Pacific Island Fisheries; 2019-2021 Annual Catch Limits and Accountability Measures, 7521-7525 [2020-02536]
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Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Proposed Rules
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).
Copies of Amendment 6, and of the
Environmental Assessment (EA), are
available from the Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901.
The EA and Regulatory Impact
Review are also accessible via the
internet at: https://www.mafmc.org/
actions/blueline-tilefish.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, 978–281–9225.
SUPPLEMENTARY INFORMATION: On
January 29, 2020, we published a rule
proposing to implement permitting and
reporting for private recreational tilefish
vessels (85 FR 5186). The proposed rule
included errors in the comment
identifier and the link to the comment
portal. The corrections have been made
in the ADDRESSES section of this
document.
Dated: February 4, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–02538 Filed 2–7–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 200204–0045]
RIN 0648–BJ41
Pacific Island Fisheries; 2019–2021
Annual Catch Limits and
Accountability Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Proposed rule; request for
comments.
ACTION:
NMFS proposes to implement
main Hawaiian Islands (MHI) annual
catch limits (ACLs) and accountability
measures (AMs) for deepwater shrimp,
precious corals, and gray jobfish (uku)
in 2019–2021, and for Kona crab in
2019. The proposed ACLs and AMs
support the long-term sustainability of
Pacific Island fisheries.
DATES: NMFS must receive comments
by March 2, 2020.
ADDRESSES: You may submit comments
on the proposed rule, identified by
NOAA–NMFS–2019–0124, 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-20191024, 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
Regional Office (PIRO), 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).
NMFS prepared environmental
analyses that describe potential impacts
on the human environment. These
analyses are available at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Brett Schumacher, NMFS PIRO
Sustainable Fisheries, 808–725–5185.
SUMMARY:
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NMFS and
the Western Pacific Fishery
Management Council (Council) manage
fisheries in the U.S. Exclusive Economic
Zone (EEZ, or Federal waters) around
the U.S. Pacific Islands under
archipelagic fishery ecosystem plans
(FEPs) for American Samoa, Hawaii, the
Pacific Remote Islands, and the Mariana
Archipelago (Guam and the CNMI). A
fifth FEP covers pelagic fisheries. The
Council developed the FEPs, and NMFS
implemented them under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), with
regulations at Title 50 Code of Federal
Regulations, Part 665 (50 CFR 665).
Each FEP contains a process for the
Council and NMFS to specify ACLs and
AMs; that process is codified at 50 CFR
665.4. NMFS must specify an ACL and
AM(s) for each stock and stock complex
of management unit species (MUS) in an
FEP, as recommended by the Council
and considering the best available
scientific, commercial, and other
information about the fishery. If a
fishery exceeds an ACL, the regulations
require the Council to take action,
which may include reducing the ACL
for the subsequent fishing year by the
amount of the overage, or other
appropriate action.
NMFS proposes to implement ACLs
and AMs for MHI deepwater shrimp,
precious corals, and uku for 2019–2021,
and for Kona crab for 2019 (see Table 1).
The proposed rule is consistent with
recommendations made by the Council
at its October 2017 and October 2018
meetings. The Council recommended
that NMFS implement ACLs and AMs
for 2019, 2020, and 2021 for all stocks,
except for MHI Kona crab, which they
recommended that NMFS implement an
ACL and AM only for 2019 because a
new stock assessment is available to
support ACL recommendations for this
stock for 2020 and beyond. The fishing
year for each fishery begins on January
1 and ends on December 31, except for
precious coral fisheries, which begin
July 1 and end on June 30 of the next
year.
SUPPLEMENTARY INFORMATION:
TABLE 1—PROPOSED ACLS FOR STOCKS IN THIS PROPOSED RULE
ACL
(lb)
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Stock
Deepwater shrimp ....................................................................................................................................................
Kona crab ................................................................................................................................................................
Uku ...........................................................................................................................................................................
Auau Channel—Black coral .....................................................................................................................................
Makapuu Bed—Pink and red coral .........................................................................................................................
Makapuu Bed—Bamboo coral .................................................................................................................................
180 Fathom Bank—Pink and red coral ...................................................................................................................
180 Fathom Bank—Bamboo coral ..........................................................................................................................
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250,773
3,500
127,205
5,512
2,205
551
489
123
Year(s)
2019–2021
2019
2019–2021
2019–2021
2019–2021
2019–2021
2019–2021
2019–2021
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TABLE 1—PROPOSED ACLS FOR STOCKS IN THIS PROPOSED RULE—Continued
ACL
(lb)
Stock
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Brooks Bank—Pink and red coral ...........................................................................................................................
Brooks Bank—Bamboo coral ..................................................................................................................................
Kaena Point Bed—Pink and red coral ....................................................................................................................
Kaena Point Bed—Bamboo coral ............................................................................................................................
Keahole Bed—Pink and red coral ...........................................................................................................................
Keahole Bed—Bamboo coral ..................................................................................................................................
Hawaii Exploratory Area—precious corals ..............................................................................................................
As an AM for each stock, NMFS and
the Council would evaluate the catch
after each fishing year to determine if
the average catch of the three most
recent years exceeded its ACL. If it did,
the Council would recommend a
reduction of the ACL of that fishery in
the subsequent year equal to the amount
of the overage. In the event that NMFS
needs to reduce an ACL because a
fishery exceeded its ACL, we would
implement that AM through a separate
rulemaking.
In addition to this post-season AM,
the proposed rule would implement a
new in-season AM for the uku fishery
where, if NMFS projects that catch will
reach the ACL, NMFS would close the
commercial and non-commercial uku
fisheries in Federal waters of the MHI
for the remainder of the fishing year.
This in-season AM would be
implemented only for fishing years 2019
and 2020. The Council initially
recommended this AM for uku, along
with an ACL of 127,205 lb and the postseason AM, at the October 2017
meeting. This recommendation covered
three fishing years: 2018, 2019, and
2020. At the October 2018 meeting, the
Council updated the recommendations
for uku for fishing years 2019 through
2021, but only recommended the ACL of
127,205 lb and the post-season AM.
Because the October 2018 Council
meeting did not address the in-season
AM, this management measure will not
be applied for fishing year 2021.
There is also an existing in-season
AM for the precious coral fishery that
would close individual coral beds if the
ACL for that bed is projected to be
reached. The proposed rule makes
housekeeping changes to the text
pertaining to this AM that are described
below.
For all stocks except uku, the
proposed ACLs and AMs are identical to
those most recently specified, in 2017.
The Council did not recommend, and
NMFS did not implement, ACLs and
AMs for any of the these fisheries in
2018, while the Council and NMFS
developed the amendment to its fishery
ecosystem plans to reclassify certain
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MUS as ECS, which do not require
ACLs and AMs. The proposed action is
the first time that ACLs and AMs would
be implemented for uku as a singlespecies stock.
Overall, NMFS does not expect the
proposed rule to result in a significant
change in fishing operations to any
fishery, or other change that would
result in any fishery having significant
environmental impacts. These fisheries
have not caught their specified ACLs in
any year since they were first
implemented in 2012, and catches of
uku have been less than the proposed
ACL every year except one in 2017.
In addition to codifying the ACLs, this
proposed rule would make
housekeeping changes to the
regulations. First, the proposed rule
would correct a cross-reference in 50
CFR 665.4(c) that pertains to ACL
requirements. The current regulation
references a subsection under National
Standard 1 that was changed on October
18, 2016 (81 FR 71858). The proposed
rule would update the CFR to refer to
the correct subsection on exceptions to
ACL requirements (§ 600.310(h)(1)),
rather than the subsection on flexibility
for endangered species and aquaculture
operations (§ 600.310(h)(2)).
The proposed rule would make three
housekeeping changes related to
management of Hawaii precious corals.
The proposed rule would remove
subsection (b) in § 665.269, which refers
to nonselective harvest of precious coral
in conditional beds because
nonselective harvest of precious coral is
not permitted in any precious coral
permit area (see § 665.264). The
proposed rule would also remove
references in §§ 665.267 and 665.268 to
a two-year fishing period for Makapuu
Bed and Auau Channel Bed because
NMFS now manages these beds on the
same one-year fishing year as all other
coral beds. The proposed rule would
also replace the term ‘‘quota’’ with
‘‘ACL’’ in §§ 665.263, 665.268, and
665.269, to make the language governing
catch limits consistent throughout the
rule.
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245
148
37
148
37
2,205
Year(s)
2019–2021
2019–2021
2019–2021
2019–2021
2019–2021
2019–2021
2019–2021
In this proposed rule, NMFS is not
proposing ACLs for MUS that are
currently subject to Federal fishing
moratoria or prohibitions. These MUS
include all species of gold coral (83 FR
27716, June 14, 2018), the three Hawaii
seamount groundfish (pelagic
armorhead, alfonsin, and raftfish) (84 FR
2767, February 8, 2019), and deepwater
precious corals at the Westpac Bed
Refugia (75 FR 2198, January 14, 2010).
Prohibitions on fishing for these MUS
serve as the functional equivalent of an
ACL of zero.
Additionally, NMFS is not proposing
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
around the PRIA within 12 nm of
emergent land, unless authorized by the
U.S. Fish and Wildlife Service (USFWS)
(78 FR 32996, June 3, 2013). In addition,
there is 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
Pacific Remote Islands Monument in
consultation with USFWS, and may
develop additional fishing
requirements, including monumentspecific catch limits for species that may
require them.
NMFS is also not proposing ACLs for
pelagic MUS at this time, because
NMFS previously determined that
pelagic species are subject to
international fishery agreements or have
a life cycle of approximately one year
and, therefore, are statutorily excepted
from the ACL requirements.
NMFS previously codified 2018–2021
ACLs and AMs for Hawaii Deep 7
bottomfish (84 FR 29394, June 24, 2019).
NMFS will consider public comments
on this proposed rule and will
announce the final rule in the Federal
Register. NMFS must receive any
comments by the date provided in the
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DATES heading, not postmarked or
otherwise transmitted by that date.
Regardless of the final rule, all other
management measures will continue to
apply in the fisheries.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator for Fisheries
has determined that this proposed rule
is consistent with the Hawaii FEP, other
provisions of the Magnuson-Stevens
Act, and other applicable laws, subject
to further consideration after public
comment.
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 the
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The proposed action would specify
ACLs and AMs for MHI precious corals,
deepwater shrimp, and uku fisheries for
2019, 2020, and 2021, and the MHI
Kona crab fishery for 2019.
Catch of species or species groups in
state, and Federal would all count
toward the ACLs under this action. This
would include catch by anyone who is
required to report catch to state or
Federal agencies. As a result this action
would apply to hundreds of small
entities across Hawaii, although only
the vessels participating in the MHI uku
and precious coral fisheries are likely to
be affected because these are the only
fisheries with in-season AMs.
For Regulatory Flexibility Act (RFA)
purposes only, NMFS has established a
small business size standard, including
their affiliates, whose primary industry
is commercial fishing (see 50 CFR
200.2). A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. Based on
available information, NMFS has
determined that all affected entities are
small entities under the SBA definition
of a small entity, i.e., they are engaged
in the business of fish harvesting, are
independently owned or operated, are
not dominant in their field of operation,
and have gross receipts not in excess of
$11 million. Therefore, there would be
no disproportionate economic impacts
between large and small entities.
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Furthermore, there would be no
disproportionate economic impacts
among the universe of vessels based on
gear, home port, or vessel length.
Even though this proposed action
would apply to a substantial number of
vessels, this action should not result in
significant adverse economic impacts to
individual vessels. Furthermore, the
proposed action will not
disproportionately affect vessels by gear
types, areas fished, or home ports, nor
would it substantially affect effort
among participants of these fisheries.
Except for the MHI uku fishery, the
proposed ACLs are the same as those
implemented in recent years and recent
catch has not been constrained by ACLs.
The precious coral fishery is subject to
an existing rule that implements an inseason closure for individual coral beds
if NFMS projects that the ACL for that
bed will be reached before the end of
the fishing year. For the uku fishery, the
proposed rule would implement a new
measure that would close the fishery in
Federal waters if NMFS projects that the
ACL will be reached. NMFS and the
Council are not considering in-season
closures for the Kona crab or deepwater
shrimp fisheries because fishery
management agencies are not able to
track catch in these fisheries relative to
the ACLs during the fishing year.
Therefore, there is no potential for
effects on fishermen from a closure of
the Kona crab or deepwater shrimp
coral fisheries. A post-season review of
the catch data would be required to
determine whether any fishery exceeded
its ACL by comparing the ACL to the
most recent three-year average catch for
which data is available. If an ACL is
exceeded, the Council and NMFS would
take action to mitigate the overage by
reducing the ACL for that fishery in the
subsequent year. If an ACL is exceeded
more than once in a four-year period,
the Council and NMFS would take
action to correct the operational issue
that caused the ACL overages. NMFS
and the Council would evaluate the
environmental, social, and economic
impacts of future actions, such as
changes to future ACLs or AMs, after the
required data are available.
The MHI uku fishery would be subject
to a single-species ACL for the first time,
as it has historically been subject to an
ACL as part of a group of management
unit species (MUS) managed as the nonDeep 7 bottomfish. The other species
within the non-Deep 7 MUS were
reclassified as ecosystem component
species and are no longer subject to an
ACL. As this fishery would also be
subject to an in-season AM for fishing
years 2019 and 2020 that would close
the fishery in Federal waters in the
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event that the catch reaches the ACL,
this fishery could potentially be directly
affected. Under the proposed
alternative, the uku fishery may be
constrained by the ACL set at 127,205
lb if catch levels are similar to those in
2017, when fishermen reported catch of
131,841 lb of uku. However that was the
only year in which catch would have
exceeded an ACL of 127,205 lb out of
the last seven years since ACLs were
first specified, so NMFS expects that in
most years the fishery would not reach
the proposed ACL. If the fishery did
close, it would likely be near the end of
the fishing year, which could result in
the fishery earning slightly lower
revenue compared with the No Action
Alternative. Though catch in 2017 was
higher than the proposed ACL in 2017,
over the last ten years there has been no
three-year period where uku catch
reached the proposed ACL. The recent
three-year averages are as follows:
105,980 lb average catch for the three
years spanning 2014–2016, 117,657 lb
for 2015–2017, and 108,544 lb for 2016–
2018. Based on recent fishing
performance, and with the in-season
accountability measure, the fishery is
not likely to be subject to a post-season
ACL overage adjustment. Between 2012
and 2017, an average of 297 fishermen
reported catch of MHI uku using deep
sea handline, inshore handline, and/or
trolling with bait. NMFS estimates that
up to 300 uku fishermen could
potentially be directly affected by this
action in any given year.
The precious coral fishery is also
subject to an in-season closure under
existing regulations. However, since
2013 there has been only one
participant in the fishery annually that
could be directly affected by this action
and catches have not exceed the ACLs.
Based on recent fishing performance,
and with the in-season accountability
measure, the fishery is not likely to be
subject to a post-season ACL overage
adjustment.
For most of the fisheries subject to
this proposed action, fishermen would
be able to fish throughout the entire
year. The ACLs, as proposed, would not
change the gear type, areas fished, effort,
or participation of the fisheries during
the fishing years under consideration.
The proposed action does not duplicate,
overlap, or conflict with other Federal
rules and is not expected to have
significant impact on small entities (as
discussed above), organizations, or
government jurisdictions. The proposed
action also will not place a substantial
number of small entities, or any segment
of small entities, at a significant
competitive disadvantage to large
entities.
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For the reasons above, NMFS does not
expect the proposed action to 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.
Executive Order 12866
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Dated: February 4, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
the requirement pursuant to 50 CFR
600.310(h)(1).
*
*
*
*
*
■ 3. In § 665.204, revise paragraphs (h)
and (i) to read as follows:
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 665 as follows:
§ 665.204
PART 665—FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for 50 CFR
part 665 continues to read as follows:
Executive Order 13771
This proposed rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
■
List of Subjects in 50 CFR Part 665
Annual catch limits, Accountability
measures, Bottomfish, Deepwater
shrimp, Precious corals, Kona crab,
Uku, Fisheries, Fishing, Hawaii, Pacific
Islands.
§ 665.4
Authority: 16 U.S.C. 1801 et seq.
2. In § 665.4, revise paragraph (c) to
read as follows:
■
Annual catch limits.
*
*
*
*
*
(c) Exceptions. The Regional
Administrator is not required to specify
an annual catch limit for an ECS, or for
an MUS that is statutorily excepted from
*
*
*
*
(h) Fish for or possess any bottomfish
MUS as defined in § 665.201, in the
MHI management subarea after a closure
of its respective fishery, in violation of
§ 665.211.
(i) Sell or offer for sale any bottomfish
MUS as defined in § 665.201, after a
closure of its respective fishery, in
violation of § 665.211.
*
*
*
*
*
■ 4. Revise § 665.211 to read as follows:
§ 665.211
Annual Catch Limits (ACL).
(a) In accordance with § 665.4, the
ACLs for MHI bottomfish fisheries for
each fishing year are as follows:
Fishery
2018–19 ACL
(lb)
2019–20 ACL
(lb)
2020–21 ACL
(lb)
Deep 7 bottomfish .......................................................................................................................
492,000
492,000
492,000
2019 ACL
(lb)
2020 ACL
(lb)
2021 ACL
(lb)
Uku ...............................................................................................................................................
127,205
127,205
127,205
(b) When a bottomfish ACL is
projected to be reached based on
analyses of available information, the
Regional Administrator shall publish a
notice to that effect in the Federal
Register and shall use other means to
notify permit holders. The notice will
include an advisement that the fishery
will be closed beginning at a specified
date, which is not earlier than seven
days after the date of filing the closure
notice for public inspection at the Office
of the Federal Register, until the end of
(e) Fishing for, and the resultant
possession or sale of, any bottomfish
MUS by vessels legally registered to
Mau Zone, Ho’omalu Zone, or PRIA
bottomfish fishing permits and
conducted in compliance with all other
laws and regulations, is exempted from
this section.
■ 5. Add § 665.253 to read as follows:
the fishing year in which the ACL is
reached.
(c) On and after the date specified in
§ 665.211(b), no person may fish for or
possess any bottomfish MUS from a
closed fishery in the MHI management
subarea, except as otherwise allowed in
this section.
(d) On and after the date specified in
§ 665.211(b), no person may sell or offer
for sale any bottomfish MUS from a
closed fishery, except as otherwise
authorized by law.
Kona crab ....................................................................................................................................
Deepwater shrimp ........................................................................................................................
■
§ 665.267
§ 665.263
The fishing year for precious coral
begins on July 1 and ends on June 30 the
following year.
■ 8. In § 665.268 revise paragraph (a) to
read as follows:
6. In § 665.267, revise paragraph (b)(3)
to read as follows:
Prohibitions.
*
*
*
*
*
(b) * * *
(3) In a bed for which the ACL
specified in § 665.269 has been attained.
*
*
*
*
*
■ 7. Revise § 665.267 to read as follows:
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§ 665.268
Seasons.
Closures.
(a) If the Regional Administrator
determines that the ACL for any coral
bed will be reached prior to the end of
the fishing year, NMFS shall publish a
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§ 665.253
Annual Catch Limits (ACL).
In accordance with § 665.4, the ACLs
for MHI crusteaceans for each fishing
year are as follows:
2019 ACL
(lb)
Fishery
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Prohibitions.
*
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3,500
250,733
2020 ACL
(lb)
NA
250,733
2021 ACL
(lb)
NA
250,733
notice to that effect in the Federal
Register and shall use other means to
notify permit holders. Any such notice
must indicate the fishery shall be
closed, the reason for the closure, the
specific bed being closed, and the
effective date of the closure.
*
*
*
*
*
■ 9. Revise § 665.269 to read as follows:
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Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Proposed Rules
§ 665.269
Annual Catch Limits (ACL).
(a) General. The ACLs limiting the
amount of precious coral that may be
taken in any precious coral permit area
during the fishing year are listed
paragraph (c) of this section. Only live
coral is counted toward the ACL. The
accounting period for each fishing year
for all precious coral ACLs begins July
1 and ends June 30 of the following
year.
(b) Reserves and reserve release. The
ACL for exploratory area X–P–H will be
held in reserve for harvest by vessels of
the United States in the following
manner:
(1) At the start of the fishing year, the
reserve for the Hawaii exploratory areas
will equal the ACL minus the estimated
domestic annual harvest for that year.
(2) As soon as practicable after
December 31 each year, the Regional
Administrator will determine the
amount harvested by vessels of the
United States between July 1 and
December 31 of the year that just ended
on December 31.
(3) NMFS will release to TALFF an
amount of Hawaii precious coral for
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each exploratory area equal to the ACL
minus two times the amount harvested
by vessels of the United States in that
July 1-December 31 period.
(4) NMFS will publish in the Federal
Register a notification of the Regional
Administrator’s determination and a
summary of the information on which it
is based as soon as practicable after the
determination is made.
(c) In accordance with § 665.4, the
ACLs for MHI precious coral permit
areas for each fishing year are as
follows:
TABLE 1 TO PARAGRAPH (c)
Type of
coral bed
Area and
coral group
Established bed ......................
Auau Channel—Black coral ....................................................
Makapuu Bed—Pink and red coral .........................................
Makapuu Bed—Bamboo coral ................................................
180 Fathom Bank—Pink and red coral ..................................
180 Fathom Bank—Bamboo coral .........................................
Brooks Bank—Pink and red coral ..........................................
Brooks Bank—Bamboo coral ..................................................
Kaena Point Bed—Pink and red coral ....................................
Kaena Point Bed—Bamboo coral ...........................................
Keahole Bed—Pink and red coral ..........................................
Keahole Bed—Bamboo coral .................................................
Hawaii—precious coral ...........................................................
Conditional Beds ....................
Exploratory Area .....................
Note 1 to § 665.269: No fishing for coral is
authorized in refugia.
2019 ACL
(lb)
5,512
2,205
551
489
123
979
245
148
37
148
37
2,205
Note 2 to § 665.269: A moratorium on gold
coral harvesting is in effect through June 30,
2023.
[FR Doc. 2020–02536 Filed 2–7–20; 8:45 am]
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(lb)
5,512
2,205
551
489
123
979
245
148
37
148
37
2,205
2021 ACL
(lb)
5,512
2,205
551
489
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148
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]]>Agencies
[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Proposed Rules]
[Pages 7521-7525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02536]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 200204-0045]
RIN 0648-BJ41
Pacific Island Fisheries; 2019-2021 Annual Catch Limits and
Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement main Hawaiian Islands (MHI) annual
catch limits (ACLs) and accountability measures (AMs) for deepwater
shrimp, precious corals, and gray jobfish (uku) in 2019-2021, and for
Kona crab in 2019. The proposed ACLs and AMs support the long-term
sustainability of Pacific Island fisheries.
DATES: NMFS must receive comments by March 2, 2020.
ADDRESSES: You may submit comments on the proposed rule, identified by
NOAA-NMFS-2019-0124, 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-2019-1024, 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 Regional Office (PIRO),
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).
NMFS prepared environmental analyses that describe potential
impacts on the human environment. These analyses are available at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Brett Schumacher, NMFS PIRO
Sustainable Fisheries, 808-725-5185.
SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery
Management Council (Council) manage fisheries in the U.S. Exclusive
Economic Zone (EEZ, or Federal waters) around the U.S. Pacific Islands
under archipelagic fishery ecosystem plans (FEPs) for American Samoa,
Hawaii, the Pacific Remote Islands, and the Mariana Archipelago (Guam
and the CNMI). A fifth FEP covers pelagic fisheries. The Council
developed the FEPs, and NMFS implemented them under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), with regulations at Title 50 Code of Federal Regulations,
Part 665 (50 CFR 665).
Each FEP contains a process for the Council and NMFS to specify
ACLs and AMs; that process is codified at 50 CFR 665.4. NMFS must
specify an ACL and AM(s) for each stock and stock complex of management
unit species (MUS) in an FEP, as recommended by the Council and
considering the best available scientific, commercial, and other
information about the fishery. If a fishery exceeds an ACL, the
regulations require the Council to take action, which may include
reducing the ACL for the subsequent fishing year by the amount of the
overage, or other appropriate action.
NMFS proposes to implement ACLs and AMs for MHI deepwater shrimp,
precious corals, and uku for 2019-2021, and for Kona crab for 2019 (see
Table 1). The proposed rule is consistent with recommendations made by
the Council at its October 2017 and October 2018 meetings. The Council
recommended that NMFS implement ACLs and AMs for 2019, 2020, and 2021
for all stocks, except for MHI Kona crab, which they recommended that
NMFS implement an ACL and AM only for 2019 because a new stock
assessment is available to support ACL recommendations for this stock
for 2020 and beyond. The fishing year for each fishery begins on
January 1 and ends on December 31, except for precious coral fisheries,
which begin July 1 and end on June 30 of the next year.
Table 1--Proposed ACLs for Stocks in This Proposed Rule
------------------------------------------------------------------------
Stock ACL (lb) Year(s)
------------------------------------------------------------------------
Deepwater shrimp........................ 250,773 2019-2021
Kona crab............................... 3,500 2019
Uku..................................... 127,205 2019-2021
Auau Channel--Black coral............... 5,512 2019-2021
Makapuu Bed--Pink and red coral......... 2,205 2019-2021
Makapuu Bed--Bamboo coral............... 551 2019-2021
180 Fathom Bank--Pink and red coral..... 489 2019-2021
180 Fathom Bank--Bamboo coral........... 123 2019-2021
[[Page 7522]]
Brooks Bank--Pink and red coral......... 979 2019-2021
Brooks Bank--Bamboo coral............... 245 2019-2021
Kaena Point Bed--Pink and red coral..... 148 2019-2021
Kaena Point Bed--Bamboo coral........... 37 2019-2021
Keahole Bed--Pink and red coral......... 148 2019-2021
Keahole Bed--Bamboo coral............... 37 2019-2021
Hawaii Exploratory Area--precious corals 2,205 2019-2021
------------------------------------------------------------------------
As an AM for each stock, NMFS and the Council would evaluate the
catch after each fishing year to determine if the average catch of the
three most recent years exceeded its ACL. If it did, the Council would
recommend a reduction of the ACL of that fishery in the subsequent year
equal to the amount of the overage. In the event that NMFS needs to
reduce an ACL because a fishery exceeded its ACL, we would implement
that AM through a separate rulemaking.
In addition to this post-season AM, the proposed rule would
implement a new in-season AM for the uku fishery where, if NMFS
projects that catch will reach the ACL, NMFS would close the commercial
and non-commercial uku fisheries in Federal waters of the MHI for the
remainder of the fishing year. This in-season AM would be implemented
only for fishing years 2019 and 2020. The Council initially recommended
this AM for uku, along with an ACL of 127,205 lb and the post-season
AM, at the October 2017 meeting. This recommendation covered three
fishing years: 2018, 2019, and 2020. At the October 2018 meeting, the
Council updated the recommendations for uku for fishing years 2019
through 2021, but only recommended the ACL of 127,205 lb and the post-
season AM. Because the October 2018 Council meeting did not address the
in-season AM, this management measure will not be applied for fishing
year 2021.
There is also an existing in-season AM for the precious coral
fishery that would close individual coral beds if the ACL for that bed
is projected to be reached. The proposed rule makes housekeeping
changes to the text pertaining to this AM that are described below.
For all stocks except uku, the proposed ACLs and AMs are identical
to those most recently specified, in 2017. The Council did not
recommend, and NMFS did not implement, ACLs and AMs for any of the
these fisheries in 2018, while the Council and NMFS developed the
amendment to its fishery ecosystem plans to reclassify certain MUS as
ECS, which do not require ACLs and AMs. The proposed action is the
first time that ACLs and AMs would be implemented for uku as a single-
species stock.
Overall, NMFS does not expect the proposed rule to result in a
significant change in fishing operations to any fishery, or other
change that would result in any fishery having significant
environmental impacts. These fisheries have not caught their specified
ACLs in any year since they were first implemented in 2012, and catches
of uku have been less than the proposed ACL every year except one in
2017.
In addition to codifying the ACLs, this proposed rule would make
housekeeping changes to the regulations. First, the proposed rule would
correct a cross-reference in 50 CFR 665.4(c) that pertains to ACL
requirements. The current regulation references a subsection under
National Standard 1 that was changed on October 18, 2016 (81 FR 71858).
The proposed rule would update the CFR to refer to the correct
subsection on exceptions to ACL requirements (Sec. 600.310(h)(1)),
rather than the subsection on flexibility for endangered species and
aquaculture operations (Sec. 600.310(h)(2)).
The proposed rule would make three housekeeping changes related to
management of Hawaii precious corals. The proposed rule would remove
subsection (b) in Sec. 665.269, which refers to nonselective harvest
of precious coral in conditional beds because nonselective harvest of
precious coral is not permitted in any precious coral permit area (see
Sec. 665.264). The proposed rule would also remove references in
Sec. Sec. 665.267 and 665.268 to a two-year fishing period for Makapuu
Bed and Auau Channel Bed because NMFS now manages these beds on the
same one-year fishing year as all other coral beds. The proposed rule
would also replace the term ``quota'' with ``ACL'' in Sec. Sec.
665.263, 665.268, and 665.269, to make the language governing catch
limits consistent throughout the rule.
In this proposed rule, NMFS is not proposing ACLs for MUS that are
currently subject to Federal fishing moratoria or prohibitions. These
MUS include all species of gold coral (83 FR 27716, June 14, 2018), the
three Hawaii seamount groundfish (pelagic armorhead, alfonsin, and
raftfish) (84 FR 2767, February 8, 2019), and deepwater precious corals
at the Westpac Bed Refugia (75 FR 2198, January 14, 2010). Prohibitions
on fishing for these MUS serve as the functional equivalent of an ACL
of zero.
Additionally, NMFS is not proposing 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 around the PRIA within 12 nm of emergent land,
unless authorized by the U.S. Fish and Wildlife Service (USFWS) (78 FR
32996, June 3, 2013). In addition, there is 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 Pacific Remote Islands Monument in consultation with
USFWS, and may develop additional fishing requirements, including
monument-specific catch limits for species that may require them.
NMFS is also not proposing ACLs for pelagic MUS at this time,
because NMFS previously determined that pelagic species are subject to
international fishery agreements or have a life cycle of approximately
one year and, therefore, are statutorily excepted from the ACL
requirements.
NMFS previously codified 2018-2021 ACLs and AMs for Hawaii Deep 7
bottomfish (84 FR 29394, June 24, 2019).
NMFS will consider public comments on this proposed rule and will
announce the final rule in the Federal Register. NMFS must receive any
comments by the date provided in the
[[Page 7523]]
DATES heading, not postmarked or otherwise transmitted by that date.
Regardless of the final rule, all other management measures will
continue to apply in the fisheries.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator for Fisheries has determined that this
proposed rule is consistent with the Hawaii FEP, other provisions of
the Magnuson-Stevens Act, and other applicable laws, subject to further
consideration after public comment.
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 the proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The proposed action would specify ACLs and AMs for MHI precious corals,
deepwater shrimp, and uku fisheries for 2019, 2020, and 2021, and the
MHI Kona crab fishery for 2019.
Catch of species or species groups in state, and Federal would all
count toward the ACLs under this action. This would include catch by
anyone who is required to report catch to state or Federal agencies. As
a result this action would apply to hundreds of small entities across
Hawaii, although only the vessels participating in the MHI uku and
precious coral fisheries are likely to be affected because these are
the only fisheries with in-season AMs.
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard, including their affiliates,
whose primary industry is commercial fishing (see 50 CFR 200.2). A
business primarily engaged in commercial fishing (NAICS code 11411) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide. Based on available
information, NMFS has determined that all affected entities are small
entities under the SBA definition of a small entity, i.e., they are
engaged in the business of fish harvesting, are independently owned or
operated, are not dominant in their field of operation, and have gross
receipts not in excess of $11 million. Therefore, there would be no
disproportionate economic impacts between large and small entities.
Furthermore, there would be no disproportionate economic impacts among
the universe of vessels based on gear, home port, or vessel length.
Even though this proposed action would apply to a substantial
number of vessels, this action should not result in significant adverse
economic impacts to individual vessels. Furthermore, the proposed
action will not disproportionately affect vessels by gear types, areas
fished, or home ports, nor would it substantially affect effort among
participants of these fisheries. Except for the MHI uku fishery, the
proposed ACLs are the same as those implemented in recent years and
recent catch has not been constrained by ACLs. The precious coral
fishery is subject to an existing rule that implements an in-season
closure for individual coral beds if NFMS projects that the ACL for
that bed will be reached before the end of the fishing year. For the
uku fishery, the proposed rule would implement a new measure that would
close the fishery in Federal waters if NMFS projects that the ACL will
be reached. NMFS and the Council are not considering in-season closures
for the Kona crab or deepwater shrimp fisheries because fishery
management agencies are not able to track catch in these fisheries
relative to the ACLs during the fishing year. Therefore, there is no
potential for effects on fishermen from a closure of the Kona crab or
deepwater shrimp coral fisheries. A post-season review of the catch
data would be required to determine whether any fishery exceeded its
ACL by comparing the ACL to the most recent three-year average catch
for which data is available. If an ACL is exceeded, the Council and
NMFS would take action to mitigate the overage by reducing the ACL for
that fishery in the subsequent year. If an ACL is exceeded more than
once in a four-year period, the Council and NMFS would take action to
correct the operational issue that caused the ACL overages. NMFS and
the Council would evaluate the environmental, social, and economic
impacts of future actions, such as changes to future ACLs or AMs, after
the required data are available.
The MHI uku fishery would be subject to a single-species ACL for
the first time, as it has historically been subject to an ACL as part
of a group of management unit species (MUS) managed as the non-Deep 7
bottomfish. The other species within the non-Deep 7 MUS were
reclassified as ecosystem component species and are no longer subject
to an ACL. As this fishery would also be subject to an in-season AM for
fishing years 2019 and 2020 that would close the fishery in Federal
waters in the event that the catch reaches the ACL, this fishery could
potentially be directly affected. Under the proposed alternative, the
uku fishery may be constrained by the ACL set at 127,205 lb if catch
levels are similar to those in 2017, when fishermen reported catch of
131,841 lb of uku. However that was the only year in which catch would
have exceeded an ACL of 127,205 lb out of the last seven years since
ACLs were first specified, so NMFS expects that in most years the
fishery would not reach the proposed ACL. If the fishery did close, it
would likely be near the end of the fishing year, which could result in
the fishery earning slightly lower revenue compared with the No Action
Alternative. Though catch in 2017 was higher than the proposed ACL in
2017, over the last ten years there has been no three-year period where
uku catch reached the proposed ACL. The recent three-year averages are
as follows: 105,980 lb average catch for the three years spanning 2014-
2016, 117,657 lb for 2015-2017, and 108,544 lb for 2016-2018. Based on
recent fishing performance, and with the in-season accountability
measure, the fishery is not likely to be subject to a post-season ACL
overage adjustment. Between 2012 and 2017, an average of 297 fishermen
reported catch of MHI uku using deep sea handline, inshore handline,
and/or trolling with bait. NMFS estimates that up to 300 uku fishermen
could potentially be directly affected by this action in any given
year.
The precious coral fishery is also subject to an in-season closure
under existing regulations. However, since 2013 there has been only one
participant in the fishery annually that could be directly affected by
this action and catches have not exceed the ACLs. Based on recent
fishing performance, and with the in-season accountability measure, the
fishery is not likely to be subject to a post-season ACL overage
adjustment.
For most of the fisheries subject to this proposed action,
fishermen would be able to fish throughout the entire year. The ACLs,
as proposed, would not change the gear type, areas fished, effort, or
participation of the fisheries during the fishing years under
consideration. The proposed action does not duplicate, overlap, or
conflict with other Federal rules and is not expected to have
significant impact on small entities (as discussed above),
organizations, or government jurisdictions. The proposed action also
will not place a substantial number of small entities, or any segment
of small entities, at a significant competitive disadvantage to large
entities.
[[Page 7524]]
For the reasons above, NMFS does not expect the proposed action to
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.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Executive Order 13771
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
List of Subjects in 50 CFR Part 665
Annual catch limits, Accountability measures, Bottomfish, Deepwater
shrimp, Precious corals, Kona crab, Uku, Fisheries, Fishing, Hawaii,
Pacific Islands.
Dated: February 4, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for 50 CFR part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.4, revise paragraph (c) to read as follows:
Sec. 665.4 Annual catch limits.
* * * * *
(c) Exceptions. The Regional Administrator is not required to
specify an annual catch limit for an ECS, or for an MUS that is
statutorily excepted from the requirement pursuant to 50 CFR
600.310(h)(1).
* * * * *
0
3. In Sec. 665.204, revise paragraphs (h) and (i) to read as follows:
Sec. 665.204 Prohibitions.
* * * * *
(h) Fish for or possess any bottomfish MUS as defined in Sec.
665.201, in the MHI management subarea after a closure of its
respective fishery, in violation of Sec. 665.211.
(i) Sell or offer for sale any bottomfish MUS as defined in Sec.
665.201, after a closure of its respective fishery, in violation of
Sec. 665.211.
* * * * *
0
4. Revise Sec. 665.211 to read as follows:
Sec. 665.211 Annual Catch Limits (ACL).
(a) In accordance with Sec. 665.4, the ACLs for MHI bottomfish
fisheries for each fishing year are as follows:
----------------------------------------------------------------------------------------------------------------
2018-19 ACL 2019-20 ACL 2020-21 ACL
Fishery (lb) (lb) (lb)
----------------------------------------------------------------------------------------------------------------
Deep 7 bottomfish............................................ 492,000 492,000 492,000
----------------------------------------------------------------------------------------------------------------
2019 ACL 2020 ACL 2021 ACL
(lb) (lb) (lb)
----------------------------------------------------------------------------------------------------------------
Uku.......................................................... 127,205 127,205 127,205
----------------------------------------------------------------------------------------------------------------
(b) When a bottomfish ACL is projected to be reached based on
analyses of available information, the Regional Administrator shall
publish a notice to that effect in the Federal Register and shall use
other means to notify permit holders. The notice will include an
advisement that the fishery will be closed beginning at a specified
date, which is not earlier than seven days after the date of filing the
closure notice for public inspection at the Office of the Federal
Register, until the end of the fishing year in which the ACL is
reached.
(c) On and after the date specified in Sec. 665.211(b), no person
may fish for or possess any bottomfish MUS from a closed fishery in the
MHI management subarea, except as otherwise allowed in this section.
(d) On and after the date specified in Sec. 665.211(b), no person
may sell or offer for sale any bottomfish MUS from a closed fishery,
except as otherwise authorized by law.
(e) Fishing for, and the resultant possession or sale of, any
bottomfish MUS by vessels legally registered to Mau Zone, Ho'omalu
Zone, or PRIA bottomfish fishing permits and conducted in compliance
with all other laws and regulations, is exempted from this section.
0
5. Add Sec. 665.253 to read as follows:
Sec. 665.253 Annual Catch Limits (ACL).
In accordance with Sec. 665.4, the ACLs for MHI crusteaceans for
each fishing year are as follows:
----------------------------------------------------------------------------------------------------------------
Fishery 2019 ACL (lb) 2020 ACL (lb) 2021 ACL (lb)
----------------------------------------------------------------------------------------------------------------
Kona crab....................................................... 3,500 NA NA
Deepwater shrimp................................................ 250,733 250,733 250,733
----------------------------------------------------------------------------------------------------------------
0
6. In Sec. 665.267, revise paragraph (b)(3) to read as follows:
Sec. 665.263 Prohibitions.
* * * * *
(b) * * *
(3) In a bed for which the ACL specified in Sec. 665.269 has been
attained.
* * * * *
0
7. Revise Sec. 665.267 to read as follows:
Sec. 665.267 Seasons.
The fishing year for precious coral begins on July 1 and ends on
June 30 the following year.
0
8. In Sec. 665.268 revise paragraph (a) to read as follows:
Sec. 665.268 Closures.
(a) If the Regional Administrator determines that the ACL for any
coral bed will be reached prior to the end of the fishing year, NMFS
shall publish a notice to that effect in the Federal Register and shall
use other means to notify permit holders. Any such notice must indicate
the fishery shall be closed, the reason for the closure, the specific
bed being closed, and the effective date of the closure.
* * * * *
0
9. Revise Sec. 665.269 to read as follows:
[[Page 7525]]
Sec. 665.269 Annual Catch Limits (ACL).
(a) General. The ACLs limiting the amount of precious coral that
may be taken in any precious coral permit area during the fishing year
are listed paragraph (c) of this section. Only live coral is counted
toward the ACL. The accounting period for each fishing year for all
precious coral ACLs begins July 1 and ends June 30 of the following
year.
(b) Reserves and reserve release. The ACL for exploratory area X-P-
H will be held in reserve for harvest by vessels of the United States
in the following manner:
(1) At the start of the fishing year, the reserve for the Hawaii
exploratory areas will equal the ACL minus the estimated domestic
annual harvest for that year.
(2) As soon as practicable after December 31 each year, the
Regional Administrator will determine the amount harvested by vessels
of the United States between July 1 and December 31 of the year that
just ended on December 31.
(3) NMFS will release to TALFF an amount of Hawaii precious coral
for each exploratory area equal to the ACL minus two times the amount
harvested by vessels of the United States in that July 1-December 31
period.
(4) NMFS will publish in the Federal Register a notification of the
Regional Administrator's determination and a summary of the information
on which it is based as soon as practicable after the determination is
made.
(c) In accordance with Sec. 665.4, the ACLs for MHI precious coral
permit areas for each fishing year are as follows:
Table 1 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Type of coral bed Area and coral group 2019 ACL (lb) 2020 ACL (lb) 2021 ACL (lb)
----------------------------------------------------------------------------------------------------------------
Established bed....................... Auau Channel--Black 5,512 5,512 5,512
coral.
Makapuu Bed--Pink and 2,205 2,205 2,205
red coral.
Makapuu Bed--Bamboo 551 551 551
coral.
Conditional Beds...................... 180 Fathom Bank--Pink 489 489 489
and red coral.
180 Fathom Bank--Bamboo 123 123 123
coral.
Brooks Bank--Pink and 979 979 979
red coral.
Brooks Bank--Bamboo 245 245 245
coral.
Kaena Point Bed--Pink 148 148 148
and red coral.
Kaena Point Bed--Bamboo 37 37 37
coral.
Keahole Bed--Pink and 148 148 148
red coral.
Keahole Bed--Bamboo 37 37 37
coral.
Exploratory Area...................... Hawaii--precious coral.. 2,205 2,205 2,205
----------------------------------------------------------------------------------------------------------------
Note 1 to Sec. 665.269: No fishing for coral is authorized in
refugia.
Note 2 to Sec. 665.269: A moratorium on gold coral harvesting
is in effect through June 30, 2023.
[FR Doc. 2020-02536 Filed 2-7-20; 8:45 am]
BILLING CODE 3510-22-P
