Pacific Island Fisheries; 2015-16 Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish, 8884-8885 [2016-03673]
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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Proposed Rules
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asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: February 16, 2016.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–03638 Filed 2–22–16; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
16:43 Feb 22, 2016
Jkt 238001
50 CFR Part 665
[Docket No. 150715616–6097–01]
RIN 0648–XE062
Pacific Island Fisheries; 2015–16
Annual Catch Limit 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 326,000 lb
for Deep 7 bottomfish in the main
Hawaiian Islands (MHI) for the 2015–16
fishing year, which began on September
1, 2015, and ends on August 31, 2016.
If the ACL is projected to be reached, as
an accountability measure (AM), NMFS
would close the commercial and noncommercial fisheries for MHI Deep 7
bottomfish for the remainder of the
fishing year. The proposed ACL and AM
support the long-term sustainability of
Hawaii bottomfish.
DATES: NMFS must receive comments
by March 9, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2015–0090, 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-20150090, 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
SUMMARY:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Matt
Dunlap, NMFS PIR Sustainable
Fisheries, 808–725–5177.
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
(Hyporthodus quernus).
NMFS proposes to specify an ACL of
326,000 lb of Deep 7 bottomfish in the
MHI for the 2015–16 fishing year. The
Council recommended the ACL at its
163rd meeting held in June 2015. The
proposed specification is 20,000 lb less
than the ACL that NMFS specified for
the past four consecutive fishing years
(i.e., 2011–12, 2012–13, 2013–14, and
2014–15). 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 noncommercial 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
2015–16 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 fishing years from
September 2011 to August 2015, and
NMFS does not anticipate the fishery
will attain the limit in the current
fishing year, which began on September
1, 2015, and ends on August 31, 2016.
The Council recommended the ACL
and AMs based on a 2011 NMFS
bottomfish stock assessment updated
with three additional years of data, and
in consideration of the risk of
overfishing, past fishery performance,
the acceptable biological catch (ABC)
recommendation from its Scientific and
E:\FR\FM\23FEP1.SGM
23FEP1
Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Proposed Rules
Statistical Committee (SSC), and input
from the public. The 2011 NMFS
bottomfish stock assessment updated
with three additional years of data
estimates the overfishing limit (OFL) for
the MHI Deep 7 bottomfish stock
complex to be 352,000 lb. The proposed
ACL of 326,000 lb is equal to the SSC’s
ABC recommendation, and is associated
with a 44-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.
NMFS does not expect the proposed
ACL and AM specifications for 2015–16
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 March 9, 2016, not
postmarked or otherwise transmitted by
that date.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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 326,000 lb for Main
Hawaiian Islands (MHI) Deep 7
bottomfish for the 2015–16 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 and when the fishery is
projected to reach this limit, NMFS, as
VerDate Sep<11>2014
16:43 Feb 22, 2016
Jkt 238001
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 is
20,000 lb less than those that NMFS
implemented for the previous four
fishing years, while the AM will remain
the same. Over the past four fishing
seasons, the highest reported annual
landings, 309,485 lb, occurred during
the 2013–2014 fishing year. NMFS does
not expect the fishery to reach the
proposed ACL in the 2015–16 fishing
year, which began on September 1,
2015, and will end on August 31, 2016.
This rule would affect participants in
the commercial and non-commercial
fisheries for MHI Deep 7 bottomfish.
During the 2014–15 fishing year, 405
fishermen reported landing 303,738 lb
of Deep 7 bottomfish (https://
www.wpcouncil.org/wp-content/
uploads/2013/04/MHI201500904_1415_
Sum.pdf, accessed September 11, 2015).
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 (NAICS
Code: 114111). 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 revenues earned by fishermen
from Deep 7 bottomfish, State of Hawaii
records report 341 of the 405 fishermen
sold their Deep 7 bottomfish catch.
These 341 individuals sold a combined
total of 267,997 lb (88.2% of reported
catch) at a value of $1,815,332. Based on
these revenues, the average price for
MHI Deep 7 bottomfish in 2014–15 was
approximately $6.77/lb. NMFS assumes
the remaining 64 commercial fishermen
either sold no Deep 7 bottomfish or that
the State of Hawaii reporting program
did not capture their sales.
Assuming the fishery attains the ACL
of 326,000 in 2015–16, using the 2014–
15 average price of $6.77/lb, the
potential fleet wide revenue during
2015–16 is expected to be $2,207,020
($1,946,592 under the assumption that
88.2% of catch is sold). If the same
number of fishermen sell MHI Deep 7
bottomfish in 2015–16 as in 2014–15,
PO 00000
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Fmt 4702
Sfmt 9990
8885
each of these 341 commercial fishermen
could potentially sell an average of 956
lb of Deep 7 bottomfish valued at
$6,472, if all Deep 7 bottomfish caught
were sold. If 88.2% of all Deep 7
bottomfish that had been caught had
been sold, then these 341 commercial
fishermen could potentially sell an
average of 843 lb of Deep 7 bottomfish
valued at $5,708.
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 2015–16 fishing year, three
possible outcomes may occur. First, in
the event that 2015–16 catch does not
reach 326,000 lb, the ACL will decrease
by 8,000 lb for the 2016–2017 fishing
year, as set by the multi-year
specification. Second, if the fishery
exceeds the ACL for the 2015–16 fishing
year, NMFS would reduce the Deep 7
bottomfish ACL for the 2016–17 fishing
year by the amount of the overage, in
addition to the 8,000 lb reduction for
the 2016–17 fishing year. 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 2016–2017 ACL
(without inclusion of any overage, even
if catch exceeds ACL for the 2015–16
fishing year), although this is unlikely,
because NMFS plans to undertake the
next stock assessment in 2018.
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
information from the past four fishing
years, suggest that Deep 7 bottomfish
landings are not likely to exceed the
ACL proposed for 2015–16.
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: February 12, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–03673 Filed 2–22–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Proposed Rules]
[Pages 8884-8885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03673]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 150715616-6097-01]
RIN 0648-XE062
Pacific Island Fisheries; 2015-16 Annual Catch Limit 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
326,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for
the 2015-16 fishing year, which began on September 1, 2015, and ends on
August 31, 2016. If the ACL is projected to be reached, as an
accountability measure (AM), NMFS 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 support the long-term
sustainability of Hawaii bottomfish.
DATES: NMFS must receive comments by March 9, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0090, 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-2015-0090, 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 the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Matt Dunlap, NMFS PIR Sustainable
Fisheries, 808-725-5177.
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 (Hyporthodus quernus).
NMFS proposes to specify an ACL of 326,000 lb of Deep 7 bottomfish
in the MHI for the 2015-16 fishing year. The Council recommended the
ACL at its 163rd meeting held in June 2015. The proposed specification
is 20,000 lb less than the ACL that NMFS specified for the past four
consecutive fishing years (i.e., 2011-12, 2012-13, 2013-14, and 2014-
15). 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 2015-16 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 fishing years from September 2011 to
August 2015, and NMFS does not anticipate the fishery will attain the
limit in the current fishing year, which began on September 1, 2015,
and ends on August 31, 2016.
The Council recommended the ACL and AMs based on a 2011 NMFS
bottomfish stock assessment updated with three additional years of
data, and in consideration of the risk of overfishing, past fishery
performance, the acceptable biological catch (ABC) recommendation from
its Scientific and
[[Page 8885]]
Statistical Committee (SSC), and input from the public. The 2011 NMFS
bottomfish stock assessment updated with three additional years of data
estimates the overfishing limit (OFL) for the MHI Deep 7 bottomfish
stock complex to be 352,000 lb. The proposed ACL of 326,000 lb is equal
to the SSC's ABC recommendation, and is associated with a 44-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.
NMFS does not expect the proposed ACL and AM specifications for
2015-16 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 March 9, 2016, 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 326,000 lb
for Main Hawaiian Islands (MHI) Deep 7 bottomfish for the 2015-16
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 and
when the fishery is projected 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 is 20,000 lb less than those that NMFS
implemented for the previous four fishing years, while the AM will
remain the same. Over the past four fishing seasons, the highest
reported annual landings, 309,485 lb, occurred during the 2013-2014
fishing year. NMFS does not expect the fishery to reach the proposed
ACL in the 2015-16 fishing year, which began on September 1, 2015, and
will end on August 31, 2016.
This rule would affect participants in the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish. During the 2014-15
fishing year, 405 fishermen reported landing 303,738 lb of Deep 7
bottomfish (https://www.wpcouncil.org/wp-content/uploads/2013/04/MHI201500904_1415_Sum.pdf, accessed September 11, 2015). 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
(NAICS Code: 114111). 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 revenues earned by fishermen from Deep 7 bottomfish, State
of Hawaii records report 341 of the 405 fishermen sold their Deep 7
bottomfish catch. These 341 individuals sold a combined total of
267,997 lb (88.2% of reported catch) at a value of $1,815,332. Based on
these revenues, the average price for MHI Deep 7 bottomfish in 2014-15
was approximately $6.77/lb. NMFS assumes the remaining 64 commercial
fishermen either sold no Deep 7 bottomfish or that the State of Hawaii
reporting program did not capture their sales.
Assuming the fishery attains the ACL of 326,000 in 2015-16, using
the 2014-15 average price of $6.77/lb, the potential fleet wide revenue
during 2015-16 is expected to be $2,207,020 ($1,946,592 under the
assumption that 88.2% of catch is sold). If the same number of
fishermen sell MHI Deep 7 bottomfish in 2015-16 as in 2014-15, each of
these 341 commercial fishermen could potentially sell an average of 956
lb of Deep 7 bottomfish valued at $6,472, if all Deep 7 bottomfish
caught were sold. If 88.2% of all Deep 7 bottomfish that had been
caught had been sold, then these 341 commercial fishermen could
potentially sell an average of 843 lb of Deep 7 bottomfish valued at
$5,708.
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 2015-16 fishing year,
three possible outcomes may occur. First, in the event that 2015-16
catch does not reach 326,000 lb, the ACL will decrease by 8,000 lb for
the 2016-2017 fishing year, as set by the multi-year specification.
Second, if the fishery exceeds the ACL for the 2015-16 fishing year,
NMFS would reduce the Deep 7 bottomfish ACL for the 2016-17 fishing
year by the amount of the overage, in addition to the 8,000 lb
reduction for the 2016-17 fishing year. 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 2016-2017 ACL (without inclusion
of any overage, even if catch exceeds ACL for the 2015-16 fishing
year), although this is unlikely, because NMFS plans to undertake the
next stock assessment in 2018.
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 information from the
past four fishing years, suggest that Deep 7 bottomfish landings are
not likely to exceed the ACL proposed for 2015-16.
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: February 12, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-03673 Filed 2-22-16; 8:45 am]
BILLING CODE 3510-22-P
