[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Proposed Rules]
[Pages 31406-31408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15299]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 980603145-8145-01; I.D. 052998C]
RIN 0648-AL33
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Crustacean Fisheries; Bank/Area-Specific Harvest
Guidelines
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 this proposed rule that would allocate the 1998
overall harvest guideline of 286,000 lobsters (spiny and slipper
combined) in the Northwestern Hawaiian Islands (NWHI) among three
individual fishing banks and a fourth combined area. Specifically,
under this proposed rule, no more than 70,000 lobsters may be harvested
from Necker Island; no more than 20,000 lobsters may be harvested from
Gardner Pinnacles; no more than 80,000 lobsters may be harvested from
Maro Reef; and no more than 116,000 lobsters may be harvested from all
the other remaining NWHI banks combined within Crustaceans Permit Area
1. This rule is intended to protect the lobster resources at each
fishing ground, to provide better data on stocks, and to conserve the
resource.
DATES: Written comments must be received by June 24, 1998.
ADDRESSES: Written comments should be sent to, and copies of the
initial regulatory flexibility analysis (IRFA) and environmental
assessment are available from, Kitty Simonds, Executive Director,
Western Pacific Fishery Management Council, 1164 Bishop St., Suite
1400, Honolulu, HI 96813.
FOR FURTHER INFORMATION CONTACT: Kitty Simonds at (808) 522-8220 or
Alvin Katekaru, Fishery Management Specialist, Pacific Islands Area
Office, NMFS, at (808) 973-2985.
SUPPLEMENTARY INFORMATION: Under the framework procedures of the
Fishery Management Plan for the Crustaceans Fisheries of the Western
Pacific Region (FMP) and its implementing regulations (50 CFR 660.53),
the Council, at its 96th meeting, requested that the Southwest Regional
Administrator, NMFS (Regional Administrator) initiate a
[[Page 31407]]
rulemaking to establish bank/area-specific harvest guidelines, as
described above, specifically for Necker Island, Gardner Pinnacles,
Maro Reef, and the General NWHI Lobster Grounds. This proposed rule
would establish harvest guidelines for four lobster grounds in the NWHI
crustacean fishery as follows: No more than 70,000 lobsters may be
harvested from Necker Island; no more than 20,000 lobsters may be
harvested from Gardner Pinnacles; no more than 80,000 lobsters may be
harvested from Maro Reef; and no more than 116,000 lobsters may be
harvested from all the other remaining NWHI banks combined. These
proposed allocations are based on a total 1998 NWHI-wide harvest
guideline of 286,000 lobsters for the 1998 fishery as determined by the
Regional Administrator. The overall harvest guideline of 286,000
lobsters (spiny and slipper combined) was published in the Federal
Register on June 3, 1998 (63 FR 30147).
Once a bank/area-specific harvest guideline is reached or projected
to be reached, the Regional Administrator would announce, at least 24
hours in advance, closure of that bank or area via electronic
communication to each of the vessels participating in the 1998 fishery.
The entire NWHI lobster fishery would close when the fourth bank or
area is closed. All lobster harvested by vessels not carrying a vessel
monitoring system (VMS) unit must be landed within a specified period
following closure of the fishery as provided by current regulations (50
CFR 660.50).
The Council recommended the four bank/area-specific allocations
following review and discussion, including impacts, of three
alternatives: (1) Partial bank-specific harvest guidelines (four
lobster grounds), the preferred alternative; (2) full bank-specific
harvest guidelines (11 of the 14 lobster grounds for which exploitable
population estimates are available); and (3) no action (NWHI-wide
fishing area). The Council concluded that the preferred alternative
would best meet the management objectives of the FMP because it would
promote broader distribution of fishing effort among the banks of the
NWHI, which should enhance resource conservation and help prevent local
bank depletion. This action would provide more information about the
lobster resource in the NWHI because fishing effort would be
distributed more widely than in the past several years. This
information, combined with a NMFS scientific data collection/observer
program, should result in more effective management of the fishery.
Most importantly, the proposed allocations would respond to the concern
that unless lobster harvest at Necker Island, Gardner Pinnacles, and
Maro Reef is limited, the lobster populations in these areas may be at
risk.
The actions proposed in this rule would only be in effect from July
1, 1998, through December 31, 1998.
Classification
This proposed rule has been determined to be not significant for
the purposes of E.O. 12866.
The Council prepared an IRFA as part of the regulatory review
process, which describes the impact this proposed rule would have on
small entities. The proposed rule would apply to the 12 permit holders
who own the 15 vessels in this fishery; however, only 5 vessels are
expected to participate in the 1998 lobster fishery. All participants
in the fishery are small business entities. No new reporting or
recordkeeping requirements would be imposed by this proposed 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. The three alternative actions are
analyzed in the IRFA. While participants would incur increased costs in
1998 for compliance (e.g., additional fuel and transportation costs),
the proposed action should result in long-term economic benefits to the
fishery if the resource increases with improved fisheries management. A
copy of the IRFA is available for public review and comment (see
ADDRESSES).
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: June 3, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be amended as follows:
1. The authority citation for part 660 continues to read as
follows:
PART 660 - FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
Authority: 16 U.S.C. 1801 et seq.
2. Section 660.12 is amended by adding a definition of ``Lobster
grounds'', in alphabetical order, to read as follows:
Sec. 660.12 Definitions.
* * * * *
Lobster grounds refers, singularly or collectively, to the
following four areas in Crustaceans Permit Area 1 that shall be used to
manage the 1998 lobster fishery:
(1) Necker Island Lobster Grounds-- waters bounded by straight
lines connecting the following coordinates in the order presented:
24 deg.00' N. lat., 165 deg.00' W. long.; 24 deg. 00' N. lat., 164 deg.
00' W. long.; 23 deg. 00' N. lat., 164 deg. 00' W. long.; and 23 deg.
00' N. lat., 165 deg. 00' W. long.
(2) Gardner Pinnacles Lobster Grounds-- waters bounded by straight
lines connecting the following coordinates in the order presented:
25 deg. 20' N. lat., 168 deg. 20' W. long.; 25 deg. 20' N. lat.,
167 deg. 40' W. long.; 24 deg. 20' N. lat., 167 deg. 40' W. long.; and
24 deg. 20' N. lat., 168 deg. 20' W. long.
(3) Maro Reef Lobster Grounds-- waters bounded by straight lines
connecting the following coordinates in the order presented: 25 deg.
40' N. lat., 171 deg. 00' W. long.; 25 deg. 40' N. lat., 170 deg. 20'
W. long.; 25 deg. 00' N. lat., 170 deg. 20' W. long.; and 25 deg. 00'
N. lat., 171 deg. 00' W. long.
(4) General NWHI Lobster Grounds-- all waters within Crustaceans
Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro
Reef Lobster Grounds.
* * * * *
3. Section 660.42 is amended by adding new paragraphs (a)(1)(vi)
and (a)(13), to read as follows:
Sec. 660.42 Prohibitions.
* * * * *
(a) * * *
(1) * * *
(vi) In a lobster grounds after closure of that grounds as
specified in Sec. 660.50(b).
* * * * *
(13) Possess, on a fishing vessel that has a limited access permit
issued under this subpart, any lobster trap in a lobster grounds that
is closed under Sec. 660.50(b), except if the vessel is operating a VMS
unit certified by NMFS.
* * * * *
4. Section 660.48 is amended by suspending paragraph (a)(7) and by
adding a new paragraph (a)(10), to read as follows:
Sec. 660.48 Gear restrictions.
(a) * * *
(10) A vessel whose owner has a limited access permit issued under
this subpart and has an operating VMS unit certified by NMFS may
transit the Crustaceans Permit Area 1, including the Crustaceans Permit
Area 1 VMS
[[Page 31408]]
Subarea, with lobster traps on board for the purpose of moving to
another lobster grounds or returning to port following the closure
date, as specified in Sec. 660.50, providing the vessel does not stop
or fish and is making steady progress to another lobster grounds or
back to port as determined by NMFS.
* * * * *
5. Section 660.50 is amended by suspending paragraph (b)(4) and by
adding new paragraphs (b)(5) through (b)(8) to read as follows:
Sec. 660.50 Harvest limitation program.
* * * * *
(b) * * *
(5) For the 1998 fishing season, the following harvest guidelines
apply to the four lobster grounds in Crustaceans Permit Area 1:
(i) No more than 70,000 lobsters may be harvested from the Necker
Island Lobster Grounds;
(ii) No more than 20,000 lobsters may be harvested from the Gardner
Pinnacles Lobster Grounds;
(iii) No more than 80,000 lobsters may be harvested from the Maro
Reef Lobster Grounds; and
(iv) No more than 116,000 lobsters may be harvested from the
General NWHI Lobster Grounds.
(6) The Regional Administrator, Southwest Region, NMFS, shall
determine, on the basis of the information reported to NMFS by the
operator of each vessel fishing, when the harvest guideline for each
lobster grounds will be reached.
(7) Notice of the date when the harvest guideline for a lobster
grounds is expected to be reached, and specification of the closure
date of the lobster grounds, will be provided to each permit holder
and/or operator of each permitted vessel at least 24 hours in advance
of the closure. After a closure, the harvest of lobster in that lobster
grounds is prohibited, and the possession of lobster traps on board the
vessel in that lobster grounds is prohibited unless allowed under
Sec. 660.48(a)(10).
(8) With respect to the notifications in paragraphs (b)(3) and
(b)(7) of this section, NMFS shall provide each permit holder and
operator of each permitted vessel with the following information, as
appropriate:
(i) Determination of when the over-all harvest guideline for
Crustaceans Permit Area 1 will be reached;
(ii) Closure date after which harvest of lobster or possession of
lobster traps on board the vessel in a lobster grounds is prohibited;
(iii) Closure date after which the possession of lobster traps on
board the vessel in Crustaceans Permit Area 1 is prohibited by any
permitted vessel that is not operating a VMS unit certified by NMFS;
and
(iv) Specification of when further landings of lobster will be
prohibited by permitted vessels not using VMS units certified by NMFS.
* * * * *
[FR Doc. 98-15299 Filed 6-8-98; 8:45 am]
BILLING CODE 3510-22-F
