[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Rules and Regulations]
[Pages 20539-20541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11017]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 980415098-8098-01; I.D.031998A]
RIN 0648-AK22
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Crustacean Fisheries; Vessel Monitoring System; Harvest
Guideline; Closed Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement three management
measures governing the crustacean fisheries in the Exclusive Economic
Zone around Hawaii. The first measure allows fishing vessels in the
Northwestern Hawaiian Islands (NWHI) lobster fishery with vessel
monitoring system (VMS) units to transit the prohibited Crustaceans
Permit Area 1 VMS Subarea while returning to port following closure of
the fishery. Because these vessels are under surveillance by NMFS, they
are allowed to traverse the permit subarea. Lobster vessels without VMS
units must be outside the permit area when the closure takes effect and
be back in port as specified by the Administrator, Southwest Region,
NMFS. The second measure changes the deadline by which NMFS must
announce the NWHI lobster harvest guideline for the following fishing
season from March 31 to February 28. This action gives fishermen
additional lead time to prepare their vessels for the lobster season
which opens on July 1. The third measure, which pertains to the main
Hawaiian Islands crustacean fishery, adds another month (May) to the
existing closed lobster season (June through August), which makes
Federal regulations for the lobster closed season consistent with the
State of Hawaii's closed season for State waters. This rule also
contains a nonsubstantive clarification of the definition of
Crustaceans Permit Area 1 VMS Subarea.
DATES: Effective May 27, 1998.
ADDRESSES: Copies of background material pertaining to this action may
be obtained from Kitty Simonds, Executive Director, Western Pacific
Fishery Management Council (Council), 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, or Alvin Katekaru, Resource Management Specialist,
Pacific Islands Area Office, Southwest Region, NMFS, 2570 Dole Street,
Honolulu, HI 96822,
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru at (808) 973-2985 or
Kitty Simonds at (808) 522-8220.
SUPPLEMENTARY INFORMATION: Following the 1997 NWHI lobster season,
lobster fishermen reviewed the program and identified two issues that
needed to be addressed. First, the requirement that VMS-carrying
lobster vessels be outside the Crustaceans Permit Area 1 VMS Subarea
when the fishery is closed (50 CFR 660.48), causes these vessels to
take an indirect route back to port adding approximately 50 nautical
miles to their return trip. Second, fishermen also requested more lead
time to prepare (i.e, purchase and outfit lobster traps) for the
lobster season and recommended that NMFS announce the next season's
harvest guideline no later than 90 days following closure of the
previous season.
These issues were initially discussed at the 92nd Council meeting
held in April 1997. In August 1997, at its 93rd
[[Page 20540]]
meeting, the Council requested that a background document and proposed
regulations be prepared for its next meeting. At its 94th meeting
(November 1997), the Council heard fishermen reiterate their concern
that the existing requirement of no transit through the permit subarea
increased the distance traveled on their return to port and, hence,
increased fuel costs. The fishermen also stated that only VMS-carrying
vessels should be exempt from this requirement, because they are under
surveillance by NMFS Enforcement and monitored for any prohibited
lobster fishing. With respect to the issue of an early announcement of
the harvest guideline, fishermen recommended that the announcement be
made no later than 90 days after the end of each season. NMFS
scientists indicated that it was not feasible to compile, verify,
prepare for electronic data processing, analyze lobster catch data, and
develop a harvest guideline within 90 days. However, 180 days appeared
to be reasonable. Currently, NMFS is required to publish the harvest
guideline in the Federal Register by March 31 each year (50 CFR
660.50). The Council believed that a February 28 deadline for the
harvest guideline announcement would provide fishermen adequate time to
prepare for the coming season and would provide NMFS with adequate time
to calculate the guideline.
The Council also discussed the State of Hawaii's administrative
rule which currently prohibits lobster fishing in State waters from May
through August. Current regulations implementing the Fishery Management
Plan for the Crustacean Fisheries of the Western Pacific Region
prohibit lobster fishing in Federal waters off the main Hawaiian
islands from June through August (50 CFR 660.45), which is inconsistent
with the State's closed season and poses potential enforcement problems
for the State. The Hawaii Division of Aquatic Resources requested that
the Federal and State closed lobster season off the main Hawaiian
Islands be made consistent.
Based on the discussions, the Council voted to request that NMFS
initiate final rulemaking under framework procedures to adjust
established management measures governing the NWHI lobster VMS
requirements, the harvest guideline program, and the main Hawaiian
Islands lobster closed season. NMFS has approved the Council's request
for the three actions mentioned above. The revision to the definition
for Crustacean Permit Area 1 VMS Subarea does not make a substantive
change, but merely clarifies the description of the outer boundary of
the Subarea.
Classification
The Assistant Administrator, for good cause, finds under 5 U.S.C.
553(b) that prior notice and opportunity for public comment for this
rule is unnecessary. There has been substantial opportunity for public
comment on this rule, and, opportunity for additional public comment
would serve no useful purpose. This action has received review during
numerous public meetings under a review process at 50 CFR 660.53(c). It
was discussed by the Council at three meetings (April 25, August 19,
November 12, 1997); Crustacean Plan Team (July 1997); Scientific and
Statistical Committee (August 1997); and by industry at an informal
meeting (September 18, 1997).
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act are
applicable.
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands,
Reporting and recordkeeping requirements.
Dated: April 20, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
1. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 660.12, the definition of ``Crustaceans Permit Area 1
VMS Subarea'' is revised to read as follows :
Sec. 660.12 Definitions.
* * * * *
Crustaceans Permit Area 1 VMS Subarea means an area within the EEZ
off the NWHI 50 nm from the center geographical positions of the
islands and reefs in the NWHI as follows: Nihoa Island 23 deg.05' N.
lat., 161 deg.55' W. long.; Necker Island 23 deg.35' N. lat.,
164 deg.40' W. long.; French Frigate Shoals 23 deg.45' N. lat.,
166 deg.15' W. long; Garner Pinnacles 25 deg.00' N. lat., 168 deg.00'
W. long.; Maro Reef 25 deg.25' N. lat., 170 deg.35' W. long.; Laysan
Island 25 deg.45' N. lat., 171 deg.45' W. long; Lisianski Island
26 deg.00' N. lat., 173 deg.55' W. long.; Pearl and Hermes Reef
27 deg.50' N. lat., 175 deg.50' W. long.; Midway Islands 28 deg.14' N.
lat., 177 deg.22' W. long.; and Kure Island 28 deg.25' N. lat.,
178 deg.20' W. long. The remainder of the VMS subarea is delimited by
parallel lines tangent to and connecting the 50-nm areas around the
following: from Nihoa Island to Necker Island; from French Frigate
Shoals to Gardner Pinnacles; from Gardner Pinnacles to Maro Reef; from
Laysan Island to Lisianski Island; and from Lisianski Island to Pearl
and Hermes Reef,
* * * * *
3. In Sec. 660.42, paragraphs (a)(9) and (b)(5) are revised to read
as follows:
Sec. 660.42 Prohibitions.
* * * * *
(a) * * *
(9) Possess on a fishing vessel that has a limited access permit
issued under this subpart any lobster trap in Crustaceans Permit Area 1
VMS Subarea when fishing for lobsters is prohibited as specified in
Secs. 660.45(a), 660.50, 660.51, and 660.52, except as allowed under
Sec. 660.48(a)(8).
* * * * *
(b) * * *
(5) Possess on a fishing vessel that has a permit for Permit Area 2
issued under this subpart any lobster trap in Permit Area 2 when
fishing for lobster in the main Hawaiian Islands is prohibited during
the months of May, June, July, and August.
4. In Sec. 660.45, paragraph (b) is revised to read as follows:
Sec. 660.45 Closed seasons.
* * * * *
(b) Lobster fishing is prohibited in Permit Area 2 during the
months of May, June, July, and August.
5. In Sec. 660.48, paragraph (a)(7) is revised, paragraph (a)(8) is
redesignated as (a)(9) and new paragraph (a)(8) is added to read as
follows:
Sec. 660.48 Gear restrictions.
(a) * * *
(7) A vessel whose owner has a limited access permit issued under
this subpart and has an operating VMS unit certified by the NMFS may
enter Crustaceans Permit Area 1 with lobster traps on board on or after
June 25, but must remain outside the Crustaceans Permit Area 1 VMS
Subarea until the NWHI lobster season opens on July 1.
[[Page 20541]]
(8) A vessel whose owner has a limited access permit issued under
this subpart and has an operating VMS unit certified by the NMFS may
transit the Crustaceans Permit Area 1, including the Crustaceans Permit
Area 1 VMS Subarea, with lobster traps on board for the purpose of
returning to port following the closure date, as specified in
Sec. 660.50, providing the vessel does not stop and is making steady
progress back to port as determined by NMFS.
* * * * *
6. In Sec. 660.50, paragraph (b)(2) is revised to read as follows:
Sec. 660.50 Harvest limitation program.
* * * * *
(b) * * *
(2) NMFS shall publish a document indicating the annual harvest
guideline in the Federal Register by February 28 of each year and shall
use other means to notify permit holders of the harvest guideline for
the year.
* * * * *
[FR Doc. 98-11017 Filed 4-24-98; 8:45]
BILLING CODE 3510-22-F
