Fisheries in the Western Pacific; 5-Year Extension of Moratorium on Harvest of Gold Corals, 18302-18304 [2013-06903]
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Proposed Rules
H. Environmental Analysis
will have only a domestic impact and
therefore no effect on any tradesensitive activity.
E. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act
of 1995 (UMRA) is intended, among
other things, to curb the practice of
imposing unfunded Federal mandates
on State, local, and tribal governments.
Title II of the Act requires each Federal
agency to prepare a written statement
assessing the effects of any Federal
mandate in a proposed or final agency
rule that may result in a $100 million or
more expenditure (adjusted annually for
inflation) in any one year by State, local,
and tribal governments, in the aggregate,
or by the private sector; such a mandate
is deemed to be a ‘‘significant regulatory
action.’’
This rulemaking does not contain
such a mandate. The requirements of
Title II of the Act, therefore, do not
apply and TSA has not prepared a
statement under the Act.
F. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
that TSA consider the impact of
paperwork and other information
collection burdens imposed on the
public and, under the provisions of PRA
sec. 3507(d), obtain approval from OMB
for each collection of information it
conducts, sponsors, or requires through
regulations. The PRA defines
‘‘collection of information’’ to be ‘‘the
obtaining, causing to be obtained,
soliciting, or requiring the disclosure to
third parties or the public, of facts or
opinion by or for an agency, regardless
of form or format…imposed on ten or
more persons.’’ 44 U.S.C. 3502(3)(A).
TSA has determined that there are no
current or new information collection
requirements associated with this
proposed rule. TSA’s use of AIT to
screen passengers does not constitute
activity that would result in the
collection of information as defined in
the PRA.
tkelley on DSK3SPTVN1PROD with PROPOSALS
G. Executive Order 13132, Federalism
TSA has analyzed this proposed rule
under the principles and criteria of E.O.
13132, Federalism. We determined that
this action would not have a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, and therefore
would not have federalism implications.
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DEPARTMENT OF COMMERCE
TSA has reviewed this action for
purposes of the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
4321–4347) and has determined that
this action will not have a significant
effect on the human environment.
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 130103006–3243–01]
I. Energy Impact Analysis
RIN 0648–BC89
The energy impact of the notice has
been assessed in accordance with the
Energy Policy and Conservation Act
(EPCA), Public Law 94–163, as amended
(42 U.S.C. 6362). TSA has determined
that this rulemaking is not a major
regulatory action under the provisions
of the EPCA.
List of Subjects in 49 CFR Part 1540
Air carriers, Aircraft, Airports, Civil
aviation security, Law enforcement
officers, Reporting and recordkeeping
requirements, Screening, Security
measures.
The Proposed Amendment
For the reasons set forth in the
preamble, the Transportation Security
Administration proposes to amend
Chapter XII, of Title 49, Code of Federal
Regulations, as follows:
PART 1540—CIVIL AVIATION
SECURITY: GENERAL RULES
1. The authority citation for part 1540
is revised to read as follows:
■
Authority: 49 U.S.C. 114, 5103, 40113,
44901–44907, 44913–44914, 44916–44918,
44925, 44935–44936, 44942, 46105.
2. In § 1540.107, add paragraph (d) to
read as follows:
■
§ 1540.107 Submission to screening and
inspection.
*
*
*
*
*
(d) The screening and inspection
described in (a) may include the use of
advanced imaging technology. For
purposes of this section, advanced
imaging technology is defined as
screening technology used to detect
concealed anomalies without requiring
physical contact with the individual
being screened.
Issued in Arlington, Virginia, on March 20,
2013.
John S. Pistole,
Administrator.
[FR Doc. 2013–07023 Filed 3–22–13; 4:15 pm]
BILLING CODE 9110–05–P
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Fisheries in the Western Pacific; 5Year Extension of Moratorium on
Harvest of Gold Corals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: This proposed rule would
extend the region-wide moratorium on
the harvest of gold corals in the U.S.
Pacific Islands through June 30, 2018.
NMFS intends this proposed rule to
prevent overfishing and to stimulate
research on gold corals.
DATES: Comments must be received by
April 25, 2013.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2013–0002, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130002, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Send written comments to
Michael D. Tosatto, Regional
Administrator, NMFS Pacific Islands
Region (PIR), 1601 Kapiolani Blvd.,
Suite 1110, Honolulu, HI 96814–4700.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. 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.),
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), and will accept
attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF
file formats only.
E:\FR\FM\26MRP1.SGM
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
Lewis Van Fossen, NMFS PIR
Sustainable Fisheries, 808–541–1378.
SUPPLEMENTARY INFORMATION: Precious
corals (also called deep-sea corals)
belong to the class of animals that
includes corals, jellyfish, sea anemones,
and their relatives. They are harvested
for use in high-quality jewelry. Gold
corals live in deep water (100–1,500 m)
on solid substrates where bottom
currents are strong. Precious corals are
suspension feeders, thriving in areas
swept by strong currents, and are most
abundant on substrates of shell
sandstone, limestone, or basaltic rock
with a limestone veneer. All precious
corals are slow-growing and are
characterized by low rates of natural
mortality and recruitment.
Unexploited populations are
relatively stable, and a wide range of age
classes is generally present. This lifehistory pattern (longevity and many age
classes) has two important
consequences with respect to
exploitation. First, the population
response to harvesting is drawn out over
many years. Second, because of the
great longevity of individuals and the
associated slow population turnover
rates, a long period of reduced fishing
effort is required to restore a stock’s
ability to produce at the maximum
sustainable yield if a stock has been
over exploited for several years.
Beds of gold corals (Gerardia spp.,
Callogorgia gilberti, Narella spp., and
Calyptrophora spp.) are found in several
locations in the U.S. Exclusive
Economic Zone (EEZ) around Hawaii.
They likely occur in the EEZ around
American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam,
and the Pacific Remote Island Areas
(Baker Isl., Howland Isl., Jarvis Isl.,
Wake Atoll, Johnston Atoll, Kingman
Reef, Midway Atoll, and Palmyra Atoll),
but their distribution and abundance are
unknown in areas beyond Hawaii.
NMFS and the Western Pacific
Fishery Management Council (Council)
manage precious coral fisheries in the
U.S. Pacific Islands under fishery
ecosystem plans (FEPs) for American
Samoa, Hawaii, the Mariana
Archipelago, and the PRIA. The plans
and associated Federal regulations
require permits and data reporting, and
allow harvesting of precious corals only
with selective gear (e.g., submersibles,
remotely-operated vehicles, or by hand).
There are also bed-specific quotas,
refuges from fishing, and size limits.
The gold coral fishery in the U.S. Pacific
Islands is dormant.
In 2008, after researchers presented
information suggesting extremely slow
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Jkt 229001
growth rates for gold corals, the Council
and NMFS established a 5-year
moratorium on harvesting gold corals
(September 12, 2008, 78 FR 47098). The
Council and NMFS established the
moratorium in response to research that
indicated that reference points for
estimating maximum sustainable yield
had been overestimated, and that could
result in overharvesting gold corals. The
moratorium was intended to allow
research on gold coral age, growth, and
recruitment (the ability to repopulate).
The moratorium is scheduled to expire
on June 30, 2012.
Past stock assessments of gold corals
assumed that colonies had linear growth
of 6.60 cm/yr. Research now indicates
that gold coral colonies in Hawaii grow
at just 0.22 cm/yr, and that the average
colony age is about 950 years, much
older than previously estimated. The
slow growth and extreme old age of gold
coral colonies make them susceptible to
overharvesting.
Gold corals may also have previouslyunknown habitat requirements—gold
corals may depend on bamboo corals to
provide required substrate for gold coral
larvae. As with other precious corals,
gold corals produce tiny free-swimming
larvae that, if they settle onto an
appropriate substrate, they begin to form
a colony. Most precious corals prefer
hard substrates like basalt or limestone.
NMFS researchers have discovered that,
in contrast, gold coral larvae may prefer
to settle on bamboo coral colonies,
eventually overgrowing them. It is not
clear whether gold coral merely covers
the host colony, or also consumes its
live tissues.
The Council considered the new gold
coral life-history information and the
implications for gold coral fishery
management. At its 155th meeting, held
from October 29 through November 1,
2012, in Honolulu, the Council
recommended that NMFS extend the
current moratorium on gold coral
harvests for another five years. This will
allow NMFS and the Council to conduct
further research and develop sustainable
management measures for gold corals,
specifically the Council’s stated goal of
developing an appropriate annual catch
limit prior to the moratorium expiring
in 2018This proposed rule would
extend the region-wide moratorium on
the harvest of gold corals through June
30, 2018. NMFS intends this proposed
rule to prevent overfishing and to
stimulate research on gold coral lifehistory that will inform management
models and reference points for
appropriate gold coral catch limits.
NMFS must receive any public
comments on this proposed rule by the
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18303
close of business on April 25, 2013, 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 fishery ecosystem plans for
American Samoa, the Pacific Remote
Island Areas, Hawaii, and the Mariana
Islands, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
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, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The analysis follows:
The proposed rule would extend the
current five-year moratorium on gold
coral harvest in the U.S. Pacific Islands
for another five years, in light of new
information on gold coral growth rates
and habitat requirements. The current
moratorium is scheduled to expire on
June 30, 2013. The proposed rule would
extend the harvest moratorium until
June 30, 2018.
Any entity possessing a western
Pacific precious corals permit would
potentially be affected by the proposed
action, as those entities would be
permitted to harvest or land gold coral,
in addition to black, bamboo, pink, and
red coral. Only two entities, both based
in the state of Hawaii, currently possess
a western Pacific precious corals permit
(https://www.fpir.noaa.gov/SFD/
SFD_permits_index.html, accessed:
February 22, 2013). NMFS believes that
both of these would be considered small
entities with annual revenues below $4
million.
Although NMFS believes that these
two entities would be considered small
entities, it is unlikely that either of these
entities would begin to harvest gold
coral in the absence of a moratorium.
The western Pacific gold coral fishery
had been dormant when the current
moratorium went into effect in 2008.
Gold coral harvesting had occurred
occasionally during the past 50 years.
Between 1973 and 1979, a manned
submersible was used to selectively
harvest a couple thousand kilograms of
gold coral from the Makapuu Bed. There
has been no gold coral harvest at the
Makapuu Bed since 1979. In 1999–2000,
a second entity extracted a small
amount of gold coral, along with other
E:\FR\FM\26MRP1.SGM
26MRP1
18304
Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
deepwater precious corals, from
exploratory areas off Kailua-Kona.
Extending the moratorium on gold
coral harvests will not likely cause
immediate economic impact to entities
permitted to harvest gold coral. This
fishery had been dormant prior to the
current moratorium. Furthermore, this
fishery is still characterized by high
equipment and operating costs,
continued safety concerns and other
logistical constraints, and gold coral
market prices are not high enough to
offset those risks and expenses. Because
of these challenges to entities wishing to
harvest and land gold coral, interest in
this fishery will likely to remain low
even without the moratorium. However,
extending the moratorium for another
five years would ensure that no
harvesting of gold coral would occur
until 2018. Additional research may
better inform future management
decisions regarding sustainable
harvesting of this resource.
The no action alternative was the only
other alternative considered. That
alternative would allow the gold coral
fishery to open on July 1, 2013. It would
have little to no positive immediate
impact to the commercial gold coral
fishery, as this fishery would likely to
remain dormant in the near term.
However, there could potentially be
negative long-term impacts in terms of
the sustainability of gold corals and in
turn, this fishery. These negative
impacts would come through the
VerDate Mar<15>2010
17:00 Mar 25, 2013
Jkt 229001
development of future potentially
unsustainable management decisions
that are made based on incomplete
research on gold coral biology.
The proposed rule does not duplicate,
overlap, or conflict with other Federal
rules and not expected to have
significant impact on small entities (as
discussed above), organizations or
government jurisdictions. There does
not appear to be disproportionate
economic impacts from the proposed
rule based on home port, gear type, or
relative vessel size. The proposed rule
will not place a substantial number of
small entities, or any segment of small
entities, at a significant competitive
disadvantage to large entities.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR 665
Administrative practice and
procedure, American Samoa, Deep sea
coral, Fisheries, Fishing, Guam, Hawaii,
Northern Mariana Islands, Precious
coral.
Dated: March 21, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 665 is proposed
to be amended as follows:
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Sfmt 9990
PART 665—FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for 665
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
■
2. Revise § 665.169 to read as follows:
§ 665.169
Gold coral harvest moratorium.
Fishing for, taking, or retaining any
gold coral in any precious coral permit
area is prohibited through June 30,
2018.
■ 3. Revise § 665.270 to read as follows:
§ 665.270
Gold coral harvest moratorium.
Fishing for, taking, or retaining any
gold coral in any precious coral permit
area is prohibited through June 30,
2018.
■ 4. Revise § 665.469 to read as follows:
§ 665.469
Gold coral harvest moratorium.
Fishing for, taking, or retaining any
gold coral in any precious coral permit
area is prohibited through June 30,
2018.
■ 5. Revise § 665.669 to read as follows:
§ 665.669
Gold coral harvest moratorium.
Fishing for, taking, or retaining any
gold coral in any precious coral permit
area is prohibited through June 30,
2018.
[FR Doc. 2013–06903 Filed 3–25–13; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Proposed Rules]
[Pages 18302-18304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06903]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 130103006-3243-01]
RIN 0648-BC89
Fisheries in the Western Pacific; 5-Year Extension of Moratorium
on Harvest of Gold Corals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would extend the region-wide moratorium on
the harvest of gold corals in the U.S. Pacific Islands through June 30,
2018. NMFS intends this proposed rule to prevent overfishing and to
stimulate research on gold corals.
DATES: Comments must be received by April 25, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0002, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0002, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Send written comments to Michael D. Tosatto,
Regional Administrator, NMFS Pacific Islands Region (PIR), 1601
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. 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.), 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), and will accept attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF file formats only.
[[Page 18303]]
FOR FURTHER INFORMATION CONTACT: Lewis Van Fossen, NMFS PIR Sustainable
Fisheries, 808-541-1378.
SUPPLEMENTARY INFORMATION: Precious corals (also called deep-sea
corals) belong to the class of animals that includes corals, jellyfish,
sea anemones, and their relatives. They are harvested for use in high-
quality jewelry. Gold corals live in deep water (100-1,500 m) on solid
substrates where bottom currents are strong. Precious corals are
suspension feeders, thriving in areas swept by strong currents, and are
most abundant on substrates of shell sandstone, limestone, or basaltic
rock with a limestone veneer. All precious corals are slow-growing and
are characterized by low rates of natural mortality and recruitment.
Unexploited populations are relatively stable, and a wide range of
age classes is generally present. This life-history pattern (longevity
and many age classes) has two important consequences with respect to
exploitation. First, the population response to harvesting is drawn out
over many years. Second, because of the great longevity of individuals
and the associated slow population turnover rates, a long period of
reduced fishing effort is required to restore a stock's ability to
produce at the maximum sustainable yield if a stock has been over
exploited for several years.
Beds of gold corals (Gerardia spp., Callogorgia gilberti, Narella
spp., and Calyptrophora spp.) are found in several locations in the
U.S. Exclusive Economic Zone (EEZ) around Hawaii. They likely occur in
the EEZ around American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the Pacific Remote Island Areas (Baker Isl., Howland
Isl., Jarvis Isl., Wake Atoll, Johnston Atoll, Kingman Reef, Midway
Atoll, and Palmyra Atoll), but their distribution and abundance are
unknown in areas beyond Hawaii.
NMFS and the Western Pacific Fishery Management Council (Council)
manage precious coral fisheries in the U.S. Pacific Islands under
fishery ecosystem plans (FEPs) for American Samoa, Hawaii, the Mariana
Archipelago, and the PRIA. The plans and associated Federal regulations
require permits and data reporting, and allow harvesting of precious
corals only with selective gear (e.g., submersibles, remotely-operated
vehicles, or by hand). There are also bed-specific quotas, refuges from
fishing, and size limits. The gold coral fishery in the U.S. Pacific
Islands is dormant.
In 2008, after researchers presented information suggesting
extremely slow growth rates for gold corals, the Council and NMFS
established a 5-year moratorium on harvesting gold corals (September
12, 2008, 78 FR 47098). The Council and NMFS established the moratorium
in response to research that indicated that reference points for
estimating maximum sustainable yield had been overestimated, and that
could result in overharvesting gold corals. The moratorium was intended
to allow research on gold coral age, growth, and recruitment (the
ability to repopulate). The moratorium is scheduled to expire on June
30, 2012.
Past stock assessments of gold corals assumed that colonies had
linear growth of 6.60 cm/yr. Research now indicates that gold coral
colonies in Hawaii grow at just 0.22 cm/yr, and that the average colony
age is about 950 years, much older than previously estimated. The slow
growth and extreme old age of gold coral colonies make them susceptible
to overharvesting.
Gold corals may also have previously-unknown habitat requirements--
gold corals may depend on bamboo corals to provide required substrate
for gold coral larvae. As with other precious corals, gold corals
produce tiny free-swimming larvae that, if they settle onto an
appropriate substrate, they begin to form a colony. Most precious
corals prefer hard substrates like basalt or limestone. NMFS
researchers have discovered that, in contrast, gold coral larvae may
prefer to settle on bamboo coral colonies, eventually overgrowing them.
It is not clear whether gold coral merely covers the host colony, or
also consumes its live tissues.
The Council considered the new gold coral life-history information
and the implications for gold coral fishery management. At its 155th
meeting, held from October 29 through November 1, 2012, in Honolulu,
the Council recommended that NMFS extend the current moratorium on gold
coral harvests for another five years. This will allow NMFS and the
Council to conduct further research and develop sustainable management
measures for gold corals, specifically the Council's stated goal of
developing an appropriate annual catch limit prior to the moratorium
expiring in 2018This proposed rule would extend the region-wide
moratorium on the harvest of gold corals through June 30, 2018. NMFS
intends this proposed rule to prevent overfishing and to stimulate
research on gold coral life-history that will inform management models
and reference points for appropriate gold coral catch limits.
NMFS must receive any public comments on this proposed rule by the
close of business on April 25, 2013, 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 fishery ecosystem plans for American Samoa, the
Pacific Remote Island Areas, Hawaii, and the Mariana Islands, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
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, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The analysis follows:
The proposed rule would extend the current five-year moratorium on
gold coral harvest in the U.S. Pacific Islands for another five years,
in light of new information on gold coral growth rates and habitat
requirements. The current moratorium is scheduled to expire on June 30,
2013. The proposed rule would extend the harvest moratorium until June
30, 2018.
Any entity possessing a western Pacific precious corals permit
would potentially be affected by the proposed action, as those entities
would be permitted to harvest or land gold coral, in addition to black,
bamboo, pink, and red coral. Only two entities, both based in the state
of Hawaii, currently possess a western Pacific precious corals permit
(https://www.fpir.noaa.gov/SFD/SFD_permits_index.html, accessed:
February 22, 2013). NMFS believes that both of these would be
considered small entities with annual revenues below $4 million.
Although NMFS believes that these two entities would be considered
small entities, it is unlikely that either of these entities would
begin to harvest gold coral in the absence of a moratorium. The western
Pacific gold coral fishery had been dormant when the current moratorium
went into effect in 2008. Gold coral harvesting had occurred
occasionally during the past 50 years. Between 1973 and 1979, a manned
submersible was used to selectively harvest a couple thousand kilograms
of gold coral from the Makapuu Bed. There has been no gold coral
harvest at the Makapuu Bed since 1979. In 1999-2000, a second entity
extracted a small amount of gold coral, along with other
[[Page 18304]]
deepwater precious corals, from exploratory areas off Kailua-Kona.
Extending the moratorium on gold coral harvests will not likely
cause immediate economic impact to entities permitted to harvest gold
coral. This fishery had been dormant prior to the current moratorium.
Furthermore, this fishery is still characterized by high equipment and
operating costs, continued safety concerns and other logistical
constraints, and gold coral market prices are not high enough to offset
those risks and expenses. Because of these challenges to entities
wishing to harvest and land gold coral, interest in this fishery will
likely to remain low even without the moratorium. However, extending
the moratorium for another five years would ensure that no harvesting
of gold coral would occur until 2018. Additional research may better
inform future management decisions regarding sustainable harvesting of
this resource.
The no action alternative was the only other alternative
considered. That alternative would allow the gold coral fishery to open
on July 1, 2013. It would have little to no positive immediate impact
to the commercial gold coral fishery, as this fishery would likely to
remain dormant in the near term. However, there could potentially be
negative long-term impacts in terms of the sustainability of gold
corals and in turn, this fishery. These negative impacts would come
through the development of future potentially unsustainable management
decisions that are made based on incomplete research on gold coral
biology.
The proposed rule does not duplicate, overlap, or conflict with
other Federal rules and not expected to have significant impact on
small entities (as discussed above), organizations or government
jurisdictions. There does not appear to be disproportionate economic
impacts from the proposed rule based on home port, gear type, or
relative vessel size. The proposed rule will not place a substantial
number of small entities, or any segment of small entities, at a
significant competitive disadvantage to large entities.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR 665
Administrative practice and procedure, American Samoa, Deep sea
coral, Fisheries, Fishing, Guam, Hawaii, Northern Mariana Islands,
Precious coral.
Dated: March 21, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 665 is
proposed to be amended as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Revise Sec. 665.169 to read as follows:
Sec. 665.169 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2018.
0
3. Revise Sec. 665.270 to read as follows:
Sec. 665.270 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2018.
0
4. Revise Sec. 665.469 to read as follows:
Sec. 665.469 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2018.
0
5. Revise Sec. 665.669 to read as follows:
Sec. 665.669 Gold coral harvest moratorium.
Fishing for, taking, or retaining any gold coral in any precious
coral permit area is prohibited through June 30, 2018.
[FR Doc. 2013-06903 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-22-P
