Pacific Island Fisheries; 2017-18 Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish, 29778-29779 [2017-13681]

Download as PDF 29778 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations mstockstill on DSK30JT082PROD with RULES safeguards to ensure the ACL will not be exceeded. In short, the management measures implemented by this rule are more than adequate to prevent exceeding the OFL. Additionally, even in the absence of any fishing mortality, unfavorable environmental conditions could keep the sardine population at a low level. Small pelagic species, such as sardine, undergo wide natural fluctuations in abundance, even in the absence of fishing, from environmental conditions external to fishing; therefore, it is highly unlikely that reducing the ACL from 8,000 mt to 2,000 mt would measurably affect long-term fluctuations in Pacific sardine abundance. Based on the recent stock assessments and NMFS research, low recent recruitments (i.e., the number of young fish maturing into the spawning population) is the primary cause of the current downward trend in overall population size. Recruitment is believed to be strongly related to environmental conditions, particularly, large-scale oceanographic phenomena. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, the NMFS West Coast Regional Administrator, with the concurrence of the Assistant Administrator, has determined that this final rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws. NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for the establishment of these final harvest specifications for the 2017–2018 Pacific sardine fishing season. In accordance with the FMP, this rule was recommended by the Council at its meeting in April 2017, the contents of which were based on the best available new scientific information on the population status of Pacific sardine that became available at that time. Making these final specifications effective on July 1, 2017, is necessary for the conservation and management of the Pacific sardine resource. The FMP requires a prohibition on directed fishing for Pacific sardine for the 2017– 2018 fishing year because the sardine biomass is below the CUTOFF. The purpose of the CUTOFF in the FMP— and prohibiting directed fishing when the biomass drops below this level—is to protect the stock when biomass is low and provide a buffer of spawning stock that is protected from fishing and available for use in rebuilding the stock. A delay in the effectiveness of this rule for a full 30 days would not allow the VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 implementation of this prohibition prior to the expiration of the closure of the directed fishery on July 1, 2017, which was imposed under the 2016–2017 annual specifications. Delaying the effective date of this rule beyond July 1 would be contrary to the public interest because reducing Pacific sardine biomass beyond the limits set out in this action could decrease the sustainability of the Pacific sardine, as well as cause future harvest limits to be even lower under the harvest control rule, thereby reducing future profits of the fishery. These final specifications are exempt from review under 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 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. This action does not contain a collection-of-information requirement for purposes of the Paper Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: June 26, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017–13685 Filed 6–29–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 170330338–7585–02] RIN 0648–XF335 Pacific Island Fisheries; 2017–18 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: Final specifications. AGENCY: NMFS specifies an annual catch limit (ACL) of 306,000 lb for Deep 7 bottomfish in the main Hawaiian SUMMARY: PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 Islands (MHI) for the 2017–18 fishing year, which will begin on September 1, 2017, and end on August 31, 2018. If NMFS projects that the fishery will reach the ACL, 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). The ACL and AM support the long-term sustainability of Hawaii bottomfish. DATES: The final specifications are effective from July 31, 2017, through August 31, 2018. ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian Archipelago are 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. Copies of the environmental assessment and finding of no significant impact for this action, identified by NOAA–NMFS–2017–0033, are available from www.regulations.gov, or from Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808–725–5173. SUPPLEMENTARY INFORMATION: Through this action, NMFS is specifying an ACL of 306,000 lb of Deep 7 bottomfish in the MHI for the 2017–18 fishing year. The fishing year begins September 1, 2017, and ends on August 31, 2018. The Council recommended this ACL, based on the best available scientific, commercial, and other information, taking into account the associated risk of overfishing. The ACL of 306,000 lb for 2017–18 is 12,000 lb less than the ACL that NMFS specified for 2016–17 (82 FR 5429, January 18, 2017). The MHI Management Subarea is the portion of U.S. Exclusive Economic Zone around the Hawaiian Archipelago east of 161°20′ W. 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 will monitor the fishery and, if we project that the fishery will reach the ACL before August 31, 2018, we would, as an AM authorized in 50 CFR 665.4(f), close the non-commercial and commercial fisheries for Deep 7 bottomfish in Federal waters through August 31, 2018. During a fishery closure for Deep 7 bottomfish, no person may fish for, possess, or sell any of these fish in the MHI Management Subarea. E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations There is no prohibition on fishing for, possessing, or selling other (non-Deep 7) bottomfish during such a closure. All other management measures continue to apply in the MHI bottomfish fishery. If NMFS and the Council determine that the final 2017–18 Deep 7 bottomfish catch exceeds the ACL, NMFS would reduce the Deep 7 bottomfish ACL for 2018–19 by the amount of the overage. You may review additional background information on this action in the preamble to the proposed specifications (82 FR 24092; May 25, 2017); we do not repeat that information here. mstockstill on DSK30JT082PROD with RULES Comments and Responses The comment period for the proposed specifications ended on June 9, 2017. NMFS did not receive any comments. VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 Changes From the Proposed Specifications There are no changes in the final specifications from the proposed specifications. Classification The Regional Administrator, NMFS PIR, determined that this action is necessary for the conservation and management of MHI Deep 7 bottomfish, and that it is consistent with the Magnuson-Stevens Act and other applicable laws. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed specification stage that this action would not have a significant PO 00000 Frm 00081 Fmt 4700 Sfmt 9990 29779 economic impact on a substantial number of small entities. NMFS published the factual basis for the certification in the proposed specifications, and does not repeat it here. NMFS did not receive comments regarding this certification. As a result, a final regulatory flexibility analysis is not required, and one was not prepared. This action is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 26, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017–13681 Filed 6–29–17; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29778-29779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13681]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 170330338-7585-02]
RIN 0648-XF335


Pacific Island Fisheries; 2017-18 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: Final specifications.

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SUMMARY: NMFS specifies an annual catch limit (ACL) of 306,000 lb for 
Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2017-18 
fishing year, which will begin on September 1, 2017, and end on August 
31, 2018. If NMFS projects that the fishery will reach the ACL, 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). The ACL and AM support the long-term sustainability of 
Hawaii bottomfish.

DATES: The final specifications are effective from July 31, 2017, 
through August 31, 2018.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian 
Archipelago are 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. Copies of 
the environmental assessment and finding of no significant impact for 
this action, identified by NOAA-NMFS-2017-0033, are available from 
www.regulations.gov, or from Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg. 
176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable 
Fisheries, 808-725-5173.

SUPPLEMENTARY INFORMATION: Through this action, NMFS is specifying an 
ACL of 306,000 lb of Deep 7 bottomfish in the MHI for the 2017-18 
fishing year. The fishing year begins September 1, 2017, and ends on 
August 31, 2018. The Council recommended this ACL, based on the best 
available scientific, commercial, and other information, taking into 
account the associated risk of overfishing. The ACL of 306,000 lb for 
2017-18 is 12,000 lb less than the ACL that NMFS specified for 2016-17 
(82 FR 5429, January 18, 2017).
    The MHI Management Subarea is the portion of U.S. Exclusive 
Economic Zone around the Hawaiian Archipelago east of 161[deg]20' W. 
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 will monitor the fishery and, if we project that the fishery 
will reach the ACL before August 31, 2018, we would, as an AM 
authorized in 50 CFR 665.4(f), close the non-commercial and commercial 
fisheries for Deep 7 bottomfish in Federal waters through August 31, 
2018. During a fishery closure for Deep 7 bottomfish, no person may 
fish for, possess, or sell any of these fish in the MHI Management 
Subarea.

[[Page 29779]]

There is no prohibition on fishing for, possessing, or selling other 
(non-Deep 7) bottomfish during such a closure. All other management 
measures continue to apply in the MHI bottomfish fishery. If NMFS and 
the Council determine that the final 2017-18 Deep 7 bottomfish catch 
exceeds the ACL, NMFS would reduce the Deep 7 bottomfish ACL for 2018-
19 by the amount of the overage.
    You may review additional background information on this action in 
the preamble to the proposed specifications (82 FR 24092; May 25, 
2017); we do not repeat that information here.

Comments and Responses

    The comment period for the proposed specifications ended on June 9, 
2017. NMFS did not receive any comments.

Changes From the Proposed Specifications

    There are no changes in the final specifications from the proposed 
specifications.

Classification

    The Regional Administrator, NMFS PIR, determined that this action 
is necessary for the conservation and management of MHI Deep 7 
bottomfish, and that it is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed specification stage that this action 
would not have a significant economic impact on a substantial number of 
small entities. NMFS published the factual basis for the certification 
in the proposed specifications, and does not repeat it here. NMFS did 
not receive comments regarding this certification. As a result, a final 
regulatory flexibility analysis is not required, and one was not 
prepared.
    This action is exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: June 26, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-13681 Filed 6-29-17; 8:45 am]
 BILLING CODE 3510-22-P
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