[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Rules and Regulations]
[Pages 22810-22814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10635]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 981204297-9091-02; I.D. 110698B]
RIN 0648-AK21
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Bottomfish Fishery; Amendment 5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to implement Amendment 5 to the
Fishery Management Plan for Bottomfish and Seamount Groundfish
Fisheries of the Western Pacific Region (FMP). This rule implements a
permanent limited access program for the Mau Zone bottomfish fishery in
the Northwestern Hawaiian Islands (NWHI). The intent of this action is
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: Effective May 28, 1999.
ADDRESSES: Copies of Amendment 5 may be obtained from Kitty Simonds,
Executive Director, Western Pacific Fishery Management Council, 1164
Bishop St., Suite 1400, Honolulu, HI 96813. Comments on the
modifications to approved collection-of-information requirements should
be sent to the Pacific Island Area Office (PIAO), NMFS, 2570 Dole
Street, Honolulu, HI 96813 and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
D.C. 20503 (ATTN: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, Fishery Management
Specialist, PIAO, NMFS, at 808-973-2985 or Kitty Simonds at 808-522-
8220.
SUPPLEMENTARY INFORMATION: NMFS is issuing this rule to implement FMP
Amendment 5, as recommended by the Western Pacific Fishery Management
Council (Council) under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). This rule
implements a limited access program for the Mau Zone bottomfish fishery
in the NWHI. The Mau Zone is located north of Kauai between 161 deg.20'
W. and 165 deg.00' W. longitude in the U.S.
[[Page 22811]]
exclusive economic zone around the Hawaiian Islands. The amendment is
intended to prevent biological overfishing and improve poor economic
returns that are plaguing the open access bottomfish fishery in the Mau
Zone. The history of the Mau Zone bottomfish fishery, including the
establishment of a control date and a 2-year moratorium on issuance of
new Mau Zone open access permits, is summarized in the preamble to the
proposed rule (64 FR 823, January 6, 1999) and is not repeated here.
This rule: (1) restricts participation in the Mau Zone bottomfish
fishery to vessel owners who hold limited access permits; (2) adopts 10
as the long-term target number of vessels that would be allowed to fish
for bottomfish in the Mau Zone; (3) establishes qualifying criteria for
allocating initial Mau Zone limited access permits based on historic
participation in the fishery (December 17, 1991, control date) and
landing of bottomfish from the Mau Zone up to December 31, 1996; (4)
prohibits the transfer, lease, charter, or sale of permits to reduce
the number of vessels in the fishery to achieve the target number; (5)
provides that Mau Zone limited access permits issued to partnerships or
corporations will expire (and must surrendered to NMFS) upon a change
in more than 50 percent ownership in the vessel, partnership or
corporation; (6) limits the amount of time a permit holder may register
a limited access permit for use with a leased or chartered vessel; (7)
limits the length of replacement vessels to no longer than 60 ft (18.3
m); (8) requires 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) states
that the Council will undertake a 5-year comprehensive review of the
limited access program to determine its effectiveness in meeting the
objectives of the FMP; (10) requires the Council to develop criteria to
allow new entry into the Mau Zone when the number of permitted vessels
falls below 10; and (11) reserves 20 percent of the long-term target
number of limited access permits, i.e., two permits, for a Western
Pacific Community Development Program. The rule establishes a fee for
processing Mau Zone permits, specifies an appeals process for permit
actions, and prohibits the retention of incidentally caught bottomfish
in the Mau Zone without a limited access permit are described in
Amendment 5. Also, certain provisions governing the Ho'omalu Zone
bottomfish limited access program are revised for housekeeping purposes
only, such as moving the description of ``qualifying landing'' for
initial Ho'omalu Zone permit eligibility points and permit renewal from
the Definitions section (Sec. 660.12) of subpart B (Western Pacific
Fisheries - General) to subpart E (Bottomfish and Seamount Groundfish
Fisheries). Section 660.67(d)(3) of the current bottomfish regulations
that refer to 1985 and 1986 ``control dates'' for limiting access to
the fisheries off the NWHI, Guam, and American Samoa is removed since
it is unlikely that the Council and NMFS will use such old control
dates.
Comments and Response
NMFS received three comments from the public during the comment
period on the proposed rule which ended February 22, 1999.
Comment: Three commenters expressed their support for setting aside
two permits for a Western Pacific Community Development Program.
Response: NMFS agrees.
Changes to the Proposed Rule
Except for insertion of specific dates in Sec. 660.61(a)(3) and
(b)(3), no changes were made to the proposed rule. The regulatory text
of this final rule is the same as the regulatory text of the proposed
rule.
Classification
The Administrator, Southwest Region, NMFS, determined that FMP
Amendment 5 is necessary for the conservation and management of the
bottomfish and seamount groundfish fisheries of the Western Pacific
region 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 the
purposes of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule, if adopted as proposed, would not have a
significant economic impact on a substantial number of small entities.
No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not prepared.
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act (PRA). Notwithstanding any other
provision of the law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
control number. The collection of this information has been approved by
OMB, under OMB control number 0648-0204 for Federal fishing permits.
The public reporting burden for these requirements is estimated to
be 45 minutes for a Mau Zone limited access permit application, 2 hours
for a permit appeal submission, and 1 hour for permit renewal exemption
request per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
This rule also restates an information collection requirement already
approved by OMB under control number 0648-0204. An application for a
Ho'omalu Zone limited access permit is estimated to take 2 hours for an
initial application and 1 hour for an application for renewal. Send
comments regarding these burden estimates or any other aspect of the
data requirements, including suggestions for reducing the burden to
NMFS (see ADDRESSES) and to the Office of Information and Regulatory
Affairs, OMB, Washington, D.C. 20503 (ATTN: NOAA Desk Officer).
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 22, 1999.
Penelope D. Dalton,
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. Section 660.12 is amended by removing the definitions of
``Pacific Area Office,'' and ``Qualifying landing'', revising the
definition of ``Owner'' and adding a definition of ``Pacific Islands
Area Office'' to read as follows:
Sec. 660.12 Definitions.
* * * * *
Owner, as used in subparts C and D of this part and
Sec. 660.61(i)through (m),
[[Page 22812]]
means a person who is identified as the current owner of the vessel as
described in the Certificate of Documentation (Form CG-1270) issued by
the USCG for a documented vessel, or in a registration certificate
issued by a state, a territory, or the USCG for an undocumented vessel.
As used in subpart F of this part and Sec. 660.61(c) through (h), the
definition of ``owner'' in Sec. 600.10 of this chapter continues to
apply.
Pacific Islands Area Office means the Pacific Islands Area Office,
(PIAO) Southwest Region, NMFS, located in Honolulu, Hawaii. The address
and phone number may be obtained from the Regional Administrator, whose
address is in Table 1 to Sec. 600.502 of this chapter.
* * * * *
3. Section 660.13 is amended by revising paragraphs (f), (g), and
(i) to read as follows:
Sec. 660.13 Permits and fees.
* * * * *
(f) Fees. (1) PIAO will not charge a fee for a permit issued under
subpart D or F of this part, or for a Ho'omalu Zone limited access
permit issued under Sec. 660.61.
(2) PIAO will charge a fee for each application for a Hawaii
longline limited access permit (including permit transfers and permit
renewals) and Mau Zone limited access permit (including permit
renewals). The amount of the fee is calculated in accordance with the
procedures of the NOAA Finance Handbook, available from the Regional
Administrator, for determining the administrative costs of each special
product or service. The fee may not exceed such costs and is specified
with each application form. The appropriate fee must accompany each
application. Failure to pay the fee will preclude issuance of a Hawaii
longline or Mau Zone limited access permit.
(g) Expiration. (1) Permits issued under subparts C, D, and F of
this part are valid for the period specified on the permit unless
transferred, revoked, suspended, or modified under 15 CFR part 904.
(2) Permits issued under subpart E of this part expire at 2400
local time on December 31.
* * * * *
(i) Transfer. An application for a permit transfer under
Secs. 660.21(h), 660.41(e), or 660.61(e), or for registration of a
permit for use with a replacement vessel under Sec. 660.61(k), must be
submitted to the PIAO as described in paragraph (c) of this section.
* * * * *
4. Section 660.61 is revised to read as follows:
Sec. 660.61 Permits.
(a) Applicability. (1) The owner of any vessel used to fish for
bottomfish management unit species in the Northwestern Hawaiian Islands
Subarea must have a permit issued under this section and the permit
must be registered for use with the vessel.
(2) The PIAO will not register a single vessel for use with a
Ho'omalu Zone permit and a Mau Zone permit at the same time.
(3) Mau Zone permits issued before June 14, 1999 become invalid
June 14, 1999, except that a permit issued to a person who submitted a
timely application under paragraph (i) of this section is valid until
the permit holder either receives a Mau Zone limited entry permit or
until final agency action is taken on the permit holder's application.
The Ho'omalu Zone and the Mau Zone limited entry systems described in
this section are subject to abolition, modification, or additional
effort limitation programs.
(b) Submission. (1) An application for a permit required under this
section must be submitted to the PIAO as described in Sec. 660.13. (2)
Ho'omalu Zone limited access permit. In addition to an application
under Sec. 660.13(c), each applicant for a Ho'omalu Zone permit must
also submit a supplementary information sheet provided by the PIAO,
which must be signed by the vessel owner or a designee and include the
following information:
(i) The qualification criterion that the applicant believes he or
she meets for issuance of a limited access permit;
(ii) A copy of landings receipts or other documentation, with a
certification from a state or Federal agency that this information is
accurate, to demonstrate participation in the NWHI bottomfish fishery;
and
(iii) If the application is filed by a partnership or corporation,
the names of each of the individual partners or shareholders and their
respective percentages of ownership of the partnership or corporation.
(3) Mau Zone limited access permit. The PIAO will not accept
applications for a new Mau Zone permit after June 14, 1999. In addition
to an application under Sec. 660.13(c), each applicant for a Mau Zone
permit must also submit a supplementary information sheet provided by
the PIAO, which must be signed by the vessel owner or a designee and
include the following information:
(i) The qualification criterion that the applicant believes he or
she meets for issuance of a limited access permit;
(ii) Copy of State of Hawaii catch report(s) to demonstrate that
the permitted vessel had made qualifying landings of bottomfish from
the Mau Zone; and
(iii) If the application is filed by a partnership or corporation,
the names of each of the individual partners or shareholders and their
respective percentage of ownership of the partnership or corporation.
(c) Sale or transfer of Ho'omalu limited access permits to new
vessel owners. (1) A Ho'omalu zone permit may not be sold or otherwise
transferred to a new owner.
(2) A Ho'omalu zone permit or permits may be held by a partnership
or corporation. If 50 percent or more of the ownership of the vessel
passes to persons other than those listed in the original application,
the permit will lapse and must be surrendered to the Regional
Administrator.
(d) Transfer of Ho'omalu Zone limited access permits to replacement
vessels. (1) Upon application by the owner of a permitted vessel, the
Regional Administrator will transfer that owner's permit to a
replacement vessel owned by that owner, provided that the replacement
vessel does not exceed 60 ft (18.3 m) in length. The replacement vessel
must be put into service no later than 12 months after the owner
applies for the transfer, or the transfer shall be void.
(2) An owner of a permitted vessel may apply to the Regional
Administrator for transfer of that owner's permit to a replacement
vessel greater than 60 ft (18.3 m) in length. The Regional
Administrator may transfer the permit upon determining, after
consultation with the Council and considering the objectives of the
limited access program, that the replacement vessel has catching power
that is comparable to the rest of the vessels holding permits for the
fishery, or has catching power that does not exceed that of the
original vessel, and that the transfer is not inconsistent with the
objectives of the program. The Regional Administrator shall consider
vessel length, range, hold capacity, gear limitations, and other
appropriate factors in making determinations of catching power
equivalency and comparability of the catching power of vessels in the
fishery.
(e) Ho'omalu Zone limited access permit renewal. (1) A qualifying
landing for Ho'omalu Zone permit renewal is a landing of at least 2,500
lb (1,134 kg) of bottomfish management unit species from the Ho'omalu
Zone or a landing of at least 2,500 lb (1,134 kg) of fish from the
Ho'omalu Zone, of which at least 50
[[Page 22813]]
percent by weight was bottomfish management unit species. A permit is
eligible for renewal for the next calendar year if the vessel covered
by the permit made three or more qualifying landings during the current
calendar year.
(2) The owner of a permitted vessel that did not make three or more
qualifying landings of bottomfish in a year may apply to the Regional
Administrator for waiver of the landing requirement. If the Regional
Administrator finds that failure to make three landings was due to
circumstances beyond the owner's control, the Regional Administrator
may renew the permit. A waiver may not be granted if the failure to
make three landings was due to general economic conditions or market
conditions, such that the vessel operations would not be profitable.
(f) Issuance of new Ho'omalu Zone limited access permits. The
Regional Administrator may issue new Ho'omalu Zone limited access
permits under Sec. 660.13 if the Regional Administrator determines, in
consultation with the Council, that bottomfish stocks in the Ho'omalu
Zone are able to support additional fishing effort.
(g) Eligibility for new Ho'omalu Zone limited access permits. When
the Regional Administrator has determined that new permits may be
issued, they shall be issued to applicants based upon eligibility,
determined as follows:
(1) Point system. (i) Two points will be assigned for each year in
which the applicant was owner or captain of a vessel that made three or
more of any of the following types of landings in the NWHI:
(A) Any amount of bottomfish management unit species, regardless of
weight, if made on or before August 7, 1985;
(B) At least 2,500 lb (1,134 kg) of bottomfish management unit
species, if made after August 7, 1985; or
(C) At least 2,500 lb (1,134 kg) of any fish lawfully harvested
from the NWHI, of which at least 50 percent by weight was bottomfish,
if made after August 7, 1985.
(ii) One point will be assigned for each year in which the
applicant was owner or captain of a vessel that landed at least 6,000
lb (2,722 kg) of bottomfish from the main Hawaiian Islands.
(iii) For any one year, points will be assigned under either
paragraph (g)(1)(i) or (g)(1)(ii) of this section, but not under both
paragraphs.
(iv) Before the Regional Administrator issues an Ho'omalu zone
permit to fish for bottomfish under this section, the primary operator
and relief operator named on the application form must have completed a
protected species workshop conducted by NMFS.
(2) Restrictions. An applicant must own at least a 25-percent share
in the vessel that the permit would cover, and only one permit will be
assigned to any vessel.
(3) Order of issuance. New permits shall be awarded to applicants
in descending order, starting with the applicant with the largest
number of points. If two or more persons have an equal number of
points, and there are insufficient new permits for all such applicants,
the new permits shall be awarded by the Regional Administrator through
a lottery.
(4) Notification. The Regional Administrator shall place a notice
in the Federal Register and shall use other means to notify prospective
applicants of the opportunity to file applications for new permits
under this program.
(h) Eligibility for new Mau Zone limited access permits (1) The
PIAO will issue an initial Mau Zone permit to a vessel owner who
qualifies for at least three points under the following point system:
(i) An owner who held a Mau Zone permit on or before December 17,
1991, and whose permitted vessel made at least one qualifying landing
of bottomfish management unit species on or before December 17, 1991,
shall be assigned 1.5 points.
(ii) An owner whose permitted vessel made at least one qualifying
landing of bottomfish management unit species during 1991, shall be
assigned 0.5 point.
(iii) An owner whose permitted vessel made at least one qualifying
landing of bottomfish management unit species during 1992, shall be
assigned 1.0 point.
(iv) An owner whose permitted vessel made at least one qualifying
landing of bottomfish management unit species during 1993, shall be
assigned 1.5 points.
(v) An owner whose permitted vessel made at least one qualifying
landing of bottomfish management unit species during 1994, shall be
assigned 2.0 points.
(vi) An owner whose permitted vessel made at least one qualifying
landing of bottomfish management unit species during 1995, shall be
assigned 2.5 points.
(vii) An owner whose permitted vessel made at least one qualifying
landing of bottomfish management unit species during 1996, shall be
assigned 3.0 points.
(viii) Before the PIAO issues a Mau Zone permit to fish for
bottomfish under this section, the primary operator and relief operator
named on the application form must have completed a protected species
workshop conducted by NMFS.
(2) For purposes of this paragraph Sec. 660.61(h), a ``qualifying
landing'' means any amount of bottomfish management unit species
lawfully harvested from the Mau Zone and offloaded for sale. No points
shall be assigned to an owner for any qualifying landings reported to
the State of Hawaii more than 1 year after the landing.
(3) More than one Mau Zone permit may be issued to an owner of two
or more vessels, provided each of the owner's vessels for which a
permit will be registered for use has made the required qualifying
landings for the owner to be assigned at least three eligibility
points.
(4) A Mau Zone permit holder who does not own a vessel at the time
initial permits are issued must register the permit for use with a
vessel owned by the permit holder within 12 months from the date the
permit was issued. In the interim, the permit holder may register the
permit for use with a leased or chartered vessel. If within 12 months
of initial permit issuance, the permit holder fails to apply to the
PIAO to register the permit for use with a vessel owned by the permit
holder, then the permit expires.
(5) For each of paragraphs (h)(1)(i) through (h)(1)(viii) of this
section, the PIAO shall assign points based on the landings of one
permitted vessel to only one owner if the vessel did not have multiple
owners during the time frame covered by the subordinate paragraphs. If
a vessel had multiple owners during a time frame covered by any of
paragraphs (h)(1)(i) through (h)(1)(viii) of this section (including
joint owners, partners, or shareholders of a corporate owner), the PIAO
will assign the points for that subordinate paragraph to a single owner
if only one owner submits an application with respect to the landings
of that vessel during that time frame. If multiple owners submit
separate applications with respect to the same landings of the same
vessel during the same time frame, then the PIAO shall:
(i) Adhere to any written agreement between the applicants with
respect to who among them shall be assigned the aggregate point(s)
generated by landings during such time frame(s), or
(ii) If there is no agreement:
(A) Shall issue the applicants a joint permit provided the vessel's
landings during such time frames generated at least three points, or
(B) In the event the vessel's landings during such time frame(s)
generated less than three points, shall not assign any
[[Page 22814]]
points generated by the vessel's landings during such time frame(s).
(i) Ownership requirements and registration of Mau Zone limited
access permits for use with other vessels. (1) A Mau Zone permit may be
held by an individual, partnership, or corporation. No more than 49
percent of the underlying ownership interest in a Mau Zone permit may
be sold, leased, chartered, or otherwise transferred to another person
or entity. If more than 49 percent of the underlying ownership of the
permit passes to persons or entities other than those listed in the
original permit application supplemental information sheet, then the
permit expires and must be surrendered to the PIAO.
(2) A Mau Zone permit holder may apply under Sec. 660.13 to the
PIAO to register the permit for use with another vessel if that vessel
is owned by the permit holder, and is no longer than 60 ft (18.3 m).
(3) If a Mau Zone permit holder sells the vessel, for which the
permit is registered for use, the permit holder must within 12 months
of the date of sale apply to the PIAO to register the permit for use
with a vessel owned by the permit holder. If the permit holder has not
applied to register a replacement vessel within 12 months, then the
permit expires.
(4) If a permitted vessel owned by the permit holder is sold or
becomes unseaworthy, the Mau Zone permit with which the vessel was
registered may be registered for use with a leased or chartered vessel
for a period not to exceed 12 months from the date of registration of
the leased or chartered vessel. If by the end of that 12-month period
the permit holder fails to apply to the PIAO to register the permit for
use with a vessel owned by the permit holder, then the permit expires.
(j) Mau Zone limited access permit renewal. (1) A Mau Zone permit
will be eligible for renewal if the vessel for which the permit is
registered for use made at least five separate fishing trips with
landings of at least 500 lb (227 kg) of bottomfish management unit
species per trip during the calender year. Only one landing of
bottomfish management unit species per fishing trip to the Mau Zone
will be counted toward the landing requirement.
(2) If the vessel for which the permit is registered for use fails
to meet the landing requirement of paragraph (j)(1) of this section,
the owner may apply to the Regional Administrator for a waiver of the
landing requirement. Grounds for a waiver are limited to captain
incapacitation, vessel breakdowns, and the loss of the vessel at sea if
the event prevented the vessel from meeting the landing requirement.
Unprofitability is not sufficient for waiver of the landing
requirement.
(3) Failure of the permit holder to register a vessel for use under
the permit does not exempt a permit holder from the requirements
specified in this paragraph.
(k) Appeals of permit actions. (1) Except as provided in subpart D
of 15 CFR part 904, any applicant for a permit or a permit holder may
appeal the granting, denial, or revocation of his or her permit to the
Regional Administrator.
(2) In order to be considered by the Regional Administrator, such
appeal must be in writing, must state the action appealed, and the
reasons therefore, and must be submitted within 30 days of the appealed
action. The appellant may request an informal hearing on the appeal.
(3) The Regional Administrator, in consultation with the Council,
will decide the appeal in accordance with the FMP and implementing
regulations and based upon information relative to the application on
file at NMFS and the Council, the summary record kept of any hearing,
the hearing officer's recommended decision, if any, and any other
relevant information.
(4) If a hearing is requested, or if the Regional Administrator
determines that one is appropriate, the Regional Administrator may
grant an informal hearing before a hearing officer designated for that
purpose. The applicant or permit holder may appear personally or be
represented by counsel at the hearing and submit information and
present arguments as determined appropriate by the hearing officer.
Within 30 days of the last day of the hearing, the hearing officer
shall recommend in writing a decision to the Regional Administrator.
(5) The Regional Administrator may adopt the hearing officer's
recommended decision, in whole or in part, or may reject or modify it.
The Regional Administrator's decision on the application is the final
administrative decision of the Department of Commerce, and is effective
on the date the Administrator signs the decision.
5. Section 660.62 is amended by revising paragraph (b), removing
paragraph (c), and redesignating paragraphs (d) through (f) as
paragraphs (c) through (e), respectively, to read as follows:
Sec. 660.62 Prohibitions.
* * * * *
(b) Fish for, or retain on board a vessel, bottomfish management
unit species in the Ho'omalu Zone or Mau Zone without the appropriate
permit, registered for use with that vessel, issued under Sec. 660.13.
* * * * *
6. Section 660.67 is amended by removing paragraph (d)(3) and
adding new paragraph (e) to read as follows:
Sec. 660.67 Framework for regulatory adjustments.
* * * * *
(e) Five-year review. The Council will conduct a comprehensive
review on the effectiveness of the Mau Zone limited access program 5
years following implementation of the program. The Council will
consider the extent to which the FMP objectives have been met and
verify that the target number of vessels established for the fishery is
appropriate for current fishing activity levels, catch rates, and
biological condition of the stocks. The Council may establish a new
target number based on the 5-year review.
[FR Doc. 99-10635 Filed 4-27-99; 8:45 am]
BILLING CODE 3510-22-F
