Proposed Rule2024-02238
Pacific Island Fisheries; Annual Catch Limits and Accountability Measures for Main Hawaiian Islands Kona Crab for Fishing Years 2024-2026
Primary source
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Published
February 5, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement an annual catch limit (ACL) and an annual catch target (ACT) for main Hawaiian Islands (MHI) Kona crab for fishing years 2024, 2025, and 2026. This proposed action would not revise, add, or remove current accountability measures (AMs) in the regulations. 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 the subsequent fishing year by the overage if landings exceed the ACL. This proposed rule supports the long-term sustainability of MHI Kona crab.
Full Text
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<title>Federal Register, Volume 89 Issue 24 (Monday, February 5, 2024)</title>
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[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Proposed Rules]
[Pages 7658-7660]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02238]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 240130-0028]
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: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement an annual catch limit (ACL) and an
annual catch target (ACT) for main Hawaiian Islands (MHI) Kona crab for
fishing years 2024, 2025, and 2026. This proposed action would not
revise, add, or remove current accountability measures (AMs) in the
regulations. 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 the subsequent fishing
year by the overage if landings exceed the ACL. This proposed rule
supports the long-term sustainability of MHI Kona crab.
DATES: NMFS must receive comments by March 6, 2024.
ADDRESSES: You may submit comments on the proposed rule, identified by
NOAA-NMFS-2024-0017, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2024-0017, in the Search box
(note: copying and pasting the FDMS Docket Number directly from this
document may not yield search results). Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
<bullet> 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 individual, or received after the end of the comment period
will not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
Pursuant to the National Environmental Policy Act, the Western
Pacific Fishery Management Council (Council) and NMFS prepared a 2021
environmental assessment (EA) and draft 2023 supplemental information
report (SIR) that support this proposed action. The EA and SIR are
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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.
This proposed rule would establish for the MHI Kona crab an ACL of
30,802 lb (13,972 kg) and an ACT of 25,491 lb (11,563 kg) (see table
1).
[[Page 7659]]
Table 1--Proposed 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 fishing year begins on January 1 and ends on December 31, and
catch from both State and Federal waters are counted towards catch
limits. The proposed rule would not change the current AMs, or enact
any additional AMs, 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 have complementary
management measures and will therefore not close if Federal waters
close and catch will be continue to be attributed to the overall 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, a post-season correction would not be applied.
This proposed rule is consistent with recommendations made by the
Council at its 195th meeting in June 2023, and the proposed 2024-2026
catch limits are identical to those implemented in 2020 for fishing
years 2020-2023. The ACL is associated with a 38 percent risk of
overfishing and the ACT is associated with a 20 percent risk of
overfishing. According to the 2019 stock assessment, the Kona crab
fishery is neither overfished nor experiencing overfishing.
Furthermore, the fishery did not exceed the ACL of 30,802 lb (13,972
kg) during fishing years 2020-2023. From 2020 through 2023, an average
of 16 commercial marine license holders made 41 trips and landed an
average catch of 3,581 lb (1,624 kg) of MHI Kona crab (12 percent of
the ACL; 14 percent of the ACT).
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 and will not
consider late comments.
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.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
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.
The proposed rule would implement an ACL of 30,802 lb (13,972 kg)
and an ACT of 25,491 lb (11,563 kg). The proposed ACL and ACT are the
same as those implemented during fishing years 2020-2023. This proposed
action would not revise, add, or remove current (AMs) in the
regulations. The AMs include both an in-season closure in the Kona crab
fishery if catch is projected to reach the ACT and a post-season
adjustment if catch exceeds the ACL.
This rule would apply to participants in the commercial and non-
commercial fisheries for MHI Kona crab. Kona crab catch averaged 3,887
lb (1,763 kg) from 2018-2022, with an estimated ex-vessel value of
$38,013, if all catch were sold, based on the 2022 average price of
$9.78 per lb ($21.52 per kg). Between 2018 and 2022, the percent sold
ranged from 43 to 64 percent. The amount of Kona crab caught each year
has generally declined since 2011, when 49 fishermen reported landing
10,979 lb (4,979 kg), although Kona crab catch from 2019 to 2021
generally exceeded catch levels from 2013 to 2018. The 2022 catch was
in line with the 2013-2018 catch levels. During the 2021 fishing year,
18 fishermen reported landing 3,945 lb (1,789 kg). In 2022, 19
fishermen reported landing 2,533 lb (1,149 kg).
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 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 its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide. Based on
available information, NMFS has determined that all vessels engaging in
the commercial and non-commercial fisheries for Kona crab (North
American Industry Classification System (NAICS) Code: 11411) are small
entities. That is, they are engaged in the business of fish harvesting,
are independently owned or operated, are not dominant in their field of
operation, and have annual gross receipts not in excess of $11 million.
Because all of the participants are small entities, there would be no
disproportionate economic impacts between large and small entities.
Even though this proposed action would apply to a substantial
number of vessels, this action should not result in significant adverse
economic impact to individual vessels. The proposed ACL and ACT are the
same as those implemented during fishing years 2020-2023. The proposed
ACL is not expected to result in an expansion of the fishery by new
fishermen looking to take advantage of the higher quota compared to
previous years. Given the offshore fishing grounds for Kona crab, it
would take a significant financial investment to become active in the
fishery if fisherman did not already own a vessel and the required,
specialized gear. The proposed action, if implemented, is not expected
to constrain the fishery, given that the proposed ACL and ACT are both
more than double the highest catch recorded over the past 12 years
(10,979 lb (4,979 kg) in 2011). Furthermore, the fishery would still be
subject to the State of Hawaii's regulations. This continued
management, in combination with a low number of commercial marine
license holders, is not expected to result in a surge of new fishery
entrants.
The proposed action does not duplicate, overlap, or conflict with
other Federal rules and is not expected to have significant impact on
small entities, organizations, or governmental jurisdictions. The
proposed action also will not place a substantial number of small
entities, or any segment of small entities, at a significant
competitive disadvantage to large entities. For the reasons above, NMFS
does not expect the proposed action to have a significant economic
impact on a substantial number of small entities. As such, an
[[Page 7660]]
initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 665
Accountability measures, Annual catch limits, Fisheries, Fishing,
Hawaii, Kona crab, Pacific Islands.
Dated: January 30, 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 for each fishing year
are as follows:
Table 1 to Paragraph (b)(1)
------------------------------------------------------------------------
Fishing year 2024 2025 2026
------------------------------------------------------------------------
ACL (lb)..................................... 30,802 30,802 30,802
ACT (lb)..................................... 25,491 25,491 25,491
------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-02238 Filed 2-2-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 5, 2024.
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