Pacific Island Fisheries; 2014-15 Annual Catch Limits and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish, 22158-22161 [2015-09055]
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules
limit and the filleting requirements for
caught tuna, which affects only
individual recreational anglers.
Recreational anglers, by definition, may
not sell catch, and thus are not
considered to be a business. Because
recreational anglers are not considered
to be a small entity under the RFA, the
economic effects of this proposed rule
on these anglers are outside the scope of
the RFA. Although the for-hire sector of
the sport fishery may experience
indirect economic impacts due to the
imposition of reduced daily bag and
possession limits, those impacts are not
required elements of the RFA analysis
for this action.
Because this proposed rule, if
implemented, would not be expected to
have a significant direct adverse
economic effect on a substantial number
of small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
Paperwork Reduction Act
There are no new collection-ofinformation requirements associated
with this action that are subject to the
Paperwork Reduction Act, existing
collection-of-information requirements
associated with the U.S. West Coast
Highly Migratory Species Fishery
Management Plan still apply. These
existing requirements have been
approved by the Office of Management
and Budget under Control Number
0648–0204.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: April 15, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be amended as follows:
PART 660—FISHERIES OFF THE WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Washington and for bluefin tuna in the
U.S. EEZ off the coast of California. In
addition to individual fishermen, the
operator of a U.S. sportsfishing vessel
that fishes for albacore or bluefin tuna
is responsible for ensuring that the bag
and possession limits of this section are
not exceeded. The bag limits of this
section apply on the basis of each 24hour period at sea, regardless of the
number of trips per day. The provisions
of this section do not authorize any
person to take and retain more than one
daily bag limit of fish during 1 calendar
day. Federal recreational HMS
regulations are not intended to
supersede any more restrictive state
recreational HMS regulations relating to
federally-managed HMS.
(a) Albacore Tuna Daily Bag Limit.
Except pursuant to a multi-day
possession permit referenced in
paragraph (c) of this section, a
recreational fisherman may take and
retain, or possess onboard no more than:
*
*
*
*
*
(b) Bluefin Tuna Daily Bag Limit. A
recreational fisherman may take and
retain, or possess on board no more than
two bluefin tuna during any part of a
fishing trip that occurs in the U.S. EEZ
off California south of a line running
due west true from the CaliforniaOregon border [42°00′ N. latitude].
*
*
*
*
*
(e) Restrictions on Filleting of Tuna
South of Point Conception. South of a
line running due west true from Point
Conception, Santa Barbara County
(34°27′ N. latitude) to the U.S.-Mexico
border, any tuna that has been filleted
must be individually bagged as follows:
(1) The bag must be marked with the
species’ common name, and
(2) the fish must be cut into the
following six pieces with all skin
attached: the four loins, the collar
removed as one piece with both pectoral
fins attached and intact, and the belly
cut to include the vent and with both
pelvic fins attached and intact.
[FR Doc. 2015–09093 Filed 4–20–15; 8:45 am]
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
BILLING CODE 3510–22–P
2. In § 660.721, revise the section
heading, introductory text, paragraph (a)
introductory text and paragraph (b), and
add paragraph (e) to read as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
■
§ 660.721 Recreational fishing bag limits
and filleting requirements.
This section applies to recreational
fishing for albacore tuna in the U.S. EEZ
off the coast of California, Oregon, and
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 140113035–5354–01]
RIN 0648–XD082
Pacific Island Fisheries; 2014–15
Annual Catch Limits and
Accountability Measures; Main
Hawaiian Islands Deep 7 Bottomfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed specifications; request
for comments.
AGENCY:
NMFS proposes to specify an
annual catch limit (ACL) of 346,000 lb
for Deep 7 bottomfish in the main
Hawaiian Islands (MHI) for the 2014–15
fishing year. If the ACL is projected to
be reached, NMFS would close the
commercial and non-commercial
fisheries for MHI Deep 7 bottomfish for
the remainder of the fishing year. The
proposed specifications and fishery
closure support the long-term
sustainability of Hawaii bottomfish.
DATES: NMFS must receive comments
by May 6, 2015.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2013–0174, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130174, 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), 1845 Wasp Blvd. Bldg.
176, Honolulu, HI 96818.
Instructions: NMFS may not consider
comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period. 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
SUMMARY:
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules
the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808–725–5176.
SUPPLEMENTARY INFORMATION: The
bottomfish fishery in Federal waters
around Hawaii is managed under the
Fishery Ecosystem Plan for the
Hawaiian Archipelago (Hawaii FEP),
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). The
regulations at Title 50, Code of Federal
Regulations, Part 665 (50 CFR 665.4)
require NMFS to specify an ACL for
MHI Deep 7 bottomfish each fishing
year, based on a recommendation from
the Council. The Deep 7 bottomfish are
onaga (Etelis coruscans), ehu (E.
carbunculus), gindai (Pristipomoides
zonatus), kalekale (P. sieboldii),
opakapaka (P. filamentosus), lehi
(Aphareus rutilans), and hapuupuu
(Epinephelus quernus).
NMFS proposes to specify an ACL of
346,000 lb of Deep 7 bottomfish in the
MHI for the 2014–15 fishing year. The
Council recommended the ACL at its
160th and 161st meetings held in June
and October 2014, respectively. The
proposed specification is identical to
the ACL that NMFS specified for the
past three consecutive fishing years (i.e.,
2011–12, 2012–13, and 2013–14). NMFS
monitors Deep 7 bottomfish catches
based on data provided by commercial
fishermen to the State of Hawaii. If
NMFS projects the fishery will reach
this limit, NMFS would close the
commercial and non-commercial
fisheries for MHI Deep 7 bottomfish for
the remainder of the fishing year, as an
accountability measure (AM). In
addition, if NMFS and the Council
determine that the final 2014–15 Deep
7 bottomfish catch exceeds the ACL,
NMFS would reduce the Deep 7
bottomfish ACL for the 2015–16 fishing
year by the amount of the overage. The
fishery did not attain the specified ACL
in 2011–12, 2012–13, or 2013–14, and
NMFS does not anticipate the fishery
will attain the limit in the current
fishing year, which began on September
1, 2014, and ends on August 31, 2015.
The Council recommended the ACL
and AMs based on a 2011 NMFS
bottomfish stock assessment, and in
consideration of the risk of overfishing,
past fishery performance, the acceptable
biological catch (ABC) recommendation
from its Scientific and Statistical
Committee (SSC), and input from the
public. The 2011 NMFS bottomfish
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stock assessment estimates the
overfishing limit (OFL) for the MHI
Deep 7 bottomfish stock complex to be
383,000 lb. The proposed ACL of
346,000 lb is equal to the SSC’s ABC
recommendation, and is associated with
a 41 percent probability of overfishing.
This risk level is more conservative than
the 50 percent risk threshold allowed
under NMFS guidelines for National
Standard 1 of the Magnuson-Stevens
Act.
The Council also considered the
results of a NMFS draft 2014 stock
assessment update that used the
previous 2011 stock assessment’s
methods for data analysis, modeling,
and stock projections, with one
improvement—it included the State of
Hawaii’s commercial marine license
(CML) data as a variable to standardize
catch-per-unit of effort (CPUE) from
1994 to 2013. The State began issuing
CMLs uniquely and consistently to
individuals through time starting in
1994. Therefore, beginning in 1994 the
CML number assigned to an individual
has remained the same, allowing NMFS
to improve CPUE standardization from
that year onward. However, the Council
did not base its ACL recommendation
on the 2014 assessment update because
the Council had a number of questions
and concerns regarding the application
of the new CPUE standardization
methods. The Council also
recommended the 2014 assessment be
independently reviewed.
In December 2014, PIFSC contracted
the Center for Independent Experts (CIE)
to review a final draft of the 2014 stock
assessment update. The CIE panel found
that including individual CML data as a
variable to standardize CPUE over time
was an improvement over the method
used in the 2011 stock assessment.
However, the CIE panel had strong
reservations regarding the quality of
input catch data and CPUE index of
abundance used in both the 2011 and
2014 stock assessments. Specifically,
the panel raised concern about the pre1990 data for CPUE calculation and
estimates of unreported catch.
Given the concerns with the
incomplete effort information, the CIE
panel concluded that the 2014 stock
assessment had serious flaws that
compromised its utility for
management. In particular, the CIE
panel noted that because the 2014 stock
assessment was an update only, and
required improvements in the index and
the population model, the science
reviewed in the 2014 stock assessment
is not considered the best available. The
reports of the CIE reviewers are
available on NMFS Web site at https://
www.st.nmfs.noaa.gov/science-quality-
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assurance/cie-peer-reviews/cie-review2015.
In March 2015, the NMFS Pacific
Island Fisheries Science Center (PIFSC)
outlined the reasons why the fisheries
data in the 2014 assessment produced
results that the CIE panel advised were
not ready for management application,
and identified two ways in which the
fisheries data can be improved for future
application in the new CPUE
standardization method, as follows:
1. Although catch per day fished is
the best available CPUE that is available
continuously over the whole time series
(1949–2013), it may not be the best
available over the most recent time
series (1994–2013). If the time series is
to be split with CPUE issues addressed
differently before and after the split, one
could also analyze and include detailed
effort data that has been collected only
for the last dozen years. These data
could strongly influence recent trends.
Because it is a complex undertaking,
PIFSC did not see this as work that
could be done as a simple update in
2014.
The use of CPUE defined as catch per
day fished is subject to great criticism,
and one way to address this is by using
details about hours and numbers of
lines and/or hooks used by fishermen
over the last dozen years. Only
inexplicit, undescribed differences
among fishermen linked through time
were applied to the recent stanza (1993–
2013) in the 2014 CPUE standardization.
Using the recent effort detail would still
allow differences between individual
fishermen to be standardized, and also
allow changes in effort details through
time, to be addressed. Both were factors
of great concern to the reviewers.
Differences among areas and seasons
and other such factors that can be
applied throughout the whole time
series have remained part of the CPUE
standardization in both 2011 and 2014.
2. Further efforts could be made to
apply the CPUE standardization to
account for differences among
fishermen to more data using various
exploratory methods and other data sets.
The 2014 assessment overlooked a
compilation of confidential nonelectronic records held by the State of
Hawaii that may help to link fishermen
identities back through an earlier stanza
of time.
Although the CIE panel noted the
improvement in catch rate
standardization in the 2014 stock
assessment compared to 2011, it had
strong reservations regarding the input
catch data in both stock assessments.
However, because it is a complex
undertaking, PIFSC cannot improve the
assessment for MHI Deep 7 bottomfish
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in the ways described above for the
current fishing year.
PIFSC believes that a simpler update
of the 2011 assessment using data from
the three most recent years available
(i.e., 2011–2013) provides the best
scientific information available for
management. However, this information
was not available at the June and
October 2014 SSC and Council meetings
when these bodies provided their
respective ABC and ACL
recommendations to NMFS for the
ongoing fishing year. Moreover, because
the 118th SSC and the 162nd Council
were scheduled to meet starting on
March 10 and March 16, 2015,
respectively, there was insufficient time
to publish a notice in the Federal
Register revising the meeting agendas to
include an action item to revisit the SSC
and Council’s 2014–15 ABC/ACL
recommendation of 346,000 lb.
While NMFS will add this topic as an
action item to be discussed at the June
2015 SSC and Council meetings, it is
unlikely NMFS could implement a
revised ABC/ACL recommendation for
the 2014–15 fishing year, as the season
will end on August 31, 2015. The
National Standard 2 Guidelines, 50 CFR
600.315(a)(6)(v), recognize that data
collection is a continuous process, and
that new information that cannot be
considered in decision-making may be
reserved for use in subsequent updates.
For these reasons, NMFS proposes to
implement the recommended ACL of
346,000 lb for the 2014–15 fishing year.
NMFS will request the SSC and Council
to consider in June 2015 the new
information when recommending an
ABC and ACL for the 2015–16 fishing
year, which begins on September 1,
2015.
NMFS does not expect the proposed
ACL and AM specifications for 2014–15
to result in a change in fishing
operations or other changes to the
conduct of the fishery that would result
in significant environmental impacts.
After considering public comments on
the proposed ACL and AMs, NMFS will
publish the final specifications.
To be considered, NMFS must receive
any comments on these proposed
specifications by May 6, 2015, 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
Hawaii FEP, other provisions of the
Magnuson-Stevens Act, and other
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17:28 Apr 20, 2015
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applicable laws, subject to further
consideration after public comment.
This action is exempt from review
under Executive Order 12866.
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 these proposed
specifications.
NMFS proposes to specify an annual
catch limit (ACL) of 346,000 lb for Main
Hawaiian Islands (MHI) Deep 7
bottomfish for the 2014–15 fishing year,
as recommended by the Western Pacific
Fishery Management Council (Council).
NMFS monitors MHI Deep 7 bottomfish
catches based on data provided by
commercial fishermen to the State of
Hawaii. If NMFS projects the fishery to
reach this limit, NMFS, as an
accountability measure (AM), would
close the commercial and noncommercial fisheries for MHI Deep 7
bottomfish for the remainder of the
fishing year. The proposed ACL and AM
specifications are identical to those that
NMFS implemented for the past three
consecutive fishing years, (i.e., 2011–12,
2012–13 and 2013–14). The fishery did
not reach the ACL in any of those past
three fishing years, and NMFS does not
expect the fishery to reach the ACL in
the 2014–15 fishing year, which began
on September 1, 2014 and will end on
August 31, 2015.
This rule would impact vessels in the
commercial and non-commercial
fisheries for MHI Deep 7 bottomfish. In
the previous fishing year (2013–14), 419
fishermen reported landing 309,485 lb
of Deep 7 bottomfish. On June 12, 2014,
the Small Business Administration
issued an interim final rule revising
small business size standards (79 FR
33647). The rule increased the size
standard for Finfish Fishing to $20.5
million. Based on available information,
NMFS has determined that all vessels in
the commercial and non-commercial
fisheries for MHI Deep 7 bottomfish are
small entities under the Small Business
Administration’s definition of a small
entity. That is, they are engaged in the
business of fish harvesting,
independently owned or operated, not
dominant in their field of operation, and
have annual gross receipts not in excess
of $20.5 million, the small business size
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standard for finfish fishing. Therefore,
there would be no disproportionate
economic impacts between large and
small entities. Furthermore, there are
would be no disproportionate economic
impacts among the universe of vessels
based on gear, home port, or vessel
length.
As for the revenues earned by Deep 7
bottomfish fishermen, State of Hawaii
records report 343 of the 419 fishermen
sold their Deep 7 bottomfish catch.
These 343 individuals sold a combined
total of 269,571 lb (87% of reported
catch) at a value of $1,798,713. Based on
these revenues, the average price for
MHI Deep 7 bottomfish in 2013–14 was
approximately $6.67/lb. NMFS assumes
that the remaining 76 commercial
fishermen either sold no fish or the
State of Hawaii reporting program did
not capture their sales.
Assuming the fishery attains the ACL
of 346,000 in 2014–15, using the 2013–
14 average price of $6.67, the potential
fleet wide revenue during 2014–15 is
expected to be $2,307,820 ($2,007,803
under the assumption that 87% of catch
is sold). If the same number of
fishermen sell MHI Deep 7 bottomfish
in 2014–15 as in 2013–14, each of these
343 commercial fishermen could
potentially sell an average of 1,008.8 lb
(878.6 lb if 87% of potential catch is
sold) of MHI Deep 7 bottomfish valued
at $6,728.34 ($5,860.33 if 87% of
potential catch is sold) per individual.
In general, the relative importance of
MHI bottomfish to commercial
participants as a percentage of overall
fishing or household income is
unknown, as the total suite of fishing
and other income-generating activities
by individual operations across the year
has not been examined.
In terms of scenarios immediately
beyond the 2014–15 fishing year, three
possible outcomes may occur. First, if
fishery does not reach the ACL in 2014–
15, the ACL could remain the same for
the 2015–16 fishing year. Second, if the
fishery exceeds the ACL for the 2014–
15 fishing year, NMFS would reduce the
Deep 7 bottomfish ACL for the 2015–16
fishing year by the amount of the
overage. The last possible scenario is
one where NMFS would prepare a new
stock assessment or update that NMFS
and the Council would use to set a new
2015–2016 ACL (without inclusion of
any overage, even if catch exceeds ACL
for the 2014–15 fishing year).
Even though this proposed
specification would apply to a
substantial number of vessels, i.e., 100
percent of the bottomfish fleet, NMFS
does not expect the rule will have a
significantly adverse economic impact
to individual vessels. Landings
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information from the 2013–14 fishing
year, and from the catch to date in the
2014–15 fishing year, suggest that Deep
7 bottomfish landings are not likely to
exceed the ACL proposed for 2014–15.
Therefore, pursuant to the Regulatory
Flexibility Act, this proposed action
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would not have a significant economic
impact on a substantial number of small
entities. As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
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22161
Dated: April 15, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–09055 Filed 4–20–15; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Proposed Rules]
[Pages 22158-22161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09055]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 140113035-5354-01]
RIN 0648-XD082
Pacific Island Fisheries; 2014-15 Annual Catch Limits and
Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to specify an annual catch limit (ACL) of
346,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for
the 2014-15 fishing year. If the ACL is projected to be reached, NMFS
would close the commercial and non-commercial fisheries for MHI Deep 7
bottomfish for the remainder of the fishing year. The proposed
specifications and fishery closure support the long-term sustainability
of Hawaii bottomfish.
DATES: NMFS must receive comments by May 6, 2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0174, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0174, 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), 1845 Wasp
Blvd. Bldg. 176, Honolulu, HI 96818.
Instructions: NMFS may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. 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
[[Page 22159]]
the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808-725-5176.
SUPPLEMENTARY INFORMATION: The bottomfish fishery in Federal waters
around Hawaii is managed under the Fishery Ecosystem Plan for the
Hawaiian Archipelago (Hawaii FEP), 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). The regulations at Title 50, Code of
Federal Regulations, Part 665 (50 CFR 665.4) require NMFS to specify an
ACL for MHI Deep 7 bottomfish each fishing year, based on a
recommendation from the Council. The Deep 7 bottomfish are onaga
(Etelis coruscans), ehu (E. carbunculus), gindai (Pristipomoides
zonatus), kalekale (P. sieboldii), opakapaka (P. filamentosus), lehi
(Aphareus rutilans), and hapuupuu (Epinephelus quernus).
NMFS proposes to specify an ACL of 346,000 lb of Deep 7 bottomfish
in the MHI for the 2014-15 fishing year. The Council recommended the
ACL at its 160th and 161st meetings held in June and October 2014,
respectively. The proposed specification is identical to the ACL that
NMFS specified for the past three consecutive fishing years (i.e.,
2011-12, 2012-13, and 2013-14). NMFS monitors Deep 7 bottomfish catches
based on data provided by commercial fishermen to the State of Hawaii.
If NMFS projects the fishery will reach this limit, NMFS would close
the commercial and non-commercial fisheries for MHI Deep 7 bottomfish
for the remainder of the fishing year, as an accountability measure
(AM). In addition, if NMFS and the Council determine that the final
2014-15 Deep 7 bottomfish catch exceeds the ACL, NMFS would reduce the
Deep 7 bottomfish ACL for the 2015-16 fishing year by the amount of the
overage. The fishery did not attain the specified ACL in 2011-12, 2012-
13, or 2013-14, and NMFS does not anticipate the fishery will attain
the limit in the current fishing year, which began on September 1,
2014, and ends on August 31, 2015.
The Council recommended the ACL and AMs based on a 2011 NMFS
bottomfish stock assessment, and in consideration of the risk of
overfishing, past fishery performance, the acceptable biological catch
(ABC) recommendation from its Scientific and Statistical Committee
(SSC), and input from the public. The 2011 NMFS bottomfish stock
assessment estimates the overfishing limit (OFL) for the MHI Deep 7
bottomfish stock complex to be 383,000 lb. The proposed ACL of 346,000
lb is equal to the SSC's ABC recommendation, and is associated with a
41 percent probability of overfishing. This risk level is more
conservative than the 50 percent risk threshold allowed under NMFS
guidelines for National Standard 1 of the Magnuson-Stevens Act.
The Council also considered the results of a NMFS draft 2014 stock
assessment update that used the previous 2011 stock assessment's
methods for data analysis, modeling, and stock projections, with one
improvement--it included the State of Hawaii's commercial marine
license (CML) data as a variable to standardize catch-per-unit of
effort (CPUE) from 1994 to 2013. The State began issuing CMLs uniquely
and consistently to individuals through time starting in 1994.
Therefore, beginning in 1994 the CML number assigned to an individual
has remained the same, allowing NMFS to improve CPUE standardization
from that year onward. However, the Council did not base its ACL
recommendation on the 2014 assessment update because the Council had a
number of questions and concerns regarding the application of the new
CPUE standardization methods. The Council also recommended the 2014
assessment be independently reviewed.
In December 2014, PIFSC contracted the Center for Independent
Experts (CIE) to review a final draft of the 2014 stock assessment
update. The CIE panel found that including individual CML data as a
variable to standardize CPUE over time was an improvement over the
method used in the 2011 stock assessment. However, the CIE panel had
strong reservations regarding the quality of input catch data and CPUE
index of abundance used in both the 2011 and 2014 stock assessments.
Specifically, the panel raised concern about the pre-1990 data for CPUE
calculation and estimates of unreported catch.
Given the concerns with the incomplete effort information, the CIE
panel concluded that the 2014 stock assessment had serious flaws that
compromised its utility for management. In particular, the CIE panel
noted that because the 2014 stock assessment was an update only, and
required improvements in the index and the population model, the
science reviewed in the 2014 stock assessment is not considered the
best available. The reports of the CIE reviewers are available on NMFS
Web site at https://www.st.nmfs.noaa.gov/science-quality-assurance/cie-peer-reviews/cie-review-2015.
In March 2015, the NMFS Pacific Island Fisheries Science Center
(PIFSC) outlined the reasons why the fisheries data in the 2014
assessment produced results that the CIE panel advised were not ready
for management application, and identified two ways in which the
fisheries data can be improved for future application in the new CPUE
standardization method, as follows:
1. Although catch per day fished is the best available CPUE that is
available continuously over the whole time series (1949-2013), it may
not be the best available over the most recent time series (1994-2013).
If the time series is to be split with CPUE issues addressed
differently before and after the split, one could also analyze and
include detailed effort data that has been collected only for the last
dozen years. These data could strongly influence recent trends. Because
it is a complex undertaking, PIFSC did not see this as work that could
be done as a simple update in 2014.
The use of CPUE defined as catch per day fished is subject to great
criticism, and one way to address this is by using details about hours
and numbers of lines and/or hooks used by fishermen over the last dozen
years. Only inexplicit, undescribed differences among fishermen linked
through time were applied to the recent stanza (1993-2013) in the 2014
CPUE standardization. Using the recent effort detail would still allow
differences between individual fishermen to be standardized, and also
allow changes in effort details through time, to be addressed. Both
were factors of great concern to the reviewers. Differences among areas
and seasons and other such factors that can be applied throughout the
whole time series have remained part of the CPUE standardization in
both 2011 and 2014.
2. Further efforts could be made to apply the CPUE standardization
to account for differences among fishermen to more data using various
exploratory methods and other data sets. The 2014 assessment overlooked
a compilation of confidential non-electronic records held by the State
of Hawaii that may help to link fishermen identities back through an
earlier stanza of time.
Although the CIE panel noted the improvement in catch rate
standardization in the 2014 stock assessment compared to 2011, it had
strong reservations regarding the input catch data in both stock
assessments. However, because it is a complex undertaking, PIFSC cannot
improve the assessment for MHI Deep 7 bottomfish
[[Page 22160]]
in the ways described above for the current fishing year.
PIFSC believes that a simpler update of the 2011 assessment using
data from the three most recent years available (i.e., 2011-2013)
provides the best scientific information available for management.
However, this information was not available at the June and October
2014 SSC and Council meetings when these bodies provided their
respective ABC and ACL recommendations to NMFS for the ongoing fishing
year. Moreover, because the 118th SSC and the 162nd Council were
scheduled to meet starting on March 10 and March 16, 2015,
respectively, there was insufficient time to publish a notice in the
Federal Register revising the meeting agendas to include an action item
to revisit the SSC and Council's 2014-15 ABC/ACL recommendation of
346,000 lb.
While NMFS will add this topic as an action item to be discussed at
the June 2015 SSC and Council meetings, it is unlikely NMFS could
implement a revised ABC/ACL recommendation for the 2014-15 fishing
year, as the season will end on August 31, 2015. The National Standard
2 Guidelines, 50 CFR 600.315(a)(6)(v), recognize that data collection
is a continuous process, and that new information that cannot be
considered in decision-making may be reserved for use in subsequent
updates. For these reasons, NMFS proposes to implement the recommended
ACL of 346,000 lb for the 2014-15 fishing year. NMFS will request the
SSC and Council to consider in June 2015 the new information when
recommending an ABC and ACL for the 2015-16 fishing year, which begins
on September 1, 2015.
NMFS does not expect the proposed ACL and AM specifications for
2014-15 to result in a change in fishing operations or other changes to
the conduct of the fishery that would result in significant
environmental impacts. After considering public comments on the
proposed ACL and AMs, NMFS will publish the final specifications.
To be considered, NMFS must receive any comments on these proposed
specifications by May 6, 2015, 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 Hawaii FEP, other
provisions of the Magnuson-Stevens Act, and other applicable laws,
subject to further consideration after public comment.
This action is exempt from review under Executive Order 12866.
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 these proposed
specifications.
NMFS proposes to specify an annual catch limit (ACL) of 346,000 lb
for Main Hawaiian Islands (MHI) Deep 7 bottomfish for the 2014-15
fishing year, as recommended by the Western Pacific Fishery Management
Council (Council). NMFS monitors MHI Deep 7 bottomfish catches based on
data provided by commercial fishermen to the State of Hawaii. If NMFS
projects the fishery to reach this limit, NMFS, as an accountability
measure (AM), would close the commercial and non-commercial fisheries
for MHI Deep 7 bottomfish for the remainder of the fishing year. The
proposed ACL and AM specifications are identical to those that NMFS
implemented for the past three consecutive fishing years, (i.e., 2011-
12, 2012-13 and 2013-14). The fishery did not reach the ACL in any of
those past three fishing years, and NMFS does not expect the fishery to
reach the ACL in the 2014-15 fishing year, which began on September 1,
2014 and will end on August 31, 2015.
This rule would impact vessels in the commercial and non-commercial
fisheries for MHI Deep 7 bottomfish. In the previous fishing year
(2013-14), 419 fishermen reported landing 309,485 lb of Deep 7
bottomfish. On June 12, 2014, the Small Business Administration issued
an interim final rule revising small business size standards (79 FR
33647). The rule increased the size standard for Finfish Fishing to
$20.5 million. Based on available information, NMFS has determined that
all vessels in the commercial and non-commercial fisheries for MHI Deep
7 bottomfish are small entities under the Small Business
Administration's definition of a small entity. That is, they are
engaged in the business of fish harvesting, independently owned or
operated, not dominant in their field of operation, and have annual
gross receipts not in excess of $20.5 million, the small business size
standard for finfish fishing. Therefore, there would be no
disproportionate economic impacts between large and small entities.
Furthermore, there are would be no disproportionate economic impacts
among the universe of vessels based on gear, home port, or vessel
length.
As for the revenues earned by Deep 7 bottomfish fishermen, State of
Hawaii records report 343 of the 419 fishermen sold their Deep 7
bottomfish catch. These 343 individuals sold a combined total of
269,571 lb (87% of reported catch) at a value of $1,798,713. Based on
these revenues, the average price for MHI Deep 7 bottomfish in 2013-14
was approximately $6.67/lb. NMFS assumes that the remaining 76
commercial fishermen either sold no fish or the State of Hawaii
reporting program did not capture their sales.
Assuming the fishery attains the ACL of 346,000 in 2014-15, using
the 2013-14 average price of $6.67, the potential fleet wide revenue
during 2014-15 is expected to be $2,307,820 ($2,007,803 under the
assumption that 87% of catch is sold). If the same number of fishermen
sell MHI Deep 7 bottomfish in 2014-15 as in 2013-14, each of these 343
commercial fishermen could potentially sell an average of 1,008.8 lb
(878.6 lb if 87% of potential catch is sold) of MHI Deep 7 bottomfish
valued at $6,728.34 ($5,860.33 if 87% of potential catch is sold) per
individual.
In general, the relative importance of MHI bottomfish to commercial
participants as a percentage of overall fishing or household income is
unknown, as the total suite of fishing and other income-generating
activities by individual operations across the year has not been
examined.
In terms of scenarios immediately beyond the 2014-15 fishing year,
three possible outcomes may occur. First, if fishery does not reach the
ACL in 2014-15, the ACL could remain the same for the 2015-16 fishing
year. Second, if the fishery exceeds the ACL for the 2014-15 fishing
year, NMFS would reduce the Deep 7 bottomfish ACL for the 2015-16
fishing year by the amount of the overage. The last possible scenario
is one where NMFS would prepare a new stock assessment or update that
NMFS and the Council would use to set a new 2015-2016 ACL (without
inclusion of any overage, even if catch exceeds ACL for the 2014-15
fishing year).
Even though this proposed specification would apply to a
substantial number of vessels, i.e., 100 percent of the bottomfish
fleet, NMFS does not expect the rule will have a significantly adverse
economic impact to individual vessels. Landings
[[Page 22161]]
information from the 2013-14 fishing year, and from the catch to date
in the 2014-15 fishing year, suggest that Deep 7 bottomfish landings
are not likely to exceed the ACL proposed for 2014-15.
Therefore, pursuant to the Regulatory Flexibility Act, this
proposed action would not have a significant economic impact on a
substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 15, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-09055 Filed 4-20-15; 8:45 am]
BILLING CODE 3510-22-P
