Pacific Island Fisheries; 2023 Northwestern Hawaiian Islands Lobster Harvest Guideline, 69554 [2023-22288]
Download as PDF
<![CDATA[
69554
Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Section 305(c)(2) of the MagnusonStevens Act provides the Council the
authority to request interim measures, if
necessary, to reduce overfishing. The
Council sent a letter to NMFS, dated
June 18, 2022, requesting that NMFS
implement interim measures to
immediately reduce overfishing of gag
while long-term management measures
were developed to end overfishing of
gag. Section 305(c)(3)(B) of the
Magnuson-Stevens Act allows for
interim measures to be extended for one
additional period of 186 days provided
that the public has had an opportunity
to comment on the interim measures
and that the Council is actively
preparing an FMP amendment to
address the overfishing on a permanent
basis. NMFS published in the Federal
Register a proposed temporary rule on
February 3, 2023, and requested public
comments on these interim measures
(88 FR 7388). NMFS responded to
public comments in the final temporary
rule that was published in the Federal
Register on May 3, 2023 (88 FR 27701).
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Act, 16 U.S.C. 1855(c). The NMFS
Assistant Administrator has determined
that this temporary rule extension is
consistent with the Magnuson-Stevens
Act and other applicable law.
This temporary rule extension has
been determined to be not significant for
purposes of Executive Order 12866.
This temporary rule extension is
exempt from the procedures of the RFA,
because this temporary rule extension is
issued without the opportunity for prior
notice and public comment.
NMFS prepared an EA for the interim
measures contained in the January 2,
2018, final temporary rule (83 FR 65).
The EA analyzed the impacts of reduced
commercial and recreational harvest
and the change to the 2023 recreational
season through the 2023 fishing year,
which includes the impacts related to
extending the interim measures. If
additional management measures are
not implemented after the extension
expires, the recreational season would
open on June 1, 2024, and the
commercial and recreational catch
limits would increase to the levels in
place prior to the final temporary rule.
Impacts during the 2024 fishing year
would be a result of the implementation
of the management measures included
in Amendment 56, which are
considered in the EA supporting that
VerDate Sep<11>2014
15:54 Oct 05, 2023
Jkt 262001
amendment. Therefore, the impacts of
extending the interim measures through
this temporary rule have already been
considered. An electronic copy of the
EA supporting the interim measures is
available from NMFS (see the
ADDRESSES section).
This temporary rule extension
contains no information collection
requirements under the Paperwork
Reduction Act of 1995.
Pursuant to the authority set forth in
5 U.S.C. 553(b)(B), there is good cause
to waive the requirements to provide
prior notice and opportunity for public
comment on this action as such
procedures for this temporary rule
extension are unnecessary and contrary
to the public interest. Such procedures
are unnecessary because NMFS already
published a proposed temporary rule on
February 3, 2023, and requested public
comments on these interim measures,
including their potential extension.
NMFS responded to public comments in
the final temporary rule published on
May 3, 2023. This temporary rule
extension continues the interim
measures unchanged for up to an
additional 186 days.
Additional notice and opportunity for
public comment are contrary to the
public interest because of the need to
continue these interim measures
without interruption to protect the gag
stock until NMFS can implement
management measures to end
overfishing and rebuild the Gulf gag
stock. Prior notice and opportunity for
public comment would require
additional time and could result in an
interruption of the interim measures
and, therefore, allow harvest in excess
of the catch limits implemented by this
temporary rule extension. Increased
harvest of gag would be inconsistent
with the purpose of implementing the
interim measures under section 305(c)
of the of the Magnuson-Stevens Act,
which is to reduce overfishing while
permanent measures can be developed
and implemented.
For the reasons just stated, there is
also good cause to waive the 30-day
delay in the effectiveness of this action
under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[RTID 0648–XD434]
Pacific Island Fisheries; 2023
Northwestern Hawaiian Islands
Lobster Harvest Guideline
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notification of lobster harvest
guideline.
ACTION:
NMFS establishes the annual
harvest guideline for the commercial
lobster fishery in the Northwestern
Hawaiian Islands (NWHI) for calendar
year 2023 at zero lobsters.
SUMMARY:
DATES:
October 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Keith Kamikawa, NMFS PIRO
Sustainable Fisheries, 808–725–5177.
NMFS
manages the NWHI commercial lobster
fishery under the Fishery Ecosystem
Plan for the Hawaiian Archipelago. The
regulations at 50 CFR 665.252(b) require
NMFS to publish an annual harvest
guideline for lobster Permit Area 1,
comprised of Federal waters around the
NWHI.
Regulations governing the
Papahanaumokuakea Marine National
Monument in the NWHI prohibit the
unpermitted removal of monument
resources (50 CFR 404.7), and establish
a zero annual harvest guideline for
lobsters (50 CFR 404.10(a)).
Accordingly, NMFS establishes the
harvest guideline for the NWHI
commercial lobster fishery for calendar
year 2023 at zero lobsters. Harvest of
NWHI lobster resources is not allowed.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 1801 et seq.
Dated: October 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–22288 Filed 10–5–23; 8:45 am]
BILLING CODE P
[FR Doc. 2023–22263 Filed 10–5–23; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00026
Fmt 4700
Sfmt 9990
E:\FR\FM\06OCR1.SGM
06OCR1
]]>Agencies
[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Rules and Regulations]
[Page 69554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22288]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[RTID 0648-XD434]
Pacific Island Fisheries; 2023 Northwestern Hawaiian Islands
Lobster Harvest Guideline
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of lobster harvest guideline.
-----------------------------------------------------------------------
SUMMARY: NMFS establishes the annual harvest guideline for the
commercial lobster fishery in the Northwestern Hawaiian Islands (NWHI)
for calendar year 2023 at zero lobsters.
DATES: October 6, 2023.
FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS PIRO Sustainable
Fisheries, 808-725-5177.
SUPPLEMENTARY INFORMATION: NMFS manages the NWHI commercial lobster
fishery under the Fishery Ecosystem Plan for the Hawaiian Archipelago.
The regulations at 50 CFR 665.252(b) require NMFS to publish an annual
harvest guideline for lobster Permit Area 1, comprised of Federal
waters around the NWHI.
Regulations governing the Papahanaumokuakea Marine National
Monument in the NWHI prohibit the unpermitted removal of monument
resources (50 CFR 404.7), and establish a zero annual harvest guideline
for lobsters (50 CFR 404.10(a)). Accordingly, NMFS establishes the
harvest guideline for the NWHI commercial lobster fishery for calendar
year 2023 at zero lobsters. Harvest of NWHI lobster resources is not
allowed.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22288 Filed 10-5-23; 8:45 am]
BILLING CODE P
