[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Rules and Regulations]
[Pages 14081-14082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04359]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 230227-0056]
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: Final rule.

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SUMMARY: In this final rule, NMFS implements 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 average total catch from the most recent 3 fishing years 
exceeded an ACL in a fishing year, we would reduce the ACL for the 
following fishing year by the amount of the overage. Although the 2022 
fishing year for deepwater shrimp has ended, we will evaluate 2022 
catches against the final ACL when data become available. This final 
rule supports the long-term sustainability of MHI deepwater shrimp and 
precious coral.

DATES: The final rule is effective April 6, 2023. The final ACLs and 
AMs are applicable for fishing years from January 1, 2022 through 
December 31, 2025 for deepwater shrimp and July 1, 2022 through June 
30, 2025 for precious coral.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaii 
Archipelago (FEP) 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 https://www.wpcouncil.org.
    Copies of the environmental analyses and other supporting documents 
for this action are available from https://www.regulations.gov/docket/NOAA-NMFS-2022-0113, or from Sarah Malloy, Acting Regional 
Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp 
Blvd. Bldg. 176, Honolulu, HI 96818.

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, 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 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.
------------------------------------------------------------------------


[[Page 14082]]

    This 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 the Council determine the average 
catch of the 3 most recent fishing years exceeds an ACL, NMFS will 
reduce the ACL for the subsequent fishing year through a separate 
rulemaking. These 2022-2025 ACLs are unchanged from past deepwater 
shrimp and precious coral ACLs and the subject fisheries have not 
caught their specified ACLs in any year since the ACLs were first 
implemented in 2012. There are currently three active Federal permits 
for the deepwater shrimp fishery and none for precious coral.

Comments and Response

    No comments were received on the proposed rule during the public 
comment period.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens 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. The factual basis for the certification was published in the 
proposed rule and is not repeated here. NMFS received no comments 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final 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: February 27, 2023.
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.  665.253, 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) Precious coral. In accordance with Sec.  665.4, the ACLs for 
MHI precious coral permit areas for each fishing year are as follows:

                                            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. 2023-04359 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-22-P