[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Proposed Rules]
[Pages 39064-39065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19391]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 980714174-8174-01; I.D. 061898B]
RIN 0648-AK60
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Precious Corals Fisheries; Amendment 3
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 proposes regulations to implement Amendment 3 to the
Fishery Management Plan for the Precious Corals Fisheries of the
Western Pacific Region (FMP). Amendment 3 would establish framework
procedures enabling management measures to be established and/or
changed via rulemaking rather than through FMP amendment. The intent of
this action is to enable the Western Pacific Fishery Management Council
(Council) to respond quickly to rapid changes in the Western Pacific
precious corals fisheries.
DATES: Comments on this proposed rule must be received on or before
September 4, 1998.
ADDRESSES: Comments on this proposed rule or Amendment 3 should be sent
to, and copies of these documents are available from, Kitty Simonds,
Executive Director, Western Pacific Fishery Management Council, 1164
Bishop St., Suite 1400, Honolulu, HI 96813.
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, Fishery Management
Specialist, Pacific Islands Area Office, NMFS at (808) 973-2985 or
Kitty Simonds at (808) 522-8220.
SUPPLEMENTARY INFORMATION: NMFS is proposing this rule based on a
recommendation of the Council under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
It would establish framework procedures under FMP Amendment 3 to enable
the Council and NMFS to change elements of the management regime
governing the Western Pacific precious corals fisheries through
rulemaking rather than through FMP amendment. The procedures would
specify how certain new measures may be established in response to
changes that may occur rapidly in the fishery, as well as how
established measures (e.g., seasons, permit requirements, quotas,
closures, area limitations, gear and coral size restrictions) may be
revised without the Council having to develop and NMFS implement an FMP
amendment. With the concurrence of the Council, the Southwest Regional
Administrator, NMFS, would be able to initiate rulemaking, Each action
taken under the framework process would entail documentation of the
analysis of impacts of that action. Advance public notice, public
discussion, and consideration of public comment on each framework
action are required. Amendment 3 itself describes the framework
procedure in more detail than the regulatory text of this rule.
On January 14, 1998, a notice of availability of draft FMP
Amendment 3 was published in the Federal Register (63 FR 2195). The
draft included two actions: Establishment of framework procedures and
inclusion in the management unit of precious corals in the exclusive
economic zone waters around the Commonwealth of the Northern Mariana
Islands (CNMI) (which would have been managed as an exploratory permit
area). The notice also indicated that the Council staff would submit
the amendment for Secretarial review only if no substantive or critical
comments were received during a 45-day public review period. The
Council received substantive comments on the proposal to manage
precious corals in the waters off CNMI as an exploratory permit area.
However, no comments were received regarding the proposal to establish
the framework procedures.
Subsequently, Council staff revised the draft amendment by removing
the CNMI provision, and a new draft was prepared for Secretarial
review. At its 95th meeting held in April 1998, the Council concurred
with the revised draft amendment.
Framework procedures appear needed because of present interest in
the harvest of precious corals at the established coral bed at Makapuu
Point, Oahu, Hawaii, and around the main Hawaiian Islands. Pre-harvest
surveys conducted in 1997 at the Makapuu bed indicate this bed to be at
least 15 percent larger than it was 12 years ago. Recruitment of pink
coral at the Makapuu bed is undiminished compared to 1991; however,
recruitment of gold coral has been very low. Framework procedures under
proposed FMP Amendment 3 would, for example, enable the Council to
modify the harvestable size of the Makapuu precious coral bed or to
adjust the quota on gold coral, if needed, in a timely manner.
Classification
At this time, NMFS has not determined that Amendment 3, which this
rule would implement, is consistent with the national standards of the
Magnuson-Stevens Act and other applicable laws. NMFS, in making that
determination, 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
the purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities as follows:
The National Marine Fisheries Service considers an impact to be
significant if it results in a reduction in annual gross revenues by
more than 5 percent, an increase in annual compliance costs of greater
than 5 percent, compliance costs at least 10 percent higher for small
entities than for large entities, compliance costs that require
significant capital expenditures, or the likelihood that 2 percent of
the small entities would be forced out of business. NMFS considers a
``substantial number'' of small entities to be more than 20 percent of
those small entities affected by the regulation engaged in the fishery.
Since the proposed action is
[[Page 39065]]
administrative, and would only add a framework procedure to the FMP,
this rule would not result in any new compliance burdens or in any
significant economic impact on small entities. As a result, a
regulatory flexibility analysis was not prepared.
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: July 15, 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:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
1. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. A new Sec. 660.89 is added to Subpart F to read as follows:
Sec. 660.89 Framework procedures.
(a) Introduction. Established management measures may be revised
and new management measures may be established and/or revised through
rulemaking if new information demonstrates that there are biological,
social, or economic concerns in the precious coral permit area. The
following framework process authorizes the establishment and revision
of measures that may affect the operation of the fisheries, gear,
quotas, season, or changes in catch and/or effort.
(b) Annual report. By June 30 of each year, the Council-appointed
Precious Coral 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) According to the framework procedures of Amendment 3 to the
FMP, the Council may recommend to the Regional Administrator 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 Administrator.
(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 3 to the FMP,
the Council will publicize, including by a Federal Register document,
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 document
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 a subsequent public meeting,
the Council will consider public comments and other information
received before making a recommendation to the Regional Administrator
about any new measure. If approved by the Regional Administrator, NMFS
may implement the Council's recommendation by final rulemaking, in some
instances, or if circumstances warrant, by proposed and final
rulemaking.
[FR Doc. 98-19391 Filed 7-20-98; 8:45 am]
BILLING CODE 3510-22-F
