[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Rules and Regulations]
[Pages 33761-33762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16370]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 970612136-7136-01; I.D. 060297B]
RIN 0648-AJ61
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.
-----------------------------------------------------------------------
SUMMARY: NMFS announces a 1997 harvest guideline of 322,912 lobsters
for the Northwestern Hawaiian Islands (NWHI) crustacean fishery. This
is a reduction of 4,088 lobsters from the harvest guideline of 327,000
lobsters published on May 23, 1997. This change in the harvest
guideline was identified as a future action in the May 23, 1997,
publication and is necessary to account for mortality from anticipated
discards in the fishery, which increases fishing mortality beyond the
harvest guideline.
DATES: Effective July 1, 1997.
ADDRESSES: Copies of background material for determining the harvest
guideline may be obtained from Dr. William Hogarth, Acting Regional
Administrator, Southwest Region, 501 West Ocean Boulevard, Suite 4200,
Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Mr. Alvin Katekaru, NMFS, (808) 973-
2985 or Mr. Svein Fougner, NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: A harvest guideline for the NWHI crustacean
fishery of 327,000 spiny and slipper lobster combined was announced in
the Federal Register on May 23, 1997 (62 FR 28376) for the fishing
season beginning July 1, 1997. The basis for setting the harvest
guideline was Amendment 9 to the Fishery Management Plan for the
Crustacean Fisheries of the Western Pacific Region (FMP). A summary of
the procedure was discussed at that time and will not be repeated here.
Also discussed in the announcement was the high-grading (retention
of only the more valuable components of the catch) that had occurred
during the 1996 fishing season. Mortality of discarded lobster is
believed to be high in the NWHI; therefore, high-grading results in
fishing mortality in excess of the harvest guideline and thus
compromises a major objective of Amendment 9.
There were differences between the estimate of high-grading by NMFS
and that reported by the permit holders in 1996; therefore, the Western
Pacific Fishery Management Council (Council) convened a panel of
technical experts to conduct a thorough review of the 1996 fishery. The
panel concluded that, while the approach used by NMFS to estimate high-
grading was technically sound, the underlying assumptions and data NMFS
used in making the estimate 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 comments from the
experts panel, its Advisory Panel, Plan Team, and Scientific and
Statistical Committee, determined that changes were needed in the
harvest guideline system to ensure achievement of the objectives of
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. The Council decided
that, for the 1997 fishing season, the rate of discards as recorded by
the permit holders during the 1996 fishing season (1.25 percent) should
be used as an estimate of discards for the 1997 fishery, while
recognizing that a better method needs to be developed to estimate
annual discards. Therefore, the harvest guideline of 327,000 spiny and
slipper lobsters must be reduced by 1.25 percent, that is, 4,088
lobsters. Accordingly, the harvest guideline for the 1997 fishing
season, which begins on July 1, is 322,912 spiny and slipper lobster
combined.
This change is implemented under the framework procedures of
Amendment 9, in this case the ``Procedure for established measures'' at
50 CFR part 660.53(c). A letter 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
[[Page 33762]]
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 final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant Administrator, NMFS, finds that because this action
merely revises a previously announced harvest guideline to account for
discard data under the FMP's objective formula for calculating the
harvest guideline, no useful purpose would be served by providing prior
notice and opportunity for public comment. As such, under authority at
5 U.S.C. 553(b)(B), such procedures can be waived as unnecessary.
Similarly, there is good cause under 5 U.S.C. 553 (d)(3) to establish
an effective date less than 30 days after date of publication.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 17, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-16370 Filed 6-20-97; 8:45 am]
BILLING CODE 3510-22-F
