[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Rules and Regulations]
[Pages 28376-28377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13674]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 970512113-7113-01; I.D. 042297D]
RIN 0648-AJ56
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Crustacean Fisheries; 1997 Harvest Guideline
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Harvest guideline for crustaceans for 1997.
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SUMMARY: NMFS announces a 1997 harvest guideline of 327,000 lobsters
for the Northwestern Hawaiian Islands (NWHI) crustacean fishery. The
guideline was calculated according to the formula in Amendment 9 to the
Fishery Management Plan for the Crustacean Fisheries of the Western
Pacific Region (FMP), and includes spiny and slipper lobster combined.
This harvest guideline is for the 1997 fishing year, which begins July
1, 1997; however, the harvest guideline system will be adjusted before
the beginning of the season to account for lobster mortality from
discards of lobster by permit holders. The intent of this action is to
prevent overfishing and achieve the objectives of the FMP.
DATES: Effective July 1, 1997.
ADDRESSES: Copies of background material for determining the harvest
guideline may be obtained from Dr. William T. Hogarth, Acting Regional
Administrator, Southwest Region, 501 West Ocean Boulevard, Suite 4200,
Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Mr. Alvin Katekaru, NMFS, (808) 973-
2985 or Mr. Svein Fougner, NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: The annual harvest guideline for the
crustacean fishery is to be announced in the Federal Register by
March 31 of each year. The harvest guideline is determined by the
Southwest Regional Administrator, NMFS, based on previous years'
fishery data, sampling during research cruises, and other available
data. A population model that is used in the process for determining
the harvest guideline is described in Amendment 9 to the FMP, which
provides that an annual harvest guideline will be derived by
multiplying a constant harvest rate associated with a specific level of
risk of overfishing times the exploitable population estimated by the
NMFS. Under Amendment 9, there is no limit on retention of spiny or
slipper lobsters based on size or reproductive condition. The harvest
guideline is a specified numerical harvest objective and is expected to
represent total mortality from the fishery. When the harvest guideline
is estimated to be reached, the Regional Administrator will close the
fishery.
The 1996 fishing season was the first season managed under the
provisions of Amendment 9. Data on discarded lobsters reported by
permit holders indicated that high-grading (retention of only the more
valuable components of the catch) was about 2,300 lobsters. However, an
analysis of data obtained by sampling the landings and comparing size
composition of the landings with expected size composition based on
research and experimental fishing results provided evidence that a
higher level of high-grading occurred. Mortality of discarded lobster
is believed to be high in the NWHI; therefore, high-grading would
result in mortality in excess of the harvest guideline and thus
compromise a major objective of Amendment 9.
Because there were differences between the estimate of high-grading
by NMFS and the reported discarding by the permit holders in 1996, the
Council convened a panel of technical experts to conduct a thorough
review of the 1996 fishery and the underlying population model and
harvest guideline system. That panel concluded that, while the approach
used by NMFS to estimate high-grading was technically sound, there were
significant questions about the underlying assumptions and data used in
making the estimate. The review panel found that the analytical
procedure likely resulted in an overestimate of discarding in 1996. The
review panel agreed, however, that discarding needs to be accounted for
in the management program.
The Council met in April and, after considering the inputs from the
experts panel and its Advisory Panel, Plan Team, and Scientific and
Statistical
[[Page 28377]]
Committee, determined that changes are needed in the harvest guideline
system to ensure achievement of the objectives of the FMP as amended by
Amendment 9. Necessary changes include a pre-season or in-season
estimate of the amount of high-grading and associated mortality so that
the fishery can be closed when total harvest (retained catch plus
discards) reaches the harvest guideline level. Accordingly, a change in
the harvest guideline system for the 1997 season is necessary before
the beginning of the fishing season on July 1. This system can be
implemented under the framework procedures of Amendment 9, in this case
the ``Procedure for established measures'' at 50 CFR 660.53(c). Permit
holders and the public will be advised of the change by publication in
the Federal Register before July 1. A letter also will be sent by the
Regional Administrator to all permit holders to advise them of the
action.
The Southwest Region, NMFS, will monitor landings against the
harvest guideline and issue timely reports of summary catch and effort
information. However, participants are advised to contact the Southwest
Region (see ADDRESSES) periodically to stay abreast of any change in
the harvest guideline and progress of the fishery toward attaining the
harvest guideline. Under the procedures in 50 CFR 660.50(b)(3), NMFS
will announce the date upon which the harvest guideline will be reached
and close the fishery.
Classification
This action is authorized by 50 CFR part 660 and is exempt from
review under 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, 5 U.S.C. 601
et seq., are inapplicable.
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 9 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: May 20, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
[FR Doc. 97-13674 Filed 5-22-97; 8:45 am]
BILLING CODE 3510-22-F
