[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Rules and Regulations]
[Pages 47098-47100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 070720400-81019-02]
RIN 0648-AV30


Fisheries in the Western Pacific; Precious Corals Fisheries; 
Black Coral Quota and Gold Coral Moratorium

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

ACTION: Final rule.

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SUMMARY: This final rule implements Amendment 7 to the Fishery 
Management Plan for Precious Coral Fisheries of the Western Pacific 
Region (Precious Corals FMP). The rule designates the Au'au Channel, 
Hawaii, black coral bed as an ``Established Bed'' with a harvest quota 
of 5,000 kg every two years that applies to Federal and State of Hawaii 
waters, and implements a 5-year moratorium on the harvest of gold coral 
throughout the U.S. western Pacific. This rule is intended to prevent 
overfishing and achieve optimum yields of black coral resources, and to 
prevent overfishing and stimulate research on gold corals.

DATES: This final rule is effective September 12, 2008.

ADDRESSES: Amendment 7 is 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: Brett Wiedoff, NMFS PIR, 808-944-2272.

SUPPLEMENTARY INFORMATION: This final rule is accessible on the 
internet at: www.gpoaccess.gov/fr/.
    Since 1980, almost all of the black coral harvested around the 
Hawaiian Islands has been taken from the Au'au Channel Bed. The biomass 
of the Au'au Channel black coral population has decreased by at least 
25 percent in the last 30 years, and data collected during submersible 
dives has shown a decline in both recruitment and relative abundance of 
legal-sized black coral colonies. The decline may be related to both 
fishing pressure and competition with the highly-invasive soft coral, 
Carijoa riisei, or snowflake coral, which has been found overgrowing 
large areas of black coral habitat. The potentially-devastating 
snowflake coral, combined with fishing pressure, warrants management 
action and further research.
    This final rule designates the Au'au Channel Bed (Fig. 1) as an 
``Established Bed'' with a harvest quota for black coral of 5,000 kg 
(11,023 lb) every two years. This quota applies in both Federal and 
State of Hawaii waters, and all other existing Federal restrictions 
continue to apply.
[GRAPHIC] [TIFF OMITTED] TR13AU08.044


[[Page 47099]]


    For gold corals, the currently-accepted estimate of the linear 
growth rate is about 6.6 cm/yr, suggesting that large colonies are 
relatively young. These estimates are based on the assumption that 
growth rings are laid down annually, as in other precious corals (e.g., 
black and pink corals). Recent research on the aging of gold corals 
using radiometric dating, however, indicates that gold corals may grow 
at a much slower rate, possibly 0.004 to 0.0014 cm/yr, making some 
samples 450-2,740 years old. These research results challenge current 
assumptions about gold coral growth rates, and indicate that some gold 
coral colonies are thousands of years old and, thus, highly-susceptible 
to over-harvesting. This rule implements a five-year moratorium on the 
harvest of gold corals from all waters of the U.S. Exclusive Economic 
Zone of the western Pacific region. Additional research results on gold 
coral age structures, growth rates, and correlations between length and 
age will be considered by the Council and NMFS prior to expiration of 
the 5-year moratorium.
    Additional background information on this final rule may be found 
in the preamble to the proposed rule published on May 30, 2008 (73 FR 
31047), and is not repeated here.

Comments and Responses

    On May 23, 2008, NMFS announced in the Federal Register the 
availability of Amendment 7 for public comments (73 FR 30038), and on 
May 30, 2008, NMFS published a proposed rule and request for public 
comments (73 FR 31047). The public comment period for Amendment 7 ended 
on July 22, 2008, and the proposed rule comment period ended on July 
14, 2008. NMFS did not receive any public comments on the proposed 
rule.

Changes From the Proposed Rule

    This final rule updates Table 1 to 50 CFR part 665 by adding the 
Commonwealth of the Northern Mariana Islands (CNMI) Exploratory Area 
coral bed. In 2006, CNMI precious coral beds were classified as 
Exploratory Areas under the FMP (71 FR 53605, September 12, 2006), but 
Table 1 was not updated to reflect the change. This inadvertency was 
identified only after the current proposed rule was published; this 
final rule corrects the error.

Classification

    The Regional Administrator, Pacific Islands Region, NMFS, 
determined that Precious Corals FMP Amendment 7 is necessary for the 
conservation and management of precious corals, 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.
    NMFS prepared a final regulatory flexibility analysis (FRFA). The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA) 
prepared in support of the proposed rule, and a summary of the analyses 
completed to support the action, as follows:

    The reasons why action by the agency is being taken and the 
objectives of the action are explained in the preambles to the 
proposed rule and final rule, and are not repeated here. This action 
does not duplicate, overlap, or conflict with any other Federal 
rules. It is taken under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act and regulations at 50 CFR part 665.
    IRFA Comments/responses. There were no comments received on the 
IRFA.
    There are three permitted vessels in the fishery for black 
coral, but only two have reported landings in Hawaii. Both vessels 
are considered to be small entities under the Small Business 
Administration definition of a small entity, i.e., 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 $4 million. Therefore, there 
are no disproportionate economic impacts among large and small 
vessels based on this definition.
    Specific net revenues of individual vessels could not be 
analyzed due to confidentiality restraints, but recent black coral 
landings have generally increased. The potential economic impacts 
are discussed below. The fishery for gold coral also includes the 
same three vessels permitted to harvest black corals under a generic 
Precious Corals fishing permit issued by NMFS. However, these 
vessels are currently dormant in the gold coral fishery, with no 
identifiable harvest in 2006, although modest commercial quotas of 
20 kg (44 lb) are specified for sites in the Main Hawaiian Islands 
and 67 kg (149 lb) for sites in the Northwestern Hawaiian Islands.
    This rule will reduce the harvests of black coral in the Au'au 
Channel, and, thus, could adversely affect both vessels currently 
engaged in the fishery. Due to confidentiality agreements, the 
amounts of the reductions both absolute and relative bases could not 
be reported here. This rule will also implement a 5-year moratorium 
on the harvest of gold corals. Because the gold coral fishery is 
currently dormant, this rule will have no immediate economic impact 
to vessels licensed to harvest gold corals.
    Any adverse economic impact resulting from the quota change to 
the black coral fishery could not be avoided because the objective 
of this rule is to ensure an economically sustainable fishery in the 
future. Therefore, NMFS has determined that there is no opportunity 
to both meet the objective of the Amendment 7 and lessen any adverse 
economic costs resulting from this rule.
    Section 212 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 states that, for each rule or group of related 
rules for which an agency is required to prepare a FRFA, the agency 
shall publish one or more guides to assist small entities in 
complying with the rule, and shall designate such publications as 
``small entity compliance guides.'' The agency shall explain the 
actions a small entity is required to take to comply with a rule or 
group of rules. As part of this rulemaking process, a small entity 
compliance guide was prepared and will be sent to all permit holders 
that have historic landings in the precious coral fishery. The guide 
and this final rule will be available upon request.


List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

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

    Dated: August 7, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 665 is amended 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. In Sec.  665.12, in the definition of ``Precious coral permit 
area'', revise paragraph (1) to read as follows:


Sec.  665.12  Definitions.

* * * * *
    Precious coral permit area * * *
    (1) Established beds. (i) Makapu'u (Oahu), Permit Area E-B-1, 
includes the area within a radius of 2.0 nm of a point at 21[deg]18.0' 
N. lat., 157[deg]32.5' W. long.
    (ii) Au'au Channel (Maui), Permit Area E-B-2, includes the area 
west and south of a point at 21[deg]10' N. lat., 156[deg]40' W. long., 
and east of a point at 21[deg] N. lat., 157[deg] W. long., and west and 
north of a point at 20[deg]45' N. lat., 156[deg]40' W. long.
* * * * *

0
3. In Sec.  665.82, add a new paragraph (b)(5) to read as follows:


Sec.  665.82  Prohibitions.

* * * * *
    (b) * * *

[[Page 47100]]

    (5) In a bed that has been closed pursuant to Sec. Sec.  665.85 or 
665.90.
* * * * *

0
4. Revise Sec.  665.83 to read as follows:


Sec.  665.83  Seasons.

    The fishing year for precious corals begins on July 1 and ends on 
June 30 the following year, except at the Makapu'u and Au'au Channel 
Beds, which have a two-year fishing period that begins July 1 and ends 
June 30, two years later.

0
5. In Sec.  665.85, revise paragraph (a) to read as follows:


Sec.  665.85  Closures.

    (a) If the Regional Administrator determines that the harvest quota 
for any coral bed will be reached prior to the end of the fishing year, 
or the end of the 2-year fishing period at Makapu'u Bed or Au'au 
Channel Bed, NMFS shall publish a notice to that effect in the Federal 
Register and shall use other means to notify permit holders. Any such 
notice must indicate the reason for the closure, the bed being closed, 
and the effective date of the closure.
* * * * *

0
6. Under Subpart F, add a new Sec.  665.90 to read as follows:


Sec.  665.90  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2013.

0
7. Revise Table 1 to Part 665 to read as follows:

               Table 1 to Part 665--Precious Coral Quotas
------------------------------------------------------------------------
                          Name of coral  Harvest quota in    Number of
    Type of coral bed          bed           kilograms         years
------------------------------------------------------------------------
Established Beds          Au'au Channel  Black: 5,000      2
                         -----------------------------------------------
                          Makapu'u       Pink: 2,000       2
 
                          .............  Gold: 0 (zero)    --
 
                          .............  Bamboo: 500       2
------------------------------------------------------------------------
Conditional Beds          180 Fathom     Pink: 222         1
                           Bank
 
                          .............  Gold: 67          1
 
                          .............  Bamboo: 56        1
                         -----------------------------------------------
                          Brooks Bank    Pink: 17          1
 
                          .............  Gold: 133         1
 
                          .............  Bamboo: 111       1
                         -----------------------------------------------
                          Kaena Point    Pink: 67          1
 
                          .............  Gold: 20          1
 
                          .............  Bamboo: 17        1
                         -----------------------------------------------
                          Keahole Point  Pink: 67          1
 
                          .............  Gold: 20          1
 
                          .............  Bamboo: 17        1
------------------------------------------------------------------------
Refugia                   Westpac        All: 0 (zero)     --
------------------------------------------------------------------------
Exploratory Areas         Hawaii,        1,000 per area    1
                           American       (all species
                           Samoa, Guam,   combined except
                           CNMI, U.S.     black corals)
                           Pacific
                           Remote
                           Island Areas
------------------------------------------------------------------------
Notes:
1. No fishing for coral is authorized in refugia.
2. A moratorium on gold coral harvesting is in effect through June 30,
  2013.

[FR Doc. E8-18754 Filed 8-12-08; 8:45 am]
BILLING CODE 3510-22-S