Federal Register/Vol. 85, No. 27/Monday, February 10, 2020

Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Proposed Rules 7521

voluntarily by the sender will be ACTION: Proposed rule; request for SUPPLEMENTARY INFORMATION: NMFS and publicly accessible. NMFS will accept comments. the Western Pacific Fishery anonymous comments (enter ‘‘N/A’’ in Management Council (Council) manage the required fields if you wish to remain SUMMARY: NMFS proposes to implement fisheries in the U.S. Exclusive Economic anonymous). main Hawaiian Islands (MHI) annual Zone (EEZ, or Federal waters) around Copies of Amendment 6, and of the catch limits (ACLs) and accountability the U.S. Pacific Islands under Environmental Assessment (EA), are measures (AMs) for deepwater shrimp, archipelagic fishery ecosystem plans available from the Mid-Atlantic Fishery precious corals, and gray jobfish (uku) (FEPs) for American Samoa, Hawaii, the Management Council, 800 North State in 2019–2021, and for Kona crab in Pacific Remote Islands, and the Mariana 2019. The proposed ACLs and AMs Street, Suite 201, Dover, DE 19901. Archipelago (Guam and the CNMI). A support the long-term sustainability of The EA and Regulatory Impact fifth FEP covers pelagic fisheries. The Pacific Island fisheries. Review are also accessible via the Council developed the FEPs, and NMFS internet at: http://www.mafmc.org/ DATES: NMFS must receive comments implemented them under the authority actions/blueline-tilefish. by March 2, 2020. of the Magnuson-Stevens Fishery ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: Conservation and Management Act on the proposed rule, identified by Laura Hansen, Fishery Management (Magnuson-Stevens Act), with NOAA–NMFS–2019–0124, by either of Specialist, 978–281–9225. regulations at Title 50 Code of Federal the following methods: Regulations, Part 665 (50 CFR 665). SUPPLEMENTARY INFORMATION: On • Electronic Submission: Submit all January 29, 2020, we published a rule electronic public comments via the Each FEP contains a process for the proposing to implement permitting and Federal e-Rulemaking Portal. Go to Council and NMFS to specify ACLs and reporting for private recreational tilefish http://www.regulations.gov/ AMs; that process is codified at 50 CFR vessels (85 FR 5186). The proposed rule #!docketDetail;D=NOAA-NMFS-2019- 665.4. NMFS must specify an ACL and included errors in the comment 1024, click the ‘‘Comment Now!’’ icon, AM(s) for each stock and stock complex identifier and the link to the comment complete the required fields, and enter of management unit species (MUS) in an portal. The corrections have been made or attach your comments. FEP, as recommended by the Council in the ADDRESSES section of this • Mail: Send written comments to and considering the best available document. Michael D. Tosatto, Regional scientific, commercial, and other information about the fishery. If a Dated: February 4, 2020. Administrator, NMFS Pacific Islands fishery exceeds an ACL, the regulations Samuel D. Rauch III, Regional Office (PIRO), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. require the Council to take action, Deputy Assistant Administrator for Instructions: NMFS may not consider which may include reducing the ACL Regulatory Programs, National Marine for the subsequent fishing year by the Fisheries Service. comments sent by any other method, to any other address or individual, or amount of the overage, or other [FR Doc. 2020–02538 Filed 2–7–20; 8:45 am] received after the end of the comment appropriate action. BILLING CODE 3510–22–P period. All comments received are a NMFS proposes to implement ACLs part of the public record and will and AMs for MHI deepwater shrimp, DEPARTMENT OF COMMERCE generally be posted for public viewing precious corals, and uku for 2019–2021, on www.regulations.gov without change. and for Kona crab for 2019 (see Table 1). National Oceanic and Atmospheric All personal identifying information The proposed rule is consistent with Administration (e.g., name, address, etc.), confidential recommendations made by the Council business information, or otherwise at its October 2017 and October 2018 50 CFR Part 665 sensitive information submitted meetings. The Council recommended voluntarily by the sender will be that NMFS implement ACLs and AMs publicly accessible. NMFS will accept [Docket No. 200204–0045] for 2019, 2020, and 2021 for all stocks, anonymous comments (enter ‘‘N/A’’ in except for MHI Kona crab, which they the required fields if you wish to remain recommended that NMFS implement an RIN 0648–BJ41 anonymous). ACL and AM only for 2019 because a NMFS prepared environmental Pacific Island Fisheries; 2019–2021 new stock assessment is available to analyses that describe potential impacts support ACL recommendations for this Annual Catch Limits and on the human environment. These Accountability Measures stock for 2020 and beyond. The fishing analyses are available at year for each fishery begins on January AGENCY: National Marine Fisheries www.regulations.gov. 1 and ends on December 31, except for Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: precious coral fisheries, which begin Atmospheric Administration (NOAA), Brett Schumacher, NMFS PIRO July 1 and end on June 30 of the next Commerce. Sustainable Fisheries, 808–725–5185. year.

TABLE 1—PROPOSED ACLS FOR STOCKS IN THIS PROPOSED RULE

ACL Stock (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

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TABLE 1—PROPOSED ACLS FOR STOCKS IN THIS PROPOSED RULE—Continued

ACL Stock (lb) Year(s)

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 MUS as ECS, which do not require In this proposed rule, NMFS is not the Council would evaluate the catch ACLs and AMs. The proposed action is proposing ACLs for MUS that are after each fishing year to determine if the first time that ACLs and AMs would currently subject to Federal fishing the average catch of the three most be implemented for uku as a single- moratoria or prohibitions. These MUS recent years exceeded its ACL. If it did, species stock. include all species of gold coral (83 FR the Council would recommend a Overall, NMFS does not expect the 27716, June 14, 2018), the three Hawaii reduction of the ACL of that fishery in proposed rule to result in a significant seamount groundfish (pelagic the subsequent year equal to the amount change in fishing operations to any armorhead, alfonsin, and raftfish) (84 FR of the overage. In the event that NMFS fishery, or other change that would 2767, February 8, 2019), and deepwater needs to reduce an ACL because a result in any fishery having significant precious corals at the Westpac Bed fishery exceeded its ACL, we would environmental impacts. These fisheries Refugia (75 FR 2198, January 14, 2010). implement that AM through a separate have not caught their specified ACLs in Prohibitions on fishing for these MUS rulemaking. any year since they were first serve as the functional equivalent of an In addition to this post-season AM, implemented in 2012, and catches of ACL of zero. the proposed rule would implement a uku have been less than the proposed Additionally, NMFS is not proposing new in-season AM for the uku fishery ACL every year except one in 2017. ACLs for bottomfish, crustacean, where, if NMFS projects that catch will precious coral, or coral reef ecosystem reach the ACL, NMFS would close the In addition to codifying the ACLs, this MUS identified in the Pacific Remote commercial and non-commercial uku proposed rule would make Islands Area (PRIA) FEP. This is fisheries in Federal waters of the MHI housekeeping changes to the because fishing is prohibited in the EEZ for the remainder of the fishing year. regulations. First, the proposed rule around the PRIA within 12 nm of This in-season AM would be would correct a cross-reference in 50 emergent land, unless authorized by the implemented only for fishing years 2019 CFR 665.4(c) that pertains to ACL U.S. Fish and Wildlife Service (USFWS) and 2020. The Council initially requirements. The current regulation (78 FR 32996, June 3, 2013). In addition, recommended this AM for uku, along references a subsection under National there is no suitable habitat for these with an ACL of 127,205 lb and the post- Standard 1 that was changed on October stocks beyond the 12-nm no-fishing season AM, at the October 2017 18, 2016 (81 FR 71858). The proposed zone, except at Kingman Reef, where meeting. This recommendation covered rule would update the CFR to refer to fishing for these resources does not three fishing years: 2018, 2019, and the correct subsection on exceptions to occur. Therefore, the current 2020. At the October 2018 meeting, the ACL requirements (§ 600.310(h)(1)), prohibitions on fishing serve as the Council updated the recommendations rather than the subsection on flexibility functional equivalent of an ACL of zero. for uku for fishing years 2019 through for endangered species and aquaculture However, NMFS will continue to 2021, but only recommended the ACL of operations (§ 600.310(h)(2)). monitor authorized fishing within the 127,205 lb and the post-season AM. The proposed rule would make three Pacific Remote Islands Monument in Because the October 2018 Council housekeeping changes related to consultation with USFWS, and may meeting did not address the in-season management of Hawaii precious corals. develop additional fishing AM, this management measure will not The proposed rule would remove requirements, including monument- be applied for fishing year 2021. subsection (b) in § 665.269, which refers specific catch limits for species that may There is also an existing in-season to nonselective harvest of precious coral require them. AM for the precious coral fishery that in conditional beds because NMFS is also not proposing ACLs for would close individual coral beds if the nonselective harvest of precious coral is pelagic MUS at this time, because ACL for that bed is projected to be not permitted in any precious coral NMFS previously determined that reached. The proposed rule makes permit area (see § 665.264). The pelagic species are subject to housekeeping changes to the text proposed rule would also remove international fishery agreements or have pertaining to this AM that are described references in §§ 665.267 and 665.268 to a life cycle of approximately one year below. a two-year fishing period for Makapuu and, therefore, are statutorily excepted For all stocks except uku, the Bed and Auau Channel Bed because from the ACL requirements. proposed ACLs and AMs are identical to NMFS now manages these beds on the NMFS previously codified 2018–2021 those most recently specified, in 2017. same one-year fishing year as all other ACLs and AMs for Hawaii Deep 7 The Council did not recommend, and coral beds. The proposed rule would bottomfish (84 FR 29394, June 24, 2019). NMFS did not implement, ACLs and also replace the term ‘‘quota’’ with NMFS will consider public comments AMs for any of the these fisheries in ‘‘ACL’’ in §§ 665.263, 665.268, and on this proposed rule and will 2018, while the Council and NMFS 665.269, to make the language governing announce the final rule in the Federal developed the amendment to its fishery catch limits consistent throughout the Register. NMFS must receive any ecosystem plans to reclassify certain rule. comments by the date provided in the

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DATES heading, not postmarked or Furthermore, there would be no event that the catch reaches the ACL, otherwise transmitted by that date. disproportionate economic impacts this fishery could potentially be directly Regardless of the final rule, all other among the universe of vessels based on affected. Under the proposed management measures will continue to gear, home port, or vessel length. alternative, the uku fishery may be apply in the fisheries. Even though this proposed action constrained by the ACL set at 127,205 would apply to a substantial number of lb if catch levels are similar to those in Classification vessels, this action should not result in 2017, when fishermen reported catch of Pursuant to section 304(b)(1)(A) of the significant adverse economic impacts to 131,841 lb of uku. However that was the Magnuson-Stevens Act, the NMFS individual vessels. Furthermore, the only year in which catch would have Assistant Administrator for Fisheries proposed action will not exceeded an ACL of 127,205 lb out of has determined that this proposed rule disproportionately affect vessels by gear the last seven years since ACLs were is consistent with the Hawaii FEP, other types, areas fished, or home ports, nor first specified, so NMFS expects that in provisions of the Magnuson-Stevens would it substantially affect effort most years the fishery would not reach Act, and other applicable laws, subject among participants of these fisheries. the proposed ACL. If the fishery did to further consideration after public Except for the MHI uku fishery, the close, it would likely be near the end of comment. proposed ACLs are the same as those the fishing year, which could result in Certification of Finding of No implemented in recent years and recent the fishery earning slightly lower Significant Impact on Substantial catch has not been constrained by ACLs. revenue compared with the No Action Number of Small Entities The precious coral fishery is subject to Alternative. Though catch in 2017 was an existing rule that implements an in- higher than the proposed ACL in 2017, The Chief Counsel for Regulation of season closure for individual coral beds over the last ten years there has been no the Department of Commerce certified if NFMS projects that the ACL for that three-year period where uku catch to the Chief Counsel for Advocacy of the bed will be reached before the end of reached the proposed ACL. The recent Small Business Administration that the the fishing year. For the uku fishery, the three-year averages are as follows: proposed rule, if adopted, would not proposed rule would implement a new 105,980 lb average catch for the three have a significant economic impact on measure that would close the fishery in years spanning 2014–2016, 117,657 lb a substantial number of small entities. Federal waters if NMFS projects that the for 2015–2017, and 108,544 lb for 2016– The proposed action would specify ACL will be reached. NMFS and the 2018. Based on recent fishing ACLs and AMs for MHI precious corals, Council are not considering in-season performance, and with the in-season deepwater shrimp, and uku fisheries for closures for the Kona crab or deepwater accountability measure, the fishery is 2019, 2020, and 2021, and the MHI shrimp fisheries because fishery not likely to be subject to a post-season Kona crab fishery for 2019. management agencies are not able to ACL overage adjustment. Between 2012 Catch of species or species groups in track catch in these fisheries relative to and 2017, an average of 297 fishermen state, and Federal would all count the ACLs during the fishing year. reported catch of MHI uku using deep toward the ACLs under this action. This Therefore, there is no potential for sea handline, inshore handline, and/or would include catch by anyone who is effects on fishermen from a closure of trolling with bait. NMFS estimates that required to report catch to state or the Kona crab or deepwater shrimp up to 300 uku fishermen could Federal agencies. As a result this action coral fisheries. A post-season review of potentially be directly affected by this would apply to hundreds of small the catch data would be required to action in any given year. entities across Hawaii, although only determine whether any fishery exceeded The precious coral fishery is also the vessels participating in the MHI uku its ACL by comparing the ACL to the subject to an in-season closure under and precious coral fisheries are likely to most recent three-year average catch for existing regulations. However, since be affected because these are the only which data is available. If an ACL is 2013 there has been only one fisheries with in-season AMs. exceeded, the Council and NMFS would participant in the fishery annually that For Regulatory Flexibility Act (RFA) take action to mitigate the overage by could be directly affected by this action purposes only, NMFS has established a reducing the ACL for that fishery in the and catches have not exceed the ACLs. small business size standard, including subsequent year. If an ACL is exceeded Based on recent fishing performance, their affiliates, whose primary industry more than once in a four-year period, and with the in-season accountability is commercial fishing (see 50 CFR the Council and NMFS would take measure, the fishery is not likely to be 200.2). A business primarily engaged in action to correct the operational issue subject to a post-season ACL overage commercial fishing (NAICS code 11411) that caused the ACL overages. NMFS adjustment. is classified as a small business if it is and the Council would evaluate the For most of the fisheries subject to independently owned and operated, is environmental, social, and economic this proposed action, fishermen would not dominant in its field of operation impacts of future actions, such as be able to fish throughout the entire (including its affiliates), and has changes to future ACLs or AMs, after the year. The ACLs, as proposed, would not combined annual receipts not in excess required data are available. change the gear type, areas fished, effort, of $11 million for all its affiliated The MHI uku fishery would be subject or participation of the fisheries during operations worldwide. Based on to a single-species ACL for the first time, the fishing years under consideration. available information, NMFS has as it has historically been subject to an The proposed action does not duplicate, determined that all affected entities are ACL as part of a group of management overlap, or conflict with other Federal small entities under the SBA definition unit species (MUS) managed as the non- rules and is not expected to have of a small entity, i.e., they are engaged Deep 7 bottomfish. The other species significant impact on small entities (as in the business of fish harvesting, are within the non-Deep 7 MUS were discussed above), organizations, or independently owned or operated, are reclassified as ecosystem component government jurisdictions. The proposed not dominant in their field of operation, species and are no longer subject to an action also will not place a substantial and have gross receipts not in excess of ACL. As this fishery would also be number of small entities, or any segment $11 million. Therefore, there would be subject to an in-season AM for fishing of small entities, at a significant no disproportionate economic impacts years 2019 and 2020 that would close competitive disadvantage to large between large and small entities. the fishery in Federal waters in the entities.

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For the reasons above, NMFS does not Dated: February 4, 2020. the requirement pursuant to 50 CFR expect the proposed action to have a Samuel D. Rauch, III, 600.310(h)(1). significant economic impact on a Deputy Assistant Administrator for * * * * * substantial number of small entities. As Regulatory Programs, National Marine ■ 3. In § 665.204, revise paragraphs (h) a result, an initial regulatory flexibility Fisheries Service. and (i) to read as follows: analysis is not required and none has For the reasons set out in the been prepared. preamble, NMFS proposes to amend 50 § 665.204 Prohibitions. Executive Order 12866 CFR part 665 as follows: * * * * * (h) Fish for or possess any bottomfish This proposed rule has been PART 665—FISHERIES IN THE MUS as defined in § 665.201, in the determined to be not significant for WESTERN PACIFIC MHI management subarea after a closure purposes of Executive Order 12866. of its respective fishery, in violation of ■ Executive Order 13771 1. The authority citation for 50 CFR § 665.211. part 665 continues to read as follows: This proposed rule is not an (i) Sell or offer for sale any bottomfish Executive Order 13771 regulatory action Authority: 16 U.S.C. 1801 et seq. MUS as defined in § 665.201, after a because this rule is not significant under ■ 2. In § 665.4, revise paragraph (c) to closure of its respective fishery, in Executive Order 12866. read as follows: violation of § 665.211. * * * * * List of Subjects in 50 CFR Part 665 § 665.4 Annual catch limits. ■ 4. Revise § 665.211 to read as follows: Annual catch limits, Accountability * * * * * measures, Bottomfish, Deepwater (c) Exceptions. The Regional § 665.211 Annual Catch Limits (ACL). shrimp, Precious corals, Kona crab, Administrator is not required to specify (a) In accordance with § 665.4, the Uku, Fisheries, Fishing, Hawaii, Pacific an annual catch limit for an ECS, or for ACLs for MHI bottomfish fisheries for Islands. an MUS that is statutorily excepted from 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 the fishing year in which the ACL is (e) Fishing for, and the resultant projected to be reached based on reached. possession or sale of, any bottomfish analyses of available information, the (c) On and after the date specified in MUS by vessels legally registered to Regional Administrator shall publish a § 665.211(b), no person may fish for or Mau Zone, Ho’omalu Zone, or PRIA notice to that effect in the Federal possess any bottomfish MUS from a bottomfish fishing permits and Register and shall use other means to closed fishery in the MHI management conducted in compliance with all other notify permit holders. The notice will subarea, except as otherwise allowed in laws and regulations, is exempted from include an advisement that the fishery this section. this section. ■ 5. Add § 665.253 to read as follows: will be closed beginning at a specified (d) On and after the date specified in date, which is not earlier than seven § 665.211(b), no person may sell or offer § 665.253 Annual Catch Limits (ACL). days after the date of filing the closure for sale any bottomfish MUS from a In accordance with § 665.4, the ACLs notice for public inspection at the Office closed fishery, except as otherwise for MHI crusteaceans for each fishing of the Federal Register, until the end of authorized by law. year are as follows:

2019 ACL 2020 ACL 2021 ACL Fishery (lb) (lb) (lb)

Kona crab ...... 3,500 NA NA Deepwater shrimp ...... 250,733 250,733 250,733

■ 6. In § 665.267, revise paragraph (b)(3) § 665.267 Seasons. notice to that effect in the Federal to read as follows: The fishing year for precious coral Register and shall use other means to begins on July 1 and ends on June 30 the notify permit holders. Any such notice § 665.263 Prohibitions. following year. must indicate the fishery shall be * * * * * ■ 8. In § 665.268 revise paragraph (a) to closed, the reason for the closure, the (b) * * * read as follows: specific bed being closed, and the (3) In a bed for which the ACL § 665.268 Closures. effective date of the closure. specified in § 665.269 has been attained. (a) If the Regional Administrator * * * * * * * * * * determines that the ACL for any coral ■ 9. Revise § 665.269 to read as follows: bed will be reached prior to the end of ■ 7. Revise § 665.267 to read as follows: the fishing year, NMFS shall publish a

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§ 665.269 Annual Catch Limits (ACL). the United States in the following each exploratory area equal to the ACL (a) General. The ACLs limiting the manner: minus two times the amount harvested (1) At the start of the fishing year, the amount of precious coral that may be by vessels of the United States in that reserve for the Hawaii exploratory areas taken in any precious coral permit area July 1-December 31 period. will equal the ACL minus the estimated during the fishing year are listed (4) NMFS will publish in the Federal domestic annual harvest for that year. paragraph (c) of this section. Only live (2) As soon as practicable after Register a notification of the Regional coral is counted toward the ACL. The December 31 each year, the Regional Administrator’s determination and a accounting period for each fishing year Administrator will determine the summary of the information on which it for all precious coral ACLs begins July amount harvested by vessels of the is based as soon as practicable after the 1 and ends June 30 of the following United States between July 1 and determination is made. year. December 31 of the year that just ended (c) In accordance with § 665.4, the (b) Reserves and reserve release. The on December 31. ACLs for MHI precious coral permit ACL for exploratory area X–P–H will be (3) NMFS will release to TALFF an areas for each fishing year are as held in reserve for harvest by vessels of amount of Hawaii precious coral for follows:

TABLE 1 TO PARAGRAPH (c)

Type of Area and 2019 ACL 2020 ACL 2021 ACL coral bed coral group (lb) (lb) (lb)

Established bed ...... Auau Channel—Black coral ...... 5,512 5,512 5,512 Makapuu Bed—Pink and red coral ...... 2,205 2,205 2,205 Makapuu Bed—Bamboo coral ...... 551 551 551 Conditional Beds ...... 180 Fathom Bank—Pink and red coral ...... 489 489 489 180 Fathom Bank—Bamboo coral ...... 123 123 123 Brooks Bank—Pink and red coral ...... 979 979 979 Brooks Bank—Bamboo coral ...... 245 245 245 Kaena Point Bed—Pink and red coral ...... 148 148 148 Kaena Point Bed—Bamboo coral ...... 37 37 37 Keahole Bed—Pink and red coral ...... 148 148 148 Keahole Bed—Bamboo coral ...... 37 37 37 Exploratory Area ...... Hawaii—precious coral ...... 2,205 2,205 2,205

Note 1 to § 665.269: No fishing for coral is Note 2 to § 665.269: A moratorium on gold authorized in refugia. 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

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