[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Proposed Rules]
[Pages 7658-7660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02238]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 240130-0028]
RIN 0648-BM65


Pacific Island Fisheries; Annual Catch Limits and Accountability 
Measures for Main Hawaiian Islands Kona Crab for Fishing Years 2024-
2026

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to implement an annual catch limit (ACL) and an 
annual catch target (ACT) for main Hawaiian Islands (MHI) Kona crab for 
fishing years 2024, 2025, and 2026. This proposed action would not 
revise, add, or remove current accountability measures (AMs) in the 
regulations. NMFS will close Federal waters to Kona crab fishing for 
the remainder of the fishing year if NMFS projects the fishery will 
reach the ACT. NMFS will reduce the ACT and ACL the subsequent fishing 
year by the overage if landings exceed the ACL. This proposed rule 
supports the long-term sustainability of MHI Kona crab.

DATES: NMFS must receive comments by March 6, 2024.

ADDRESSES: You may submit comments on the proposed rule, identified by 
NOAA-NMFS-2024-0017, by either of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2024-0017, in the Search box 
(note: copying and pasting the FDMS Docket Number directly from this 
document may not yield search results). Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    <bullet> Mail: Send written comments to Sarah Malloy, Acting 
Regional Administrator, NMFS Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
will 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).
    Pursuant to the National Environmental Policy Act, the Western 
Pacific Fishery Management Council (Council) and NMFS prepared a 2021 
environmental assessment (EA) and draft 2023 supplemental information 
report (SIR) that support this proposed action. The EA and SIR are 
available at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Savannah Lewis, NMFS Pacific Islands 
Regional Office (PIRO) Sustainable Fisheries, 808-725-5144.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Kona crab 
fishery in the U.S. Exclusive Economic Zone (Federal waters) around 
Hawaii under the Fishery Ecosystem Plan for the Hawaiian Archipelago 
(FEP), as authorized by the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) (50 CFR part 665). The FEP 
contains a process for the Council and NMFS to specify ACLs, ACTs, and 
AMs (see 50 CFR 665.4). NMFS must specify ACLs and AMs for each stock 
and stock complex of each management unit species (MUS) in an FEP, as 
recommended by the Council, and must consider the best available 
scientific, commercial, and other information about the fishery. If a 
fishery exceeds an ACL, the regulations require the Council to take 
action (e.g., an AM reducing the ACL for the subsequent fishing year by 
the amount of the overage). ACTs can be used as an additional 
management measure to help ensure catch does not exceed the ACL.
    This proposed rule would establish for the MHI Kona crab an ACL of 
30,802 lb (13,972 kg) and an ACT of 25,491 lb (11,563 kg) (see table 
1).

[[Page 7659]]



 Table 1--Proposed Annual Catch Limits and Annual Catch Targets for Main
                       Hawaiian Islands Kona Crab
------------------------------------------------------------------------
                 Fishing year                    2024     2025     2026
------------------------------------------------------------------------
ACL (lb).....................................   30,802   30,802   30,802
ACT (lb).....................................   25,491   25,491   25,491
------------------------------------------------------------------------

    The fishing year begins on January 1 and ends on December 31, and 
catch from both State and Federal waters are counted towards catch 
limits. The proposed rule would not change the current AMs, or enact 
any additional AMs, for the MHI Kona crab fishery (50 CFR 665.253(b)). 
As an in-season AM, NMFS will close Federal waters to commercial and 
non-commercial fishing for Kona crab for the remainder of the fishing 
year if NMFS projects that the fishery will reach the ACT. If a closure 
occurs, NMFS will publish a document to that effect in the Federal 
Register at least 7 days in advance of the closure. We will also 
request the State of Hawaii notify Commercial Marine License holders of 
any changes in the fishery, including an in-season closure or a post-
season correction. The state of Hawaii does not have complementary 
management measures and will therefore not close if Federal waters 
close and catch will be continue to be attributed to the overall ACT 
and ACL. As a post-season AM, NMFS will reduce the ACT and ACL in the 
subsequent fishing year by the overage amount if the landings exceed 
the ACL in a fishing year. If catch exceeds the ACT, but is below the 
ACL, a post-season correction would not be applied.
    This proposed rule is consistent with recommendations made by the 
Council at its 195th meeting in June 2023, and the proposed 2024-2026 
catch limits are identical to those implemented in 2020 for fishing 
years 2020-2023. The ACL is associated with a 38 percent risk of 
overfishing and the ACT is associated with a 20 percent risk of 
overfishing. According to the 2019 stock assessment, the Kona crab 
fishery is neither overfished nor experiencing overfishing. 
Furthermore, the fishery did not exceed the ACL of 30,802 lb (13,972 
kg) during fishing years 2020-2023. From 2020 through 2023, an average 
of 16 commercial marine license holders made 41 trips and landed an 
average catch of 3,581 lb (1,624 kg) of MHI Kona crab (12 percent of 
the ACL; 14 percent of the ACT).
    NMFS will consider public comments on this proposed rule and will 
announce the final rule in the Federal Register. NMFS must receive any 
comments by the date provided in the DATES section above and will not 
consider late comments.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens Act, 
and other applicable laws, subject to further consideration after 
public comment.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act (RFA) Certification of Finding of No 
Significant Impact on Substantial Number of Small Entities

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, issued under the authority of 
the Magnuson-Stevens Act, would not have a significant economic impact 
on a substantial number of small entities.
    The proposed rule would implement an ACL of 30,802 lb (13,972 kg) 
and an ACT of 25,491 lb (11,563 kg). The proposed ACL and ACT are the 
same as those implemented during fishing years 2020-2023. This proposed 
action would not revise, add, or remove current (AMs) in the 
regulations. The AMs include both an in-season closure in the Kona crab 
fishery if catch is projected to reach the ACT and a post-season 
adjustment if catch exceeds the ACL.
    This rule would apply to participants in the commercial and non-
commercial fisheries for MHI Kona crab. Kona crab catch averaged 3,887 
lb (1,763 kg) from 2018-2022, with an estimated ex-vessel value of 
$38,013, if all catch were sold, based on the 2022 average price of 
$9.78 per lb ($21.52 per kg). Between 2018 and 2022, the percent sold 
ranged from 43 to 64 percent. The amount of Kona crab caught each year 
has generally declined since 2011, when 49 fishermen reported landing 
10,979 lb (4,979 kg), although Kona crab catch from 2019 to 2021 
generally exceeded catch levels from 2013 to 2018. The 2022 catch was 
in line with the 2013-2018 catch levels. During the 2021 fishing year, 
18 fishermen reported landing 3,945 lb (1,789 kg). In 2022, 19 
fishermen reported landing 2,533 lb (1,149 kg).
    NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 CFR 200.2). A business primarily engaged in commercial 
fishing is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and its combined annual receipts are not in excess of $11 
million for all of its affiliated operations worldwide. Based on 
available information, NMFS has determined that all vessels engaging in 
the commercial and non-commercial fisheries for Kona crab (North 
American Industry Classification System (NAICS) Code: 11411) are small 
entities. That is, they are engaged in the business of fish harvesting, 
are independently owned or operated, are not dominant in their field of 
operation, and have annual gross receipts not in excess of $11 million. 
Because all of the participants are small entities, there would be no 
disproportionate economic impacts between large and small entities.
    Even though this proposed action would apply to a substantial 
number of vessels, this action should not result in significant adverse 
economic impact to individual vessels. The proposed ACL and ACT are the 
same as those implemented during fishing years 2020-2023. The proposed 
ACL is not expected to result in an expansion of the fishery by new 
fishermen looking to take advantage of the higher quota compared to 
previous years. Given the offshore fishing grounds for Kona crab, it 
would take a significant financial investment to become active in the 
fishery if fisherman did not already own a vessel and the required, 
specialized gear. The proposed action, if implemented, is not expected 
to constrain the fishery, given that the proposed ACL and ACT are both 
more than double the highest catch recorded over the past 12 years 
(10,979 lb (4,979 kg) in 2011). Furthermore, the fishery would still be 
subject to the State of Hawaii's regulations. This continued 
management, in combination with a low number of commercial marine 
license holders, is not expected to result in a surge of new fishery 
entrants.
    The proposed action does not duplicate, overlap, or conflict with 
other Federal rules and is not expected to have significant impact on 
small entities, organizations, or governmental jurisdictions. The 
proposed action also will not place a substantial number of small 
entities, or any segment of small entities, at a significant 
competitive disadvantage to large entities. For the reasons above, NMFS 
does not expect the proposed action to have a significant economic 
impact on a substantial number of small entities. As such, an

[[Page 7660]]

initial regulatory flexibility analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 665

    Accountability measures, Annual catch limits, Fisheries, Fishing, 
Hawaii, Kona crab, Pacific Islands.

    Dated: January 30, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 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.  665.253, revise paragraph (b)(1) to read as follows:


Sec.  665.253  Annual Catch Limits (ACL) and Annual Catch Targets 
(ACT).

* * * * *
    (b) * * *
    (1) In accordance with Sec.  665.4, the ACLs for each fishing year 
are as follows:

                       Table 1 to Paragraph (b)(1)
------------------------------------------------------------------------
                 Fishing year                    2024     2025     2026
------------------------------------------------------------------------
ACL (lb).....................................   30,802   30,802   30,802
ACT (lb).....................................   25,491   25,491   25,491
------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-02238 Filed 2-2-24; 8:45 am]
BILLING CODE 3510-22-P