Pacific Island Fisheries; 2017 Annual Catch Limits and Accountability Measures, 58129-58132 [2017-26624]
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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
58129
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS
End-use
Substitute
Decision
Use conditions
Further information
Isobutane (R600a) Propane (R290) R-41A.
Household refrigerators, freezers,
and combination
refrigerators and
freezers (New
equipment only).
Acceptable
subject to
use conditions.
As of March 12, 2018: 9 These refrigerants may be
used only in new equipment designed specifically
and clearly identified for the refrigerant (i.e., none
of these substitutes may be used as a conversion
or ‘‘retrofit’’ refrigerant for existing equipment designed for a different refrigerant).
These refrigerants may be used only in a refrigerator
or freezer, or combination refrigerator and freezer,
that meets all requirements listed in the 2nd edition
of the Underwriters Laboratories (UL) Standard for
Safety: Household and Similar Electrical Appliances—Safety—Part 2–24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, UL 60335–2–24, dated
April 28, 2017.
Applicable OSHA requirements at 29 CFR part 1910
must be followed, including those at 29 CFR
1910.106 (flammable and combustible liquids),
1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers),
and 1910.1000 (toxic and hazardous substances).Proper ventilation should be maintained at
all times during the manufacture and storage of
equipment containing hydrocarbon refrigerants
through adherence to good manufacturing practices
as per 29 CFR 1910.106. If refrigerant levels in the
air surrounding the equipment rise above onefourth of the lower flammability limit, the space
should be evacuated and re-entry should occur
only after the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment, including chemical goggles and protective gloves,
when handling these refrigerants. Special care
should be taken to avoid contact with the skin
since these refrigerants, like many refrigerants, can
cause freeze burns on the skin. A Class B dry
powder type fire extinguisher should be kept nearby.
Technicians should only use spark-proof tools when
working on refrigerators and freezers with these refrigerants.
Any recovery equipment used should be designed for
flammable refrigerants. Any refrigerant releases
should be in a well-ventilated area, such as outside
of a building. Only technicians specifically trained in
handling flammable refrigerants should service refrigerators and freezers containing these refrigerants. Technicians should gain an understanding
of minimizing the risk of fire and the steps to use
flammable refrigerants safely.
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Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the regulations in part 82:
1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant
in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating
System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011
4. UL Standard 60335–2–24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,—Safety—Part 2–24: Particular Requirements for
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
The Director of the Federal Register approves the incorporation by reference of the material under ‘‘Use Conditions’’ in the table ‘‘SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS’’ (5 U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 60335–2–24, 471, 484, and 541 may be purchased by
mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: orders@shopulstandards.com; Telephone: 1–888–853–3503 in the U.S. or Canada (other
countries dial 1–415–352–2178); Internet address: https://www.shopulstandards.com/Catalog.aspx.
You may inspect a copy at U.S. EPA’s Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC or at the National Archives and
Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA’S Air Docket is 202–566–1742. For information on
the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[FR Doc. 2017–26085 Filed 12–8–17; 8:45 am]
BILLING CODE 6560–50–P
50 CFR Part 665
[Docket No. 170120106–7999–01]
RIN 0648–XF186
sradovich on DSK3GMQ082PROD with RULES
9 Prior
to this date, manufacturers of new
household refrigerants and freezers must comply
with the use conditions in EPA’s previous
hydrocarbon refrigerants rules (76 FR 78832,
December 20, 2011; 80 FR 19454, April 10, 2015),
codified at 40 CFR part 82, Appendix R to subpart
G, which include a charge limit of 57 grams for each
separate refrigerant circuit and a requirement to
meet Supplement SA to the UL 250 Standard, 10th
edition, for household refrigerators and freezers.
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Pacific Island Fisheries; 2017 Annual
Catch Limits and Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Final specifications.
AGENCY:
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Fmt 4700
Sfmt 4700
In this final rule, NMFS
specifies annual catch limits (ACLs) for
Pacific Island crustacean, precious
coral, and territorial bottomfish
fisheries, and accountability measures
(AMs) to correct or mitigate any
overages of catch limits. The ACLs and
AMs will be effective for fishing year
2017. Although the 2017 fishing year
has nearly ended for most stocks, we
will evaluate 2017 catches against these
final ACLs when data become available
in mid-2018. The proposed ACLs and
AMs support the long-term
sustainability of fishery resources of the
U.S. Pacific Islands.
DATES: The final specifications are
effective January 10, 2018. The final
specifications are applicable from
January 1, 2017, through December 31,
SUMMARY:
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58130
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
2017, except for precious coral fisheries,
which are applicable from July 1, 2017,
through June 30, 2018.
ADDRESSES: Copies of the Fishery
Ecosystem Plans for the Hawaiian
Archipelago, American Samoa, and the
Northern Mariana Islands 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 analyses and other
supporting documents for this action,
identified by NOAA–NMFS–2017–0012,
are available at https://www.regulations.
gov/#!docketDetail;D=NOAA-NMFS2017-0012, 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: NMFS is
specifying ACLs and AMs for the
crustacean and precious corals MUS in
American Samoa, Guam, the CNMI, and
Hawaii, and the bottomfish MUS in
American Samoa, Guam, and the CNMI
for fishing year 2017. NMFS proposed
these specifications on October 30, 2017
(82 FR 50112), and the final
specifications do not differ from those
proposed. The 2017 fishing year began
on January 1 and ended on December
31, except for precious coral fisheries,
which began on July 1, 2017, and ends
on June 30, 2018. The final 2017 ACLs
and AMs are identical to those that
NMFS specified for 2016 (82 FR 18716,
April 21, 2017).
The 2017 ACL for CNMI slipper
lobsters is identical to the 2016 ACL,
even though 2016 fishery data indicate
that catch exceeded the 2016 ACL. For
these lobsters, there is no estimate of the
overfishing limit or maximum
sustainable yield. Prior to 2016, there
were only three years (2007–2009) of
available catch information, so in 2014,
the Council’s Scientific and Statistical
Committee recommended a proxy for
calculating the ACL for CNMI slipper
lobsters. Using a catch-to-habitat proxy
with data from the Hawaii slipper
lobster fishery (the only area that has
specifically documented harvesting of
slipper lobsters) the Council
recommended setting an ACL for CNMI
slipper lobsters in 2016–2018 at the
allowable biological catch (60 lb). At its
June 2017 meeting, the Council
reviewed the 2016 CNMI slipper lobster
catch and noted that the 304 lb reported
catch, combined with zero reported
catch in the previous two years, resulted
in a three-year average catch of 101 lb,
which exceeded the ACL. The Council
determined that the increase in reported
catch was due to the Territory Science
Initiative (a pilot program to improve
commercial vendor reporting in the
CNMI) and the associated improvements
in catch reporting, not due to actual
increase in harvest. The Council also
concluded that, based on current stock
data, the overage was not likely to have
had an impact on stock sustainability or
result in overfishing. The Council
concluded that applying the 2016 AM
(which would have reduced the 2017
ACL by the amount of the overage) was
not necessary and, instead,
recommended maintaining the 2017
CNMI slipper lobster ACL at 60 lb. The
three-year average catch of the other
fisheries identified in this action did not
exceed their respective ACLs.
In this action, NMFS is not specifying
2017 ACLs for Hawaii Kona crab and
Hawaii non-Deep 7 bottomfish, or coral
reef ecosystem MUS in any island area.
This is because NMFS has new
information that requires additional
environmental analyses to support the
Council’s ACL recommendations for
those MUS. NMFS may propose those
ACL specifications in a separate
action(s). In addition, NMFS has already
specified the 2017–2018 ACL and AM
for Hawaii Deep 7 bottomfish (82 FR
29778, June 30, 2017).
NMFS is also not specifying ACLs for
MUS that are currently subject to
Federal fishing moratoria or
prohibitions. They include all species of
gold coral (78 FR 32181, May 29, 2013),
the three Hawaii seamount groundfish,
that is pelagic armorhead, alfonsin, and
raftfish (75 FR 69015, November 10,
2010), and all species of deep-water
precious corals at the Westpac Bed
Refugia (75 FR 2198, January 14, 2010).
The current prohibitions on fishing for
these MUS serve as a functional
equivalent of an ACL of zero.
Additionally, NMFS is not specifying
ACLs for bottomfish, crustacean,
precious coral, or coral reef ecosystem
MUS identified in the Pacific Remote
Islands Area (PRIA) FEP. This is
because fishing is prohibited in the EEZ
within 12 nm of emergent land, unless
authorized by the U.S. Fish and Wildlife
Service (USFWS), pending the USFWS
sending NMFS fishery data during
consultation with NMFS and the
Council (78 FR 32996, June 3, 2013). To
date, NMFS has not received fishery
data that would support any such
approvals. There is also no suitable
habitat for these stocks beyond the 12nm no-fishing zone, except at Kingman
Reef, where fishing for these resources
does not occur. Therefore, the current
prohibitions on fishing serve as the
functional equivalent of an ACL of zero.
However, NMFS will continue to
monitor authorized fishing within the
PRIA Monument in consultation with
the U.S. Fish and Wildlife Service, and
may develop additional fishing
requirements, including monumentspecific catch limits for species that may
require them.
NMFS is not specifying ACLs for
pelagic MUS because we previously
determined that pelagic species are
subject to international fishery
agreements or have a life cycle of
approximately one year and, therefore,
have statutory exceptions to the ACL
requirements. In addition, NMFS
specified the 2017–2018 ACL and AM
for Hawaii Deep 7 bottomfish earlier
this year (82 FR 29778, June 30, 2017).
2017 Annual Catch Limits
Tables 1–4 specify the 2017 ACLs.
TABLE 1—AMERICAN SAMOA
Proposed ACL
specification
(lb)
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Fishery
Management unit species
Bottomfish .................................................
Crustacean ...............................................
Bottomfish multi-species stock complex ....................................................................
Deepwater shrimp ......................................................................................................
Spiny lobster ...............................................................................................................
Slipper lobster ............................................................................................................
Kona crab ...................................................................................................................
Black coral ..................................................................................................................
Precious corals in the American Samoa Exploratory Area .......................................
Precious Coral ..........................................
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E:\FR\FM\11DER1.SGM
11DER1
106,000
80,000
4,845
30
3,200
790
2,205
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
58131
TABLE 2—GUAM
Proposed ACL
specification
(lb)
Fishery
Management unit species
Bottomfish .................................................
Crustaceans ..............................................
Bottomfish multi-species stock complex ....................................................................
Deepwater shrimp ......................................................................................................
Spiny lobster ...............................................................................................................
Slipper lobster ............................................................................................................
Kona crab ...................................................................................................................
Black coral ..................................................................................................................
Precious corals in the Guam Exploratory Area .........................................................
Precious Coral ..........................................
66,000
48,488
3,135
20
1,900
700
2,205
TABLE 3—CNMI
Proposed ACL
specification
(lb)
Fishery
Management unit species
Bottomfish .................................................
Crustacean ...............................................
Bottomfish multi-species stock complex ....................................................................
Deepwater shrimp ......................................................................................................
Spiny lobster ...............................................................................................................
Slipper lobster ............................................................................................................
Kona crab ...................................................................................................................
Black coral ..................................................................................................................
Precious corals in the CNMI Exploratory Area ..........................................................
Precious Coral ..........................................
228,000
275,570
7,410
60
6,300
2,100
2,205
TABLE 4—HAWAII
Proposed ACL
specification
(lb)
Fishery
Management unit species
Crustacean ...............................................
Deepwater shrimp ......................................................................................................
Spiny lobster ...............................................................................................................
Slipper lobster ............................................................................................................
Auau Channel black coral ..........................................................................................
Makapuu Bed—Pink coral ..........................................................................................
Makapuu Bed—Bamboo coral ...................................................................................
180 Fathom Bank—Pink coral ...................................................................................
180 Fathom Bank—Bamboo coral .............................................................................
Brooks Bank—Pink coral ...........................................................................................
Brooks Bank—Bamboo coral .....................................................................................
Kaena Point Bed—Pink coral .....................................................................................
Kaena Point Bed—Bamboo coral ..............................................................................
Keahole Bed—Pink coral ...........................................................................................
Keahole Bed—Bamboo coral .....................................................................................
Precious corals in the Hawaii Exploratory Area ........................................................
Precious Coral ..........................................
sradovich on DSK3GMQ082PROD with RULES
Accountability Measures
Federal logbook entries and required
catch reporting from fisheries in Federal
waters are not sufficient to monitor and
track catches towards the ACL
specifications accurately. This is
because most fishing for bottomfish,
crustacean, precious coral, and coral
reef ecosystem MUS occurs in state
waters, generally 0–3 nm from shore.
For these reasons, NMFS will apply a
moving 3-year average catch to evaluate
fishery performance against the ACLs.
Specifically, NMFS and the Council will
use the average catch during fishing
year 2015, 2016, and 2017 to evaluate
fishery performance against the
appropriate 2017 ACL. At the end of
each fishing year, the Council will
review catches relative to each ACL. If
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17:23 Dec 08, 2017
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NMFS and the Council determine that
the three-year average catch for the
fishery exceeds the specified ACL,
NMFS and the Council will reduce the
ACL for that fishery by the amount of
the overage in 2018.
You may review additional
background information on this action
in the preamble to the proposed
specifications (82 FR 50112; October 30,
2017); we do not repeat that information
here.
Comments and Responses
The comment period for the proposed
specifications ended on November 14,
2017. NMFS received no public
comments. NMFS specifically invited
public comments addressing the impact,
if any, of the proposed specifications on
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
250,773
15,000
280
5,512
2,205
551
489
123
979
245
148
37
148
37
2,205
cultural fishing practices in American
Samoa. NMFS received no comments
for these specifications regarding
cultural fishing practices or impacts to
such fishing practices in American
Samoa. NMFS has no information that
these ACLs and AMs will have any
impact on American Samoa cultural
fishing practices.
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 Pacific Island fisheries,
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58132
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
and that it is consistent with the
Magnuson-Stevens Fishery
Conservation and Management 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 rule stage that this action
would not have a significant economic
impact on a substantial number of small
VerDate Sep<11>2014
17:23 Dec 08, 2017
Jkt 244001
entities. NMFS published the factual
basis for certification in the proposed
specifications, and does not repeat it
here. NMFS did not receive comments
regarding the certification and has no
reason to think that anything has
changed to affect it. 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.
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Fmt 4700
Sfmt 9990
Authority: 16 U.S.C. 1801 et seq.
Dated: December 6, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–26624 Filed 12–8–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\11DER1.SGM
11DER1
Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58129-58132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26624]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 170120106-7999-01]
RIN 0648-XF186
Pacific Island Fisheries; 2017 Annual Catch Limits and
Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Final specifications.
-----------------------------------------------------------------------
SUMMARY: In this final rule, NMFS specifies annual catch limits (ACLs)
for Pacific Island crustacean, precious coral, and territorial
bottomfish fisheries, and accountability measures (AMs) to correct or
mitigate any overages of catch limits. The ACLs and AMs will be
effective for fishing year 2017. Although the 2017 fishing year has
nearly ended for most stocks, we will evaluate 2017 catches against
these final ACLs when data become available in mid-2018. The proposed
ACLs and AMs support the long-term sustainability of fishery resources
of the U.S. Pacific Islands.
DATES: The final specifications are effective January 10, 2018. The
final specifications are applicable from January 1, 2017, through
December 31,
[[Page 58130]]
2017, except for precious coral fisheries, which are applicable from
July 1, 2017, through June 30, 2018.
ADDRESSES: Copies of the Fishery Ecosystem Plans for the Hawaiian
Archipelago, American Samoa, and the Northern Mariana Islands 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 analyses and other supporting documents for this action,
identified by NOAA-NMFS-2017-0012, are available at https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0012, 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: NMFS is specifying ACLs and AMs for the
crustacean and precious corals MUS in American Samoa, Guam, the CNMI,
and Hawaii, and the bottomfish MUS in American Samoa, Guam, and the
CNMI for fishing year 2017. NMFS proposed these specifications on
October 30, 2017 (82 FR 50112), and the final specifications do not
differ from those proposed. The 2017 fishing year began on January 1
and ended on December 31, except for precious coral fisheries, which
began on July 1, 2017, and ends on June 30, 2018. The final 2017 ACLs
and AMs are identical to those that NMFS specified for 2016 (82 FR
18716, April 21, 2017).
The 2017 ACL for CNMI slipper lobsters is identical to the 2016
ACL, even though 2016 fishery data indicate that catch exceeded the
2016 ACL. For these lobsters, there is no estimate of the overfishing
limit or maximum sustainable yield. Prior to 2016, there were only
three years (2007-2009) of available catch information, so in 2014, the
Council's Scientific and Statistical Committee recommended a proxy for
calculating the ACL for CNMI slipper lobsters. Using a catch-to-habitat
proxy with data from the Hawaii slipper lobster fishery (the only area
that has specifically documented harvesting of slipper lobsters) the
Council recommended setting an ACL for CNMI slipper lobsters in 2016-
2018 at the allowable biological catch (60 lb). At its June 2017
meeting, the Council reviewed the 2016 CNMI slipper lobster catch and
noted that the 304 lb reported catch, combined with zero reported catch
in the previous two years, resulted in a three-year average catch of
101 lb, which exceeded the ACL. The Council determined that the
increase in reported catch was due to the Territory Science Initiative
(a pilot program to improve commercial vendor reporting in the CNMI)
and the associated improvements in catch reporting, not due to actual
increase in harvest. The Council also concluded that, based on current
stock data, the overage was not likely to have had an impact on stock
sustainability or result in overfishing. The Council concluded that
applying the 2016 AM (which would have reduced the 2017 ACL by the
amount of the overage) was not necessary and, instead, recommended
maintaining the 2017 CNMI slipper lobster ACL at 60 lb. The three-year
average catch of the other fisheries identified in this action did not
exceed their respective ACLs.
In this action, NMFS is not specifying 2017 ACLs for Hawaii Kona
crab and Hawaii non-Deep 7 bottomfish, or coral reef ecosystem MUS in
any island area. This is because NMFS has new information that requires
additional environmental analyses to support the Council's ACL
recommendations for those MUS. NMFS may propose those ACL
specifications in a separate action(s). In addition, NMFS has already
specified the 2017-2018 ACL and AM for Hawaii Deep 7 bottomfish (82 FR
29778, June 30, 2017).
NMFS is also not specifying ACLs for MUS that are currently subject
to Federal fishing moratoria or prohibitions. They include all species
of gold coral (78 FR 32181, May 29, 2013), the three Hawaii seamount
groundfish, that is pelagic armorhead, alfonsin, and raftfish (75 FR
69015, November 10, 2010), and all species of deep-water precious
corals at the Westpac Bed Refugia (75 FR 2198, January 14, 2010). The
current prohibitions on fishing for these MUS serve as a functional
equivalent of an ACL of zero.
Additionally, NMFS is not specifying ACLs for bottomfish,
crustacean, precious coral, or coral reef ecosystem MUS identified in
the Pacific Remote Islands Area (PRIA) FEP. This is because fishing is
prohibited in the EEZ within 12 nm of emergent land, unless authorized
by the U.S. Fish and Wildlife Service (USFWS), pending the USFWS
sending NMFS fishery data during consultation with NMFS and the Council
(78 FR 32996, June 3, 2013). To date, NMFS has not received fishery
data that would support any such approvals. There is also no suitable
habitat for these stocks beyond the 12-nm no-fishing zone, except at
Kingman Reef, where fishing for these resources does not occur.
Therefore, the current prohibitions on fishing serve as the functional
equivalent of an ACL of zero. However, NMFS will continue to monitor
authorized fishing within the PRIA Monument in consultation with the
U.S. Fish and Wildlife Service, and may develop additional fishing
requirements, including monument-specific catch limits for species that
may require them.
NMFS is not specifying ACLs for pelagic MUS because we previously
determined that pelagic species are subject to international fishery
agreements or have a life cycle of approximately one year and,
therefore, have statutory exceptions to the ACL requirements. In
addition, NMFS specified the 2017-2018 ACL and AM for Hawaii Deep 7
bottomfish earlier this year (82 FR 29778, June 30, 2017).
2017 Annual Catch Limits
Tables 1-4 specify the 2017 ACLs.
Table 1--American Samoa
------------------------------------------------------------------------
Proposed ACL
Fishery Management unit specification
species (lb)
------------------------------------------------------------------------
Bottomfish..................... Bottomfish multi- 106,000
species stock complex.
Crustacean..................... Deepwater shrimp...... 80,000
Spiny lobster......... 4,845
Slipper lobster....... 30
Kona crab............. 3,200
Precious Coral................. Black coral........... 790
Precious corals in the 2,205
American Samoa
Exploratory Area.
------------------------------------------------------------------------
[[Page 58131]]
Table 2--Guam
------------------------------------------------------------------------
Proposed ACL
Fishery Management unit specification
species (lb)
------------------------------------------------------------------------
Bottomfish..................... Bottomfish multi- 66,000
species stock complex.
Crustaceans.................... Deepwater shrimp...... 48,488
Spiny lobster......... 3,135
Slipper lobster....... 20
Kona crab............. 1,900
Precious Coral................. Black coral........... 700
Precious corals in the 2,205
Guam Exploratory Area.
------------------------------------------------------------------------
Table 3--CNMI
------------------------------------------------------------------------
Proposed ACL
Fishery Management unit specification
species (lb)
------------------------------------------------------------------------
Bottomfish..................... Bottomfish multi- 228,000
species stock complex.
Crustacean..................... Deepwater shrimp...... 275,570
Spiny lobster......... 7,410
Slipper lobster....... 60
Kona crab............. 6,300
Precious Coral................. Black coral........... 2,100
Precious corals in the 2,205
CNMI Exploratory Area.
------------------------------------------------------------------------
Table 4--Hawaii
------------------------------------------------------------------------
Proposed ACL
Fishery Management unit specification
species (lb)
------------------------------------------------------------------------
Crustacean..................... Deepwater shrimp...... 250,773
Spiny lobster......... 15,000
Slipper lobster....... 280
Precious Coral................. Auau Channel black 5,512
coral.
Makapuu Bed--Pink 2,205
coral.
Makapuu Bed--Bamboo 551
coral.
180 Fathom Bank--Pink 489
coral.
180 Fathom Bank-- 123
Bamboo coral.
Brooks Bank--Pink 979
coral.
Brooks Bank--Bamboo 245
coral.
Kaena Point Bed--Pink 148
coral.
Kaena Point Bed-- 37
Bamboo coral.
Keahole Bed--Pink 148
coral.
Keahole Bed--Bamboo 37
coral.
Precious corals in the 2,205
Hawaii Exploratory
Area.
------------------------------------------------------------------------
Accountability Measures
Federal logbook entries and required catch reporting from fisheries
in Federal waters are not sufficient to monitor and track catches
towards the ACL specifications accurately. This is because most fishing
for bottomfish, crustacean, precious coral, and coral reef ecosystem
MUS occurs in state waters, generally 0-3 nm from shore. For these
reasons, NMFS will apply a moving 3-year average catch to evaluate
fishery performance against the ACLs. Specifically, NMFS and the
Council will use the average catch during fishing year 2015, 2016, and
2017 to evaluate fishery performance against the appropriate 2017 ACL.
At the end of each fishing year, the Council will review catches
relative to each ACL. If NMFS and the Council determine that the three-
year average catch for the fishery exceeds the specified ACL, NMFS and
the Council will reduce the ACL for that fishery by the amount of the
overage in 2018.
You may review additional background information on this action in
the preamble to the proposed specifications (82 FR 50112; October 30,
2017); we do not repeat that information here.
Comments and Responses
The comment period for the proposed specifications ended on
November 14, 2017. NMFS received no public comments. NMFS specifically
invited public comments addressing the impact, if any, of the proposed
specifications on cultural fishing practices in American Samoa. NMFS
received no comments for these specifications regarding cultural
fishing practices or impacts to such fishing practices in American
Samoa. NMFS has no information that these ACLs and AMs will have any
impact on American Samoa cultural fishing practices.
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 Pacific Island
fisheries,
[[Page 58132]]
and that it is consistent with the Magnuson-Stevens Fishery
Conservation and Management 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 rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. NMFS published the factual basis for certification in the
proposed specifications, and does not repeat it here. NMFS did not
receive comments regarding the certification and has no reason to think
that anything has changed to affect it. 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: December 6, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2017-26624 Filed 12-8-17; 8:45 am]
BILLING CODE 3510-22-P