[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Pages 13380-13381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6051]
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DEPARTMENT OF COMMERCE
50 CFR Part 681
[Docket No. 950224060-5060-01; I.D. 021395A]
RIN 0648-AH85
Western Pacific Crustacean Fisheries; 1995 Quota
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: 1995 final quota for crustaceans; request for comments.
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SUMMARY: NMFS announces a 1995 quota of zero lobsters for the
Northwestern Hawaiian Islands (NWHI) crustacean fishery. This action is
necessary to ensure protection and conservation of lobsters in this
fishery. Also, fishermen who wish to participate in an Experimental
Fishing Program in this fishery during 1995 are encouraged to contact
the Director, Southwest Region, NMFS (Regional Director). The purpose
of any experimental fishery would be to allow for a precisely
controlled harvest designed to acquire data for assessing the status of
the spiny and slipper lobster stocks.
DATES: Effective July 1, 1995. Comments are invited until April 12,
1995.
ADDRESSES: Comments about this notice and requests for information
about the Experimental Fishing Program should be sent to Hilda Diaz-
Soltero, Regional Director, Southwest Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Svein Fougner, 310-980-4034; or Alvin
Z. Katekaru, 808-973-2985.
SUPPLEMENTARY INFORMATION: The crustacean fisheries of the NWHI are
managed by NMFS according to the Fishery Management Plan for the
Crustacean Fisheries of the Western Pacific Region (FMP), which was
prepared by the Western Pacific Fishery Management Council (Council)
under the authority of the Magnuson Fishery Conservation and Management
Act. Regulations affecting this fishery appear at 50 CFR part 681.
Ordinarily, an annual quota for the NWHI crustacean fishery is
announced in two steps. First, based on previous years' fishery data,
sampling during research cruises, and other available data, the
Regional Director determines an initial quota, which is announced in
the Federal Register, usually in February each year. Next, a final
quota is announced as soon as possible on or after August 15 of the
fishing year. The final quota is based on actual commercial fisheries
data collected during the first month of fishing, which begins July 1
(when there is a quota).
A substantial decrease in lobster landings and catch-per unit-of-
effort (CPUE) in 1990 raised concern that fishing effort was excessive.
Low lobster CPUE continued into the early part of 1991, prompting an
emergency closure of the fishery from May through November 1991.
Amendment 7 to the FMP, which was approved by NMFS in February
1992, created an annual 6-month closed season and an adjustable annual
fleet [[Page 13381]] harvest quota determined by a formula. This quota
is established as described above. The initial quota for 1992 was
forecast at 750,000 lobsters; however, a research cruise to the NWHI in
June 1992 indicated that recruitment had not improved. Based on the
CPUE information from the first month of the commercial fishery and the
data collected on the research cruise, the final quota was set at
438,000 lobsters.
In 1993, the FMP quota formula yielded an estimated quota of zero,
and there was no commercial fishing in the NWHI.
In 1994, the FMP quota formula yielded an initial quota of 200,000
lobsters; however, data obtained during the first month of fishing
yielded a revised quota of 20,900 lobsters. However, by the time the
final quota was determined, it had been exceeded and the fishery was
closed by emergency rule.
A review panel established by the Council, consisting of the
Crustacean Plan Team, Advisory Panel, and reviewers with stock
assessment and quota management experience, suggested a new quota
system tied to overfishing guidelines rather than maximum sustainable
yield, which is used in the current formula. An analysis by the Council
and NMFS to evaluate the new quota proposal, as well as modification to
the existing quota setting procedures, is underway, but has not been
completed.
The review panel recommended that NMFS conduct additional
statistical analyses to determine if use of new statistical procedures
would produce more reliable results. After conducting these analyses,
NMFS determined that a new statistical procedure should be used and
applied it in deriving the initial quota for 1995.
Despite the quota derived from the FMP formula, NMFS concludes that
the initial and final quota should be zero, and the NWHI commercial
lobster fishery should be closed in 1995. There are two reasons for
this determination. First, managing the fishery to ensure that such a
low quota is not exceeded would be difficult to accomplish. There are
15 permits in force for the fishery. While it is unlikely that all
permit holders would gear up for the fishery, five to seven vessels
might participate in a ``derby'' fishery, with each trying to maximize
its share of the quota. Data from the 1994 fishery show that the
cumulative daily catch by the five vessels that participated averaged
almost 4,000 lobsters. With seven vessels, the expected cumulative
daily catch would be about 5,600 lobsters. Even with daily catch
reports, given the requirement that 7-day notice be given to fishermen
prior to prohibiting further landings, there would be potential for
exceeding the quota.
Second, the low 1995 quota is likely to result in a ``derby''
fishery, which would be economically inefficient and would encourage
fishermen to take safety risks. Given the substantial cost to prepare a
vessel for fishing, once outfitted, a vessel operator would be under
pressure to maximize catch, regardless of weather and sea conditions,
in order to recoup expenses and make a profit. However, since an
initial quota of 38,513 lobsters would generate only about $250,000 in
total ex-vessel revenues for the entire commercial fishery, the
likelihood that all participants would benefit from fishing is small,
and certainly does not outweigh the risk of a ``derby'' fishery.
Nevertheless, in the interest of improving the scientific basis for
future management, NMFS will consider allowing controlled fishing under
an Experimental Fishing Permit program, which could be authorized under
Sec. 681.26 of the regulations. Controlled fishing under an
experimental fishing program could provide added information regarding
rebuilding of the stocks, to the extent stock rebuilding has existed
since late 1994, while ensuring that the harvest of 38,513 lobsters is
not exceeded. In conjunction with the data from the planned 1995
research cruise, any information obtained from fishing under an
Experimental Fishing Program could be important for deriving the
initial quota for 1996. However, data obtained from any experimental
fishing would not be used to modify the 1995 quota. Also, NMFS
encourages fishermen who wish to participate in an Experimental Fishing
Program in this fishery during 1995 to contact the Regional Director.
Classification
This action is authorized by 50 CFR part 681 and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-6051 Filed 3-10-95; 8:45 am]
BILLING CODE 3510-22-F
