this
section, no person may fish for or possess any Deep 7 bottomfish in the
MHI management subarea, except as otherwise allowed in this section.
(d) On and after the date specified in paragraph (b) of this
section, no person may sell or offer for sale Deep 7 bottomfish, except
as otherwise authorized by law.
(e) Fishing for, and the resultant possession or sale of, Deep 7
bottomfish by vessels legally registered to Mau Zone, Ho'omalu Zone, or
PRIA bottomfish fishing permits and conducted in compliance with all
other laws and regulations, is exempted from this section.

0
7. Revise Sec. 665.212 to read as follows:

Sec. 665.212 Non-commercial bag limits.

No more than a total of five fish (all species combined) identified
as Deep 7 bottomfish may be harvested, possessed, or landed by any
individual participating in a non-commercial vessel-based fishing trip
in the MHI management subarea. Charter boat customers are also subject
to the non-commercial bag limit.

0
8. In Sec. 665.401, revise the definition of ``Mariana bottomfish
management unit species (Mariana bottomfish MUS)'' to read as follows:

Sec. 665.401 Definitions.

* * * * *
Mariana bottomfish management unit species (Mariana bottomfish MUS)
means the following fish:

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Local name Common name Scientific name
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(1) lehi/maroobw..................... red snapper, Aphareus rutilans.
silvermouth.
(2) tarakitu/etam.................... giant trevally, jack... Caranx ignobilis.
(3) tarakiton attelong, orong........ black trevally, jack... Caranx lugubris.
(4) bueli, bwele..................... lunartail grouper...... Variola louti.
(5) buninas agaga', falaghal moroobw. red snapper............ Etelis carbunculus.
(6) abuninas, taighulupegh........... red snapper............ Etelis coruscans.
(7) mafuti, atigh.................... redgill emperor........ Lethrinus rubrioperculatus.
(8) funai, saas...................... blueline snapper....... Lutjanus kasmira.
(9) buninas, falaghal-maroobw........ yellowtail snapper..... Pristipomoides auricilla.
(10) buninas, pakapaka, falaghal- pink snapper........... Pristipomoides filamentosus.
maroobw,.
(11) buninas, falaghal-maroobw....... yelloweye snapper...... Pristipomoides flavipinnis.
(12) buninas, falaghal-maroobw....... pink snapper........... Pristipomoides sieboldii.
(13) buninas rayao amariyu, falaghal- flower snapper......... Pristipomoides zonatus.
maroobw.
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0
9. In Sec. 665.601, in the table to the definition of ``PRIA
bottomfish management unit species (PRIA bottomfish MUS)'':
0
a. Revise the first column heading;
0
b. Designate the entries as paragraphs (1) through (12); and
0
c. Revise newly designated paragraph (5).
The revisions read as follows:

Sec. 665.601 Definitions.

* * * * *
PRIA bottomfish management unit species (PRIA bottomfish MUS) means
the following fish:

[[Page 29398]]

------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------

* * * * *
(5) Sea bass.............................. Hyporthodus quernus.

* * * * *
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[FR Doc. 2019-13108 Filed 6-21-19; 8:45 am]
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