[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Proposed Rules]
[Pages 74387-74390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26407]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 221129-0252]
RIN 0648-BL35


Pacific Island Fisheries; 2022-2025 Annual Catch Limits and 
Accountability Measures for Main Hawaiian Islands Deepwater Shrimp and 
Precious Coral Fisheries

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement annual catch limits (ACL) and 
accountability measures (AM) for main Hawaiian Islands (MHI) deepwater 
shrimp and precious coral for each fishing year in the time period 
between 2022 and 2025. As a post-season AM, if NMFS determines that the 
most recent three-year average total catch exceeded an ACL in a fishing 
year, we would reduce the ACL for the following fishing year by the 
amount of the overage. This proposed rule supports the long-term 
sustainability of MHI deepwater shrimp and precious coral.

DATES: NMFS must receive comments by January 4, 2023.

ADDRESSES: You may submit comments on the proposed rule, identified by 
NOAA-NMFS-2022-0113, 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 and enter NOAA-NMFS-2022-0113 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Send written comments to Sarah Malloy, Acting 
Regional Administrator, NMFS Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or

[[Page 74388]]

individual, or received after the end of the comment period, may not be 
considered by NMFS. 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).
    The Western Pacific Fishery Management Council (Council) and NMFS 
prepared an environmental assessment (EA) that supports this proposed 
rule. The EA is available at www.regulations.gov, or from the Council, 
1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, or 
www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS PIRO Sustainable 
Fisheries, 808-725-5177.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage fisheries in the 
U.S. Exclusive Economic Zone (EEZ, or 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), with regulations at 50 CFR part 665. The 
FEP contains a process for the Council and NMFS to specify ACLs and 
AMs, codified at 50 CFR 665.4. NMFS must specify ACLs and AMs 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 an AM reducing the ACL for the subsequent 
fishing year by the amount of the overage, or other appropriate action.
    This proposed rule would establish the following ACLs for MHI 
deepwater shrimp and precious coral for each fishing year in the time 
period between 2022 and 2025 and they are consistent with past ACLs for 
these fisheries:

 Table 1--Annual Catch Limits for Main Hawaiian Islands Deepwater Shrimp
  and Precious Corals for Each Fishing Year in the Time Period Between
                              2022 and 2025
------------------------------------------------------------------------
            Fishery                       Stock              ACL (lb)
------------------------------------------------------------------------
Crustacean.....................  Deepwater shrimp.......         250,773
Precious Coral.................  Auau Channel--Black               5,512
                                  coral.
Precious Coral.................  Makapuu Bed--Pink and             2,205
                                  red coral.
Precious Coral.................  Makapuu Bed--Bamboo                 551
                                  coral.
Precious Coral.................  180 Fathom Bank--Pink               489
                                  and red coral.
Precious Coral.................  180 Fathom Bank--Bamboo             123
                                  coral.
Precious Coral.................  Brooks Bank--Pink and               979
                                  red coral.
Precious Coral.................  Brooks Bank--Bamboo                 245
                                  coral.
Precious Coral.................  Kaena Point Bed--Pink               148
                                  and red coral.
Precious Coral.................  Kaena Point Bed--Bamboo              37
                                  coral.
Precious Coral.................  Keahole Bed--Pink and               148
                                  red coral.
Precious Coral.................  Keahole Bed--Bamboo                  37
                                  coral.
Precious Coral.................  Hawaii Exploratory                2,205
                                  Area--precious coral.
------------------------------------------------------------------------

    This proposed rule is consistent with recommendations made by the 
Council at its March 2022 meeting. The Council recommended that NMFS 
implement ACLs and AMs for all subject stocks for each fishing year in 
the time period between 2022 and 2025. The fishing year is the calendar 
year for deepwater shrimp and July 1 through June 30 for precious 
coral.
    As a post-season AM for each stock, NMFS and the Council will 
evaluate the catch after each fishing year relative to the ACL. If NMFS 
and Council determine the average catch of the three most recent years 
exceeds an ACL, NMFS will reduce the ACL for the subsequent fishing 
year through a separate rulemaking. These proposed 2022-2025 ACLs are 
unchanged from past deepwater shrimp and precious coral ACLs. The 
subject fisheries have not caught their specified ACLs in any year 
since the ACLs were first implemented in 2012. There are currently two 
active Federal permits for the deepwater shrimp fishery and none for 
precious coral.
    NMFS will consider public comments on this proposed rule and will 
announce the final rule in the Federal Register. NMFS must receive any 
comments by the date provided in the DATES section above. Regardless of 
the final rule, all other management measures will continue to apply in 
the fisheries.

Classification

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

Regulatory Flexibility Act (RFA) 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, issued under the authority of 
the Magnuson-Stevens Act, would not have a significant economic impact 
on a substantial number of small entities. This proposed rule would 
specify ACLs and AMs for Hawaii deepwater shrimp for 2022, 2023, 2024, 
and 2025 and for Hawaii precious corals for 2022-2023, 2023-2024, and 
2024-2025. The proposed ACLs for each fishing year in the time period 
between 2022 and 2025 would be as follows:
     Hawaii deepwater shrimp: 250,773 lb;
     Auau Channel black coral: 5,512 lb;
     Makapuu Bed Established Bed pink coral: 2,205 lb;
     Makapuu Bed Established Bed bamboo coral: 551 lb;
     180 Fathom Bank Conditional Bed pink coral: 489 lb;
     180 Fathom Bank Conditional Bed bamboo coral: 123 lb;
     Brooks Bank Conditional Bed pink coral: 979 lb;
     Brooks Bank Conditional Bed bamboo coral: 245 lb;

[[Page 74389]]

     Kaena Point Conditional Bed pink coral: 148 lb;
     Kaena Point Conditional Bed bamboo coral: 37 lb;
     Keahole Conditional Bed pink coral: 148 lb;
     Keahole Conditional Bed bamboo coral: 37 lb;
     Hawaii Exploratory Area pink coral: 2,205 lb;
     Hawaii Exploratory Area bamboo coral: 2,205 lb.
    Catch of Hawaii deepwater shrimp and precious corals in state and 
Federal waters would all count toward the ACLs under this action. This 
would include catch by anyone who is required to report catch to state 
or Federal agencies. In recent years, a range of three to ten fishermen 
participated in the Hawaii deepwater shrimp fishery, while no more than 
one or two fishermen participated in the precious corals fishery. This 
action would likely apply to 12 or fewer fishermen across Hawaii.
    With respect to deepwater shrimp, based on the recent average 
annual landings of 8,819 lb from 2019 through 2021 and using the 
average price over the 2018-2021 time-frame of $8.63, the annual 
commercial value of the fishery is approximately $76,108. With an 
estimated 3 to 10 vessels having fished for deepwater shrimp in recent 
years, NMFS estimates that the average revenue for each vessel would 
range from $7,611 to $25,369.
    Recent estimates of black coral values suggest prices per pound 
from 2000 to 2020 were $36.30 per pound on average, suggesting that 
recent revenue could range anywhere from approximately $10,000 to 
$25,000 annually, depending on the price. The pink and bamboo coral 
fisheries have been inactive for at least 20 years.
    For RFA purposes only, 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 (NAICS code 11411) 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 has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. Based on available information, NMFS 
has determined that all affected entities are small entities under the 
SBA definition of a small entity, i.e., they are engaged in the 
business of fish harvesting, are independently owned or operated, are 
not dominant in their field of operation, and have gross receipts not 
in excess of $11 million. 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.
    Because the proposed ACLs are the same as those implemented in 
recent years, and since recent catch has not been constrained by ACLs, 
this proposed action is not expected to affect participants of these 
fisheries. Neither would this proposed action disproportionately affect 
vessels by gear types, areas fished, or home ports. Thus, this action 
would not result in significant economic impacts to fishery 
participants. Furthermore, NMFS and the Council are not considering in-
season closures for these fisheries because fishery management agencies 
are not able to track catch relative to the ACLs during the fishing 
year. Therefore, there is no potential for effects on fishermen from a 
closure of the deepwater shrimp and precious coral fisheries. A post-
season review of the catch data would be required to determine whether 
any fishery exceeded its ACL by comparing the ACL to the most recent 
three-year average catch for which data is available. If an ACL is 
exceeded, the Council and NMFS would take action to mitigate the 
overage by reducing the ACL for that fishery in the subsequent year. If 
an ACL is exceeded more than once in a four-year period, the Council 
and NMFS would take action to correct the operational issue that caused 
the ACL overages. NMFS and the Council would evaluate the 
environmental, social, and economic impacts of future actions, such as 
changes to future ACLs or AMs, after the required data are available.
    Therefore, fishermen in the deepwater shrimp and precious coral 
fisheries should be able to fish throughout the entire year. The ACLs, 
as proposed, would not change the gear type, areas fished, effort, or 
participation of the fisheries during the fishing years under 
consideration. The proposed action does not duplicate, overlap, or 
conflict with other Federal rules. For all of these reasons, NMFS does 
not expect the proposed action to 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.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

    Accountability measures, Annual catch limits, Deepwater shrimp, 
Precious coral, Fisheries, Fishing, Hawaii, Pacific Islands.

    Dated: November 30, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine 
Fisheries Service.

    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.  665.253, revise paragraph (a)(1) to read as follows:


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                        2022             2023             2024             2025
----------------------------------------------------------------------------------------------------------------
ACL (lb)....................................         250,773          250,773          250,773          250,773
----------------------------------------------------------------------------------------------------------------

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0
3. In Sec.  665.269, revise paragraph (c) to read as follows:


Sec.  665.269  Annual Catch Limits (ACL).

* * * * *
    (c) In accordance with Sec.  665.4, the ACLs for MHI precious coral 
permit areas for each fishing year are as follows:

[[Page 74390]]



                                            Table 1 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
                                                                    2022-23 ACL     2023-24 ACL     2024-25 ACL
           Type of coral bed               Area and coral group        (lb)            (lb)            (lb)
----------------------------------------------------------------------------------------------------------------
Established bed........................  Auau Channel--Black               5,512           5,512           5,512
                                          coral.
                                         Makapuu Bed--Pink and             2,205           2,205           2,205
                                          red coral.
                                         Makapuu Bed--Bamboo                 551             551             551
                                          coral.
Conditional Beds.......................  180 Fathom Bank--Pink               489             489             489
                                          and red coral.
                                         180 Fathom Bank--Bamboo             123             123             123
                                          coral.
                                         Brooks Bank--Pink and               979             979             979
                                          red coral.
                                         Brooks Bank--Bamboo                 245             245             245
                                          coral.
                                         Kaena Point Bed--Pink               148             148             148
                                          and red coral.
                                         Kaena Point Bed--Bamboo              37              37              37
                                          coral.
                                         Keahole Bed--Pink and               148             148             148
                                          red coral.
                                         Keahole Bed--Bamboo                  37              37              37
                                          coral.
Exploratory Area.......................  Hawaii--precious coral.           2,205           2,205           2,205
----------------------------------------------------------------------------------------------------------------

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[FR Doc. 2022-26407 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-22-P