[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30147-30148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14743]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 980521135-8135-01; I.D. 051198B]
RIN 0648-AK85
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Crustacean Fisheries; 1998 Harvest Guideline
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Harvest guideline for crustaceans for 1998.
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SUMMARY: NMFS announces a 1998 harvest guideline of 286,000 lobsters
(spiny and slipper lobsters combined) for the Northwestern Hawaiian
Islands (NWHI) crustacean fishery, which opens on July 1, 1998. The
harvest guideline applies to the entire NWHI; however, due to the
potential for overexploitation of lobster populations at certain NWHI
banks/areas, the Western Pacific Fishery Management Council (Council)
is considering allocating the harvest guideline among specific areas or
banks to ensure the long-term health of the lobster populations and
stability of the fishery. The intent of this action is to prevent
overfishing and achieve the objectives of the Fishery Management Plan
for the Crustacean Fisheries of the Western Pacific Region (FMP).
DATES: Effective July 1, 1998.
ADDRESSES: Copies of background material pertaining to this action may
be obtained from Alvin Katekaru, Pacific Islands Area Office, Southwest
Region, NMFS, 2570 Dole Street, Honolulu, HI 96822 or Kitty Simonds,
Executive Director, Western Pacific Fishery Management Council, 1164
Bishop St., Suite 1400, Honolulu, HI 96813.
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru at (808) 973-2985 or
Kitty Simonds at (808) 522-8220.
[[Page 30148]]
SUPPLEMENTARY INFORMATION: Under Amendment 9 to the FMP, the Southwest
Regional Administrator, NMFS (Regional Administrator), sets the annual
harvest guideline for the NWHI crustacean fishery. The guideline is
determined by multiplying the estimated exploitable lobster population
(spiny and slipper lobster combined) by a constant harvest rate (13
percent) associated with a specific risk of overfishing (10 percent. As
described in Amendments 7 and 9 to the FMP, the total NWHI population
of exploitable lobsters is estimated from commercial logbook lobster
catch and effort data. The harvest guideline represents the total
allowable mortality of lobsters in the fishery regardless of lobster
size or reproductive condition. The Regional Administrator will close
the fishery when the harvest guideline is estimated to be reached.
The harvest guideline for the 1998 NWHI lobster fishery is 286,000
lobsters based on an estimated total exploitable population of about
2,200,000 spiny and slipper lobsters (species combined).
Under Amendment 9 to the FMP, the Regional Administrator is
required to announce a harvest guideline for the entire NWHI. However,
the Regional Administrator has reason to believe that if the 1998
lobster harvest is not limited for certain banks/areas, the lobster
populations there may be at risk of overexploitation. The Council and
fishing industry also concur with this assessment. At its 95th meeting,
the Council initiated action to consider the establishment of a bank/
area specific management regime under the framework procedures of the
FMP. At its 96th meeting, which was held on May 8, 1998, the Council
met and voted to recommend bank-specific harvest guidelines for the
1998 fishing year. The public was given the opportunity to comment
prior to and at this meeting, on the issue of bank-specific harvest
guidelines. NMFS is working with the Council to develop separate
proposed and final rules for bank-specific harvest guidelines.
The Pacific Islands Area Office will monitor landings and issue
timely reports of the level of cumulative catch information and of the
amount of the harvest guideline remaining. Fishermen are advised to
contact the Pacific Islands Area Office (see ADDRESSES) periodically to
stay abreast of any changes and of 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 when the fishery will be closed.
Classification
This action is authorized by 50 CFR part 660 and is exempt from
review under Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this action 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
because this notice merely announces a harvest guideline resulting from
the nondiscretionary application of the objective harvest guideline
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 28, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-14743 Filed 6-2-98; 8:45 am]
BILLING CODE 3510-22-F
