Rule2024-09927
Pacific Island Fisheries; Annual Catch Limits and Accountability Measures for Main Hawaiian Islands Kona Crab for Fishing Years 2024-2026
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
May 7, 2024
Effective
June 6, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 89 (Tuesday, May 7, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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: 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
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Fishing year 2024 2025 2026
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ACL (lb)........................................................ 30,802 30,802 30,802
ACT (lb)........................................................ 25,491 25,491 25,491
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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
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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
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</html>Indexed from Federal Register on May 7, 2024.
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