Western Pacific Fisheries; 2012 Annual Catch Limits and Accountability Measures, 66-72 [2011-33691]
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66
Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Proposed Rules
catch shall not change, but the amount
of allocation based on the percentage
share will change based on the ACL
specified in § 648.53(a).
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(iii) A sector shall not be allocated
more than 20 percent of the ACL for IFQ
vessels specified in § 648.53(a)(4)(i) or
(ii).
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14. In § 648.64, paragraphs (b)(2)(i),
(b)(2)(ii), (c)(2), and (e) are revised, and
paragraph (f) is removed and reserved to
read as follows:
§ 648.64 Yellowtail flounder sub-ACLs and
AMs for the scallop fishery.
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(b) * * *
(2) * * *
(i) For years when the Closed Area II
Sea Scallop Access Area is open, the
closure duration shall be:
Percent overage of YTF
sub-ACL
3 or less .......
3.1–14 ..........
14.1–16 ........
16.1–39 ........
39.1–56 ........
Greater than
56.
Length of closure
October through November.
September through November.
September through January.
August through January.
July through January.
March through February.
(ii) For fishing years when the Closed
Area II Sea Scallop Access Area is
closed to scallop fishing, the closure
duration shall be:
Percent overage of YTF
sub-ACL
1.9 or less ....
2.0–2.9 .........
3.0–3.9 .........
4.0–4.9 .........
5.0–5.9 .........
6.0 or greater
Length of closure
September through November.
August through January.
March and August through
February.
March and July through February.
March through May and July
through February.
March through February.
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(c) * * *
(2) Duration of closure. The Southern
New England/Mid-Atlantic yellowtail
flounder accountability measure closed
area shall remain closed for the period
of time, not to exceed 1 fishing year, as
specified for the corresponding percent
overage of the Southern New England/
Mid-Atlantic yellowtail flounder subACL, as follows:
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Percent overage of YTF
sub-ACL
2 or less .......
2.1–3 ............
3.1–7 ............
7.1–9 ............
9.1–12 ..........
12.1–15 ........
15.1–16 ........
16.1–18 ........
18.1–19 ........
19.1 or more
Length of closure
March through April.
March through April, and February.
March through May, and February.
March through May and January through February.
March through May and December through February.
March through June and December through February.
March through June and November through February.
March through July and November through February.
March through August and
October through February.
March through February.
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(e) Process for implementing the AM.
On or about January 15 of each year,
based upon catch and other information
available to NMFS, the Regional
Administrator shall determine whether
a yellowtail flounder sub-ACL was
exceeded, or is projected to be
exceeded, by scallop vessels prior to the
end of the scallop fishing year ending
on February 28/29. The determination
shall include the amount of the overage
or projected amount of the overage,
specified as a percentage of the overall
sub-ACL for the applicable yellowtail
flounder stock, in accordance with the
values specified in paragraph (a) of this
section. Based on this initial projection
in mid-January, the Regional
Administrator shall implement the AM
in accordance with the APA and notify
owners of limited access scallop vessels
by letter identifying the length of the
closure and a summary of the yellowtail
flounder catch, overage, and projection
that resulted in the closure. The initial
projected estimate shall be updated after
the end of each scallop fishing year once
complete fishing year information
becomes available. An AM implemented
at the start of the fishing year will be
reevaluated and adjusted
proportionately, if necessary, once
updated information is obtained. For
example, if in January 2013, the
preliminary estimate of 2012 Southern
New England/Mid-Atlantic yellowtail
flounder catch is estimated to be 5
percent over the 2012 sub-ACL, the
Regional Administrator shall implement
AMs for the 2013 scallop fishing year in
that stock area. Based on the schedule
in paragraph (c)(2) of this section,
limited access vessels would be
prohibited from fishing in the area
specified in paragraph (c)(1) of this
section for 4 months (i.e., March
through May 2013, and February 2014).
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After the 2012 fishing year is completed,
if the final estimate of Southern New
England/Mid-Atlantic yellowtail
flounder catch indicates the scallop
fishery caught 1.5 percent of the subACL, rather than 5 percent, the Regional
Administrator, in accordance with the
APA, would adjust the AM for the 2014
fishing year based on the overage
schedule in paragraph (c)(2) of this
section. As a result, limited access
vessels would be subject to a 2-month
seasonal closure in March and April
2013. In this example, due to the
availability of final fishing year data, it
is possible that the original AM closure
was already in effect during the month
of May. However, the unnecessary AM
closure in February 2014 would be
avoided. If the Regional Administrator
determines that a final estimate is
higher than the original projection, the
Regional Administrator, if necessary,
shall make adjustments to the current
fishing year’s respective AM closure
schedules in accordance with the
overage schedule in paragraphs (b)(2)(i),
(b)(2)(ii), and (c)(2) of this section.
[FR Doc. 2011–33182 Filed 12–30–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 110826540–1774–01]
RIN 0648–XA674
Western Pacific Fisheries; 2012 Annual
Catch Limits and Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Proposed specifications; request
for comments.
AGENCY:
NMFS proposes annual catch
limits for western Pacific bottomfish,
crustacean, precious coral, and coral
reef ecosystem fisheries, and
accountability measures to correct or
mitigate any overages of catch limits.
The proposed catch limits and
accountability measures support the
long-term sustainability of fishery
resources of the U.S. Pacific Islands.
DATES: Comments must be received by
January 18, 2012.
ADDRESSES: Comments on this proposed
specification, identified by NOAA–
NMFS–2011–0269, may be sent to either
of the following addresses:
SUMMARY:
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• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov; or
• Mail: Mail written comments to
Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands
Region (PIR), 1601 Kapiolani Blvd.,
Suite 1110, Honolulu, HI 96814–4700.
Instructions: Comments must be
submitted to one of the two addresses to
ensure that the comments are received,
documented, and considered by NMFS.
Comments sent to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
Three environmental assessments
(EA) were prepared that describe the
impact on the human environment that
would result from this proposed action.
Based on the EAs, NMFS prepared a
finding of no significant impact (FONSI)
for the proposed action. Copies of the
EAs and FONSI are available from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIR Sustainable
Fisheries, (808) 944–2108.
SUPPLEMENTARY INFORMATION: Fisheries
in the U.S. Exclusive Economic Zone
(EEZ, or Federal waters) around the U.S.
Pacific Islands are managed under four
archipelagic-based fishery ecosystem
plans (FEP), including the American
Samoa FEP, the Hawaii FEP, the Pacific
Remote Islands FEP, and the Mariana
FEP (covering Guam and the
Commonwealth of the Northern Mariana
Islands (CNMI)), and one FEP for
pelagic fisheries. The FEPs were
developed by the Western Pacific
Fishery Management Council (Council)
and implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). Each FEP
contains a process for the Council and
NMFS to specify annual catch limits
(ACLs) and accountability measures
(AMs); that process is codified at 50
CFR 665.4 (76 FR 37285, June 27, 2011).
The regulations require NMFS to
specify, every fishing year, an ACL for
each stock and stock complex of
management unit species (MUS)
included in an FEP, as recommended by
the Council and in consideration of the
best available scientific, commercial,
and other information about the fishery.
If an ACL is exceeded, the regulations
require the Council to take action to
reduce the ACL for the subsequent
fishing year by the amount of the
overage, or take other actions, as
appropriate.
Specification of Annual Catch Limits
NMFS proposes to specify ACLs for
bottomfish, crustacean, precious coral,
and coral reef ecosystem fishery MUS in
American Samoa, Guam, the CNMI, and
Hawaii. NMFS based the proposed
specifications on recommendations
from the Council at its 152nd meeting
held on October 17–19, 2011. A total of
101 ACLs are proposed: 22 in American
Samoa, 27 in Guam, 22 in the CNMI,
and 30 in Hawaii. The ACLs would be
specified for the 2012 fishing year
which begins on January 1 and ends on
December 31, except for precious coral
fisheries which begin on July 1 and end
on June 30 the following year.
NMFS is not proposing ACLs at this
time for bottomfish, crustacean,
precious coral, or coral reef ecosystem
MUS in the PRIA because commercial
fishing is prohibited out to 50 nautical
miles by Presidential Proclamation 8336
which established the Pacific Remote
Island Marine National Monument (74
FR 1565, January 12, 2009), and there is
no habitat to support such fisheries in
the EEZ beyond the monument
boundaries. The Council is separately
working on a draft amendment to the
relevant FEP containing fishery
management measures for the Pacific
Remote Islands Marine National
Monument (as well as the Rose Atoll
and Marianas Trench Marine National
Monuments). Additionally, ACLs are
not proposed for MUS that are currently
subject to Federal fishing moratoria or
prohibitions. They include all species of
gold coral (73 FR 47098, August 13,
2008), all species of deepwater precious
corals at the Westpac Bed Refugia (75
FR 2198, January 14, 2010), and the
three Hawaii seamount groundfish:
pelagic armorhead, alfonsin, and raftfish
(75 FR 69015, November 10, 2010). The
current prohibitions on fishing for these
MUS serve as a functional equivalent of
an ACL of zero.
NMFS is also not proposing ACLs for
pelagic MUS at this time because it
previously determined that pelagic
species are subject to international
fishery agreements or have a life cycle
of approximately one year and,
therefore, have statutory exceptions to
the ACL requirements.
NMFS and the Council developed the
proposed ACLs in accordance with the
FEPs and Federal regulations. At its
152nd meeting, the Council
recommended specifying the 2012 ACL
for each FEP MUS as being equal to the
acceptable biological catch (ABC) as
recommended by the Council’s
Scientific and Statistical Committee
(SSC) at the 108th SSC meeting held
October 17–19, 2011, except for
precious corals in Hawaii where the
Council recommended maintaining the
current harvest quotas (which are lower
than the ABCs) as the ACLs. The
Council did not recommend increasing
catch limits to equal the SSC’s ABCs on
the basis that there has been no activity
in the precious coral fishery for over a
decade and industry lacks the capacity
to exploit an increased quota. The data,
methods, and procedures considered by
the SSC and the Council in developing
their respective fishing level
recommendations are described in
detail in the three environmental
assessments that support this action (see
ADDRESSES).
Proposed Annual Catch Limit
Specifications
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TABLE 1—AMERICAN SAMOA
Fishery
Management unit species
Bottomfish .......................................
Crustacean ......................................
Bottomfish multi-species stock complex ................................................
Deepwater Shrimp .................................................................................
Spiny Lobster .........................................................................................
Slipper Lobster .......................................................................................
Kona Crab ..............................................................................................
Black Coral ............................................................................................
Precious Corals in the American Samoa Exploratory Area ..................
Precious Coral .................................
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Proposed ACL specification
99,200 lb (44,996 kg).
80,000 lb (36,287 kg).
2,300 lb (1,043 kg).
30 lb (14 kg).
3,200 lb (1,451 kg).
790 kg (1,742 lb).
1,000 kg (2,205 lb).
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TABLE 1—AMERICAN SAMOA—Continued
Fishery
Management unit species
Proposed ACL specification
Coral Reef Ecosystem ....................
Acanthuridae—surgeonfish ....................................................................
Lutjanidae—snappers ............................................................................
Selar crumenophthalmus—atule or bigeye scad ..................................
Mollusks—turbo snail; octopus; giant clams .........................................
Carangidae—jacks .................................................................................
Lethrinidae—emperors ..........................................................................
Scaridae—parrotfish ..............................................................................
Serranidae—groupers ............................................................................
Holocentridae—squirrelfish ....................................................................
Mugilidae—mullets .................................................................................
Crustaceans—crabs ..............................................................................
Bolbometopon muricatum—bumphead parrotfish .................................
Cheilinus undulatus—Humphead (Napoleon) wrasse ...........................
Carcharhinidae—Reef Sharks ...............................................................
All Other CREMUS combined ...............................................................
19,516 lb (8,852 kg).
18,839 lb (8,545 kg).
8,396 lb (3,808 kg).
16,694 lb (7,572 kg).
9,490 lb (4,305 kg).
7,350 lb (3,334 kg).
8,145 lb (3,695 kg).
5,600 lb (2,540 kg).
2,585 lb (1,173 kg).
2,857 lb (1,296 kg).
2,248 lb (1,020 kg).
235 lb (107 kg).
1,743 lb (791 kg).
1,309 lb (594 kg).
18,910 lb (8,577 kg).
TABLE 2—MARIANA ARCHIPELAGO—GUAM
Fishery
Management unit species
Proposed ACL specification
Bottomfish .......................................
Crustaceans ....................................
Bottomfish multi-species stock complex ................................................
Deepwater Shrimp .................................................................................
Spiny Lobster .........................................................................................
Slipper Lobster .......................................................................................
Kona Crab ..............................................................................................
Black Coral ............................................................................................
Precious Corals in the Guam Exploratory Area ....................................
Acanthuridae—surgeonfish ....................................................................
Carangidae—jacks .................................................................................
Selar crumenophthalmus—atulai or bigeye scad ..................................
Lethrinidae—emperors ..........................................................................
Scaridae—parrotfish ..............................................................................
Mullidae—goatfish .................................................................................
Mollusks—turbo snail; octopus; giant clams .........................................
Siganidae—rabbitfish .............................................................................
Lutjanidae—snappers ............................................................................
Serranidae—groupers ............................................................................
Mugilidae—mullets .................................................................................
Kyphosidae—chubs/rudderfish ..............................................................
Crustaceans—crabs ..............................................................................
Holocentridae—squirrelfish ....................................................................
Algae ......................................................................................................
Labridae—wrasses ................................................................................
Bolbometopon muricatum—bumphead parrotfish .................................
48,200 lb (21,863 kg).
48,488 lb (21,994 kg).
2,700 lb (1,225 kg).
20 lb (9 kg).
1,900 lb (862 kg).
700 kg (1,543 lb).
1,000 kg (2,205 lb).
70,702 lb (32,070 kg).
45,377 lb (20,583 kg).
56,514 lb (25,634 kg).
38,720 lb (17,563 kg).
28,649 lb (12,995 kg).
25,367 lb (11,506 kg).
21,941 lb (9,952 kg).
26,120 lb (11,848 kg).
17,726 lb (8,040 kg).
17,958 lb (8,146 kg).
15,032 lb (6,818 kg).
13,247 lb (6,009 kg).
5,523 lb (2,505 kg).
8,300 lb (3,765 kg).
5,329 lb (2,417 kg).
5,195 lb (2,356 kg).
797 lb (362 kg) (CNMI and Guam
combined).
1,960 lb (889 kg).
6,942 lb (3,149 kg).
83,214 lb (37,745 kg).
Precious Coral .................................
Coral Reef Ecosystem ....................
Cheilinus undulatus—Humphead (Napoleon) wrasse ...........................
Carcharhinidae—Reef Sharks ...............................................................
All Other CREMUS combined ...............................................................
TABLE 3—MARIANA ARCHIPELAGO—CNMI
Fishery
Management unit species
Bottomfish .......................................
Crustacean ......................................
Bottomfish multi-species stock complex ................................................
Deepwater Shrimp .................................................................................
Spiny Lobster .........................................................................................
Slipper Lobster .......................................................................................
Kona Crab ..............................................................................................
Black Coral ............................................................................................
Precious Corals in the CNMI Exploratory Area .....................................
Lethrinidae—emperors ..........................................................................
Carangidae—jacks .................................................................................
Acanthuridae—surgeonfish ....................................................................
Selar crumenophthalmus—atulai or bigeye scad ..................................
Serranidae—groupers ............................................................................
Lutjanidae—snappers ............................................................................
Mullidae—goatfish .................................................................................
Scaridae—parrotfish ..............................................................................
Mollusks—turbo snail; octopus; giant clams .........................................
Mugilidae—mullets .................................................................................
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Precious Coral .................................
Coral Reef Ecosystem ....................
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Proposed ACL specification
182,500 lb (82,781 kg).
275,570 lb (124,996 kg).
5,500 lb (2,495 kg).
60 lb (27 kg).
6,300 lb (2,858 kg).
2,100 kg (4,630 lb).
1,000 kg (2,205 lb).
27,466 lb (12,458 kg).
21,512 lb (9,758 kg).
6,884 lb (3,123 kg).
7,459 lb (3,383 kg).
5,519 lb (2,503 kg).
3,905 lb (1,771 kg).
3,670 lb (1,665 kg).
3,784 lb (1,716 kg).
4,446 lb (2,017 kg).
3,308 lb (1,500 kg).
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TABLE 3—MARIANA ARCHIPELAGO—CNMI—Continued
Fishery
Management unit species
Proposed ACL specification
Siganidae—rabbitfish .............................................................................
Bolbometopon muricatum—bumphead parrotfish .................................
2,537 lb (1,151 kg).
797 lb (362 kg) (CNMI and Guam
combined).
2,009 lb (911 kg).
5,600 lb (2,540 kg).
9,820 lb (4,454 kg).
Cheilinus undulatus—Humphead (Napoleon) wrasse ...........................
Carcharhinidae—Reef Sharks ...............................................................
All Other CREMUS combined ...............................................................
TABLE 4—HAWAII
Fishery
Management unit species
Bottomfish .......................................
Crustacean ......................................
Non-Deep 7 Bottomfish .........................................................................
Deepwater Shrimp .................................................................................
Spiny Lobster .........................................................................................
Slipper Lobster .......................................................................................
Kona Crab ..............................................................................................
Auau Channel Black Coral ....................................................................
Pink/Bamboo Coral; Makapuu Bed .......................................................
Pink/Bamboo Coral; 180 Fathom Bank .................................................
Pink/Bamboo Coral; Brooks Bank .........................................................
Pink/Bamboo Coral; Kaena Point Bed ..................................................
Pink/Bamboo Coral; Keahole Bed .........................................................
Precious Corals in the Hawaii Exploratory Area ...................................
Selar crumenophthalmus—akule or bigeye scad ..................................
Decapterus macarellus—opelu or mackerel scad .................................
Carangidae—jacks .................................................................................
Mullidae—goatfish .................................................................................
Acanthuridae—surgeonfish ....................................................................
Lutjanidae—snappers ............................................................................
Holocentridae—squirrelfish ....................................................................
Mugilidae—mullets .................................................................................
Mollusks—turbo snails; octopus; giant clams .......................................
Scaridae—parrotfish ..............................................................................
Crustaceans—crabs ..............................................................................
Carcharhinidae—Reef Sharks ...............................................................
All Other CREMUS combined ...............................................................
Precious Coral .................................
Coral Reef Ecosystem ....................
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Technical Corrections to Proposed ACL
Specifications
NMFS identified several technical
errors in the calculation of ABC for
some MUS after the Council made their
recommendations. Because the ABCs
were derived from control rules and
formulas contained in the FEPs, NMFS
corrected the technical errors in this
proposed specification by recalculating
the ABCs based on the corrected
information. NMFS has provided the
corrected proposed ACL specifications
to the Council’s Executive Director and
Chairperson for their review and
concurrence that the corrected proposed
ACL specifications are consistent with
the Council’s recommendation to
establish ACLs for precious corals in
Hawaii that are equal to current harvest
quotas, and to establish ACL equal to
ABC for all other fisheries. The resulting
corrected ACL specifications are
proposed here. Descriptions of the
affected MUS, technical errors, and
corrected ABC and ACL values are
provided in the EAs, and summarized as
follows:
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Proposed ACL specification
135,000 lb (61,235 kg).
250,773 lb (113,749 kg).
10,000 lb (4,536 kg).
280 lb (127 kg).
27,600 lb (12,519 kg).
2,500 kg (5,512 lb).
1,000/250 kg (2,205/551 lb).
222/56 kg (489/123 lb).
444/111 kg (979/245 lb).
67/17 kg (148/37 lb).
67/17 kg (148/37 lb).
1,000 kg (2,205 lb).
651,292 lb (295,421 kg).
393,563 lb (178,517 kg).
193,423 lb (87,735 kg).
125,813 lb (57,068 kg).
80,545 lb (36,535 kg).
65,102 lb (29,530 kg).
44,122 lb (20,013 kg).
41,112 lb (18,648 kg).
28,765 lb (13,048 kg).
33,326 lb (15,116 kg).
20,686 lb (9,383 kg).
111,566 lb (50,605 kg).
142,282 lb (64,538 kg).
Hawaii Deepwater Shrimp
CNMI Deepwater Shrimp
The pre-corrected recommended ACL
for Hawaii deepwater shrimp was equal
to the ABC of 544,000 lb, which was
based on the application of the Tier 4
control rule: ABC = 0.91 × (maximum
sustainable yield (MSY)). The most
current estimate of MSY for the
deepwater shrimp in Hawaii is 125 mt/
yr or 275,575 lb/yr (Tagami and Ralston
1988); however, in calculating ABC, the
value for exploitable biomass (271.4 mt/
yr or 598,328 lb) as estimated by Ralston
and Tagami, (1992) was used instead of
MSY. The resulting ACL
recommendation of 544,000 exceeded
the estimated MSY by more than
268,000 lb. NMFS corrected the ABC by
applying the correct MSY value of 125
mt/yr or 275,575 lb/yr into the Tier 4
control rule, resulting in a corrected
ABC of 250,773 lb. Consistent with the
Council recommendation that ACL be
set equal to ABC, NMFS proposes an
ACL of 250,773 lb for Hawaii deepwater
shrimp in 2012.
The pre-corrected recommended ACL
for CNMI deepwater shrimp was equal
to the ABC of 268,000 lb, which was
based on the application of the Tier 4
control rule: ABC = 0.91 × MSY. The
most current estimate of MSY for the
deepwater shrimp in CNMI is 137.4 mt/
yr or 302,830 lb/yr (Moffitt and Polovina
1987); however, in calculating ABC, the
incorrect value for MSY was used (133.8
mt/yr or 294,975 lb/yr), resulting in an
ABC of 268,000 lb. NMFS corrected the
ABC by applying the correct MSY value
of 137.4 mt/yr or 302,830 lb/yr in the
Tier 4 control rule, resulting in a
corrected ABC of 275,575 lb. Consistent
with the Council recommendation that
ACL be set equal to ABC, NMFS
proposes an ACL of 275,575 lb for CNMI
deepwater shrimp in 2012.
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Guam Deepwater Shrimp
The pre-corrected recommended ACL
for Guam deepwater shrimp was equal
to the ABC of 56,000 lb which was
based on the application of the Tier 4
control rule: ABC = 0.91 × MSY. The
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most current estimate of MSY for the
deepwater shrimp in Guam is 24.1 mt/
yr or 53,116 lb/yr (Moffitt and Polovina
1987); however, in calculating ABC, the
incorrect value for MSY was used (27.7
mt/yr or 61,067 lb/yr), resulting in an
ABC of 56,000 lb. The resulting ACL of
56,000 lb exceeded the MSY estimated
by Moffitt and Polovina (1987) by over
2,800 lb. NMFS corrected the ABC by
applying the correct MSY value of 24.1
mt/yr into the Tier 4 control rule,
resulting in a corrected ABC of 22 mt/
yr or 48,488 lb/yr. Consistent with the
Council recommendation that ACL be
set equal to ABC, NMFS proposes to
specify an ACL of 48,488 lb for Guam
deepwater shrimp in 2012.
Hawaii Pink and Bamboo Corals
The recommended ACLs for Hawaii
deepwater pink and bamboo corals at all
established and conditional beds were
set equal to the current harvest quotas
as specified in 50 CFR 665 (75 FR 2198,
January 14, 2010), except at the
Makapuu Established Bed. At this bed,
the current harvest quotas for pink and
bamboo corals are 2,000 kg and 500 kg,
respectively, and may be taken over a
two year timeframe. However, since
ACLs must be specified annually, the
recommended ACLs were set at one half
of the current harvest quota, or 1,000 kg/
yr and 250 kg/yr, respectively, and
shown in Table 5.
TABLE 5—COUNCIL RECOMMENDED ACLS FOR HAWAII PINK AND BAMBOO CORALS
Pink coral ACL
(kg)
Bed
Makapuu Established Bed ...........................................................................................................................
180 Fathom Bank Conditional Bed .............................................................................................................
Brooks Bank Conditional Bed ......................................................................................................................
Kaena Point Conditional Bed ......................................................................................................................
Keahole Point Conditional Bed ....................................................................................................................
However, the Council’s recommended
ACL of 17 kg for bamboo corals at the
Kaena Point and Keahole Point
Conditional beds exceed the ABC of 16
kg as calculated by the SSC at its 108th
meeting as shown in Table 6. In
1,000
222
444
67
67
Bamboo coral
ACL
(kg)
250
56
111
17
17
accordance with the Magnuson-Stevens
Act and National Standard 1, the ACL
may not exceed the ABC.
TABLE 6—SSC RECOMMENDED ABCS FOR HAWAII PINK AND BAMBOO CORALS
Pink coral ABC
(0.91*MSY)
(kg)
Bed
Makapuu Established Bed ...........................................................................................................................
180 Fathom Bank Conditional Bed .............................................................................................................
Brooks Bank Conditional Bed ......................................................................................................................
Kaena Point Conditional Bed ......................................................................................................................
Keahole Point Conditional Bed ....................................................................................................................
1,400
1,400
1,400
85
85
Bamboo coral
ABC
(0.91*MSY)
(kg)
260
260
260
16
16
coral at the Makapuu Established bed,
the SSC relied on the MSY estimate of
285 as provided in the Hawaii FEP.
Based on these MSY estimates the SSC
calculated ABC for pink coral and
bamboo coral at the Makapuu bed as
1,400 kg/yr and 260 kg/yr, respectively.
There are no MSY estimates for pink
or bamboo coral at any conditional beds.
Therefore, to calculate an MSY proxy
for pink coral and bamboo coral for
these beds, the SSC applied the formula
provided in the Hawaii FEP which was
used to set the existing harvest quotas.
Specifically, the Hawaii FEP explains
that the harvest quotas for pink and
bamboo corals at any conditional bed is
extrapolated, based on bed size, by
comparison with that of the Makapuu
Established Bed using the following
formula:
Framework Amendment 1 to the
Precious Corals FMP (WPFMC 2001)
defines the bed area for all established
and conditional beds in Hawaii and
defines the Makapuu Established Bed as
3.60 km2, and both the Keahole Point
and Kaena Point Conditional Beds as
0.24 km2. However, in calculating the
MSY proxies for pink and bamboo
corals at Keahole Point and Kaena Point
Conditional Beds, incorrect values for
the Makapuu Established Bed area
(12.57 nm2) and both the Keahole and
Kaena Point Conditional Bed area (0.79
nm2) were used in the formula above
resulting in a bamboo coral MSY proxy
of 18 kg/yr for the two latter beds.
Applying the Tier 4 control rule (ABC
= 0.91 × MSY) resulted in an ABC of 16
kg for both Keahole Point and Kaena
Point Conditional Beds.
NMFS corrected the ABCs by
applying the correct bed area for
Makapuu (3.60 km2) and for both
Keahole Point and Kaena Point (0.24
km2) into the formula above, resulting
in a corrected bamboo coral MSY proxy
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The ABCs were based on the
application of the Tier 4 control rule:
ABC = 0.91 × MSY. In calculating ABC
for pink coral at the Makapuu
Established Bed, the SSC applied a
revised estimate of MSY for pink coral
reported in Grigg (2002). Specifically,
Grigg (2002) estimated an MSY for pink
coral at the Makapuu bed of 1,500 kg/
year. In calculating ABC for bamboo
Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Proposed Rules
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of 19 kg for the two latter beds. Next,
NMFS applied the Tier 4 control rule
(ABC = 0.91 × MSY), resulting in a
corrected ABC of 17 kg. These technical
corrections are consistent with the
intent of the SSC and Council and
represent the best available scientific
information regarding Hawaii precious
corals. Additionally, the technical
corrections allow for the Council’s
recommended ACL of 17 kg for bamboo
corals at the Kaena Point and Keahole
Point Conditional Beds to be acceptable
ACLs as they no longer exceed ABC.
Proposed Accountability Measures
Each fishing year, NMFS and local
resource management agencies in
American Samoa, Guam, the CNMI, and
Hawaii will collect information about
MUS catches and apply them toward
the appropriate ACLs. Pursuant to 50
CFR 665.4, when the ACL for a stock or
stock complex is projected to be
reached, based on available information,
NMFS must notify permit holders that
fishing for that stock or stock complex
will be restricted in Federal waters on
a specified date. The restriction serves
as the AM to prevent an ACL from being
exceeded and may include, but is not
limited to closure of the fishery, closure
of specific areas, changes to bag limits,
or restrictions in effort. However, local
resource management agencies
presently do not have the personnel or
resources to process catch data in nearreal time, so fisheries statistics are
generally not available to NMFS until at
least six months after the data has been
collected. While the State of Hawaii has
the capability to monitor and track the
catch of seven preferentially-targeted
bottomfish species in near-real time in
comparison with previously specified
ACLs (76 FR 54715, September 2, 2011),
additional resources would be required
to extend these capabilities to other
bottomfish, crustacean, precious coral,
and coral reef ecosystem MUS.
Significant resources would also be
required to support the establishment of
in-season monitoring and tracking
capabilities in American Samoa, Guam
and the CNMI. Additionally, reliance on
Federal logbook and reporting from
Federal waters will not be sufficient in
accurately monitoring and tracking
catches towards the proposed ACL
specifications as the majority of fishing
for bottomfish, crustacean, precious
coral, and coral reef ecosystem fishery
MUS occurs primarily in non-Federal
waters generally 0–3 nautical miles from
shore. For these reasons, NMFS
proposes to implement the Council’s
recommended AM, which requires the
Council to conduct a post-season
accounting of the annual catch for each
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stock and stock complex of MUS
relative immediately after the end of the
fishing year. If an ACL is exceeded, the
Council would take action in
accordance with 50 CFR 600.310(g)
which may include a recommendation
that NMFS reduce the ACL for the
subsequent fishing year by the amount
of the overage, or other measure, as
appropriate.
NMFS will consider public comments
on the proposed ACLs and AMs and
will announce the final specifications as
soon as possible. Regardless of the final
ACL specifications and AMs, all other
management measures will continue to
apply in the fisheries. To be considered,
comments on these proposed
specifications must be received by
January 18, 2012, not postmarked or
otherwise transmitted by that date.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator for Fisheries
has determined that this proposed
specification is consistent with the
applicable western Pacific FEPs, other
provisions of the Magnuson-Stevens
Act, and other applicable laws, subject
to further consideration after public
comment.
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
these proposed specifications, if
adopted, would not have a significant
economic impact on a substantial
number of small entities. A description
of the action, why it is being considered,
and the legal basis for it are contained
in the preamble to this proposed
specification.
NMFS based the proposed
specifications on recommendations
from the Western Pacific Fishery
Management Council (Council) at its
152nd meeting held on October 17–19,
2011. A total of 101 ACLs are proposed:
22 in American Samoa, 27 in Guam, 22
in the CNMI, and 30 in Hawaii. The
ACLs would be specified for the 2012
fishing year, which begins on January 1
and ends on December 31, except for
precious coral fisheries. These measures
would apply to precious coral fisheries
from July 1, 2011—June 30, 2012. Some
ACLs would be applied to fisheries for
which there are no participants. These
include certain crustacean fisheries (i.e.,
deepwater shrimp and Kona crab), and
all precious coral fisheries outside
Hawaii.
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71
Fishery participants should not face
any adverse economic impacts as a
direct result of the proposed ACLs and
AMs. The Council and NMFS are not
considering in-season closures in any of
the fisheries to which these ACLs apply,
due to the current inability of fishery
management entities to conduct inseason tracking of catch in relation to
the ACLs. As a result, participants in
these fisheries would be able to fish
throughout the entire season; in
addition, the ACLs, as proposed, would
not change the gear types, areas fished,
effort, or participation of the fishery
during the 2012 fishing season. A postseason review of the catch data would
be required to determine whether any of
those ACLs is exceeded. If any of the
ACLs is exceeded, the Council and
NMFS would take action to correct the
operational issue that caused the ACL
overage. NMFS cannot, however,
speculate on operational measures or
the magnitude of any potential overage
adjustment; therefore, the
environmental and socio-economic
impacts of future actions, such as
changes to future ACLs or AMs, would
need to be evaluated separately once the
required data are available.
Other alternatives that were
considered but not selected called for
alternative specifications for the 101
ACLs, some higher and some lower than
those that were proposed. However,
because in-season tracking of catch data
cannot be achieved in these fisheries,
in-season AMs such as a fishery closure
are not possible, and fishery
participants would be able to fish
throughout the entire season under all
alternatives considered. Therefore, the
direct economic impacts to small
entities during the 2012 fishing season
would not likely differ among the
alternatives.
As described earlier, the proposed
action of specifying ACLs and AMs is
expected to have little, if any, direct
adverse economic impact. For fisheries
with active participants, the ACLs are
generally in line with or greater than the
current annual yields and there should
be no disproportionate economic
impacts between large and small
entities. Furthermore, there is likely to
be no disproportionate economic
impacts among the universe of vessels
based on gear, home port, or vessel
length. Because the proposed action
would have little to no direct economic
impact, NMFS has determined that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities, pursuant to
the Regulatory Flexibility Act, 5 U.S.C.
605(b).
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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Proposed Rules
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 27, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–33691 Filed 12–30–11; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Proposed Rules]
[Pages 66-72]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33691]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 110826540-1774-01]
RIN 0648-XA674
Western Pacific Fisheries; 2012 Annual Catch Limits and
Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed specifications; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes annual catch limits for western Pacific
bottomfish, crustacean, precious coral, and coral reef ecosystem
fisheries, and accountability measures to correct or mitigate any
overages of catch limits. The proposed catch limits and accountability
measures support the long-term sustainability of fishery resources of
the U.S. Pacific Islands.
DATES: Comments must be received by January 18, 2012.
ADDRESSES: Comments on this proposed specification, identified by NOAA-
NMFS-2011-0269, may be sent to either of the following addresses:
[[Page 67]]
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
Mail: Mail written comments to Michael D. Tosatto,
Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
Instructions: Comments must be submitted to one of the two
addresses to ensure that the comments are received, documented, and
considered by NMFS. Comments sent to any other address or individual,
or received after the end of the comment period, may not be considered.
All comments received are a part of the public record and will
generally be posted for public viewing on www.regulations.gov without
change. All personal identifying information (e.g., name, address,
etc.) submitted voluntarily by the sender may be publicly accessible.
Do not submit confidential business information, or otherwise sensitive
or protected information. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word
or Excel, WordPerfect, or Adobe PDF file formats only.
Three environmental assessments (EA) were prepared that describe
the impact on the human environment that would result from this
proposed action. Based on the EAs, NMFS prepared a finding of no
significant impact (FONSI) for the proposed action. Copies of the EAs
and FONSI are available from www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, (808) 944-2108.
SUPPLEMENTARY INFORMATION: Fisheries in the U.S. Exclusive Economic
Zone (EEZ, or Federal waters) around the U.S. Pacific Islands are
managed under four archipelagic-based fishery ecosystem plans (FEP),
including the American Samoa FEP, the Hawaii FEP, the Pacific Remote
Islands FEP, and the Mariana FEP (covering Guam and the Commonwealth of
the Northern Mariana Islands (CNMI)), and one FEP for pelagic
fisheries. The FEPs were developed by the Western Pacific Fishery
Management Council (Council) and implemented by NMFS under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). Each FEP contains a process for the Council
and NMFS to specify annual catch limits (ACLs) and accountability
measures (AMs); that process is codified at 50 CFR 665.4 (76 FR 37285,
June 27, 2011). The regulations require NMFS to specify, every fishing
year, an ACL for each stock and stock complex of management unit
species (MUS) included in an FEP, as recommended by the Council and in
consideration of the best available scientific, commercial, and other
information about the fishery. If an ACL is exceeded, the regulations
require the Council to take action to reduce the ACL for the subsequent
fishing year by the amount of the overage, or take other actions, as
appropriate.
Specification of Annual Catch Limits
NMFS proposes to specify ACLs for bottomfish, crustacean, precious
coral, and coral reef ecosystem fishery MUS in American Samoa, Guam,
the CNMI, and Hawaii. NMFS based the proposed specifications on
recommendations from the Council at its 152nd meeting held on October
17-19, 2011. A total of 101 ACLs are proposed: 22 in American Samoa, 27
in Guam, 22 in the CNMI, and 30 in Hawaii. The ACLs would be specified
for the 2012 fishing year which begins on January 1 and ends on
December 31, except for precious coral fisheries which begin on July 1
and end on June 30 the following year.
NMFS is not proposing ACLs at this time for bottomfish, crustacean,
precious coral, or coral reef ecosystem MUS in the PRIA because
commercial fishing is prohibited out to 50 nautical miles by
Presidential Proclamation 8336 which established the Pacific Remote
Island Marine National Monument (74 FR 1565, January 12, 2009), and
there is no habitat to support such fisheries in the EEZ beyond the
monument boundaries. The Council is separately working on a draft
amendment to the relevant FEP containing fishery management measures
for the Pacific Remote Islands Marine National Monument (as well as the
Rose Atoll and Marianas Trench Marine National Monuments).
Additionally, ACLs are not proposed for MUS that are currently subject
to Federal fishing moratoria or prohibitions. They include all species
of gold coral (73 FR 47098, August 13, 2008), all species of deepwater
precious corals at the Westpac Bed Refugia (75 FR 2198, January 14,
2010), and the three Hawaii seamount groundfish: pelagic armorhead,
alfonsin, and raftfish (75 FR 69015, November 10, 2010). The current
prohibitions on fishing for these MUS serve as a functional equivalent
of an ACL of zero.
NMFS is also not proposing ACLs for pelagic MUS at this time
because it previously determined that pelagic species are subject to
international fishery agreements or have a life cycle of approximately
one year and, therefore, have statutory exceptions to the ACL
requirements.
NMFS and the Council developed the proposed ACLs in accordance with
the FEPs and Federal regulations. At its 152nd meeting, the Council
recommended specifying the 2012 ACL for each FEP MUS as being equal to
the acceptable biological catch (ABC) as recommended by the Council's
Scientific and Statistical Committee (SSC) at the 108th SSC meeting
held October 17-19, 2011, except for precious corals in Hawaii where
the Council recommended maintaining the current harvest quotas (which
are lower than the ABCs) as the ACLs. The Council did not recommend
increasing catch limits to equal the SSC's ABCs on the basis that there
has been no activity in the precious coral fishery for over a decade
and industry lacks the capacity to exploit an increased quota. The
data, methods, and procedures considered by the SSC and the Council in
developing their respective fishing level recommendations are described
in detail in the three environmental assessments that support this
action (see ADDRESSES).
Proposed Annual Catch Limit Specifications
Table 1--American Samoa
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish.................... Bottomfish multi- 99,200 lb
species stock complex. (44,996 kg).
Crustacean.................... Deepwater Shrimp...... 80,000 lb
(36,287 kg).
Spiny Lobster......... 2,300 lb (1,043
kg).
Slipper Lobster....... 30 lb (14 kg).
Kona Crab............. 3,200 lb (1,451
kg).
Precious Coral................ Black Coral........... 790 kg (1,742
lb).
Precious Corals in the 1,000 kg (2,205
American Samoa lb).
Exploratory Area.
[[Page 68]]
Coral Reef Ecosystem.......... Acanthuridae--surgeonf 19,516 lb (8,852
ish. kg).
Lutjanidae--snappers.. 18,839 lb (8,545
kg).
Selar 8,396 lb (3,808
crumenophthalmus--atu kg).
le or bigeye scad.
Mollusks--turbo snail; 16,694 lb (7,572
octopus; giant clams. kg).
Carangidae--jacks..... 9,490 lb (4,305
kg).
Lethrinidae--emperors. 7,350 lb (3,334
kg).
Scaridae--parrotfish.. 8,145 lb (3,695
kg).
Serranidae--groupers.. 5,600 lb (2,540
kg).
Holocentridae--squirre 2,585 lb (1,173
lfish. kg).
Mugilidae--mullets.... 2,857 lb (1,296
kg).
Crustaceans--crabs.... 2,248 lb (1,020
kg).
Bolbometopon 235 lb (107 kg).
muricatum--bumphead
parrotfish.
Cheilinus undulatus-- 1,743 lb (791
Humphead (Napoleon) kg).
wrasse.
Carcharhinidae--Reef 1,309 lb (594
Sharks. kg).
All Other CREMUS 18,910 lb (8,577
combined. kg).
------------------------------------------------------------------------
Table 2--Mariana Archipelago--Guam
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish.................... Bottomfish multi- 48,200 lb
species stock complex. (21,863 kg).
Crustaceans................... Deepwater Shrimp...... 48,488 lb
(21,994 kg).
Spiny Lobster......... 2,700 lb (1,225
kg).
Slipper Lobster....... 20 lb (9 kg).
Kona Crab............. 1,900 lb (862
kg).
Precious Coral................ Black Coral........... 700 kg (1,543
lb).
Precious Corals in the 1,000 kg (2,205
Guam Exploratory Area. lb).
Coral Reef Ecosystem.......... Acanthuridae--surgeonf 70,702 lb
ish. (32,070 kg).
Carangidae--jacks..... 45,377 lb
(20,583 kg).
Selar 56,514 lb
crumenophthalmus--atu (25,634 kg).
lai or bigeye scad.
Lethrinidae--emperors. 38,720 lb
(17,563 kg).
Scaridae--parrotfish.. 28,649 lb
(12,995 kg).
Mullidae--goatfish.... 25,367 lb
(11,506 kg).
Mollusks--turbo snail; 21,941 lb (9,952
octopus; giant clams. kg).
Siganidae--rabbitfish. 26,120 lb
(11,848 kg).
Lutjanidae--snappers.. 17,726 lb (8,040
kg).
Serranidae--groupers.. 17,958 lb (8,146
kg).
Mugilidae--mullets.... 15,032 lb (6,818
kg).
Kyphosidae--chubs/ 13,247 lb (6,009
rudderfish. kg).
Crustaceans--crabs.... 5,523 lb (2,505
kg).
Holocentridae--squirre 8,300 lb (3,765
lfish. kg).
Algae................. 5,329 lb (2,417
kg).
Labridae--wrasses..... 5,195 lb (2,356
kg).
Bolbometopon 797 lb (362 kg)
muricatum--bumphead (CNMI and Guam
parrotfish. combined).
Cheilinus undulatus-- 1,960 lb (889
Humphead (Napoleon) kg).
wrasse.
Carcharhinidae--Reef 6,942 lb (3,149
Sharks. kg).
All Other CREMUS 83,214 lb
combined. (37,745 kg).
------------------------------------------------------------------------
Table 3--Mariana Archipelago--CNMI
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish.................... Bottomfish multi- 182,500 lb
species stock complex. (82,781 kg).
Crustacean.................... Deepwater Shrimp...... 275,570 lb
(124,996 kg).
Spiny Lobster......... 5,500 lb (2,495
kg).
Slipper Lobster....... 60 lb (27 kg).
Kona Crab............. 6,300 lb (2,858
kg).
Precious Coral................ Black Coral........... 2,100 kg (4,630
lb).
Precious Corals in the 1,000 kg (2,205
CNMI Exploratory Area. lb).
Coral Reef Ecosystem.......... Lethrinidae--emperors. 27,466 lb
(12,458 kg).
Carangidae--jacks..... 21,512 lb (9,758
kg).
Acanthuridae--surgeonf 6,884 lb (3,123
ish. kg).
Selar 7,459 lb (3,383
crumenophthalmus--atu kg).
lai or bigeye scad.
Serranidae--groupers.. 5,519 lb (2,503
kg).
Lutjanidae--snappers.. 3,905 lb (1,771
kg).
Mullidae--goatfish.... 3,670 lb (1,665
kg).
Scaridae--parrotfish.. 3,784 lb (1,716
kg).
Mollusks--turbo snail; 4,446 lb (2,017
octopus; giant clams. kg).
Mugilidae--mullets.... 3,308 lb (1,500
kg).
[[Page 69]]
Siganidae--rabbitfish. 2,537 lb (1,151
kg).
Bolbometopon 797 lb (362 kg)
muricatum--bumphead (CNMI and Guam
parrotfish. combined).
Cheilinus undulatus-- 2,009 lb (911
Humphead (Napoleon) kg).
wrasse.
Carcharhinidae--Reef 5,600 lb (2,540
Sharks. kg).
All Other CREMUS 9,820 lb (4,454
combined. kg).
------------------------------------------------------------------------
Table 4--Hawaii
------------------------------------------------------------------------
Management unit Proposed ACL
Fishery species specification
------------------------------------------------------------------------
Bottomfish.................... Non-Deep 7 Bottomfish. 135,000 lb
(61,235 kg).
Crustacean.................... Deepwater Shrimp...... 250,773 lb
(113,749 kg).
Spiny Lobster......... 10,000 lb (4,536
kg).
Slipper Lobster....... 280 lb (127 kg).
Kona Crab............. 27,600 lb
(12,519 kg).
Precious Coral................ Auau Channel Black 2,500 kg (5,512
Coral. lb).
Pink/Bamboo Coral; 1,000/250 kg
Makapuu Bed. (2,205/551 lb).
Pink/Bamboo Coral; 180 222/56 kg (489/
Fathom Bank. 123 lb).
Pink/Bamboo Coral; 444/111 kg (979/
Brooks Bank. 245 lb).
Pink/Bamboo Coral; 67/17 kg (148/37
Kaena Point Bed. lb).
Pink/Bamboo Coral; 67/17 kg (148/37
Keahole Bed. lb).
Precious Corals in the 1,000 kg (2,205
Hawaii Exploratory lb).
Area.
Coral Reef Ecosystem.......... Selar 651,292 lb
crumenophthalmus--aku (295,421 kg).
le or bigeye scad.
Decapterus macarellus-- 393,563 lb
opelu or mackerel (178,517 kg).
scad.
Carangidae--jacks..... 193,423 lb
(87,735 kg).
Mullidae--goatfish.... 125,813 lb
(57,068 kg).
Acanthuridae--surgeonf 80,545 lb
ish. (36,535 kg).
Lutjanidae--snappers.. 65,102 lb
(29,530 kg).
Holocentridae--squirre 44,122 lb
lfish. (20,013 kg).
Mugilidae--mullets.... 41,112 lb
(18,648 kg).
Mollusks--turbo 28,765 lb
snails; octopus; (13,048 kg).
giant clams.
Scaridae--parrotfish.. 33,326 lb
(15,116 kg).
Crustaceans--crabs.... 20,686 lb (9,383
kg).
Carcharhinidae--Reef 111,566 lb
Sharks. (50,605 kg).
All Other CREMUS 142,282 lb
combined. (64,538 kg).
------------------------------------------------------------------------
Technical Corrections to Proposed ACL Specifications
NMFS identified several technical errors in the calculation of ABC
for some MUS after the Council made their recommendations. Because the
ABCs were derived from control rules and formulas contained in the
FEPs, NMFS corrected the technical errors in this proposed
specification by recalculating the ABCs based on the corrected
information. NMFS has provided the corrected proposed ACL
specifications to the Council's Executive Director and Chairperson for
their review and concurrence that the corrected proposed ACL
specifications are consistent with the Council's recommendation to
establish ACLs for precious corals in Hawaii that are equal to current
harvest quotas, and to establish ACL equal to ABC for all other
fisheries. The resulting corrected ACL specifications are proposed
here. Descriptions of the affected MUS, technical errors, and corrected
ABC and ACL values are provided in the EAs, and summarized as follows:
Hawaii Deepwater Shrimp
The pre-corrected recommended ACL for Hawaii deepwater shrimp was
equal to the ABC of 544,000 lb, which was based on the application of
the Tier 4 control rule: ABC = 0.91 x (maximum sustainable yield
(MSY)). The most current estimate of MSY for the deepwater shrimp in
Hawaii is 125 mt/yr or 275,575 lb/yr (Tagami and Ralston 1988);
however, in calculating ABC, the value for exploitable biomass (271.4
mt/yr or 598,328 lb) as estimated by Ralston and Tagami, (1992) was
used instead of MSY. The resulting ACL recommendation of 544,000
exceeded the estimated MSY by more than 268,000 lb. NMFS corrected the
ABC by applying the correct MSY value of 125 mt/yr or 275,575 lb/yr
into the Tier 4 control rule, resulting in a corrected ABC of 250,773
lb. Consistent with the Council recommendation that ACL be set equal to
ABC, NMFS proposes an ACL of 250,773 lb for Hawaii deepwater shrimp in
2012.
CNMI Deepwater Shrimp
The pre-corrected recommended ACL for CNMI deepwater shrimp was
equal to the ABC of 268,000 lb, which was based on the application of
the Tier 4 control rule: ABC = 0.91 x MSY. The most current estimate of
MSY for the deepwater shrimp in CNMI is 137.4 mt/yr or 302,830 lb/yr
(Moffitt and Polovina 1987); however, in calculating ABC, the incorrect
value for MSY was used (133.8 mt/yr or 294,975 lb/yr), resulting in an
ABC of 268,000 lb. NMFS corrected the ABC by applying the correct MSY
value of 137.4 mt/yr or 302,830 lb/yr in the Tier 4 control rule,
resulting in a corrected ABC of 275,575 lb. Consistent with the Council
recommendation that ACL be set equal to ABC, NMFS proposes an ACL of
275,575 lb for CNMI deepwater shrimp in 2012.
Guam Deepwater Shrimp
The pre-corrected recommended ACL for Guam deepwater shrimp was
equal to the ABC of 56,000 lb which was based on the application of the
Tier 4 control rule: ABC = 0.91 x MSY. The
[[Page 70]]
most current estimate of MSY for the deepwater shrimp in Guam is 24.1
mt/yr or 53,116 lb/yr (Moffitt and Polovina 1987); however, in
calculating ABC, the incorrect value for MSY was used (27.7 mt/yr or
61,067 lb/yr), resulting in an ABC of 56,000 lb. The resulting ACL of
56,000 lb exceeded the MSY estimated by Moffitt and Polovina (1987) by
over 2,800 lb. NMFS corrected the ABC by applying the correct MSY value
of 24.1 mt/yr into the Tier 4 control rule, resulting in a corrected
ABC of 22 mt/yr or 48,488 lb/yr. Consistent with the Council
recommendation that ACL be set equal to ABC, NMFS proposes to specify
an ACL of 48,488 lb for Guam deepwater shrimp in 2012.
Hawaii Pink and Bamboo Corals
The recommended ACLs for Hawaii deepwater pink and bamboo corals at
all established and conditional beds were set equal to the current
harvest quotas as specified in 50 CFR 665 (75 FR 2198, January 14,
2010), except at the Makapuu Established Bed. At this bed, the current
harvest quotas for pink and bamboo corals are 2,000 kg and 500 kg,
respectively, and may be taken over a two year timeframe. However,
since ACLs must be specified annually, the recommended ACLs were set at
one half of the current harvest quota, or 1,000 kg/yr and 250 kg/yr,
respectively, and shown in Table 5.
Table 5--Council Recommended ACLs for Hawaii Pink and Bamboo Corals
------------------------------------------------------------------------
Pink coral ACL Bamboo coral ACL
Bed (kg) (kg)
------------------------------------------------------------------------
Makapuu Established Bed........... 1,000 250
180 Fathom Bank Conditional Bed... 222 56
Brooks Bank Conditional Bed....... 444 111
Kaena Point Conditional Bed....... 67 17
Keahole Point Conditional Bed..... 67 17
------------------------------------------------------------------------
However, the Council's recommended ACL of 17 kg for bamboo corals
at the Kaena Point and Keahole Point Conditional beds exceed the ABC of
16 kg as calculated by the SSC at its 108th meeting as shown in Table
6. In accordance with the Magnuson-Stevens Act and National Standard 1,
the ACL may not exceed the ABC.
Table 6--SSC Recommended ABCs for Hawaii Pink and Bamboo Corals
------------------------------------------------------------------------
Pink coral ABC Bamboo coral ABC
Bed (0.91*MSY) (kg) (0.91*MSY) (kg)
------------------------------------------------------------------------
Makapuu Established Bed........... 1,400 260
180 Fathom Bank Conditional Bed... 1,400 260
Brooks Bank Conditional Bed....... 1,400 260
Kaena Point Conditional Bed....... 85 16
Keahole Point Conditional Bed..... 85 16
------------------------------------------------------------------------
The ABCs were based on the application of the Tier 4 control rule:
ABC = 0.91 x MSY. In calculating ABC for pink coral at the Makapuu
Established Bed, the SSC applied a revised estimate of MSY for pink
coral reported in Grigg (2002). Specifically, Grigg (2002) estimated an
MSY for pink coral at the Makapuu bed of 1,500 kg/year. In calculating
ABC for bamboo coral at the Makapuu Established bed, the SSC relied on
the MSY estimate of 285 as provided in the Hawaii FEP. Based on these
MSY estimates the SSC calculated ABC for pink coral and bamboo coral at
the Makapuu bed as 1,400 kg/yr and 260 kg/yr, respectively.
There are no MSY estimates for pink or bamboo coral at any
conditional beds. Therefore, to calculate an MSY proxy for pink coral
and bamboo coral for these beds, the SSC applied the formula provided
in the Hawaii FEP which was used to set the existing harvest quotas.
Specifically, the Hawaii FEP explains that the harvest quotas for pink
and bamboo corals at any conditional bed is extrapolated, based on bed
size, by comparison with that of the Makapuu Established Bed using the
following formula:
[GRAPHIC] [TIFF OMITTED] TP03JA12.000
Framework Amendment 1 to the Precious Corals FMP (WPFMC 2001) defines
the bed area for all established and conditional beds in Hawaii and
defines the Makapuu Established Bed as 3.60 km\2\, and both the Keahole
Point and Kaena Point Conditional Beds as 0.24 km\2\. However, in
calculating the MSY proxies for pink and bamboo corals at Keahole Point
and Kaena Point Conditional Beds, incorrect values for the Makapuu
Established Bed area (12.57 nm\2\) and both the Keahole and Kaena Point
Conditional Bed area (0.79 nm\2\) were used in the formula above
resulting in a bamboo coral MSY proxy of 18 kg/yr for the two latter
beds. Applying the Tier 4 control rule (ABC = 0.91 x MSY) resulted in
an ABC of 16 kg for both Keahole Point and Kaena Point Conditional
Beds.
NMFS corrected the ABCs by applying the correct bed area for
Makapuu (3.60 km\2\) and for both Keahole Point and Kaena Point (0.24
km\2\) into the formula above, resulting in a corrected bamboo coral
MSY proxy
[[Page 71]]
of 19 kg for the two latter beds. Next, NMFS applied the Tier 4 control
rule (ABC = 0.91 x MSY), resulting in a corrected ABC of 17 kg. These
technical corrections are consistent with the intent of the SSC and
Council and represent the best available scientific information
regarding Hawaii precious corals. Additionally, the technical
corrections allow for the Council's recommended ACL of 17 kg for bamboo
corals at the Kaena Point and Keahole Point Conditional Beds to be
acceptable ACLs as they no longer exceed ABC.
Proposed Accountability Measures
Each fishing year, NMFS and local resource management agencies in
American Samoa, Guam, the CNMI, and Hawaii will collect information
about MUS catches and apply them toward the appropriate ACLs. Pursuant
to 50 CFR 665.4, when the ACL for a stock or stock complex is projected
to be reached, based on available information, NMFS must notify permit
holders that fishing for that stock or stock complex will be restricted
in Federal waters on a specified date. The restriction serves as the AM
to prevent an ACL from being exceeded and may include, but is not
limited to closure of the fishery, closure of specific areas, changes
to bag limits, or restrictions in effort. However, local resource
management agencies presently do not have the personnel or resources to
process catch data in near-real time, so fisheries statistics are
generally not available to NMFS until at least six months after the
data has been collected. While the State of Hawaii has the capability
to monitor and track the catch of seven preferentially-targeted
bottomfish species in near-real time in comparison with previously
specified ACLs (76 FR 54715, September 2, 2011), additional resources
would be required to extend these capabilities to other bottomfish,
crustacean, precious coral, and coral reef ecosystem MUS. Significant
resources would also be required to support the establishment of in-
season monitoring and tracking capabilities in American Samoa, Guam and
the CNMI. Additionally, reliance on Federal logbook and reporting from
Federal waters will not be sufficient in accurately monitoring and
tracking catches towards the proposed ACL specifications as the
majority of fishing for bottomfish, crustacean, precious coral, and
coral reef ecosystem fishery MUS occurs primarily in non-Federal waters
generally 0-3 nautical miles from shore. For these reasons, NMFS
proposes to implement the Council's recommended AM, which requires the
Council to conduct a post-season accounting of the annual catch for
each stock and stock complex of MUS relative immediately after the end
of the fishing year. If an ACL is exceeded, the Council would take
action in accordance with 50 CFR 600.310(g) which may include a
recommendation that NMFS reduce the ACL for the subsequent fishing year
by the amount of the overage, or other measure, as appropriate.
NMFS will consider public comments on the proposed ACLs and AMs and
will announce the final specifications as soon as possible. Regardless
of the final ACL specifications and AMs, all other management measures
will continue to apply in the fisheries. To be considered, comments on
these proposed specifications must be received by January 18, 2012, not
postmarked or otherwise transmitted by that date.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator for Fisheries has determined that this
proposed specification is consistent with the applicable western
Pacific FEPs, other provisions of the Magnuson-Stevens Act, and other
applicable laws, subject to further consideration after public comment.
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 these proposed specifications, if adopted, would
not have a significant economic impact on a substantial number of small
entities. A description of the action, why it is being considered, and
the legal basis for it are contained in the preamble to this proposed
specification.
NMFS based the proposed specifications on recommendations from the
Western Pacific Fishery Management Council (Council) at its 152nd
meeting held on October 17-19, 2011. A total of 101 ACLs are proposed:
22 in American Samoa, 27 in Guam, 22 in the CNMI, and 30 in Hawaii. The
ACLs would be specified for the 2012 fishing year, which begins on
January 1 and ends on December 31, except for precious coral fisheries.
These measures would apply to precious coral fisheries from July 1,
2011--June 30, 2012. Some ACLs would be applied to fisheries for which
there are no participants. These include certain crustacean fisheries
(i.e., deepwater shrimp and Kona crab), and all precious coral
fisheries outside Hawaii.
Fishery participants should not face any adverse economic impacts
as a direct result of the proposed ACLs and AMs. The Council and NMFS
are not considering in-season closures in any of the fisheries to which
these ACLs apply, due to the current inability of fishery management
entities to conduct in-season tracking of catch in relation to the
ACLs. As a result, participants in these fisheries would be able to
fish throughout the entire season; in addition, the ACLs, as proposed,
would not change the gear types, areas fished, effort, or participation
of the fishery during the 2012 fishing season. A post-season review of
the catch data would be required to determine whether any of those ACLs
is exceeded. If any of the ACLs is exceeded, the Council and NMFS would
take action to correct the operational issue that caused the ACL
overage. NMFS cannot, however, speculate on operational measures or the
magnitude of any potential overage adjustment; therefore, the
environmental and socio-economic impacts of future actions, such as
changes to future ACLs or AMs, would need to be evaluated separately
once the required data are available.
Other alternatives that were considered but not selected called for
alternative specifications for the 101 ACLs, some higher and some lower
than those that were proposed. However, because in-season tracking of
catch data cannot be achieved in these fisheries, in-season AMs such as
a fishery closure are not possible, and fishery participants would be
able to fish throughout the entire season under all alternatives
considered. Therefore, the direct economic impacts to small entities
during the 2012 fishing season would not likely differ among the
alternatives.
As described earlier, the proposed action of specifying ACLs and
AMs is expected to have little, if any, direct adverse economic impact.
For fisheries with active participants, the ACLs are generally in line
with or greater than the current annual yields and there should be no
disproportionate economic impacts between large and small entities.
Furthermore, there is likely to be no disproportionate economic impacts
among the universe of vessels based on gear, home port, or vessel
length. Because the proposed action would have little to no direct
economic impact, NMFS has determined that this proposed rule will not
have a significant economic impact on a substantial number of small
entities, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b).
[[Page 72]]
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 27, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-33691 Filed 12-30-11; 8:45 am]
BILLING CODE 3510-22-P
