Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Rules and Regulations 88835 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 231215–0306] 

RIN 0648–BM34 

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, 2028. NMFS intends 

this final rule to prevent overfishing and 

to stimulate research on gold corals. 

DATES: This rule is effective January 25, 

2024. 

ADDRESSES: Background information on 

Pacific Island precious coral fisheries is 

found in the fishery ecosystem plans 

(FEPs) available from the Western 

Pacific Fishery Management Council 

(Council), 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, telephone 808– 

522–8220, fax 808–522–8226, or https:// 

www.wpcouncil.org. Copies of 

supporting documents for this action are 

available from https://

www.regulations.gov/docket/NOAANMFS-2023-0071, or from Sarah Malloy, 

Acting Regional Administrator, NMFS 

Pacific Islands Regional Office (PIRO), 

1845 Wasp Blvd., Bldg. 176, Honolulu, 

HI 96818. 

FOR FURTHER INFORMATION CONTACT: Pua 

Borges, NMFS PIRO Sustainable 

Fisheries, 808–725–5184. 

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 

FEPs for American Samoa, Hawaii, the 

Mariana Archipelago (Guam and the 

Northern Mariana Islands), and the 

Pacific Remote Island Areas. 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 5-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 5 years, which the 

agency did in May 2013 (78 FR 32181, 

May 29, 2013) and again in 2018 (83 FR 

27716, June 14, 2018). 

The current moratorium expired on 

June 30, 2023, 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 5 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 5 years, 

through June 30, 2028. 

Additional background information 

on this action is in the preamble to the 

proposed rule (88 FR 65356, September 

22, 2023). 

Comments and Responses 

On September 22, 2023, NMFS 

published a proposed rule and request 

for public comments (88 FR 65356). The 

comment period ended October 23, 

2023. NMFS received comments from 

three individuals that generally 

supported the rule. One of these 

comments also suggested that the 

moratorium be made permanent. NMFS 

summarizes the comments and responds 

below. 

Comment 1: The age and slow growth 

of gold corals make them vulnerable to 

exploitation, so this regulation is 

necessary to protect their populations, 

prevent overfishing and to allow time 

for more research. 

Response: NMFS agrees and will 

continue to regulate Federal fisheries to 

ensure that they are sustainable, 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), the FEP 

and implementing regulations. 

Extending the moratorium another 5 

years will provide additional time for 

further research related to gold coral 

growth rates, taxonomy, and complex 

habitat requirements. 

Comment 2: The harvest of gold corals 

should be permanently banned. 

Response: Among management 

alternatives considered by the Council 

at their 194th meeting in March 2023 

was an option to permanently ban 

harvest of gold coral. There are 

currently uncertainties and knowledge 

gaps in our understanding of gold coral 

biology, but these uncertainties do not 

warrant a permanent closure of the 

fishery at this time. Instead the Council 

recommended continuing a 

precautionary approach through a 5- 

year extension of the moratorium on 

harvest through June 30, 2028. This 

extension will allow the Council time to 

calculate maximum sustainable yield, 

continue to evaluate new and existing 

information to inform future 

management strategies, and consider a 

long-term solution for the fishery. 

Changes From the Proposed Rule 

This final rule contains no changes 

from the proposed rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

FEP, other provisions of the MagnusonStevens 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. 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. 

This final rule has been determined to 

be not significant for purposes of 

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 

Administrative practice and 

procedure, American Samoa, Deep sea 

coral, Fisheries, Fishing, Guam, Hawaii, 

Northern Mariana Islands, Pacific 

Remote Island Areas, Precious coral. 

Dated: December 18, 2023. 

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. 


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88836 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Rules and Regulations 

■ 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, 

2028. 

■ 3. Amend § 665.269 by revising Note 

2 to § 665.269 to read as follows: 

§ 665.269 Annual Catch Limits (ACL). 

* * * * * 

Note 2 to § 665.269: A moratorium on gold 

coral harvesting is in effect through June 30, 

2028. 

■ 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, 

2028. 

■ 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, 

2028. 

■ 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, 

2028. 

[FR Doc. 2023–28221 Filed 12–22–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065] 

RTID 0648–XD597 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2024 Bering Sea and Aleutian 

Islands Pollock, Atka Mackerel, and 

Pacific Cod Total Allowable Catch 

Amounts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the 2024 

total allowable catch (TAC) amounts for 

the Bering Sea and Aleutian Islands 

(BSAI) pollock, Atka mackerel, and 

Pacific cod fisheries. This action is 

necessary because NMFS has 

determined these TACs are incorrectly 

specified, and will ensure the BSAI 

pollock, Atka mackerel, and Pacific cod 

TACs are the appropriate amounts based 

on the best scientific information 

available. This action is consistent with 

the goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area. 

DATES: Effective 0001 hours, Alaska 

local time (A.l.t.), January 1, 2024, until 

the effective date of the final 2024 and 

2025 harvest specifications for BSAI 

groundfish, unless otherwise modified 

or superseded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 10, 2024. 

ADDRESSES: You may submit comments 

on this document, identified by docket 

number NOAA–NMFS–2022–0094, by 

any of the following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0094 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Mail: Submit written comments to 

Gretchen Harrington, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. Mail 

comments to P.O. Box 21668, Juneau, 

AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Adam Zaleski, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council (Council) 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR parts 600 and 679. 

The final 2023 and 2024 harvest 

specifications for groundfish in the 

BSAI (88 FR 14926, March 10, 2023) set 

the 2024 Aleutian Islands (AI) pollock 

TAC at 19,000 metric tons (mt), the 2024 

Bering Sea (BS) pollock TAC at 

1,302,000 mt, the 2024 BSAI Atka 

mackerel TAC at 66,855 mt, the 2024 BS 

Pacific cod TAC at 123,295 mt, and the 

2024 AI Pacific cod TAC at 8,425 mt. In 

December 2023, the Council 

recommended a 2024 BS pollock TAC of 

1,300,000 mt, which is less than the 

1,302,000 mt TAC established by the 

final 2023 and 2024 harvest 

specifications for groundfish in the 

BSAI. The Council also recommended a 

2024 BSAI Atka mackerel TAC of 72,987 

mt, which is more than the 66,855 mt 

TAC established by the final 2023 and 

2024 harvest specifications for 

groundfish in the BSAI. Furthermore, 

the Council recommended a 2024 BS 

Pacific cod TAC of 147,753 mt, and an 

AI Pacific cod TAC of 8,080 mt, which 

is more than the BS Pacific cod TAC of 

123,295 mt, and less than the AI Pacific 

cod TAC of 8,425 mt established by the 

final 2023 and 2024 harvest 

specifications for groundfish in the 

BSAI. The Council’s recommended 2024 

TACs, and the area and seasonal 

apportionments, are based on the Stock 

Assessment and Fishery Evaluation 

report (SAFE), dated November 2023, 

which NMFS has determined is the best 

scientific information available for these 

fisheries. 

Steller sea lions occur in the same 

location as the pollock, Atka mackerel, 

and Pacific cod fisheries and are listed 

as endangered under the Endangered 

Species Act (ESA). Pollock, Atka 

mackerel, and Pacific cod are a 

principal prey species for Steller sea 

lions in the BSAI. The seasonal 

apportionment of pollock, Atka 

mackerel, and Pacific cod harvest is 

necessary to ensure the groundfish 

fisheries are not likely to cause jeopardy 

of extinction or adverse modification of 

critical habitat for Steller sea lions. 

NMFS published regulations and the 

revised harvest limit amounts for 

pollock, Atka mackerel, and Pacific cod 

fisheries to implement Steller sea lion 

protection measures to insure that 

groundfish fisheries of the BSAI are not 

likely to jeopardize the continued 

existence of the western distinct 

population segment of Steller sea lions 

or destroy or adversely modify their 

designated critical habitat (79 FR 70286, 

November 25, 2014). 


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