79928 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Rules and Regulations 

is prohibited seaward of the 30 fm (55 

m) depth contour along the mainland 

coast and along islands and offshore 

seamounts from May 1 through October 

31 (shoreward of 30 fm is open); and is 

open at all depths from November 1 

through December 31. 

(2) Between 40°10′ N lat. and 

38°57.50′ N lat. (Mendocino 

Management Area), recreational fishing 

for all groundfish (except petrale sole, 

starry flounder, and ‘‘Other Flatfish’’ as 

specified in paragraph (c)(3)(iv) of this 

section) is closed from January 1 

through April 30; prohibited seaward of 

the 30 fm (55 m) depth contour along 

the mainland coast and along islands 

and offshore seamounts from May 1 

through October 31 (shoreward of 30 fm 

is open), and is open at all depths from 

November 1 through December 31. 

(3) Between 38°57.50′ N lat. and 

37°11′ N lat. (San Francisco 

Management Area), recreational fishing 

for all groundfish (except petrale sole, 

starry flounder, and ‘‘Other Flatfish’’ as 

specified in paragraph (c)(3)(iv) of this 

section) is closed from January 1 

through March 31; is prohibited 

seaward of the boundary line 

approximating the 50 fm (91 m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from April 1 through December 31 

(shoreward of 50 fm is open). Closures 

around Cordell Bank (see paragraph 

(c)(3)(i)(C) of this section) also apply in 

this area. 

(4) Between 37°11′ N lat. and 34°27′ 

N lat. (Central Management Area), 

recreational fishing for all groundfish 

(except petrale sole, starry flounder, and 

‘‘Other Flatfish’’ as specified in 

paragraph (c)(3)(iv) of this section) is 

closed from January 1 through March 

31; and is prohibited seaward of a 

boundary line approximating the 50 fm 

(91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from April 1 

through December 31. 

(5) South of 34°27′ N lat. (Southern 

Management Area), recreational fishing 

for all groundfish (except California 

scorpionfish, ‘‘Other Flatfish,’’ petrale 

sole, and starry flounder) is closed 

entirely from January 1 through the last 

day of February. Recreational fishing for 

all groundfish (except ‘‘Other Flatfish,’’ 

petrale sole, and starry flounder, as 

specified in paragraph (c)(3)(iv) of this 

section) is prohibited seaward of a 

boundary line approximating the 100 fm 

(137 m) depth contour from April 1 

through December 31 along the 

mainland coast and along islands and 

offshore seamounts, except in the CCAs 

where fishing is prohibited seaward of 

the 40 fm (73 m) depth contour when 

the fishing season is open (see 

paragraph (c)(3)(i)(B) of this section). 

* * * * * 

(ii) * * * 

(B) Bag limits, hook limits. In times 

and areas when the recreational season 

for the RCG Complex is open, there is 

a limit of 2 hooks and 1 line when 

fishing for the RCG complex. The bag 

limit is 10 RCG Complex fish per day 

coastwide, with a sub-bag limit of 5 fish 

for vermilion rockfish. This sub-bag 

limit counts towards the bag limit for 

the RCG Complex and is not in addition 

to that limit. Retention of yelloweye 

rockfish, bronzespotted rockfish, and 

cowcod is prohibited. Multi-day limits 

are authorized by a valid permit issued 

by California and must not exceed the 

daily limit multiplied by the value of 

days in the fishing trip. 

* * * * * 

[FR Doc. 2020–27142 Filed 12–10–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 201204–0324] 

RIN 0648–BJ84 

Pacific Islands Fisheries; 2020–2023 

Annual Catch Limit and Accountability 

Measures for Hawaii Kona Crab 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NMFS 

implements an annual catch limit (ACL) 

of 30,802 lb (13,972 kg), and an annual 

catch target (ACT) of 25,491 lb (11,563 

kg), of Hawaii Kona crab for fishing 

years 2020–2023. This rule also 

implements, as accountability measures 

(AM), an in-season closure of the fishery 

if catch is projected to reach the ACT, 

and a post-season adjustment if catch 

exceeds the ACL. This action support 

the long-term sustainability of the 

Hawaii Kona crab fishery. 

DATES: The final rule is effective January 

11, 2021. The final rule is applicable in 

fishing years 2020, 2021, 2022, and 

2023. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for the Hawaii 

Archipelago (Hawaii 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 www.wpcouncil.org. 

Copies of the environmental analyses 

and other supporting documents for this 

action are available from https://

www.regulations.gov/docket?D=NOAANMFS-2020-0091, or from Michael D. 

Tosatto, Regional Administrator, NMFS 

Pacific Islands Region (PIR), 1845 Wasp 

Blvd., Bldg. 176, Honolulu, HI 96818. 

FOR FURTHER INFORMATION CONTACT: Kate 

Taylor, NMFS PIRO Sustainable 

Fisheries, 808–725–5182. 

SUPPLEMENTARY INFORMATION: NMFS is 

implementing an ACL of 30,802 lb 

(13,972 kg) and an ACT of 25,491 lb 

(11,563 kg) of Hawaii Kona crab for each 

of the 2020–2023 fishing years, as 

recommended by the Council. The 

fishing year is the calendar year, and 

catch from State and Federal waters will 

count toward the ACL and ACT. 

NMFS is also implementing both an 

in-season and post-season AM. Under 

the in-season AM, when NMFS projects 

that the catch of Kona crab will reach 

the ACT, we will close the commercial 

and non-commercial fisheries for Kona 

crab in Federal waters for the remainder 

of the year. For the post-season AM, if 

NMFS and the Council determine, after 

the end of each fishing year, that the 

catch exceeded the ACL, NMFS will 

reduce the ACL and ACT in the 

subsequent fishing year by the amount 

of the overage. In the event that the 

catch exceeds the ACT, but is below the 

ACL, we will not apply a post-season 

correction. 

This final rule will make a 

housekeeping change in the regulations 

for Hawaii Kona crab and deepwater 

shrimp ACLs and AMs. Specifically, 

this rule adds a separate paragraph for 

each stock in 50 CFR 665.253 to 

distinguish between the ACLs for 

Hawaii Kona crab and deepwater 

shrimp. 

Additional background information 

on this action is found in the preamble 

to the proposed specifications; we do 

not repeat it here. 

Comments and Responses 

On October 15, 2020, NMFS 

published a proposed rule and request 

for comments (85 FR 65336). The 

comment period for the proposed 

specification ended on November 5, 

2020. NMFS received comments from 

four individuals that generally 

supported the action and responds 

below. 

Comment 1: This rule is necessary to 

ensure the sustainability of the main 

Hawaiian Islands (MHI) Kona crab 

populations and the proposed ACL and 

ACT are very reasonable. 


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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Rules and Regulations 79929 

Response: NMFS agrees. This action 

is based upon the best available 

scientific information and support the 

long-term sustainability of the Hawaii 

Kona crab fishery. 

Comment 2: The sustainability of MHI 

Kona crab populations helps to 

maintain a healthy marine ecosystem, 

including Kona crab prey or predators. 

Response: NMFS agrees that a 

sustainably managed Kona crab fishery 

contributes to a healthy marine 

ecosystem. 

Comment 3: A short term ACL is 

preferred since it will allow NMFS and 

the Council to review and adjust the 

ACL and ACT as needed in the future. 

Response: NMFS concurs; a 4-year 

ACL provides stability to fishermen, 

businesses, and Kona crab populations. 

Comment 4: It is beneficial that 

fishermen cannot retain female Kona 

crabs, per State of Hawaii regulations. 

There is a high survivability rate for 

released crabs. 

Response: NMFS acknowledges that 

the State of Hawaii prohibits the 

retention of female Kona crabs. 

Comment 5: It is important to include 

accountability measures and provide 

timely notification to fishermen if the 

ACT or ACL is exceeded. 

Response: NMFS agrees. This final 

rule includes an accountability measure 

that would require NMFS to close the 

fishery in Federal waters when the ACT 

is projected to be reached to prevent the 

fishery from exceeding the ACL. The 

final rule also requires NMFS to provide 

fishermen timely notification of any 

fishery closure at least 7 days before the 

effective date of the closure. 

Changes From the Proposed 

Specification 

This final rule contains no changes 

from the proposed rule. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Hawaii FEP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. 

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. 

No comments were received 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 rule is not 

an Executive Order 13771 regulatory 

action because this rule is not 

significant under 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 

Annual catch limits, Accountability 

measures, Kona crab, Fisheries, Fishing, 

Hawaii. 

Dated: December 7, 2020. 

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 § 665.243, add paragraph (d) to 

read as follows: 

§ 665.243 Prohibitions. 

* * * * * 

(d) In Crustacean Permit Area 2, it is 

unlawful for any person to fish for, 

possess, sell, or offer for sale any Kona 

crab from a closed fishery in the Federal 

waters of the MHI in violation of 

§ 665.253(b). 

■ 3. Revise § 665.253 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 2020 2021 

ACL (lb) .................... 250,733 250,733 

(2) If the average catch of the three 

most recent years of deepwater shrimp 

exceeds the specified ACL in a fishing 

year, the Regional Administrator will 

reduce the ACL for the subsequent year 

by the amount of the overage. 

(b) MHI Kona crab. (1) In accordance 

with § 665.4, the ACLs and ACTs for 

each fishing year are as follows: 

TABLE 2 TO PARAGRAPH (b)(1) 

Fishing 

year 2020 2021 2022 2023 

ACL (lb) ............................................................................................................ 30,802 30,802 30,802 30,802 

ACT (lb) ........................................................................................................... 25,491 25,491 25,491 25,491 

(2) When the ACT is projected to be 

reached based on analyses of available 

information, the Regional Administrator 

shall publish a document to that effect 

in the Federal Register and shall use 

other means to notify affected 

fishermen. The document will include 

an advisement that the fishery will be 

closed beginning on a specified date, 

which is not earlier than 7 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. 

(3) On and after the date specified in 

paragraph (b)(2) of this section, no 

person may fish for, possess, sell, or 

offer for sale any Kona crab from a 

closed fishery in the Federal waters of 

the MHI, except as otherwise allowed in 

this section. 

(4) If landings exceed the specified 

ACL in a fishing year, the Regional 

Administrator will reduce the ACL and 

the ACT for the subsequent year by the 

amount of the overage. 

[FR Doc. 2020–27126 Filed 12–10–20; 8:45 am] 

BILLING CODE 3510–22–P 


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