Pacific Island Fisheries; 2015 Annual Catch Limits and Accountability Measures

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 141009847-5746-02]

RIN 0648-XD558

Pacific Island Fisheries; 2015 Annual Catch Limits and Accountability Measures

AGENCY:

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

ACTION:

Final specifications.

SUMMARY:

In this final rule, NMFS specifies the 2015 annual catch limits (ACLs) for Pacific Island bottomfish, crustacean, precious coral, and coral reef ecosystem fisheries, and accountability measures (AMs) to correct or mitigate any overages of catch limits. The ACLs and AMs support the long-term sustainability of fishery resources of the U.S. Pacific Islands.

DATES:

The final specifications are effective September 30, 2015, through December 31, 2015.

ADDRESSES:

Copies of the fishery ecosystem plans are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or

www.wpcouncil.org.

Copies of the environmental assessments and findings of no significant impact for this action, identified by NOAA-NMFS-2013-0156, are available from

www.regulations.gov,

or from Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT:

Jarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176.

SUPPLEMENTARY INFORMATION:

NMFS is specifying the 2015 ACLs and AMs for bottomfish, crustacean, precious coral, and coral reef ecosystem fishery management unit species (MUS) in American Samoa, Guam, the CNMI, and Hawaii. NMFS proposed these specifications on July 21, 2015 (80 FR 43046), and the final specifications do not differ from those proposed. The 2015 fishing year began on January 1 and ends on December 31, except for precious coral fisheries, for which the fishing year began on July 1, 2015, and ends on June 30, 2016.

NMFS is not specifying ACLs for MUS that are currently subject to Federal fishing moratoria or prohibitions. These MUS include all species of gold coral, the three Hawaii seamount groundfish (pelagic armorhead, alfonsin, and raftfish), and deepwater precious corals at the Westpac Bed Refugia. The current prohibitions on fishing for these MUS serve as the functional equivalent of an ACL of zero.

Additionally, NMFS is not specifying ACLs for bottomfish, crustacean, precious coral, or coral reef ecosystem MUS identified in the Pacific Remote Islands Area (PRIA) FEP. This is because fishing is prohibited in the EEZ within 12 nm of emergent land of the PRIA, unless authorized by the U.S. Fish and Wildlife Service (USFWS), in consultation with NMFS and the Council. Additionally, 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. To date, the USFWS has not consulted with NMFS for any fishing that the USFWS may authorize within 12 nm of the PRIA. NMFS will continue to monitor authorized fishing within 12 nm of the PRIA in consultation with the USFWS, and may develop additional fishing requirements, including catch limits for species that may require them.

NMFS is also not specifying 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 1 year and are, therefore, statutorily excepted from the ACL requirements.

2015 Annual Catch Limit Specifications

Tables 1-4 list the ACL specifications for 2015.

Table 1—American Samoa

Fishery

Management unit species

ACL

Specification

(lb)

Bottomfish

Bottomfish multi-species stock complex

101,000

Crustacean

Deepwater shrimp

80,000

Spiny lobster

4,845

Slipper lobster

30

Kona crab

3,200

Precious Coral

Black coral

790

Precious corals in the American Samoa Exploratory Area

2,205

Coral Reef Ecosystem

Selar crumenophthalmus

—atule, bigeye scad

37,400

Acanthuridae—surgeonfish

129,400

Carangidae—jacks

19,900

Carcharhinidae—reef sharks

1,615

Crustaceans—crabs

4,300

Holocentridae—squirrelfish

15,100

Kyphosidae—rudderfishes

2,000

Labridae—wrasses

16,200

Lethrinidae—emperors

19,600

Lutjanidae—snappers

63,100

Mollusks—turbo snail; octopus; giant clams

18,400

Mugilidae—mullets

4,600

Mullidae—goatfishes

11,900

Scaridae—parrotfish

272,000

Serranidae—groupers

25,300

Siganidae—rabbitfishes

200

Bolbometopon muricatum—

bumphead parrotfish

235

Cheilinus undulatus—

Humphead (Napoleon) wrasse

1,743

All other CREMUS combined

18,400

Table 2—Mariana Archipelago—Guam

Fishery

Management unit species

ACL

Specification

(lb)

Bottomfish

Bottomfish multi-species stock complex

66,800

Crustaceans

Deepwater shrimp

48,488

Spiny lobster

3,135

Slipper lobster

20

Kona crab

1,900

Precious Coral

Black coral

700

Precious corals in the Guam Exploratory Area

2,205

Coral Reef Ecosystem

Selar crumenophthalmus

—atulai, bigeye scad

50,200

Acanthuridae—surgeonfish

97,600

Carangidae—jacks

29,300

Carcharhinidae—reef sharks

1,900

Crustaceans—crabs

7,300

Holocentridae—squirrelfish

11,400

Kyphosidae—chubs/rudderfish

9,600

Labridae—wrasses

25,200

Lethrinidae—emperors

53,000

Lutjanidae—snappers

18,000

Mollusks—octopus

23,800

Mugilidae—mullets

17,900

Mullidae—goatfish

15,300

Scaridae—parrotfish

71,600

Serranidae—groupers

22,500

Siganidae—rabbitfish

18,600

Bolbometopon muricatum—

bumphead parrotfish

797

Cheilinus undulatus—

humphead (Napoleon) wrasse

1,960

All other CREMUS combined

185,000

(CNMI and Guam combined)

Table 3—Mariana Archipelago—CNMI

Fishery

Management unit species

ACL

Specification

(lb)

Bottomfish

Bottomfish multi-species stock complex

228,000

Crustacean

Deepwater shrimp

275,570

Spiny lobster

7,410

Slipper lobster

60

Kona crab

6,300

Precious Coral

Black coral

2,100

Precious corals in the CNMI Exploratory Area

2,205

Coral Reef Ecosystem

Selar crumenophthalmus

—Atulai, bigeye scad

77,400

Acanthuridae—surgeonfish

302,600

Carangidae—jacks

44,900

Carcharhinidae—reef sharks

5,600

Crustaceans—crabs

4,400

Holocentridae—squirrelfishes

66,100

Kyphosidae—rudderfishes

22,700

Labridae—wrasses

55,100

Lethrinidae—emperors

53,700

Lutjanidae—snappers

190,400

Mollusks—turbo snail; octopus; giant clams

9,800

Mugilidae—mullets

4,500

Mullidae—goatfish

28,400

Scaridae—parrotfish

144,000

Serranidae—groupers

86,900

Siganidae—rabbitfish

10,200

Bolbometopon muricatum

—Bumphead parrotfish

797

Cheilinus undulatus

—Humphead (Napoleon) wrasse

2,009

All other CREMUS combined

7,300

(CNMI and Guam combined)

Table 4—Hawaii

Fishery

Management unit species

ACL

Specification

(lb)

Bottomfish

Non-Deep 7 bottomfish

178,000

Crustacean

Deepwater shrimp

250,773

Spiny lobster

15,000

Slipper lobster

280

Kona crab

27,600

Precious Coral

Auau Channel black coral

5,512

Makapuu Bed—Pink coral

2,205

Makapuu Bed—Bamboo coral

551

180 Fathom Bank—Pink coral

489

180 Fathom Bank—Bamboo coral

123

Brooks Bank—Pink coral

979

Brooks Bank—Bamboo coral

245

Kaena Point Bed—Pink coral

148

Kaena Point Bed—Bamboo coral

37

Keahole Bed—Pink coral

148

Keahole Bed—Bamboo coral

37

Precious corals in the Hawaii Exploratory Area

2,205

Coral Reef Ecosystem

Selar crumenophthalmus

—akule, bigeye scad

988,000

Decapterus macarellus

—opelu, mackerel scad

438,000

Acanthuridae—surgeonfishes

342,000

Carangidae—jacks

161,200

Carcharhinidae—reef sharks

9,310

Crustaceans—crabs

33,500

Holocentridae—squirrelfishes

148,000

Kyphosidae—rudderfishes

105,000

Labridae—wrasses

205,000

Lethrinidae—emperors

35,500

Lutjanidae—snappers

330,300

Mollusks—octopus

35,700

Mugilidae—mullets

19,200

Mullidae—goatfishes

165,000

Scaridae—parrotfishes

239,000

Serranidae—groupers

128,400

All other CREMUS combined

485,000

Accountability Measures

Federal logbook and reporting from fisheries in Federal waters is not sufficient to monitor and track catches towards the proposed ACL specifications accurately. This is because most fishing for bottomfish, crustacean, precious coral, and coral reef ecosystem MUS occurs in state waters, generally 0-3 nm from shore. For these reasons, NMFS will apply a moving 3-yr average catch to evaluate fishery performance against the proposed ACLs. Specifically, NMFS and the Council will use the average catch during fishing year 2013, 2014, and 2015 to evaluate fishery performance against the appropriate 2015 ACL. At the end of each fishing year, the Council will review catches relative to each ACL. If NMFS and the Council determine the three-year average catch for the fishery exceeds the specified ACL, NMFS and the Council will reduce the ACL for that fishery by the amount of the overage in the subsequent year.

You may find additional background information on this action in the preamble to the proposed specifications published on July 21, 2015 (80 FR 43046).

Comments and Responses

The comment period for the proposed specifications ended on August 5, 2015. NMFS received comments from a commercial bottomfish fisherman on the proposed specifications for non-Deep 7 bottomfish in the main Hawaiian Islands (MHI), and from the U.S. Air

Force on the applicability of annual catch limits for recreational fishing at Wake Atoll in the Pacific Remote Island Areas. NMFS responds to these comments as follows:

Comment 1:

The proposed ACL should account for changes in the historical landings of non-Deep 7 bottomfish in the MHI that resulted from changes in market conditions and regulatory actions. The commenter suggested that, in the past, MHI fishermen limited their catch of certain non-Deep 7 bottomfish species because they were associated with ciguatera (a toxin) and because fishermen received low prices for their catch due to higher volume of fish provided by the bottomfish fishery in the Northwestern Hawaiian Islands (NWHI). The commenter noted, however, that the closure of the NWHI fishery in 2010 and restrictions on landing MHI Deep 7 bottomfish upon reaching the annual catch limit in past fishing season have resulted in MHI fishermen targeting non-Deep 7 bottomfish, and landing more fish in recent years.

Response:

NMFS and the Council considered changes in the historical landing when specifying the ACL and AMs for MHI non-Deep 7 bottomfish. The Biomass Augmented Catch Maximum Sustainable Yield (MSY) model, which generates the estimate of MSY which is used as the basis for the overfishing limit, acceptable biological catch, and ACL, uses the historical catch record for MHI non-Deep 7 bottomfish from 1966-2013. Thus, in estimating MSY, the model includes the period of time when changes occurred in the landings of MHI non-Deep 7 bottomfish. NMFS and the Council continue to work on improving the scientific, commercial, and other information that provide the basis for management decisions, and are exploring fishery-independent methods and technologies for assessing bottomfish resources. As information becomes available, NMFS will accommodate such data in future models and stock assessments.

Comment 2:

The commenter asserts that, because the ACL for MHI non-Deep 7 bottomfish is based on imperfect data, NMFS should allow more leeway in applying the AMs if the fishery exceeds the ACL.

Response:

Under federal regulations at 50 CFR 600.310 implementing the ACL requirement, the ACL serves as the basis for invoking the AM. AMs are management controls to prevent a fishery from exceeding an ACL and to correct or mitigate any overage of the ACL. While the data may be imperfect, the Council and NMFS established the ACLs using the best available information, and NMFS must adhere to the established ACL and AM process. See 50 CFR 665.4 and 50 CFR 600.310.

Comment 3:

The U.S. Air Force requested confirmation that the proposed ACLs and AMs for Pacific Island bottomfish, crustacean, precious coral and coral reef fisheries at Wake Island take into account the annual recreational harvest levels described in the Air Force Fishing Management Plan for Wake Atoll.

Response:

In the proposed specifications (80 FR 43046, July 21, 2015), NMFS explained that we did not propose ACLs for bottomfish, crustacean, precious coral, or coral reef ecosystem MUS regulated under the PRIA FEP. In the Supplementary section of this final rule, NMFS again clarifies that it is not specifying ACLs for PRIA bottomfish, crustacean, precious coral, or coral reef ecosystem MUS. This is because fishing is currently prohibited within 12 nm of emergent land, unless authorized by the USFWS in consultation with NMFS and the Council (See 50 CFR 665.933). Also, there is no coral reef habitat seaward of the 12-nm prohibited fishing area. To date, the USFWS has not consulted with NMFS for any fishing that the USFWS may authorize within 12 nm of the PRIA. Consultation with the USFWS would provide information that NMFS and the Council need to monitor catch and effort in the PRIA, and to develop any future catch limits that would be necessary.

Classification

The Regional Administrator, NMFS PIR, determined that this action is necessary for the conservation and management of Pacific Island fishery resources, and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws.

The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. NMFS published the factual basis for the certification in the proposed rule and does not repeat it here. NMFS received no comments on this certification; as a result, a regulatory flexibility analysis is not required, and none has been prepared.

This action is exempt from review under E.O. 12866 because it contains no implementing regulations.

Authority:

16 U.S.C. 1801

et seq.

Dated: August 25, 2015.

Eileen Sobeck,

Assistant Administrator for Fisheries, National Marine Fisheries Service.

[FR Doc. 2015-21394 Filed 8-28-15; 8:45 am]

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