[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27716-27717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12817]


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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.

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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 
long-term 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

[[Page 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

0
1. The authority citation for part 665 continues to read as follows:

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

0
2. Revise Sec.  665.169 to read as follows:


Sec.  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.

0
3. In Sec.  665.269, revise note 2 to the table in paragraph (d) to 
read as follows:


Sec.  665.269  Quotas.

* * * * *
    (d) * * *
    Notes:
* * * * *
    2. A moratorium on gold coral harvesting is in effect through June 
30, 2023.

0
4. Revise Sec.  665.270 to read as follows:


Sec.  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.

0
5. Revise Sec.  665.469 to read as follows:


Sec.  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.

0
6. Revise Sec.  665.669 to read as follows:


Sec.  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