Fisheries in the Western Pacific; 5-Year Extension of Moratorium on Harvest of Gold Corals, 32181-32182 [2013-12743]
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tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
result, a regulatory flexibility analysis
was not required and none was
prepared.
The NOAA Assistant Administrator
for Fisheries (AA) finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness of the
management measures contained in this
final rule. A 30-day delay in
effectiveness of the final rule is
impracticable because the recreational
fishing season for red snapper begins on
June 1, and therefore, there is not
enough time for NMFS to provide both
notice and comment on the proposed
rule and a 30-day delay in effectiveness
on the final rule, before the season
starts. This final rule implements
increased commercial and recreational
quotas for Gulf red snapper based on the
increase in the acceptable biological
catch (ABC) from 8.08 million lb (3.67
million kg) to 8.46 million lb (3.83
million kg), round weight, as
recommended by the Council’s Science
and Statistical Committee (SSC). The
SSC met in November 2012 to review
new scientific information and
recommended an increased ABC for
2013. At its February 2013 Council
meeting, the Council voted to
implement commercial and recreational
quota increases in 2013 based on the
ABC recommended by the SSC.
Increased quotas will allow additional
harvest of red snapper and will provide
the opportunity for the fishery to
achieve optimum yield. Additionally,
NMFS received new scientific
information on May 7, 2013, to use to
update and extend the red snapper
recreational seasons. The new data
included 2012 landings converted from
MRFSS to MRIP. Prior to May 7, 2013,
these data were not available, so MRFSS
landings data were used to calculate the
season lengths identified in the
proposed rule. Because the new data are
now available, NMFS re-calculated the
projected 2013 red snapper recreational
season lengths off each Gulf state using
the 2012 landings data from MRIP
instead of from MRFSS, which is the
best scientific information now
available. Because the recreational
fishing season begins on June 1, there
isn’t enough time for NMFS to provide
both notice and comment on the
proposed rule and a 30-day delay in
effectiveness on the final rule.
Therefore, NMFS provided the
opportunity for notice and comment on
the proposed rule, but is waiving the 30day delay in effectiveness on this final
rule.
In addition, a 30-day delay in
effectiveness of this final rule would be
contrary to the public interest. If this
rule is not effective immediately, and
VerDate Mar<15>2010
17:39 May 28, 2013
Jkt 229001
the recreational fishing season closure
dates cannot be implemented
immediately, the recreational ACL
could be exceeded and overfishing of
the red snapper resource could occur.
The recreational closure date off Texas
has been set for 12:01 a.m., local time,
June 18, 2013; the recreational closure
date off Louisiana has been set for 12:01
a.m., local time, June 25, 2013; and the
recreational closure date off Florida has
been set for 12:01 a.m., local time, June
27, 2013. If this rule were effective 30
days after publication, these closure
dates could not be implemented and
recreational fishing off these states
would continue to occur. Additional
fishing off these states could lead to the
recreational ACL being exceeded which
could lead to an overfishing situation.
This would be in violation of National
Standard 1 of the Magnuson-Stevens
Act. National Standard 1 states that
‘‘management measures shall prevent
overfishing while achieving, on a
continuing basis, the optimum yield
from each fishery . . .’’ The red snapper
stock is still overfished and under a
rebuilding plan through 2032. The next
SEDAR benchmark stock assessment is
currently undergoing. To keep red
snapper on the rebuilding plan and
prevent overfishing from occurring, this
rule needs to take effect immediately.
For these reasons, the AA waives the
30-day delay in effectiveness of this
final rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
Red Snapper.
Dated: May 23, 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 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.39, paragraphs (a)(1)(i) and
(a)(2)(i) are revised to read as follows:
■
§ 622.39
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(i) Red snapper—4.315 million lb
(1.957 million kg), round weight.
PO 00000
Frm 00115
Fmt 4700
Sfmt 4700
32181
(2) * * *
(i) Recreational quota for red
snapper—4.145 million lb (1.880
million kg), round weight.
*
*
*
*
*
[FR Doc. 2013–12702 Filed 5–23–13; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 130103006–3477–02]
RIN 0648–BC89
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: Final rule.
AGENCY:
This final rule extends the
region-wide moratorium on the harvest
of gold corals in the U.S. Pacific Islands
through June 30, 2018. NMFS intends
this final rule to prevent overfishing and
to stimulate research on gold corals.
DATES: This rule is effective June 28,
2013.
SUMMARY:
Background information on
Pacific Island precious coral fisheries is
found in the western Pacific fishery
ecosystem plans, available from the
Western Pacific Fishery Management
Council (Council), 1164 Bishop St.,
Suite 1400, Honolulu, HI 96813, tel
808–522–8220, fax 808–522–8226, or
www.wpcouncil.org.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Lewis Van Fossen, NMFS PIR
Sustainable Fisheries, 808–541–1378.
SUPPLEMENTARY INFORMATION: Precious
corals (also called deep-sea corals),
including gold corals, are used in highquality jewelry. NMFS and the Council
manage precious corals under fishery
ecosystem plans for American Samoa,
Hawaii, the Mariana Islands (Guam and
the Northern Mariana Islands), and the
U.S. Pacific Remote Island Areas. On
September 12, 2008, NMFS established
a 5-year moratorium on the harvest of
gold corals in U.S. Pacific Islands (73 FR
47098). The moratorium was based on
information that gold corals grew much
more slowly and lived longer than
previously thought, suggesting that
these species were vulnerable to
overharvest. NMFS and the Council
intended the harvest moratorium to
E:\FR\FM\29MYR1.SGM
29MYR1
32182
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
encourage research into gold coral
biology and prevent overfishing.
Subsequent research found that gold
corals in the U.S. Pacific Islands grow
about 0.22 cm annually and the average
colony age is about 950 years. These
findings confirmed previous
assumptions about gold corals’
vulnerability to overharvesting.
Additionally, researchers found that
gold corals may also rely on the
presence of bamboo coral. Gold coral
larvae may require bamboo coral
colonies as a growth substrate, attaching
themselves to the host colony and
eventually overgrowing it to form a new
gold coral colony. This final rule is
necessary to encourage more research
into gold coral biology and to develop
sustainable management measures.
This final rule extends the
moratorium on harvesting gold corals in
the U.S. Pacific Islands through June 30,
2018. Additional information on this
final rule may be found in the preamble
to the proposed rule (78 FR 18302) and
is not repeated here.
Comments and Responses
On March 26, 2013, NMFS published
a proposed rule and request for public
comments (78 FR 18302); the comment
period ended April 25, 2013. NMFS
received one comment that generally
supported the proposed rule, and no
comments to the contrary.
Changes From the Proposed Rule
tkelley on DSK3SPTVN1PROD with RULES
This final rule contains no changes
from the proposed rule.
VerDate Mar<15>2010
17:39 May 28, 2013
Jkt 229001
Classification
The Regional Administrator, Pacific
Islands Region, NMFS, has determined
that this final rule is necessary for the
conservation and management of Pacific
Island gold coral fisheries, and that it is
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Council for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
PART 665—FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for part 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.
List of Subjects in 50 CFR Part 665
Administrative practice and
procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Northern
Mariana Islands.
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:
Dated: May 23, 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.
§ 665.669
For the reasons set out in the
preamble, NMFS amends 50 CFR part
665 as follows:
PO 00000
Frm 00116
Fmt 4700
Sfmt 9990
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. 2013–12743 Filed 5–28–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\29MYR1.SGM
29MYR1
]]>Agencies
[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32181-32182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12743]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 130103006-3477-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule extends the region-wide moratorium on the
harvest of gold corals in the U.S. Pacific Islands through June 30,
2018. NMFS intends this final rule to prevent overfishing and to
stimulate research on gold corals.
DATES: This rule is effective June 28, 2013.
ADDRESSES: Background information on Pacific Island precious coral
fisheries is found in the western Pacific fishery ecosystem plans,
available from the Western Pacific Fishery Management Council
(Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Lewis Van Fossen, NMFS PIR Sustainable
Fisheries, 808-541-1378.
SUPPLEMENTARY INFORMATION: Precious corals (also called deep-sea
corals), including gold corals, are used in high-quality jewelry. NMFS
and the Council manage precious corals under fishery ecosystem plans
for American Samoa, Hawaii, the Mariana Islands (Guam and the Northern
Mariana Islands), and the U.S. Pacific Remote Island Areas. On
September 12, 2008, NMFS established a 5-year moratorium on the harvest
of gold corals in U.S. Pacific Islands (73 FR 47098). The moratorium
was based on information that gold corals grew much more slowly and
lived longer than previously thought, suggesting that these species
were vulnerable to overharvest. NMFS and the Council intended the
harvest moratorium to
[[Page 32182]]
encourage research into gold coral biology and prevent overfishing.
Subsequent research found that gold corals in the U.S. Pacific
Islands grow about 0.22 cm annually and the average colony age is about
950 years. These findings confirmed previous assumptions about gold
corals' vulnerability to overharvesting. Additionally, researchers
found that gold corals may also rely on the presence of bamboo coral.
Gold coral larvae may require bamboo coral colonies as a growth
substrate, attaching themselves to the host colony and eventually
overgrowing it to form a new gold coral colony. This final rule is
necessary to encourage more research into gold coral biology and to
develop sustainable management measures.
This final rule extends the moratorium on harvesting gold corals in
the U.S. Pacific Islands through June 30, 2018. Additional information
on this final rule may be found in the preamble to the proposed rule
(78 FR 18302) and is not repeated here.
Comments and Responses
On March 26, 2013, NMFS published a proposed rule and request for
public comments (78 FR 18302); the comment period ended April 25, 2013.
NMFS received one comment that generally supported the proposed rule,
and no comments to the contrary.
Changes From the Proposed Rule
This final rule contains no changes from the proposed rule.
Classification
The Regional Administrator, Pacific Islands Region, NMFS, has
determined that this final rule is necessary for the conservation and
management of Pacific Island gold coral fisheries, and that it is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Northern Mariana Islands.
Dated: May 23, 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, NMFS amends 50 CFR part
665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for part 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. 2013-12743 Filed 5-28-13; 8:45 am]
BILLING CODE 3510-22-P
