Pacific Island Fisheries; 2022-2025 Annual Catch Limits and Accountability Measures for Main Hawaiian Islands Deepwater Shrimp and Precious Coral Fisheries, 14081-14082 [2023-04359]

Download as PDF Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Rules and Regulations 553 or any other law does not require prior notice and an opportunity for public comment for this notice of the effectiveness of the IPHC’s 2023 management measures, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. This final rule has been determined to be not significant for the purposes of Executive Order 12866. The Paperwork Reduction Act of 1995 requires consideration of the impact of recordkeeping and other information collection burdens imposed on the public. Alaska state law establishes information collection requirements regarding harvest records for individual recreational anglers. See Alaska Admin. Code tit. 5, § 75.006(a) (2023). This final rule contains no new recordkeeping requirements beyond those contained in existing Alaska state or federal law and therefore involves no additional collection of information burden. Moreover, because there is, at present, no annual limit on the number of Pacific halibut that may be retained by a charter vessel angler as defined at 50 CFR 300.61, the recordkeeping requirements referenced in section 29(1)(h) of the IPHC’s Annual Management Measures do not apply during 2023. Authority: 16 U.S.C. 773 et seq. Dated: March 1, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2023–04598 Filed 3–6–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 230227–0056] RIN 0648–BL35 Pacific Island Fisheries; 2022–2025 Annual Catch Limits and Accountability Measures for Main Hawaiian Islands Deepwater Shrimp and Precious Coral Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: In this final rule, NMFS implements annual catch limits (ACL) and accountability measures (AM) for main Hawaiian Islands (MHI) deepwater shrimp and precious coral for each fishing year in the time period between 2022 and 2025. As a post-season AM, if NMFS determines that the average total catch from the most recent 3 fishing years exceeded an ACL in a fishing year, we would reduce the ACL for the following fishing year by the amount of the overage. Although the 2022 fishing year for deepwater shrimp has ended, we will evaluate 2022 catches against the final ACL when data become available. This final rule supports the long-term sustainability of MHI deepwater shrimp and precious coral. DATES: The final rule is effective April 6, 2023. The final ACLs and AMs are applicable for fishing years from January 1, 2022 through December 31, 2025 for deepwater shrimp and July 1, 2022 through June 30, 2025 for precious coral. ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaii Archipelago (FEP) are available from the SUMMARY: 14081 Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel. 808–522–8220, fax 808–522–8226, or https://www.wpcouncil.org. Copies of the environmental analyses and other supporting documents for this action are available from https:// www.regulations.gov/docket/NOAANMFS-2022-0113, or from Sarah Malloy, Acting Regional Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS PIRO Sustainable Fisheries, 808–725–5177. NMFS and the Council manage fisheries in the U.S. Exclusive Economic Zone (EEZ, or Federal waters) around Hawaii under the Fishery Ecosystem Plan for the Hawaiian Archipelago, as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), with regulations at 50 CFR part 665. The FEP contains a process for the Council and NMFS to specify ACLs and AMs, codified at 50 CFR 665.4. NMFS must specify ACLs and AMs 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 an AM reducing the ACL for the subsequent fishing year by the amount of the overage, or other appropriate action. This rule would establish the following ACLs for MHI deepwater shrimp and precious coral for each fishing year in the time period between 2022 and 2025 and they are consistent with past ACLs for these fisheries: SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with RULES1 TABLE 1—ANNUAL CATCH LIMITS FOR MAIN HAWAIIAN ISLANDS DEEPWATER SHRIMP AND PRECIOUS CORALS FOR EACH FISHING YEAR IN THE TIME PERIOD BETWEEN 2022 AND 2025 Fishery Stock Crustacean ................................................ Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Precious Coral .......................................... Deepwater shrimp ........................................................................................................ 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 Exploratory Area—precious coral .................................................................... VerDate Sep<11>2014 16:34 Mar 06, 2023 Jkt 259001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\07MRR1.SGM ACL (lb) 07MRR1 250,773 5,512 2,205 551 489 123 979 245 148 37 148 37 2,205 14082 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Rules and Regulations This rule is consistent with recommendations made by the Council at its March 2022 meeting. The Council recommended that NMFS implement ACLs and AMs for all subject stocks for each fishing year in the time period between 2022 and 2025. The fishing year is the calendar year for deepwater shrimp and July 1 through June 30 for precious coral. As a post-season AM for each stock, NMFS and the Council will evaluate the catch after each fishing year relative to the ACL. If NMFS and the Council determine the average catch of the 3 most recent fishing years exceeds an ACL, NMFS will reduce the ACL for the subsequent fishing year through a separate rulemaking. These 2022–2025 ACLs are unchanged from past deepwater shrimp and precious coral ACLs and the subject fisheries have not caught their specified ACLs in any year since the ACLs were first implemented in 2012. There are currently three active Federal permits for the deepwater shrimp fishery and none for precious coral. Comments and Response No comments were received on the proposed rule during the public comment period. Changes From the Proposed Rule List of Subjects in 50 CFR Part 665 The final rule contains no changes from the proposed rule. Accountability measures, Annual catch limits, Deepwater shrimp, Precious coral, Fisheries, Fishing, Hawaii, Pacific Islands. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with the FEP, other provisions of the MagnusonStevens 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. The factual basis for the certification was published in the proposed rule and is not repeated here. NMFS received no comments regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This final rule has been determined to be not significant for purposes of Executive Order 12866. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. Dated: February 27, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 50 CFR part 665 as follows: PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for 50 CFR part 665 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 665.253, revise paragraph (a)(1) to read as follows: ■ § 665.253 Annual Catch Limits (ACL) and Annual Catch Targets (ACT). (a) Deepwater shrimp. (1) In accordance with § 665.4, the ACLs for each fishing year are as follows: TABLE 1 TO PARAGRAPH (a)(1) Fishing year 2022 2023 2024 2025 ACL (lb) ............................................................................................................ 250,773 250,773 250,773 250,773 * * * * § 665.269 * 3. In § 665.269, revise paragraph (c) to read as follows: ■ Annual Catch Limits (ACL). * * * * * (c) Precious coral. 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 ................................................................... ddrumheller on DSK120RN23PROD with RULES1 Conditional Beds ............ Exploratory Area ............ * * * * 2022–23 ACL (lb) 2023–24 ACL (lb) 2024–25 ACL (lb) 5,512 2,205 551 489 123 979 245 148 37 148 37 2,205 5,512 2,205 551 489 123 979 245 148 37 148 37 2,205 5,512 2,205 551 489 123 979 245 148 37 148 37 2,205 * [FR Doc. 2023–04359 Filed 3–6–23; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:34 Mar 06, 2023 Jkt 259001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\07MRR1.SGM 07MRR1

Agencies

[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Rules and Regulations]
[Pages 14081-14082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04359]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 230227-0056]
RIN 0648-BL35

Pacific Island Fisheries; 2022-2025 Annual Catch Limits and
Accountability Measures for Main Hawaiian Islands Deepwater Shrimp and
Precious Coral Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this final rule, NMFS implements annual catch limits (ACL)
and accountability measures (AM) for main Hawaiian Islands (MHI)
deepwater shrimp and precious coral for each fishing year in the time
period between 2022 and 2025. As a post-season AM, if NMFS determines
that the average total catch from the most recent 3 fishing years
exceeded an ACL in a fishing year, we would reduce the ACL for the
following fishing year by the amount of the overage. Although the 2022
fishing year for deepwater shrimp has ended, we will evaluate 2022
catches against the final ACL when data become available. This final
rule supports the long-term sustainability of MHI deepwater shrimp and
precious coral.

DATES: The final rule is effective April 6, 2023. The final ACLs and
AMs are applicable for fishing years from January 1, 2022 through
December 31, 2025 for deepwater shrimp and July 1, 2022 through June
30, 2025 for precious coral.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaii
Archipelago (FEP) 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 https://www.wpcouncil.org.
Copies of the environmental analyses and other supporting documents
for this action are available from https://www.regulations.gov/docket/NOAA-NMFS-2022-0113, or from Sarah Malloy, Acting Regional
Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp
Blvd. Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS PIRO Sustainable
Fisheries, 808-725-5177.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage fisheries in the
U.S. Exclusive Economic Zone (EEZ, or Federal waters) around Hawaii
under the Fishery Ecosystem Plan for the Hawaiian Archipelago, as
authorized by the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act), with regulations at 50 CFR part 665. The
FEP contains a process for the Council and NMFS to specify ACLs and
AMs, codified at 50 CFR 665.4. NMFS must specify ACLs and AMs 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 an AM reducing the ACL for the subsequent
fishing year by the amount of the overage, or other appropriate action.
This rule would establish the following ACLs for MHI deepwater
shrimp and precious coral for each fishing year in the time period
between 2022 and 2025 and they are consistent with past ACLs for these
fisheries:

Table 1--Annual Catch Limits for Main Hawaiian Islands Deepwater Shrimp
and Precious Corals for Each Fishing Year in the Time Period Between
2022 and 2025
------------------------------------------------------------------------
Fishery Stock ACL (lb)
------------------------------------------------------------------------
Crustacean..................... Deepwater shrimp....... 250,773
Precious Coral................. Auau Channel--Black 5,512
coral.
Precious Coral................. Makapuu Bed--Pink and 2,205
red coral.
Precious Coral................. Makapuu Bed--Bamboo 551
coral.
Precious Coral................. 180 Fathom Bank--Pink 489
and red coral.
Precious Coral................. 180 Fathom Bank--Bamboo 123
coral.
Precious Coral................. Brooks Bank--Pink and 979
red coral.
Precious Coral................. Brooks Bank--Bamboo 245
coral.
Precious Coral................. Kaena Point Bed--Pink 148
and red coral.
Precious Coral................. Kaena Point Bed--Bamboo 37
coral.
Precious Coral................. Keahole Bed--Pink and 148
red coral.
Precious Coral................. Keahole Bed--Bamboo 37
coral.
Precious Coral................. Hawaii Exploratory 2,205
Area--precious coral.
------------------------------------------------------------------------

[[Page 14082]]

This rule is consistent with recommendations made by the Council at
its March 2022 meeting. The Council recommended that NMFS implement
ACLs and AMs for all subject stocks for each fishing year in the time
period between 2022 and 2025.
The fishing year is the calendar year for deepwater shrimp and July
1 through June 30 for precious coral. As a post-season AM for each
stock, NMFS and the Council will evaluate the catch after each fishing
year relative to the ACL. If NMFS and the Council determine the average
catch of the 3 most recent fishing years exceeds an ACL, NMFS will
reduce the ACL for the subsequent fishing year through a separate
rulemaking. These 2022-2025 ACLs are unchanged from past deepwater
shrimp and precious coral ACLs and the subject fisheries have not
caught their specified ACLs in any year since the ACLs were first
implemented in 2012. There are currently three active Federal permits
for the deepwater shrimp fishery and none for precious coral.

Comments and Response

No comments were received on the proposed rule during the public
comment period.

Changes From the Proposed Rule

The final rule contains no changes from the proposed rule.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FEP, other provisions of the Magnuson-Stevens Act,
and other applicable laws.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. NMFS received no comments
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

Accountability measures, Annual catch limits, Deepwater shrimp,
Precious coral, Fisheries, Fishing, Hawaii, Pacific Islands.

Dated: February 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, NMFS amends 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. 665.253, revise paragraph (a)(1) to read as follows:

Sec. 665.253 Annual Catch Limits (ACL) and Annual Catch Targets
(ACT).

(a) Deepwater shrimp. (1) In accordance with Sec. 665.4, the ACLs
for each fishing year are as follows:

Table 1 to Paragraph (a)(1)
----------------------------------------------------------------------------------------------------------------
Fishing year 2022 2023 2024 2025
----------------------------------------------------------------------------------------------------------------
ACL (lb).................................... 250,773 250,773 250,773 250,773
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. In Sec. 665.269, revise paragraph (c) to read as follows:

Sec. 665.269 Annual Catch Limits (ACL).

* * * * *
(c) Precious coral. 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)
----------------------------------------------------------------------------------------------------------------
2022-23 ACL 2023-24 ACL 2024-25 ACL
Type of coral bed Area and coral group (lb) (lb) (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
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-04359 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-22-P

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