[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Rules and Regulations]
[Pages 79928-79929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27126]


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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.

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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=NOAA-NMFS-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.

[[Page 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

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.  665.243, add paragraph (d) to read as follows:


Sec.  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 Sec.  
665.253(b).

0
3. Revise Sec.  665.253 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                      2020        2021
------------------------------------------------------------------------
ACL (lb)........................................    250,733     250,733
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    (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 Sec.  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