22158 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules 

limit and the filleting requirements for 

caught tuna, which affects only 

individual recreational anglers. 

Recreational anglers, by definition, may 

not sell catch, and thus are not 

considered to be a business. Because 

recreational anglers are not considered 

to be a small entity under the RFA, the 

economic effects of this proposed rule 

on these anglers are outside the scope of 

the RFA. Although the for-hire sector of 

the sport fishery may experience 

indirect economic impacts due to the 

imposition of reduced daily bag and 

possession limits, those impacts are not 

required elements of the RFA analysis 

for this action. 

Because this proposed rule, if 

implemented, would not be expected to 

have a significant direct adverse 

economic effect on a substantial number 

of small entities, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

Paperwork Reduction Act 

There are no new collection-ofinformation requirements associated 

with this action that are subject to the 

Paperwork Reduction Act, existing 

collection-of-information requirements 

associated with the U.S. West Coast 

Highly Migratory Species Fishery 

Management Plan still apply. These 

existing requirements have been 

approved by the Office of Management 

and Budget under Control Number 

0648–0204. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: April 15, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is proposed 

to be amended as follows: 

PART 660—FISHERIES OFF THE WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

773 et seq., and 16 U.S.C. 7001 et seq. 

■ 2. In § 660.721, revise the section 

heading, introductory text, paragraph (a) 

introductory text and paragraph (b), and 

add paragraph (e) to read as follows: 

§ 660.721 Recreational fishing bag limits 

and filleting requirements. 

This section applies to recreational 

fishing for albacore tuna in the U.S. EEZ 

off the coast of California, Oregon, and 

Washington and for bluefin tuna in the 

U.S. EEZ off the coast of California. In 

addition to individual fishermen, the 

operator of a U.S. sportsfishing vessel 

that fishes for albacore or bluefin tuna 

is responsible for ensuring that the bag 

and possession limits of this section are 

not exceeded. The bag limits of this 

section apply on the basis of each 24- 

hour period at sea, regardless of the 

number of trips per day. The provisions 

of this section do not authorize any 

person to take and retain more than one 

daily bag limit of fish during 1 calendar 

day. Federal recreational HMS 

regulations are not intended to 

supersede any more restrictive state 

recreational HMS regulations relating to 

federally-managed HMS. 

(a) Albacore Tuna Daily Bag Limit. 

Except pursuant to a multi-day 

possession permit referenced in 

paragraph (c) of this section, a 

recreational fisherman may take and 

retain, or possess onboard no more than: 

* * * * * 

(b) Bluefin Tuna Daily Bag Limit. A 

recreational fisherman may take and 

retain, or possess on board no more than 

two bluefin tuna during any part of a 

fishing trip that occurs in the U.S. EEZ 

off California south of a line running 

due west true from the CaliforniaOregon border [42°00′ N. latitude]. 

* * * * * 

(e) Restrictions on Filleting of Tuna 

South of Point Conception. South of a 

line running due west true from Point 

Conception, Santa Barbara County 

(34°27′ N. latitude) to the U.S.-Mexico 

border, any tuna that has been filleted 

must be individually bagged as follows: 

(1) The bag must be marked with the 

species’ common name, and 

(2) the fish must be cut into the 

following six pieces with all skin 

attached: the four loins, the collar 

removed as one piece with both pectoral 

fins attached and intact, and the belly 

cut to include the vent and with both 

pelvic fins attached and intact. 

[FR Doc. 2015–09093 Filed 4–20–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 140113035–5354–01] 

RIN 0648–XD082 

Pacific Island Fisheries; 2014–15 

Annual Catch Limits and 

Accountability Measures; Main 

Hawaiian Islands Deep 7 Bottomfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed specifications; request 

for comments. 

SUMMARY: NMFS proposes to specify an 

annual catch limit (ACL) of 346,000 lb 

for Deep 7 bottomfish in the main 

Hawaiian Islands (MHI) for the 2014–15 

fishing year. If the ACL is projected to 

be reached, NMFS would close the 

commercial and non-commercial 

fisheries for MHI Deep 7 bottomfish for 

the remainder of the fishing year. The 

proposed specifications and fishery 

closure support the long-term 

sustainability of Hawaii bottomfish. 

DATES: NMFS must receive comments 

by May 6, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2013–0174, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2013- 

0174, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Send written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1845 Wasp Blvd. Bldg. 

176, Honolulu, HI 96818. 

Instructions: NMFS may not consider 

comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period. All comments received are a 

part of the public record and will 

generally be posted for public viewing 

on 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules 22159 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, 808–725–5176. 

SUPPLEMENTARY INFORMATION: The 

bottomfish fishery in Federal waters 

around Hawaii is managed under the 

Fishery Ecosystem Plan for the 

Hawaiian Archipelago (Hawaii FEP), 

developed by the Western Pacific 

Fishery Management Council (Council) 

and implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The 

regulations at Title 50, Code of Federal 

Regulations, Part 665 (50 CFR 665.4) 

require NMFS to specify an ACL for 

MHI Deep 7 bottomfish each fishing 

year, based on a recommendation from 

the Council. The Deep 7 bottomfish are 

onaga (Etelis coruscans), ehu (E. 

carbunculus), gindai (Pristipomoides 

zonatus), kalekale (P. sieboldii), 

opakapaka (P. filamentosus), lehi 

(Aphareus rutilans), and hapuupuu 

(Epinephelus quernus). 

NMFS proposes to specify an ACL of 

346,000 lb of Deep 7 bottomfish in the 

MHI for the 2014–15 fishing year. The 

Council recommended the ACL at its 

160th and 161st meetings held in June 

and October 2014, respectively. The 

proposed specification is identical to 

the ACL that NMFS specified for the 

past three consecutive fishing years (i.e., 

2011–12, 2012–13, and 2013–14). NMFS 

monitors Deep 7 bottomfish catches 

based on data provided by commercial 

fishermen to the State of Hawaii. If 

NMFS projects the fishery will reach 

this limit, NMFS would close the 

commercial and non-commercial 

fisheries for MHI Deep 7 bottomfish for 

the remainder of the fishing year, as an 

accountability measure (AM). In 

addition, if NMFS and the Council 

determine that the final 2014–15 Deep 

7 bottomfish catch exceeds the ACL, 

NMFS would reduce the Deep 7 

bottomfish ACL for the 2015–16 fishing 

year by the amount of the overage. The 

fishery did not attain the specified ACL 

in 2011–12, 2012–13, or 2013–14, and 

NMFS does not anticipate the fishery 

will attain the limit in the current 

fishing year, which began on September 

1, 2014, and ends on August 31, 2015. 

The Council recommended the ACL 

and AMs based on a 2011 NMFS 

bottomfish stock assessment, and in 

consideration of the risk of overfishing, 

past fishery performance, the acceptable 

biological catch (ABC) recommendation 

from its Scientific and Statistical 

Committee (SSC), and input from the 

public. The 2011 NMFS bottomfish 

stock assessment estimates the 

overfishing limit (OFL) for the MHI 

Deep 7 bottomfish stock complex to be 

383,000 lb. The proposed ACL of 

346,000 lb is equal to the SSC’s ABC 

recommendation, and is associated with 

a 41 percent probability of overfishing. 

This risk level is more conservative than 

the 50 percent risk threshold allowed 

under NMFS guidelines for National 

Standard 1 of the Magnuson-Stevens 

Act. 

The Council also considered the 

results of a NMFS draft 2014 stock 

assessment update that used the 

previous 2011 stock assessment’s 

methods for data analysis, modeling, 

and stock projections, with one 

improvement—it included the State of 

Hawaii’s commercial marine license 

(CML) data as a variable to standardize 

catch-per-unit of effort (CPUE) from 

1994 to 2013. The State began issuing 

CMLs uniquely and consistently to 

individuals through time starting in 

1994. Therefore, beginning in 1994 the 

CML number assigned to an individual 

has remained the same, allowing NMFS 

to improve CPUE standardization from 

that year onward. However, the Council 

did not base its ACL recommendation 

on the 2014 assessment update because 

the Council had a number of questions 

and concerns regarding the application 

of the new CPUE standardization 

methods. The Council also 

recommended the 2014 assessment be 

independently reviewed. 

In December 2014, PIFSC contracted 

the Center for Independent Experts (CIE) 

to review a final draft of the 2014 stock 

assessment update. The CIE panel found 

that including individual CML data as a 

variable to standardize CPUE over time 

was an improvement over the method 

used in the 2011 stock assessment. 

However, the CIE panel had strong 

reservations regarding the quality of 

input catch data and CPUE index of 

abundance used in both the 2011 and 

2014 stock assessments. Specifically, 

the panel raised concern about the pre1990 data for CPUE calculation and 

estimates of unreported catch. 

Given the concerns with the 

incomplete effort information, the CIE 

panel concluded that the 2014 stock 

assessment had serious flaws that 

compromised its utility for 

management. In particular, the CIE 

panel noted that because the 2014 stock 

assessment was an update only, and 

required improvements in the index and 

the population model, the science 

reviewed in the 2014 stock assessment 

is not considered the best available. The 

reports of the CIE reviewers are 

available on NMFS Web site at http://

www.st.nmfs.noaa.gov/science-qualityassurance/cie-peer-reviews/cie-review2015. 

In March 2015, the NMFS Pacific 

Island Fisheries Science Center (PIFSC) 

outlined the reasons why the fisheries 

data in the 2014 assessment produced 

results that the CIE panel advised were 

not ready for management application, 

and identified two ways in which the 

fisheries data can be improved for future 

application in the new CPUE 

standardization method, as follows: 

1. Although catch per day fished is 

the best available CPUE that is available 

continuously over the whole time series 

(1949–2013), it may not be the best 

available over the most recent time 

series (1994–2013). If the time series is 

to be split with CPUE issues addressed 

differently before and after the split, one 

could also analyze and include detailed 

effort data that has been collected only 

for the last dozen years. These data 

could strongly influence recent trends. 

Because it is a complex undertaking, 

PIFSC did not see this as work that 

could be done as a simple update in 

2014. 

The use of CPUE defined as catch per 

day fished is subject to great criticism, 

and one way to address this is by using 

details about hours and numbers of 

lines and/or hooks used by fishermen 

over the last dozen years. Only 

inexplicit, undescribed differences 

among fishermen linked through time 

were applied to the recent stanza (1993– 

2013) in the 2014 CPUE standardization. 

Using the recent effort detail would still 

allow differences between individual 

fishermen to be standardized, and also 

allow changes in effort details through 

time, to be addressed. Both were factors 

of great concern to the reviewers. 

Differences among areas and seasons 

and other such factors that can be 

applied throughout the whole time 

series have remained part of the CPUE 

standardization in both 2011 and 2014. 

2. Further efforts could be made to 

apply the CPUE standardization to 

account for differences among 

fishermen to more data using various 

exploratory methods and other data sets. 

The 2014 assessment overlooked a 

compilation of confidential nonelectronic records held by the State of 

Hawaii that may help to link fishermen 

identities back through an earlier stanza 

of time. 

Although the CIE panel noted the 

improvement in catch rate 

standardization in the 2014 stock 

assessment compared to 2011, it had 

strong reservations regarding the input 

catch data in both stock assessments. 

However, because it is a complex 

undertaking, PIFSC cannot improve the 

assessment for MHI Deep 7 bottomfish 


tkelley on DSK3SPTVN1PROD with PROPOSALS
22160 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules 

in the ways described above for the 

current fishing year. 

PIFSC believes that a simpler update 

of the 2011 assessment using data from 

the three most recent years available 

(i.e., 2011–2013) provides the best 

scientific information available for 

management. However, this information 

was not available at the June and 

October 2014 SSC and Council meetings 

when these bodies provided their 

respective ABC and ACL 

recommendations to NMFS for the 

ongoing fishing year. Moreover, because 

the 118th SSC and the 162nd Council 

were scheduled to meet starting on 

March 10 and March 16, 2015, 

respectively, there was insufficient time 

to publish a notice in the Federal 

Register revising the meeting agendas to 

include an action item to revisit the SSC 

and Council’s 2014–15 ABC/ACL 

recommendation of 346,000 lb. 

While NMFS will add this topic as an 

action item to be discussed at the June 

2015 SSC and Council meetings, it is 

unlikely NMFS could implement a 

revised ABC/ACL recommendation for 

the 2014–15 fishing year, as the season 

will end on August 31, 2015. The 

National Standard 2 Guidelines, 50 CFR 

600.315(a)(6)(v), recognize that data 

collection is a continuous process, and 

that new information that cannot be 

considered in decision-making may be 

reserved for use in subsequent updates. 

For these reasons, NMFS proposes to 

implement the recommended ACL of 

346,000 lb for the 2014–15 fishing year. 

NMFS will request the SSC and Council 

to consider in June 2015 the new 

information when recommending an 

ABC and ACL for the 2015–16 fishing 

year, which begins on September 1, 

2015. 

NMFS does not expect the proposed 

ACL and AM specifications for 2014–15 

to result in a change in fishing 

operations or other changes to the 

conduct of the fishery that would result 

in significant environmental impacts. 

After considering public comments on 

the proposed ACL and AMs, NMFS will 

publish the final specifications. 

To be considered, NMFS must receive 

any comments on these proposed 

specifications by May 6, 2015, not 

postmarked or otherwise transmitted by 

that date. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator for Fisheries 

has determined that this proposed 

specification is consistent with the 

Hawaii FEP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

This action is exempt from review 

under Executive Order 12866. 

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 

these proposed specifications, if 

adopted, would not have a significant 

economic impact on a substantial 

number of small entities. A description 

of the action, why it is being considered, 

and the legal basis for it are contained 

in the preamble to these proposed 

specifications. 

NMFS proposes to specify an annual 

catch limit (ACL) of 346,000 lb for Main 

Hawaiian Islands (MHI) Deep 7 

bottomfish for the 2014–15 fishing year, 

as recommended by the Western Pacific 

Fishery Management Council (Council). 

NMFS monitors MHI Deep 7 bottomfish 

catches based on data provided by 

commercial fishermen to the State of 

Hawaii. If NMFS projects the fishery to 

reach this limit, NMFS, as an 

accountability measure (AM), would 

close the commercial and noncommercial fisheries for MHI Deep 7 

bottomfish for the remainder of the 

fishing year. The proposed ACL and AM 

specifications are identical to those that 

NMFS implemented for the past three 

consecutive fishing years, (i.e., 2011–12, 

2012–13 and 2013–14). The fishery did 

not reach the ACL in any of those past 

three fishing years, and NMFS does not 

expect the fishery to reach the ACL in 

the 2014–15 fishing year, which began 

on September 1, 2014 and will end on 

August 31, 2015. 

This rule would impact vessels in the 

commercial and non-commercial 

fisheries for MHI Deep 7 bottomfish. In 

the previous fishing year (2013–14), 419 

fishermen reported landing 309,485 lb 

of Deep 7 bottomfish. On June 12, 2014, 

the Small Business Administration 

issued an interim final rule revising 

small business size standards (79 FR 

33647). The rule increased the size 

standard for Finfish Fishing to $20.5 

million. Based on available information, 

NMFS has determined that all vessels in 

the commercial and non-commercial 

fisheries for MHI Deep 7 bottomfish are 

small entities under the Small Business 

Administration’s definition of a small 

entity. That is, they are engaged in the 

business of fish harvesting, 

independently owned or operated, not 

dominant in their field of operation, and 

have annual gross receipts not in excess 

of $20.5 million, the small business size 

standard for finfish fishing. Therefore, 

there would be no disproportionate 

economic impacts between large and 

small entities. Furthermore, there are 

would be no disproportionate economic 

impacts among the universe of vessels 

based on gear, home port, or vessel 

length. 

As for the revenues earned by Deep 7 

bottomfish fishermen, State of Hawaii 

records report 343 of the 419 fishermen 

sold their Deep 7 bottomfish catch. 

These 343 individuals sold a combined 

total of 269,571 lb (87% of reported 

catch) at a value of $1,798,713. Based on 

these revenues, the average price for 

MHI Deep 7 bottomfish in 2013–14 was 

approximately $6.67/lb. NMFS assumes 

that the remaining 76 commercial 

fishermen either sold no fish or the 

State of Hawaii reporting program did 

not capture their sales. 

Assuming the fishery attains the ACL 

of 346,000 in 2014–15, using the 2013– 

14 average price of $6.67, the potential 

fleet wide revenue during 2014–15 is 

expected to be $2,307,820 ($2,007,803 

under the assumption that 87% of catch 

is sold). If the same number of 

fishermen sell MHI Deep 7 bottomfish 

in 2014–15 as in 2013–14, each of these 

343 commercial fishermen could 

potentially sell an average of 1,008.8 lb 

(878.6 lb if 87% of potential catch is 

sold) of MHI Deep 7 bottomfish valued 

at $6,728.34 ($5,860.33 if 87% of 

potential catch is sold) per individual. 

In general, the relative importance of 

MHI bottomfish to commercial 

participants as a percentage of overall 

fishing or household income is 

unknown, as the total suite of fishing 

and other income-generating activities 

by individual operations across the year 

has not been examined. 

In terms of scenarios immediately 

beyond the 2014–15 fishing year, three 

possible outcomes may occur. First, if 

fishery does not reach the ACL in 2014– 

15, the ACL could remain the same for 

the 2015–16 fishing year. Second, if the 

fishery exceeds the ACL for the 2014– 

15 fishing year, NMFS would reduce the 

Deep 7 bottomfish ACL for the 2015–16 

fishing year by the amount of the 

overage. The last possible scenario is 

one where NMFS would prepare a new 

stock assessment or update that NMFS 

and the Council would use to set a new 

2015–2016 ACL (without inclusion of 

any overage, even if catch exceeds ACL 

for the 2014–15 fishing year). 

Even though this proposed 

specification would apply to a 

substantial number of vessels, i.e., 100 

percent of the bottomfish fleet, NMFS 

does not expect the rule will have a 

significantly adverse economic impact 

to individual vessels. Landings 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules 22161 

information from the 2013–14 fishing 

year, and from the catch to date in the 

2014–15 fishing year, suggest that Deep 

7 bottomfish landings are not likely to 

exceed the ACL proposed for 2014–15. 

Therefore, pursuant to the Regulatory 

Flexibility Act, this proposed action 

would not have a significant economic 

impact on a substantial number of small 

entities. As a result, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

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

Dated: April 15, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–09055 Filed 4–20–15; 8:45 am] 

BILLING CODE 3510–22–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS