[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36819-36820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17324]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 990630178-9178-01; I. D. 062499A]
RIN 0648-XA31
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Crustacean Fisheries; 1999 Bank-Specific Harvest
Guidelines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Bank-specific harvest guidelines for the Northwestern Hawaiian
Islands (NWHI) crustacean fishery for 1999.
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SUMMARY: NMFS announces the 1999 bank-specific harvest guidelines for
the NWHI crustacean fisheries. The previously announced total NWHI-wide
harvest guideline of 243,100 lobsters (spiny and slipper lobster
combined) is allocated among the four NWHI lobster fishing grounds as
follows: Necker Island, 54,600 lobsters; Gardner
[[Page 36820]]
Pinnacles, 27,690 lobsters; Maro Reef, 89,570 lobsters; and the other
remaining lobster banks combined, 71,240 lobsters. 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 2, 1999.
ADDRESSES: Copies of background material pertaining to this action may
be obtained from Alvin Z. Katekaru, Fishery Management Specialist,
Pacific Islands Area Office (PIAO), NMFS, 2570 Dole St., Honolulu, HI
96822 or Kitty M. Simonds, Executive Director, Western Pacific Fishery
Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813.
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru at 808-973-2937.
SUPPLEMENTARY INFORMATION: During 1998, the Western Pacific Fishery
Management Council (Council) and NMFS, under FMP framework procedures,
implemented a bank-specific harvest guideline program for the NWHI
lobster fishery to prevent the potential risk of fishermen over-
exploiting the lobster resources at Necker Island, Gardner Pinnacles,
and Maro Reef. That program was for only one season, July 1 through
December 31, 1998. At its meeting in December 1998, the Council
recommended the establishment of four NWHI lobster fishing grounds
consisting of Necker Island, Gardner Pinnacles, Maro Reef, and the
other remaining NWHI lobster banks combined. Also, the Council
recommended that the Regional Administrator, in consultation with the
Council, be authorized to allocate the annual NWHI-wide harvest
guideline among the four fishing grounds. On April 8, 1999, the Council
requested the Regional Administrator to initiate rulemaking to
establish a permanent bank-specific harvest allocation program for the
NWHI lobster fishery.
Under a separate rule, appearing in today's Federal Register, NMFS
established a permanent bank-specific harvest allocation program. On
March 11, 1999, NMFS announced in the Federal Register (64 FR 12092)
the 1999 NWHI-wide harvest guideline of 243,100 lobsters, spiny and
slipper lobsters combined, based on an estimated total exploitable
lobster population of 1,870,000. Subsequently, NMFS Southwest Fisheries
Science Center scientists calculated exploitable population estimates
for Necker Island, Gardner Pinnacles, Maro Reef, and the other
remaining lobster banks combined. By applying the FMP-specified
constant harvest rate of 13 percent to the exploitable population
estimates for each of the four fishing grounds, the Regional
Administrator determined the 1999 harvest guideline for Necker Island
to be 54,600 lobsters; Gardner Pinnacles, 27,690 lobsters; Maro Reef,
89,570 lobsters; and all the other remaining NWHI lobster banks
combined, 71,240 lobsters. The Regional Administrator will close each
fishing ground when its harvest guideline is estimated to be reached.
The PIAO will monitor landings and issue timely reports of the
level of cumulative catch information and of the amount of the harvest
guideline remaining for each fishing ground. Fishermen are advised to
contact the PIAO (see ADDRESSES) periodically to stay abreast of any
changes and of the progress of the fishery toward attaining the bank-
specific harvest guideline of each of the fishing grounds. When the
harvest guidelines of all the fishing grounds are attained, the
Regional Administrator will close the entire NWHI lobster fishery.
Under the procedures in 50 CFR 660.50(b), 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.
The Assistant Administrator for Fisheries, NOAA, (AA) finds that
because this action merely announces bank-specific harvest guidelines
resulting from 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. The AA also finds that there is good cause to waive
the 30-day delay in effectiveness for this rule under 5 U.S.C. 553
(d)(3). In order to insure the health of the lobster resources in the
NWHI by preventing the potential for overexploiting those resources at
any of the major fishing grounds (Necker Island, Gardner Pinnacles, or
Maro Reef) this fishing season, this action must be in effect as soon
as practicable after the season opening on July 1, 1999. Therefore,
delaying this action would be contrary to the public interest and
unnecessary.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 2, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-17324 Filed 7-2-99; 4:15 pm]
BILLING CODE 3510-22-F
