[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6577-6578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3779]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 681
[Docket No. 960212026-6026-01; I.D. 020296A]
RIN 0648-XX44
Western Pacific Crustacean Fisheries; 1996 Initial Quota
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Initial quota for crustaceans for 1996.
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SUMMARY: NMFS announces a 1996 initial quota of 143,863 lobsters for
the Northwestern Hawaiian Islands (NWHI) crustacean fishery. The quota
was calculated according to the formula in Amendment 7 to the Fishery
Management Plan for the Crustacean Fisheries of the Western Pacific
Region (FMP). The final quota for the 1996 fishing year, which begins
July 1, 1996, will be announced after the first month of fishing.
EFFECTIVE DATE: Effective July 1, 1996.
ADDRESSES: Copies of Amendment 7 and the associated background material
for determining the quota may be obtained from Ms. Kitty Simonds,
Executive Director, Western Pacific Fishery Management Council
(Council), 1164 Bishop Street, Suite 1405, Honolulu, HI 96813.
FOR FURTHER INFORMATION CONTACT: Mr. Svein Fougner, 310-980-4034; Mr.
Alvin Z. Katekaru, 808-973-2985; or Ms. Kitty Simonds, 808-522-8220.
SUPPLEMENTARY INFORMATION: The crustacean fisheries of NWHI are managed
by the Secretary of Commerce (Secretary) according to the FMP, which
was prepared by the Council under the authority of the Magnuson Fishery
Conservation and Management Act. Regulations affecting the U.S. fishery
are at 50 CFR part 681.
[[Page 6578]]
The annual quota for the crustacean fishery is announced in two
steps. First, based on previous years' fishery data, sampling during
research cruises, and other available data, the Director, Southwest
Region, NMFS (Regional Director) determines an initial quota, which is
announced in the Federal Register by NMFS. A population model by which
the quota is determined is described in Amendment 7 to the FMP. The
final quota for the year is then determined based on the initial quota,
adjusted after consideration of actual commercial fisheries data
collected during the first month of fishing. These actual catch and
effort data, in conjunction with the previous information, provide an
additional indicator of the status of the lobster stocks in NWHI.
Amendment 7 provides that an annual quota be set at a level permitting
an average catch per unit of effort (CPUE) of 1.0 for the fleet. The
Regional Director has used the formula in Amendment 7 to set an initial
quota for 1996 of 143,863 lobsters (spiny and slipper lobster
combined). The final quota, to be announced in the Federal Register as
soon as practicable after August 15, 1996, may increase or decrease
substantially from the initial quota. The Southwest Region, NMFS, will
monitor landings against the quota and issue timely reports of summary
data. The Southwest Region also will promptly notify participants in
the fishery of any changes in the fishery; however, participants are
advised to contact the Southwest Region (see ADDRESSES) periodically to
stay abreast of any change in the quota and progress of the fishery
toward attaining the quota. Under the procedures in 50 CFR 681.31(c),
NMFS will announce the date upon which the quota will be reached or
exceeded and close the fishery.
A proposed Amendment 9 to the FMP has been prepared by the Council.
The amendment proposes changes in the quota-setting procedure that, if
approved by the Secretary and implemented, would affect the 1996
fishery. The amount, size, and condition of lobster that may be
harvested also would change if Amendment 9 is approved and implemented.
Amendment 9 would be implemented by notice-and-comment rulemaking, so
fishermen would be notified of any changes made to the regulations
governing the 1996 fishery and the associated harvest limit.
Classification
This action is authorized by 50 CFR part 681 and is exempt from
review under E.O. 12866.
The Assistant Administrator for Fisheries (AA), NOAA, finds that
since this notice merely announces a quota resulting from the
nondiscretionary application of the objective quota formula in
Amendment 7 to the FMP, no useful purpose would be served by providing
prior notice and opportunity for public comment. Accordingly, the AA
finds good cause under 5 U.S.C. 553(b)(B) to waive as unnecessary the
requirement to provide prior notice and opportunity for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 14, 1996.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-3779 Filed 2-15-96; 11:20 am]
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