[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Rules and Regulations]
[Pages 88835-88836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28221]



[[Page 88835]]

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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.

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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, 
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/NOAA-NMFS-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 Magnuson-Stevens 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

0
1. The authority citation for 50 CFR part 665 continues to read as 
follows:

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


[[Page 88836]]



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, 2028.

0
3. Amend Sec.  665.269 by revising Note 2 to Sec.  665.269 to read as 
follows:


Sec.  665.269  Annual Catch Limits (ACL).

* * * * *

    Note 2 to Sec.  665.269: A moratorium on gold coral harvesting 
is in effect through June 30, 2028.


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, 2028.

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, 2028.

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, 2028.

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