Rule2023-28221
Pacific Island Fisheries; 5-Year Extension of Moratorium on Harvest of Gold Corals
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 26, 2023
Effective
January 25, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule extends the region-wide moratorium on the harvest of gold corals in the U.S. Pacific Islands through June 30, 2028. NMFS intends this final rule to prevent overfishing and to stimulate research on gold corals.
Full Text
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<title>Federal Register, Volume 88 Issue 246 (Tuesday, December 26, 2023)</title>
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[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Rules and Regulations]
[Pages 88835-88836]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28221]
[[Page 88835]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 231215-0306]
RIN 0648-BM34
Pacific Island Fisheries; 5-Year Extension of Moratorium on
Harvest of Gold Corals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule extends the region-wide moratorium on the
harvest of gold corals in the U.S. Pacific Islands through June 30,
2028. NMFS intends this final rule to prevent overfishing and to
stimulate research on gold corals.
DATES: This rule is effective January 25, 2024.
ADDRESSES: Background information on Pacific Island precious coral
fisheries is found in the fishery ecosystem plans (FEPs) 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 <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>. Copies of supporting documents
for this action are available from <a href="https://www.regulations.gov/docket/NOAA-NMFS-2023-0071">https://www.regulations.gov/docket/NOAA-NMFS-2023-0071</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: Pua Borges, NMFS PIRO Sustainable
Fisheries, 808-725-5184.
SUPPLEMENTARY INFORMATION: Precious corals (also called deep-sea
corals) include black, pink, red, bamboo, and gold corals, and are
harvested for use in high quality jewelry. NMFS and the Council manage
the fishery for precious corals in the U.S. Pacific Islands under FEPs
for American Samoa, Hawaii, the Mariana Archipelago (Guam and the
Northern Mariana Islands), and the Pacific Remote Island Areas. The
U.S. fishery for gold corals in the Pacific Islands has been dormant
since 2001.
In 2008, the Council recommended, and NMFS implemented, a 5-year
moratorium on the harvest of gold corals in the Pacific Islands Region
(73 FR 47098, August 13, 2008). The measure was a precautionary
response to research that suggested that gold coral growth rates and
recruitment were much lower than previously known.
The Council considered additional research in 2012 that included
refined gold coral growth rates and the identification of previously
unknown habitat requirements. Based on that information, in 2013 the
Council recommended that NMFS extend the moratorium for 5 years, which
the agency did in May 2013 (78 FR 32181, May 29, 2013) and again in
2018 (83 FR 27716, June 14, 2018).
The current moratorium expired on June 30, 2023, but the Council
continues to be concerned about uncertainties related to slow gold
coral growth rates, taxonomy, and complex habitat requirements.
Extending the moratorium another 5 years will provide additional time
for further research and for the Council to develop sustainable
management measures for gold corals. Based on the Council's concerns,
NMFS is extending the moratorium on harvesting gold corals for 5 years,
through June 30, 2028.
Additional background information on this action is in the preamble
to the proposed rule (88 FR 65356, September 22, 2023).
Comments and Responses
On September 22, 2023, NMFS published a proposed rule and request
for public comments (88 FR 65356). The comment period ended October 23,
2023. NMFS received comments from three individuals that generally
supported the rule. One of these comments also suggested that the
moratorium be made permanent. NMFS summarizes the comments and responds
below.
Comment 1: The age and slow growth of gold corals make them
vulnerable to exploitation, so this regulation is necessary to protect
their populations, prevent overfishing and to allow time for more
research.
Response: NMFS agrees and will continue to regulate Federal
fisheries to ensure that they are sustainable, consistent with the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the FEP and implementing regulations. Extending the
moratorium another 5 years will provide additional time for further
research related to gold coral growth rates, taxonomy, and complex
habitat requirements.
Comment 2: The harvest of gold corals should be permanently banned.
Response: Among management alternatives considered by the Council
at their 194th meeting in March 2023 was an option to permanently ban
harvest of gold coral. There are currently uncertainties and knowledge
gaps in our understanding of gold coral biology, but these
uncertainties do not warrant a permanent closure of the fishery at this
time. Instead the Council recommended continuing a precautionary
approach through a 5-year extension of the moratorium on harvest
through June 30, 2028. This extension will allow the Council time to
calculate maximum sustainable yield, continue to evaluate new and
existing information to inform future management strategies, and
consider a long-term solution for the fishery.
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. 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
Administrative practice and procedure, American Samoa, Deep sea
coral, Fisheries, Fishing, Guam, Hawaii, Northern Mariana Islands,
Pacific Remote Island Areas, Precious coral.
Dated: December 18, 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.
[[Page 88836]]
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2. Revise Sec. 665.169 to read as follows:
Sec. 665.169 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2028.
0
3. Amend Sec. 665.269 by revising Note 2 to Sec. 665.269 to read as
follows:
Sec. 665.269 Annual Catch Limits (ACL).
* * * * *
Note 2 to Sec. 665.269: A moratorium on gold coral harvesting
is in effect through June 30, 2028.
0
4. Revise Sec. 665.270 to read as follows:
Sec. 665.270 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2028.
0
5. Revise Sec. 665.469 to read as follows:
Sec. 665.469 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2028.
0
6. Revise Sec. 665.669 to read as follows:
Sec. 665.669 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2028.
[FR Doc. 2023-28221 Filed 12-22-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 26, 2023.
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