96-8767. Western Pacific Crustacean Fisheries; Amendment 9  

  • [Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
    [Proposed Rules]
    [Pages 15452-15457]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-8767]
    
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 681
    
    [Docket No. 960401094-6094-01; I.D. 022296D]
    RIN 0648-AI32
    
    
    Western Pacific Crustacean Fisheries; Amendment 9
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Proposed rule; request for comments.
    
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    SUMMARY: NMFS issues a proposed rule to implement Amendment 9 to the 
    Fishery Management Plan for the Crustacean Fisheries of the Western 
    Pacific Region (FMP). The rule would establish a new annual harvest 
    limitation program for the Northwestern Hawaiian Islands (NWHI) lobster 
    fishery based on the status of stocks and an explicit level of risk of 
    overfishing. This would eliminate operational problems with the current 
    quota system. Current prohibitions on retaining juvenile lobsters and 
    berried lobsters would be eliminated. The rule would establish 
    framework procedures to implement regulatory changes if needed in the 
    future. The rule is intended to maintain the productivity of the stocks 
    while providing a reasonable opportunity for permit holders to 
    participate in the fishery and to maintain their markets. The changes 
    also would improve the
    
    [[Page 15453]]
    administration of the management program and improve enforcement 
    efforts.
    
    DATES: Written comments must be received by May 23, 1996.
    
    ADDRESSES: Copies of Amendment 9 and the associated environmental 
    assessment and Regulatory Impact Review/Initial Regulatory Flexibility 
    Analysis (IRFA) may be obtained from Kitty M. Simonds, Executive 
    Director, Western Pacific Fishery Management Council (Council), 1164 
    Bishop St., Suite 1405, Honolulu, HI 96813.
        Comments on the proposed rule should be sent to Hilda Diaz- 
    Soltero, Director, Southwest Region, NMFS (Regional Director), 501 West 
    Ocean Boulevard, Suite 4200, Long Beach, CA 90802. Send comments on the 
    modifications to approved collection-of-information requirements to the 
    Regional Director and to the Office of Information and Regulatory 
    Affairs, Office of Management and Budget, ATTN: Paperwork Reduction 
    Project 0648-0204 and 0648-0214, Washington, D.C. 20503.
    
    FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds at (808) 522-8220; 
    Svein Fougner at (310) 980-4034; or Alvin Z. Katekaru at (808) 973-
    2985.
    
    SUPPLEMENTARY INFORMATION: The FMP was originally approved in 1983 and 
    governs fishing for spiny and slipper lobster in the NWHI. The FMP 
    originally included a variety of measures that have traditionally been 
    used in crustacean fisheries, including size limits, a ban on retention 
    of berried female lobsters, area closures, and escape vents for 
    sublegal lobsters. At that time, the stock was estimated to be able to 
    support a fishery of one million or more lobsters per year.
        The FMP has been amended eight times as more information has become 
    available and problems in the fishery have been identified. In 1992, 
    through Amendment 7, an annual quota, closed season, and limited entry 
    program were established (57 FR 10437, March 26, 1992) in response to a 
    dramatic decline in lobster landings and catch-per-unit effort (CPUE) 
    from 1990 through 1991. The annual quota is derived by a formula that 
    reflects a ``constant escapement'' management goal; that is, the 
    harvest is limited to the surplus above a given ``optimum'' biomass of 
    about 1.4 million lobsters. Amendment 8 to the FMP, which NMFS approved 
    in 1994, eliminated a landing requirement for permit renewal and 
    modified notification and reporting procedures (Final rule, 59 FR 
    56004, November 10, 1994).
        Amendment 9 is the result of a comprehensive review by NMFS of the 
    quota-setting procedure established under Amendment 7. The review was 
    prompted by the difficulties in implementing the current annual quota 
    process and because information suggests that the overall productivity 
    of lobster stocks might be significantly lower than estimated in the 
    late 1970s and early 1980s. There appear to have been major 
    environmental shifts that have reduced overall marine resource 
    productivity in the NWHI, as declines similar to that seen in lobster 
    stocks are seen in sea bird populations as well as in Hawaiian monk 
    seals. Fishing mortality also is believed to have impacted lobster 
    productivity.
        Scientists from the NMFS Honolulu Laboratory, Southwest Fisheries 
    Science Center, thoroughly reviewed the lobster stock model and 
    analyzed three alternative harvest policies for establishing an annual 
    quota or harvest guideline: Constant escapement, constant catch, and 
    constant harvest rate. Details of this analysis are contained in 
    Appendix 4 of Amendment 9.
        On August 9, 1995, the Council approved Amendment 9, which was 
    received by NMFS on February 21, 1996. NMFS will approve, disapprove, 
    or partially disapprove Amendment 9 by May 24, 1996. See the Notice of 
    Availability published on February 22, 1996 (61 FR 7771). Amendment 9 
    includes the following measures:
        1. Establish an annual harvest guideline based on a constant 
    harvest rate and a specific level of risk of overfishing. Under the 
    constant harvest rate policy, the harvest guideline, which is expressed 
    in terms of the total number of lobsters (spiny and slipper combined), 
    would be proportional to the estimated exploitable population size. 
    Harvest guidelines would be raised or lowered as the stock increased or 
    decreased, capitalizing on strong years and offering greater protection 
    during less productive periods. Under the proposed alternative, the 
    projected average catch would be 288,000 lobsters with a CPUE of 1.2 
    lobsters (total) and an average Spawning Potential Ratio (SPR) of 0.5 
    (the overfishing level is 0.20 SPR).
        The Council initially voted on a range of acceptable risk levels of 
    overfishing (7.5-10.0 percent) on which to base the annual harvest 
    guideline. The Council subsequently clarified its position (via fax on 
    November 2, 1995) and selected 10 percent as the risk level to be 
    applied by the Regional Director to determine the annual harvest 
    guideline. The Council believes that this is consistent with its 
    Scientific and Statistical Committee's (SSC) view that, with the 
    conservative nature of the harvest guideline and stock model, a 10 
    percent level of risk of dropping below the 0.2 SPR threshold for 
    overfishing in any given year is biologically acceptable. The Council 
    and its SSC believe this presents an extremely low risk of overfishing 
    the NWHI lobster stocks. Accordingly, the Council has concluded that 
    the constant harvest rate strategy is risk averse, which is consistent 
    with the prevention of overfishing as mandated by the Magnuson Fishery 
    Conservation and Management Act (Magnuson Act).
        The harvest guideline would be determined by the Regional Director. 
    The harvest guideline would be published in the Federal Register no 
    later than March 31 each year, and the Regional Director would directly 
    notify each permit holder of the harvest guideline by mail or by phone. 
    The harvest guideline would be used as an objective, but the Regional 
    Director would be expected to close the fishery as close as practicable 
    to the date on which the harvest guideline is projected to be reached 
    based on a continuing review of catch and effort data provided by 
    permit holders.
        2. Allow the retention of egg-bearing (``berried'') female lobsters 
    and eliminate size limits. The FMP and implementing regulations 
    prohibit fishers from retaining berried lobsters or lobsters with a 
    tail width of less than 50 mm. While definitive data are not available, 
    there is good reason to believe that the mortality of small and berried 
    lobsters that are caught and released is very high. The lobsters share 
    the NWHI with large and relatively lightly fished stocks of predators 
    including snappers, jacks, and octopus. The NMFS Honolulu laboratory 
    has documented on videotape predation on released lobsters from a 
    research vessel. Common fishing practices result in lobsters being out 
    of the water for periods of 30 minutes or more. Lobsters may die from 
    exposure on a vessel, may be injured in handling and not be able to 
    recover after release, or may suffer mortality from predation upon 
    release. The members of the SSC agreed that mortality is probably high, 
    and concluded that a 75 percent mortality rate was appropriate for 
    modeling the effects of incidental mortality under different management 
    strategies and risk levels. The SSC noted that the retention of all 
    lobsters was beneficial when the mortality rate was higher than 25 
    percent.
        The Council discussed the issues and concluded it would like to 
    minimize the waste associated with handling and release mortality by 
    eliminating the
    
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    prohibitions on retention of small or berried lobsters. Therefore, 
    Amendment 9 would allow, but not require, retention of small and 
    berried lobsters. The existing escape vent requirement would remain in 
    place to minimize the harvest of immature lobsters in the fishery.
        The Council believes that the potential for highgrading (i.e., the 
    retention of only more valuable lobsters in the total catch) is low 
    when there are two or more permit holders competing for the harvest 
    guideline. Since this is a derby fishery, in which the permit holders 
    fish as quickly as possible without trip or vessel limits, a permit 
    holder who chooses not to retain all of the catch provides a greater 
    opportunity for competitors to increase their portion of a fixed 
    harvest limit. Since NMFS expects that few (if any) vessels will carry 
    observers, estimates of highgrading will be made using catch and effort 
    data. If these data indicate that juvenile or berried lobsters are not 
    being landed (but instead being discarded), NMFS will account for such 
    discards in calculating the subsequent year's harvest guideline. 
    Therefore, highgrading would result in a decrease in the following 
    year's harvest guideline.
        NMFS recognizes that the retain-all strategy is a new approach to 
    the management of lobster. Success of this approach depends on the 
    actual mortality of discarded lobsters and how well uncertainties about 
    the actual mortality are taken into account. Likewise, if significant 
    highgrading occurs, the benefits gained from a retain-all approach 
    could be substantially reduced. In view of these uncertainties, NMFS 
    specifically requests comments on the proposed elimination of the size 
    limits and of the prohibition on retaining berried females. NMFS also 
    specifically requests comments on the potential for, and possible 
    problems resulting if, there is significant highgrading.
        3. Eliminate the in-season quota adjustment. Under the current 
    system, NMFS announces an initial quota in February and announces a 
    final quota as soon as practicable after the first month of fishing. 
    The in-season quota adjustment has proven to be unworkable, given the 
    extreme sensitivity of the quota formula to changes in CPUE. For 
    example, in 1994, the initial quota was 200,000 lobsters, but after 
    applying the CPUE from the first month of fishing to the formula in the 
    FMP, NMFS calculated the final quota to be only 20,000 lobsters. The 
    fishery was closed by emergency action because the actual catch had 
    already exceeded the final quota by the time the final quota was 
    determined. The formula used to derive the initial quota reduces 
    variability through the use of a long time-series of data; however, 
    using data from the first month of fishing to derive the final quota 
    reintroduces variability. Under Amendment 9, the harvest guideline 
    would be set once annually and not be adjusted during the year.
        4. Authorize the Regional Director to close the fishery. The 
    regulations do not now authorize closure of the fishery by direct 
    notice to the permit holders. Therefore, there can be considerable 
    delay between determination of the likely date the fishery would be 
    expected to reach its harvest limit and the actual publication of a 
    document in the Federal Register. The Council concluded that the 
    fishery is sufficiently small (there are only 15 persons with limited 
    entry permits) that direct notice to permit holders by telephone or 
    radio would be feasible and would provide the most effective means of 
    ensuring timely closure of the fishery with minimal likelihood of 
    premature or late closure.
        5. Establish broad framework procedures for future regulatory 
    changes. The FMP currently has framework procedures dealing with 
    protected species conservation, and the annual harvest guideline is set 
    under a specific framework (i.e., formula). The Council concluded that 
    flexibility to consider future changes in management measures under 
    broad framework procedures would be advantageous, rather than relying 
    on the lengthy procedures of the FMP amendment process. In the 
    Council's view, the new framework procedures of Amendment 9 would 
    provide a mechanism for more rapid response to new information than 
    would the FMP amendment process.
        6. Conduct a 5-year review of the new program. The Council is aware 
    that the proposed new management approach of Amendment 9 would be a 
    unique approach for crustacean fishery management and warrants a 
    complete review of effectiveness. There would be an annual stock 
    assessment and annual report on the fishery, but the overall management 
    program should be evaluated to determine how the stocks and the permit 
    holders have been affected. Therefore, Amendment 9 would commit the 
    Council to a full review of the program in 5 years.
        This proposed rule would eliminate the requirement that fishers 
    notify NMFS in advance of plans to embark on each fishing trip, so that 
    NMFS may place observers on the fishing vessel. Although the single 
    vessel fishing in 1994 under an Experimental Fishing Permit carried a 
    NMFS observer, NMFS lacks the resources to send observers on lobster 
    trips on a regular basis. Therefore, NMFS proposes to relieve fishermen 
    of the burden of reporting each trip in advance. This proposal accords 
    with President Clinton's directive that agencies reduce public 
    reporting requirements.
        No substantive changes were made in the proposed regulations as 
    submitted by the Council. The proposed rule includes some technical 
    changes to the current regulations. These include changes in the 
    definitions for clarity, eliminating the permit renewal process as 
    permits would not have a fixed expiration date, authorizing any NMFS 
    employee designated by the Regional Director to access sales data, and 
    removing gender specific language.
    
    Classification
    
        Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
    regulations proposed by a Council within 15 days of receipt of the 
    amendment and regulations. At this time, NMFS has not determined that 
    Amendment 9 is consistent with the national standards, other provisions 
    of the Magnuson Act, and other applicable law. In making that 
    determination, NMFS will take into account the data, views, and 
    comments received during the comment period.
        This proposed rule has been determined to be not significant for 
    purposes of E.O. 12866.
        The Council prepared an IRFA as part of the regulatory impact 
    review, which describes the impact this proposed rule would have on 
    small entities, if adopted. To the extent there are impacts, they are 
    expected to be beneficial. Under the proposed harvest guideline, there 
    will likely be fewer years in which the fishery is closed. The proposed 
    harvest strategy would eliminate the prohibitions on retaining small or 
    berried lobsters. The increased harvest guideline and reduction in 
    costs may result in a substantial increase of gross annual revenues. 
    All vessels in this fishery (15 vessels have permits) are considered 
    small entities. No new reporting, recordkeeping, or compliance 
    requirements would be imposed by this rule. No Federal rules are known 
    to duplicate, overlap, or conflict with this rule. The reasons for, 
    objectives of, and legal basis for this rule are described elsewhere in 
    this preamble. Multiple alternatives are analyzed in the IRFA. A copy 
    of the IRFA is available from, and public comments on the IRFA may be 
    sent to, the Council (see ADDRESSES).
    
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        Notwithstanding any other provision of law, no person is required 
    to respond to nor shall a person be subject to a penalty for failure to 
    comply with a collection-of-information subject to the requirements of 
    the Paperwork Reduction Act unless that collection of information 
    displays a currently valid OMB Control Number.
        This rule includes a reduction in collection-of-information 
    requirements subject to the Paperwork Reduction Act. The current rule, 
    which was approved by the Office of Management and Budget (OMB) under 
    OMB Control No. 0648-0204, requires that permits be renewed annually. 
    Under the proposed rule, permits would be effective until modified, 
    suspended, or revoked. It would be the responsibility of the permit 
    holder to advise NMFS of any changes in permit information such as 
    change of ownership or the vessel covered by the permit. The estimated 
    burden would decrease from one-half hour per year to one-half hour per 
    3 years. Vessel owners also would no longer be required to notify NMFS 
    prior to departing on each fishing trip, a requirement approved by OMB 
    under OMB Control No. 0648-0214. This would reduce the estimated burden 
    by 5 minutes per vessel per trip, or up to 30 minutes per year. The 
    total burden is estimated to decrease by about 10 hours per year. A 
    request for approval of this modification is being submitted to OMB for 
    approval. Send comments regarding these burden estimates or any other 
    aspect of these collection-of-information requirements, including 
    suggestions for reducing the burden, to the Regional Director and to 
    OMB (see ADDRESSES).
        The Southwest Region, NMFS, has initiated formal consultation under 
    section 7 of the Endangered Species Act to consider the possible 
    impacts of the fishery, as it would operate under the proposed rule, on 
    Hawaiian monk seals and other listed species and listed critical 
    habitat. The results of the consultation will be considered in 
    determining whether to approve the proposed amendment.
    
    List of Subjects in 50 CFR Part 681
    
        Fisheries, Reporting and recordkeeping requirements.
    
        Dated: April 4, 1996.
    Gary Matlock,
    Program Management Officer, National Marine Fisheries Service.
        For the reasons set out in the preamble, 50 CFR part 681 is 
    proposed to be amended as follows:
    
    PART 681--WESTERN PACIFIC CRUSTACEAN FISHERIES
    
        1. The authority citation for part 681 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 1801 et seq.
    
        2. In Sec. 681.2, the definitions of ``Carapace length'', ``Final 
    quota'', ``Initial quota'', ``Processing'', ``Processor'', ``Receiving 
    Vessel'', ``Tail width of slipper lobster'', ``Tail width of spiny 
    lobster'', and ``U.S.-harvested lobster'' are removed; the definition 
    of ``Harvest guideline'' is added in alphabetical order, and the 
    definition of ``Slipper lobster'' is revised to read as follows:
    
    
    Sec. 681.2  Definitions.
    
    * * * * *
        Harvest guideline means a specified numerical harvest objective.
    * * * * *
        Slipper lobster means any crustacean of the family Scyllaridae.
    * * * * *
        3. In Sec. 681.4, paragraphs (b)(2), (d), and (f) are revised, 
    paragraph (g) is removed, paragraphs (h) through (l) are redesignated 
    as paragraphs (g) through (k) respectively, to read as follows:
    
    
    Sec. 681.4  Permits.
    
    * * * * *
        (b) * * *
        (2) Each application must be submitted on a Southwest Region 
    Federal Fisheries application form obtained from the Pacific Area 
    Office containing all the necessary information, attachments, 
    certification, signature, and fees.
    * * * * *
        (d) Change in application information. Any change in information on 
    the permit application form submitted under paragraph (b)(2) of this 
    section must be reported to the Pacific Area Office at least 10 days 
    before the effective date of the change. Failure to report such change 
    is a basis for permit sanctions.
    * * * * *
        (f) Expiration. Permits issued under this section will remain valid 
    indefinitely unless transferred, revoked, suspended, or modified under 
    15 CFR part 904.
    * * * * *
        4. In Sec. 681.5, paragraphs (b) and (d) are removed, paragraphs 
    (c) and (e) are redesignated as paragraphs (b) and (c) respectively, 
    and paragraph (a) and newly redesignated (b) are revised to read as 
    follows:
    
    
    Sec. 681.5  Recordkeeping and reporting.
    
        (a) Daily Lobster Catch Report. The operator of any vessel engaged 
    in commercial fishing for lobster subject to this part must maintain on 
    board the fishing vessel, while fishing for lobster, an accurate and 
    complete NMFS Daily Lobster Catch Report on a form provided by the 
    Regional Director. All information specified on the form, which has 
    been approved under the Paperwork Reduction Act, must be recorded on 
    the form within 24 hours after the completion of the fishing day. The 
    Daily Lobster Catch Reports for a fishing trip must be submitted to the 
    Regional Director within 72 hours of each landing of lobsters.
        (b) Lobster Sales Report. The operator of any vessel engaged in 
    commercial fishing for lobster subject to this part must submit to the 
    Regional Director, within 72 hours of off-loading of lobster, an 
    accurate and complete Lobster Sales Report on a form provided by the 
    Regional Director, and attach packing or weigh-out slips provided to 
    the operator by the first-level buyer(s), unless the packing/weigh-out 
    slips have not been provided in time by the buyer(s). The form, which 
    has been approved under the Paperwork Reduction Act, must be signed and 
    dated by the vessel operator.
    * * * * *
        5. In Sec. 681.7, paragraphs (a)(5), (b)(2) through (b)(4) are 
    removed, paragraphs (b)(5) through (b)(14) are redesignated as 
    paragraphs (b)(2) through (b)(11) respectively, and paragraph (b)(1)(i) 
    through (b)(1)(v), newly redesignated paragraphs (b)(6), (b)(7), 
    (b)(9), and (b)(11) are revised to read as follows:
    
    
    Sec. 681.7  Prohibitions.
    
    * * * * *
        (b) * * *
        (1) * * *
        (i) Without a limited access permit issued under Sec. 681.28;
        (ii) By methods other than lobster traps or by hand for lobsters, 
    as specified in Sec. 681.22;
        (iii) From closed areas for lobsters, as specified in Sec. 681.21;
        (iv) During a closed season, as specified in Sec. 681.27; or
        (v) After the date announced by the Regional Director, as specified 
    in Sec. 681.29(b)(3), and until the fishery opens again in the 
    following calendar year.
    * * * * *
        (6) Leave a trap unattended in the Management Area except as 
    provided in Sec. 681.22(f).
        (7) Maintain on board the vessel or in the water, more than 1200 
    traps per fishing vessel, of which no more than
    
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    1100 can be assembled traps, as specified in Sec. 681.22(e).
    * * * * *
        (9) Land lobsters taken in Permit Area 1 after the closure date 
    announced by the Regional Director, as specified in Sec. 681.29 (b)(3), 
    until the fishery opens again the following year.
    * * * * *
        (11) Refuse to make available to an authorized officer and employee 
    of NMFS designated by the Regional Director for inspection and copying 
    any records that must be made available in accordance with 
    Sec. 681.11(a).
    * * * * *
        6. Section 681.10 is revised to read as follows:
    
    
    Sec. 681.10  Observers.
    
        All fishing vessels subject to this part must carry an observer 
    when requested to do so by the Regional Director.
        7. In Sec. 681.11, paragraph (a) introductory text is revised to 
    read as follows:
    
    
    Sec. 681.11  Availability of records for inspection.
    
        (a) Upon request, any first-level buyer must immediately allow an 
    authorized officer and any employee of NMFS designated by the Regional 
    Director, to access, inspect, and copy all records relating to the 
    harvest, sale, or transfer of management unit species taken by vessels 
    that have permits issued under this part or that are otherwise subject 
    to this part, including, but not limited to information concerning:
    * * * * *
        8. Section 681.12 is added to subpart A to read as follows:
    
    
    Sec. 681.12  Framework procedures.
    
        (a) Introduction. New management measures may be added through 
    rulemaking if new information demonstrates that there are biological, 
    social, or economic concerns in Permit Areas 1, 2, or 3. The following 
    framework process authorizes the implementation of measures that may 
    affect the operation of the fisheries, gear, harvest guidelines, or 
    changes in catch and/or effort.
        (b) Annual report. By June 30 of each year, the Council-appointed 
    Crustaceans Plan Team will prepare an annual report on the fisheries in 
    the management area. The report shall contain, among other things, 
    recommendations for Council action and an assessment of the urgency and 
    effects of such action(s).
        (c) Procedure for established measures. (1) Established measures 
    are management measures that, at some time, have been included in 
    regulations implementing the FMP, and for which the impacts have been 
    evaluated in Council/NMFS documents in the context of current 
    conditions.
        (2) Following the framework procedures of Amendment 9 to the FMP, 
    the Council may recommend to the Regional Director that established 
    measures be modified, removed, or re-instituted. Such recommendation 
    shall include supporting rationale and analysis, and shall be made 
    after advance public notice, public discussion, and consideration of 
    public comment. NMFS may implement the Council's recommendation by 
    rulemaking if approved by the Regional Director.
        (d) Procedure for New Measures. (1) New measures are management 
    measures that have not been included in regulations implementing the 
    FMP, or for which the impacts have not been evaluated in Council/NMFS 
    documents in the context of current conditions.
        (2) Following the framework procedures of Amendment 9 to the FMP, 
    the Council will publicize, including by Federal Register notice, and 
    solicit public comment on, any proposed new management measure. After a 
    Council meeting at which the measure is discussed, the Council will 
    consider recommendations and prepare a Federal Register notice 
    summarizing the Council's deliberations, rationale, and analysis for 
    the preferred action, and the time and place for any subsequent Council 
    meeting(s) to consider the new measure. At subsequent public 
    meeting(s), the Council will consider public comments and other 
    information received to make a recommendation to the Regional Director 
    about any new measure. NMFS may implement the Council's recommendation 
    by rulemaking if approved by the Regional Director.
        9. In Subpart B, Secs. 681.21 and 681.22 are removed and 
    Secs. 681.23 through 681.32 are redesignated as Secs. 681.21 through 
    681.30, respectively.
        10. In newly redesignated Sec. 681.25, in paragraphs (b) and 
    (g)(1), the words ``He'' and ``he'' are removed and the words ``The 
    Regional Director'' and ``the Regional Director'' are added in their 
    place, respectively.
        11. In newly redesignated Sec. 681.26, in paragraphs (a) 
    introductory text, (b)(1), and (b)(3), the words ``he'', ``He'', and 
    ``He'' are removed and the words ``the Regional Director'', ``The 
    Regional Director'', and ``The Regional Director'' are added in their 
    place, respectively.
        12. In newly redesignated Sec. 681.28, paragraphs (b) and (c) are 
    removed, paragraphs (d), (e), and (f) are redesignated as paragraphs 
    (b), (c) and (d), respectively, and paragraphs (a)(8) and newly 
    redesignated paragraph (c) are revised to read as follows:
    
    
    Sec. 681.28  Limited access management program.
    
        (a) * * *
        (8) A limited entry permit has no fixed expiration date.
    * * * * *
        (c) Replacement of a vessel covered by a limited access permit. A 
    limited access permit issued under this section may, without limitation 
    as to frequency, be transferred by the permit holder to a replacement 
    vessel owned by that person.
    * * * * *
        13. In newly redesignated Sec. 681.29, the section heading is 
    revised, and paragraph (c) is removed, paragraph (d) is redesignated as 
    paragraph (c), and paragraphs (a) and (b) are revised to read as 
    follows:
    
    
    Sec. 681.29  Harvest limitation program.
    
        (a) General. A harvest guideline for Permit Area 1 will be set 
    annually for the calendar year and shall:
        (1) Apply to the total catch of spiny and slipper lobsters; and
        (2) Be expressed in terms of numbers of lobsters.
        (b) Harvest guideline. (1) The Regional Director shall use 
    information from daily lobster catch reports and lobster sales reports 
    from previous years, and may use information from research sampling and 
    other sources, to establish the annual harvest guideline in accordance 
    with the FMP.
        (2) NMFS shall publish a document indicating the annual harvest 
    guideline in the Federal Register by March 31 each year, and shall use 
    other means to notify permit holders of the harvest guideline for the 
    year.
        (3) The Regional Director shall determine, on the basis of the 
    information reported to NMFS during the open season by the operator of 
    each vessel fishing, when the harvest guideline will be reached. Notice 
    of this determination, with a specification of the date after which 
    fishing for lobster or further landings of lobster taken in Permit Area 
    1 is prohibited, will be announced to each permit holder and operator 
    of each permitted vessel not less than 7 days prior to the effective 
    date.
    * * * * *
        14. Newly redesignated Sec. 681.30 is revised to read as follows:
    
    
    Sec. 681.30  Five-year review.
    
        Five years after the effective date of the rule implementing 
    Amendment 9, the Council, in cooperation with the NMFS, will conduct a 
    review of the
    
    [[Page 15457]]
    effectiveness and impacts of the NWHI management program, including 
    biological, economic, and social aspects of the fishery.
    [FR Doc. 96-8767 Filed 4-5-96; 8:45 am]
    BILLING CODE 3510-22-F
    
    

Document Information

Published:
04/08/1996
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; request for comments.
Document Number:
96-8767
Dates:
Written comments must be received by May 23, 1996.
Pages:
15452-15457 (6 pages)
Docket Numbers:
Docket No. 960401094-6094-01, I.D. 022296D
RINs:
0648-AI32: Amendment 9 to the Western Pacific Crustacean Fishery Management Plan
RIN Links:
https://www.federalregister.gov/regulations/0648-AI32/amendment-9-to-the-western-pacific-crustacean-fishery-management-plan
PDF File:
96-8767.pdf
CFR: (11)
15 CFR 681.11(a)
15 CFR 681.5
15 CFR 681.7
15 CFR 681.10
15 CFR 681.11
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