[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Proposed Rules]
[Pages 65336-65338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22742]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 201008-0267]
RIN 0648-BJ84


Pacific Island Fisheries; 2020-2023 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: Proposed rule; request for comments.

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SUMMARY: This proposed rule would establish annual catch limits (ACLs) 
of 30,802 pound (lb) and annual catch targets (ACTs) of 25,491 lb of 
main Hawaiian Islands (MHI) Kona crab in 2020, 2021, 2022, and 2023. 
The proposed rule would also establish in-season and post-season 
accountability measures (AMs). The proposed action supports the long-
term sustainability of the Hawaii Kona crab fishery.

DATES: NMFS must receive comments by November 5, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0091, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2020-0091, 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 https://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 a draft environmental assessment (EA) that describes 
the potential impacts on the human environment that could result from 
the proposed ACL and AM. The draft EA and other supporting documents 
are available from www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIRO Sustainable 
Fisheries, 808-725-5182.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Kona crab 
fishery in the U.S. Exclusive Economic Zone (generally 3-200 nm from 
shore) around Hawaii through the Fishery Ecosystem Plan for the 
Hawaiian Archipelago (FEP) under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). The FEP 
contains a process for the Council and NMFS to specify ACLs, ACTs, and 
AMs; that process is codified at Title 50, Code of Federal Regulations, 
Sec.  665.4 (50 CFR 665.4). The regulations require NMFS to specify an 
ACL and AM for each stock and stock complex of management unit species 
(MUS) in an FEP, as recommended by the Council, and considering the 
best available scientific, commercial, and other information about the 
fishery. If a fishery exceeds an ACL, the regulations require the 
Council to take action, which may include reducing the ACL for the 
subsequent fishing year by the amount of the overage, or other 
appropriate action. The specification of an ACT, which is set below the 
ACL, can help ensure that the catch does not exceed the ACL. When used, 
an ACT also serves as the basis for invoking accountability measures.
    The Council recommended that NMFS specify ACLs of 30,802 lb and 
ACTs of 25,491 lb for MHI Kona crab for each of the 2020-2023 fishing 
years. The fishing year for Kona crab is the calendar year. The Council 
based its recommendation on a 2018 benchmark stock assessment of MHI 
Kona crab, published in 2019, and in consideration of the best 
available scientific, commercial, and other information about the 
fishery. The stock assessment estimated the overfishing limit for Kona 
crab to be 33,989 lb. The proposed ACLs and ACTs are associated with a 
38 percent and 20 percent risk of overfishing, respectively. These 
levels are more conservative than the 50 percent risk threshold allowed 
under NMFS guidelines for National Standard 1 of the Magnuson Stevens 
Act. Catch from State and Federal waters will count toward catch 
limits. NMFS does not anticipate that the fishery would reach the 
proposed limit in any fishing year, or that fishing for Hawaii Kona 
crab would be constrained during the fishing year.
    NMFS proposes to implement both in-season and post-season AMs. 
Under the in-season AM (which is new for this fishery), when NMFS 
projects that the catch of Kona crab will reach the ACT, we would close 
the commercial and non-commercial fisheries for Kona crab in Federal 
waters for the remainder of the year. For the post-season AM, if NMFS 
and the Council determine after the end of each fishing year that the 
catch exceeded the ACL, NMFS would reduce the ACL and ACT in the 
subsequent fishing year by the amount of the overage. In the event that 
the catch exceeds the ACT, but is below the ACL, a post-season 
correction would not be applied. NMFS will use the best scientific 
information available to monitor the ACT and ACL, such as the monthly 
catch reporting required by State of Hawaii Commercial Marine License 
(CML) holders. Since NMFS does not issue Federal fishing permits to 
fish for Kona crab and instead relies on the CML, we have no way to 
directly inform fishermen of an in-season closure or post-season 
adjustment. NMFS will provide advance notice to fishermen and the 
public through available print and online publications if we implement 
an in-season closure or a post-season correction. We will also request 
the State of Hawaii notify CML

[[Page 65337]]

holders of any changes in the fishery, including an in-season closure 
or a post-season correction.
    The proposed rule would make a housekeeping change related to 
codification of the Hawaii deepwater shrimp ACL and AMs. Specifically, 
the proposed rule would separate the ACLs for Kona crab and deepwater 
shrimp in 50 CFR 665.253 by adding paragraphs for each stock.
    NMFS will consider public comments on this proposed rule and will 
announce the final ACLs, ACTs, and AMs in the Federal Register. NMFS 
must receive any comments by the date provided in the DATES heading, 
not postmarked or otherwise transmitted by that date. Regardless of the 
final ACL, ACT, and AM, all other management measures will continue to 
apply in the fishery.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator for Fisheries has determined that this 
proposed action is consistent with the FEP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.

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 this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
A description of the proposed action, why it is being considered, and 
the legal basis for it are contained in the preamble to this proposed 
rule.
    This rule would apply to participants in the commercial and non-
commercial fisheries for MHI Kona crab. Kona crab catch averaged 3,316 
lb from 2017-2019, with an estimated ex-vessel value of $24,605, if all 
catch were sold, based on the 2019 average price of $7.42 per lb; 
between 2017 and 2019, percent sold ranged from 43 to 57 percent. The 
amount of Kona crab caught each year has generally declined since 2011, 
when 51 fishermen reported landing 10,609 lb, although 2019 Kona crab 
catch was almost double 2018 catch. During the 2019 fishing year, 23 
fishermen reported landing 5,698 lb. In 2018, 22 fishermen reported 
landing 2,561 lb.
    NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 CFR 200.2). A business primarily engaged in commercial 
fishing is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and its combined annual receipts are not in excess of $11 
million for all of its affiliated operations worldwide. Based on 
available information, NMFS has determined that all vessels engaging in 
the commercial and non-commercial fisheries for Kona crab (NAICS Code: 
11411) are small entities. 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. Therefore, there would be no disproportionate economic impacts 
between large and small entities. Furthermore, there are would be no 
disproportionate economic impacts among the universe of vessels based 
on gear, homeport, or vessel length.
    Even though this proposed action would apply to a substantial, but 
unquantified, number of vessels, this action should not result in 
significant adverse economic impact to individual vessels. The proposed 
ACTs are much higher than the ACL implemented in 2017 and 2019 (3,500 
lb). This increase is because the most recent stock assessment 
incorporated several changes that resulted in markedly different 
outputs compared to the previous assessment, upon which the previous 
ACLs were based. The proposed ACLs are not expected to result in an 
expansion of the fishery by new fishermen looking to take advantage of 
the higher quota compared to previous years. Given the offshore fishing 
grounds for Kona crab, it would take a significant financial investment 
to become active in the fishery if fisherman did not already own a 
vessel and the required specialized gear. The proposed action, if 
implemented, is not expected to constrain the fishery, given that the 
proposed ACLs and ACTs are both more than double the highest catch 
recorded over the past 10 years, which was 10,609 lb in 2011. 
Furthermore, the fishery would still be managed by State of Hawaii 
regulations (e.g., discarding of female and undersized crabs) that 
limits interest and viability of the fishery.
    While NMFS and the Council are considering, as AMs, both an in-
season closure in the Kona crab fishery if catch is projected to reach 
the ACT and a post-season adjustment if the catch exceeds the ACL, the 
proposed ACT is several times higher than the reported catch in 2019, 
so either accountability measure is unlikely to be needed. The ACLs, 
ACTs, and AMs, as proposed, would not change the gear types, areas 
fished, effort, or participation of the fishery during each fishing 
year.
    The proposed action does not duplicate, overlap, or conflict with 
other Federal rules and is not expected to have significant impact on 
small entities (as discussed above), organizations, or government 
jurisdictions. The proposed action also will not place a substantial 
number of small entities, or any segment of small entities, at a 
significant competitive disadvantage to large entities.
    For the reasons above, NMFS does not expect the proposed action to 
have a significant economic impact on a substantial number of small 
entities. As such, an initial regulatory flexibility analysis is not 
required and none has been prepared.

Executive Order 12866

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

Executive Order 13771

    This proposed rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.

List of Subjects in 50 CFR Part 665

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

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

    Dated: October 8, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Serive.
    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. In Sec.  665.243, add paragraph (d) to read as follows:


Sec.  665.243  Prohibitions.

* * * * *
    (d) In Crustacean Permit Area 2, it is unlawful for any person to 
fish for, possess, sell, or offer for sale any Kona crab from a closed 
fishery in the Federal waters of the MHI in violation of Sec.  
665.253(b).
0
3. Revise Sec.  665.253 to read as follows:

[[Page 65338]]

Sec.  665.253  Annual Catch Limits (ACL) and Annual Catch Targets 
(ACT).

    (a) Deepwater shrimp. (1) In accordance with Sec.  665.4, the ACLs 
for each fishing year are as follows: Table 1 to paragraph (a)(1)

------------------------------------------------------------------------
              Fishing year                     2020            2021
------------------------------------------------------------------------
ACL (lb)................................         250,733         250,733
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    (2) If the average catch of the three most recent years of 
deepwater shrimp exceeds the specified ACL in a fishing year, the 
Regional Administrator will reduce the ACL for the subsequent year by 
the amount of the overage.
    (b) MHI Kona crab. (1) In accordance with Sec.  665.4, the ACLs and 
ACTs for each fishing year are as follows: Table 2 to paragraph (b)(1)

----------------------------------------------------------------------------------------------------------------
                  Fishing year                         2020            2021            2022            2023
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ACL (lb)........................................          30,802          30,802          30,802          30,802
ACT (lb)........................................          25,491          25,491          25,491          25,491
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    (2) When the ACT is projected to be reached based on analyses of 
available information, the Regional Administrator shall publish a 
document to that effect in the Federal Register and shall use other 
means to notify affected fishermen. The document will include an 
advisement that the fishery will be closed beginning on 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.
    (3) On and after the date specified in paragraph (b)(2) of this 
section, no person may fish for, possess, sell, or offer for sale any 
Kona crab from a closed fishery in the Federal waters of the MHI, 
except as otherwise allowed in this section.
    (4) If landings exceed the specified ACL in a fishing year, the 
Regional Administrator will reduce the ACL and the ACT for the 
subsequent year by the amount of the overage.
[FR Doc. 2020-22742 Filed 10-14-20; 8:45 am]
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