Rule2023-04359
Pacific Island Fisheries; 2022-2025 Annual Catch Limits and Accountability Measures for Main Hawaiian Islands Deepwater Shrimp and Precious Coral Fisheries
Primary source
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Published
March 7, 2023
Effective
April 6, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
Copies of the environmental analyses and other supporting documents
for this action are available from <a href="https://www.regulations.gov/docket/NOAA-NMFS-2022-0113">https://www.regulations.gov/docket/NOAA-NMFS-2022-0113</a>, 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.
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[[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)
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Fishing year 2022 2023 2024 2025
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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)
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2022-23 ACL 2023-24 ACL 2024-25 ACL
Type of coral bed Area and coral group (lb) (lb) (lb)
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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
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</html>Indexed from Federal Register on March 7, 2023.
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