98-30839. Fisheries off West Coast States and in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Amendment 5

[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Proposed Rules]
[Page 64033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30839]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 110698B]
RIN 0648-AK21


Fisheries off West Coast States and in the Western Pacific; 
Bottomfish and Seamount Groundfish Fisheries; Amendment 5

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

ACTION: Notice of availability of a fishery management plan amendment; 
request for comments.

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

SUMMARY: NMFS announces that the Western Pacific Fishery Management 
Council (Council) has submitted Amendment 5 to the Fishery Management 
Plan for Bottomfish and Seamount Groundfish of the Western Pacific 
Region (FMP) for Secretarial review. Amendment 5 would establish a 
limited access program for the Mau Zone bottomfish fishery in the 
eastern portion of the Northwestern Hawaiian Islands (NWHI). The Mau 
Zone, which is one of two bottomfish management subareas in the NWHI, 
encompasses an area between 161 deg.20' and 165 deg. 00' W. longitude 
in the U.S. exclusive economic zone around the Hawaiian Islands. This 
action is intended to conserve and support the long-term productivity 
of the bottomfish stocks by preventing the potential for excessive 
harvest capacity and to improve the low economic returns in the 
fishery.

DATES: Written comments on the amendment must be received on or before 
January 19, 1999.

ADDRESSES: Written comments should be sent to Charles Karnella, 
Administrator, Pacific Islands Area Office, NMFS, 2570 Dole Street, 
Room 106, Honolulu, HI 96822-2396. Copies of Amendment 5, including its 
Regulatory Impact Review and Environmental Assessment, are available 
from Kitty Simonds, Executive Director, Western Pacific Fishery 
Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, Fishery Management 
Specialist, Pacific Islands Area Office, NMFS at [phone] or 
Kitty Simonds at [phone].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each Regional 
Fishery Management Council submit any amendment to a fishery management 
plan it has prepared to NMFS for review, disapproval, or partial 
approval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an amendment, immediately publish a notice that the amendment 
is available for public review and comment. NMFS will consider all 
public comments received during the comment period in determining 
whether to approve the amendment for implementation.
    Amendment 5 would (1) restrict participation in the Mau Zone 
bottomfish fishery to vessel owners who hold limited access permits; 
(2) adopt, based on biological and economic factors, a long-term target 
number of 10 vessels that would be allowed to fish for bottomfish in 
the Mau Zone; (3) establish qualifying criteria for allocating initial 
limited access permits based on historic participation in the fishery 
(December 17, 1991, control date) and landings of bottomfish from the 
Mau Zone up to December 31, 1996; (4) prohibit the transfer, lease, 
charter, or sale of permits to reduce the number of vessels in the 
fishery in order to achieve the target number; (5) revoke limited 
access permits issued to partnerships or corporations upon a change in 
more than 50 percent ownership in the permitted vessel or its 
replacement; (6) limit the amount of time a permit holder may register 
a limited access permit for use with a leased or chartered vessel; (7) 
limit the length of replacement vessels to 60 ft (18.3 m); (8) require 
permit holders to make a minimum of five landings of at least 500 lb 
(227 kg) each of bottomfish management unit species each year from the 
Mau Zone to qualify for permit renewal; (9) require the Council to 
undertake a 5-year comprehensive review of the limited access program 
to determine its effectiveness in meeting the objectives of the FMP; 
(10) have the Council develop criteria to allow new entry into the Mau 
Zone when the number of permitted vessels falls below 10; and (11) 
reserve 20 percent of the long-term target number of limited access 
permits, i.e., two permits, for a Western Pacific Community Development 
Program that may be developed by the Council and approved by the 
Secretary of Commerce. Amendment 5 describes the above measures in 
detail, including such other requirements as establishing a fee for 
processing Mau Zone permits, specifying an appeals process for permit 
actions, and prohibiting the retention of incidentally caught 
bottomfish in the Mau Zone without a limited access permit.
    Public comments on Amendment 5 must be received by January 19, 1999 
to be considered by NMFS in the decision to approve/disapprove 
Amendment 5. A proposed rule to implement Amendment 5 has been 
submitted for Secretarial review and approval. NMFS expects to publish 
the proposed rule and request public comment on the proposed 
regulations in the near future.

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

    Dated: November 13, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-30839 Filed 11-17-98; 8:45 am]
BILLING CODE 3510-22-F