27716 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 

Dated: June 11, 2018. 

Donna S. Wieting, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.86, revise the introductory 

text of paragraphs of (d)(1)(i), (ii), and 

(iii) and add paragraph (d)(1)(v) to read 

as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(d) * * * 

(1) * * * 

(i) Vessels possessing on board or 

using nets of mesh size smaller than 2.5 

in (6.35 cm). Owners or operators of a 

vessel may possess and land not more 

than 3,500 lb (1,588 kg) of combined 

silver hake and offshore hake, if either 

of the following conditions apply: 

* * * * * 

(ii) Vessels possessing on board or 

using nets of mesh size equal to or 

greater than 2.5 in (6.35 cm) but less 

than 3 in (7.62 cm). An owner or 

operator of a vessel that is not subject 

to the possession limit specified in 

paragraph (d)(1)(i) of this section may 

possess and land not more than 7,500 lb 

(3,402 kg) of combined silver hake and 

offshore hake if either of the following 

conditions apply: 

* * * * * 

(iii) Vessels possessing on board or 

using nets of mesh size equal to or 

greater than 3 in (7.62 cm). An owner 

or operator of a vessel that is not subject 

to the possession limits specified in 

paragraphs (d)(1)(i) and (ii) of this 

section may possess and land not more 

than 30,000 lb (13,608 kg) of combined 

silver hake and offshore hake when 

fishing in the GOM or GB Exemption 

Areas, as described in § 648.80(a), and 

not more than 40,000 lb (18,144 kg) of 

combined silver hake and offshore hake 

when fishing in the SNE or MA 

Exemption Areas, as described in 

§ 648.80(b)(10) and (c)(5), respectively, 

if both of the following conditions 

apply: 

* * * * * 

(v) Possession limits for red hake. 

Vessels participating in the small-mesh 

multispecies fishery consistent with 

paragraph (d)(1) of this section, may 

possess and land not more than 3,000 lb 

(1,361 kg) of red hake when fishing in 

the GOM or GB Exemption areas, as 

described in § 648.80(a), and not more 

than 5,000 lb (2,268 kg) of red hake 

when fishing in the SNE or MA 

Exemption Areas, as described in 

§ 648.80(b)(10) and (c)(5), respectively. 

* * * * * 

[FR Doc. 2018–12780 Filed 6–13–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 180202114–8513–02] 

RIN 0648–BH60 

Pacific Island Fisheries; 5-Year 

Extension of Moratorium on Harvest of 

Gold Corals 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule extends the 

region-wide moratorium on the harvest 

of gold corals in the U.S. Pacific Islands 

through June 30, 2023. NMFS intends 

this final rule to prevent overfishing and 

to stimulate research on gold corals. 

DATES: This rule is effective July 16, 

2018. 

ADDRESSES: Background information on 

Pacific Island precious coral fisheries is 

found in the fishery ecosystem plans 

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. 

FOR FURTHER INFORMATION CONTACT: Kate 

Taylor, NMFS PIR Sustainable 

Fisheries, (808)725–5182. 

SUPPLEMENTARY INFORMATION: Precious 

corals (also called deep-sea corals) 

include black, pink, red, bamboo, and 

gold corals, and are harvested for use in 

high quality jewelry. NMFS and the 

Council manage the fishery for precious 

corals in the U.S. Pacific Islands under 

fishery ecosystem plans (FEP) for 

American Samoa, Hawaii, the Mariana 

Archipelago (Guam and the Northern 

Mariana Islands), and the Pacific 

Remote Islands Area. The U.S. fishery 

for gold corals in the Pacific Islands has 

been dormant since 2001. 

In 2008, the Council recommended, 

and NMFS implemented, a five-year 

moratorium on the harvest of gold corals 

in the Pacific Islands Region (73 FR 

47098, August 13, 2008). The measure 

was a precautionary response to 

research that suggested that gold coral 

growth rates and recruitment were 

much lower than previously known. 

The Council considered additional 

research in 2012 that included refined 

gold coral growth rates and the 

identification of previously unknown 

habitat requirements. Based on that 

information, in 2013 the Council 

recommended that NMFS extend the 

moratorium for five years, which the 

agency did in May 2013 (78 FR 32181, 

May 29, 2013). 

The current moratorium is scheduled 

to expire on June 30, 2018, but the 

Council continues to be concerned 

about uncertainties related to slow gold 

coral growth rates, taxonomy, and 

complex habitat requirements. 

Extending the moratorium another five 

years will provide additional time for 

further research and for the Council to 

develop sustainable management 

measures for gold corals. Based on the 

Council’s concerns, NMFS is extending 

the moratorium on harvesting gold 

corals for five years, through June 30, 

2023. 

Additional background information 

on this action is in the preamble to the 

proposed rule (83 FR 18260, April 26, 

2018). 

Comments and Responses 

On April 26, 2018, NMFS published 

a proposed rule and request for public 

comments (83 FR 18260). The comment 

period ended May 11, 2018. NMFS 

received input from four commenters, 

all generally in support of the rule. We 

respond below to specific comments. 

Comment 1: Additional research on 

gold coral growth rates would help 

develop sustainable catch levels in the 

future. 

Response: NMFS agrees research is 

needed on the biology of gold corals to 

quantify the impacts of possible future 

harvesting on these coral species. 

Extending the moratorium may 

stimulate this needed research. 

Comment 2: NMFS should reduce 

harvest effort gradually until the longterm optimal level is achieved and gold 

corals are allowed to recover. 

Response: Prior to the implementation 

of the first moratorium in 2008, the gold 

coral fishery was regulated by an annual 

harvest quota of 240 kg. This quota was 

divided between two coral beds located 

in the main Hawaiian Islands (20 kg 

each), and two coral beds located in the 

Northwestern Hawaiian Islands (33.5 

and 66.5 kg). The Council considered a 

range of new management alternatives 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27717 

in 2008, including a moratorium and 50 

percent reduction in quota at each coral 

bed. NMFS analyzed the effect of a 50 

percent reduction in quota and found 

that the potential risk of overfishing 

gold corals would be reduced, but not 

eliminated. If gold coral growth rates are 

as low as indicated, reducing the 

current quota by 50 percent may result 

in unsustainable harvest. Furthermore, 

given the high operating costs and 

associated safety risks, harvest at low 

levels may not be economically viable. 

Comment 3: NMFS should conduct an 

economic analysis on the effects of the 

moratorium. 

Response: NMFS assessed the costs 

and benefits of the proposed action and 

other alternatives pursuant to Executive 

Order 12866. Gold coral harvesting has 

occurred infrequently during the past 50 

years, with only 2 entities ever 

harvesting gold corals commercially in 

the region. The fishery was dormant for 

the seven years prior to the 

implementation of the moratorium in 

2008. If the moratorium expires, 

consumers and fishermen might gain in 

the short term in being able to trade in 

gold corals. However, if such harvests 

are unsustainable, consumers and 

fishermen may face negative impacts 

from potential fishery closures in the 

long term. 

Comment 4: NMFS should extend the 

moratorium for ten years. 

Response: The five-year moratorium 

provides time for researchers to conduct 

gold coral research and share their 

results with managers. This time period 

provides the impetus for the research to 

be conducted so that the fishery can be 

re-opened as soon as possible, if the 

research indicates that the fishery could 

be sustainable. After five years, the 

Council would review the best available 

scientific information and recommend 

appropriate management actions. 

Comment 5: Why do gold corals need 

conservation relative to other precious 

corals? 

Response: While all precious corals 

grow slowly and have low rates of 

mortality and recruitment, gold corals 

grow more slowly and live longer than 

other precious corals in the region. For 

example, whereas pink and black coral 

colonies may be less than 100 years old, 

gold coral colonies may be several 

hundred to several thousand years old. 

Slower growth rates and longer lives 

make gold corals more vulnerable to 

overfishing than other precious corals. 

Thus, gold corals require different 

conservation and management measures 

than other precious corals. 

Changes From the Proposed Rule 

This final rule contains no changes 

from the proposed rule. 

Classification 

The Administrator, Pacific Islands 

Region, NMFS, determined that this 

action is necessary for the conservation 

and management of the gold coral 

fishery and that it is consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

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. 

As a result, a regulatory flexibility 

analysis was not required and none was 

prepared. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Deep sea 

coral, Fisheries, Fishing, Guam, Hawaii, 

Northern Mariana Islands, Pacific 

Remote Island Areas, Precious coral. 

Dated: June 11, 2018. 

Donna S. Wieting, 

Acting 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 part 665 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. Revise § 665.169 to read as follows: 

§ 665.169 Gold coral harvest moratorium. 

Fishing for, taking, or retaining any 

gold coral in any precious coral permit 

area is prohibited through June 30, 

2023. 

■ 3. In § 665.269, revise note 2 to the 

table in paragraph (d) to read as follows: 

§ 665.269 Quotas. 

* * * * * 

(d) * * * 

Notes: 

* * * * * 

2. A moratorium on gold coral 

harvesting is in effect through June 30, 

2023. 

■ 4. Revise § 665.270 to read as follows: 

§ 665.270 Gold coral harvest moratorium. 

Fishing for, taking, or retaining any 

gold coral in any precious coral permit 

area is prohibited through June 30, 

2023. 

■ 5. Revise § 665.469 to read as follows: 

§ 665.469 Gold coral harvest moratorium. 

Fishing for, taking, or retaining any 

gold coral in any precious coral permit 

area is prohibited through June 30, 

2023. 

■ 6. Revise § 665.669 to read as follows: 

§ 665.669 Gold coral harvest moratorium. 

Fishing for, taking, or retaining any 

gold coral in any precious coral permit 

area is prohibited through June 30, 

2023. 

[FR Doc. 2018–12817 Filed 6–13–18; 8:45 am] 

BILLING CODE 3510–22–P 


daltland on DSKBBV9HB2PROD with RULES