[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Rules and Regulations]
[Pages 37985-37986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09927]



[[Page 37985]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 240501-0123]
RIN 0648-BM65


Pacific Island Fisheries; Annual Catch Limits and Accountability 
Measures for Main Hawaiian Islands Kona Crab for Fishing Years 2024-
2026

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

ACTION: Final rule.

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SUMMARY: This final rule implements an annual catch limit (ACL), annual 
catch target (ACT), and accountability measures (AM) for main Hawaiian 
Islands (MHI) Kona crab for fishing years 2024, 2025, and 2026. NMFS 
will close Federal waters to Kona crab fishing for the remainder of the 
fishing year if NMFS projects the fishery will reach the ACT. NMFS will 
reduce the ACT and ACL in the subsequent fishing year by the overage 
amount if landings exceed the ACL in a fishing year. NMFS intends this 
final rule to support the long-term sustainability of MHI Kona crab.

DATES: This rule is effective June 6, 2024.

ADDRESSES: Background information on main Hawaiian Island Kona crab 
fishery is found in the Fishery Ecosystem Plans for the Hawaii 
Archipelago (FEP) available from the Western Pacific Fishery Management 
Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, 
telephone 808-522-8220, fax 808-522-8226, or https://www.wpcouncil.org. 
Copies of supporting documents for this action are available from 
https://www.regulations.gov/docket/NOAA-NMFS-2023-0071, 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: Savannah Lewis, NMFS Pacific Islands 
Regional Office (PIRO) Sustainable Fisheries, 808-725-5144.

SUPPLEMENTARY INFORMATION: 
    NMFS and the Council manage the Kona crab fishery in the U.S. 
Exclusive Economic Zone (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) (50 CFR part 665). The FEP contains a 
process for the Council and NMFS to specify ACLs, ACTs, and AMs (see 50 
CFR 665.4). NMFS must specify ACLs and AMs for each stock and stock 
complex of each management unit species (MUS) in an FEP, as recommended 
by the Council, and must consider 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 
(e.g., an AM reducing the ACL for the subsequent fishing year by the 
amount of the overage). ACTs can be used as an additional management 
measure to help ensure catch does not exceed the ACL.
    NMFS is implementing for the MHI Kona crab, an ACL of 30,802 pounds 
(lb; 13,972 kilograms (kg)) and an ACT of 25,491 lb (11,563 kg). The 
fishing year begins on January 1 and ends on December 31, and catch 
from both State (generally from the shoreline to three nautical miles, 
or 5.6 kilometers (km), offshore) and Federal waters are counted 
towards catch limits.

            Table 1--Annual Catch Limits and Annual Catch Targets for Main Hawaiian Islands Kona Crab
----------------------------------------------------------------------------------------------------------------
                          Fishing year                                 2024            2025            2026
----------------------------------------------------------------------------------------------------------------
ACL (lb)........................................................          30,802          30,802          30,802
ACT (lb)........................................................          25,491          25,491          25,491
----------------------------------------------------------------------------------------------------------------

    The rule will not change the current AM for the MHI Kona crab 
fishery (50 CFR 665.253(b)). As an in-season AM, NMFS will close 
Federal waters to commercial and non-commercial fishing for Kona crab 
for the remainder of the fishing year if NMFS projects that the fishery 
will reach the ACT. If a closure occurs, NMFS will publish a document 
to that effect in the Federal Register at least 7 days in advance of 
the closure. We will also request the State of Hawaii notify Commercial 
Marine License holders of any changes in the fishery, including an in-
season closure or a post-season correction. The State of Hawaii does 
not currently require closure of state waters when the federal ACT is 
reached. Catch from state waters will continue to be attributed to the 
ACT and ACL. As a post-season AM, NMFS will reduce the ACT and ACL in 
the subsequent fishing year by the overage amount if the landings 
exceed the ACL in a fishing year. If catch exceeds the ACT, but is 
below the ACL, NMFS will not apply a post-season correction.
    This rule is consistent with recommendations made by the Council at 
its 195th meeting in June 2023, and the 2024-2026 catch limits are 
identical to those implemented in 2020 for fishing years 2020-2023.
    Additional background information on this action is in the preamble 
to the proposed rule (89 FR 7658, February 04, 2024).

Comments and Responses

    On February 04, 2024, NMFS published a proposed rule and request 
for public comments (89 FR 7658). The comment period ended March 05, 
2024. NMFS received two comments from the interested public generally 
supporting the action. One of these comments also expressed concern for 
effects on local businesses that may result if NMFS implements the AMs 
and closes the fishery early. NMFS summarizes the comments and responds 
below.
    Comment 1: I support the analysis and rationale of the proposed ACL 
and ACT.
    Response: NMFS agrees, and we will continue to manage the Kona crab 
fishery in Federal waters to perpetuate sustainable fisheries resources 
for communities in Hawaii, consistent with the Magnuson-Stevens Act, 
the FEP and implementing regulations.
    Comment 2: The effect of the proposed regulations on small island 
businesses cannot be overlooked. Cutting off the season prematurely may 
disproportionately affect the locals who rely upon the crabs for their 
livelihood. More investigation into these effects seems necessary.
    Response: With respect to potential impacts to small businesses, 
NMFS quantitatively evaluated potential economic and social effects of 
all proposed management actions and determined this action would not 
cause significant social or economic effects. During the proposed rule 
stage, the Chief Counsel for Regulation of the

[[Page 37986]]

Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that the rule will not have a 
significant economic impact on a substantial number of small business 
entities.
    NMFS and the Council monitor the fishery in collaboration with the 
State of Hawaii based on monthly catch reports. This consistent data 
stream ensures that the fishery would not be closed prematurely, and 
would be closed only if necessary to prevent overfishing. NMFS does not 
anticipate the fishery will reach the ACT or ACL based on recent 
performance. Average catch of Kona crab over the last 3 years was 3,581 
lb (1,624 kg), only 12 percent of the ACL and 14 percent of the ACT, 
and the fishery has not caught over 25,000 lb (11,340 kg) since 1998. 
Further, the Kona crab fishery has been managed under the same ACL, ACT 
and AM since 2020, and catch has not reached the ACT since in any year 
since 2020. Based on this information, we do not anticipate that we 
will need to apply the in-season AM to close the fishery in Federal 
waters. Should catch in the fishery reach the ACT and NMFS implement 
the AM to close the fishery in Federal waters, fishers could continue 
to operate in State waters, minimizing the potential socio-economic 
effects of the closure. Nevertheless, closing the fishery in Federal 
waters would provide enhanced protection of Kona crab stock in Federal 
waters to prevent overfishing of the stock and perpetuate the Kona crab 
fishery for communities in Hawaii. Therefore, NMFS does not anticipate 
the rule will result in significant environmental, social, or economic 
impacts.

Changes From the Proposed Rule

    This 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. No comments were received 
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, Fisheries, Fishing, 
Hawaii, Kona crab, Pacific Islands.

    Dated: May 1, 2024.
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 (b)(1) to read as follows:


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

* * * * *
    (b) * * * (1) In accordance with Sec.  665.4, the ACLs and ACTs for 
each fishing year are as follows:

                                           Table 1 to Paragraph (b)(1)
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                          Fishing year                                 2024            2025            2026
----------------------------------------------------------------------------------------------------------------
ACL (lb)........................................................          30,802          30,802          30,802
ACT (lb)........................................................          25,491          25,491          25,491
----------------------------------------------------------------------------------------------------------------

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[FR Doc. 2024-09927 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-22-P