95-20554. Western Pacific Bottomfish Fisheries; Enforcement of Permit Requirements  

  • [Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
    [Proposed Rules]
    [Pages 43106-43107]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-20554]
    
    
    
    -----------------------------------------------------------------------
    
    
    DEPARTMENT OF COMMERCE
    50 CFR Part 683
    
    [Docket No. 950803202-5202-01; I.D. 070395C]
    RIN 0648-AH48
    
    
    Western Pacific Bottomfish Fisheries; Enforcement of Permit 
    Requirements
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Proposed rule; request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: NMFS issues a proposed rule that would make minor changes to 
    regulations implementing the Fishery Management Plan for the Bottomfish 
    Fisheries of the Western Pacific Region. In addition to some technical 
    changes, operators of bottomfish vessels would be required to display 
    their official number to enhance enforcement, and fish dealers would be 
    required to make available to authorized officers records that are 
    required by state law regarding sales of fish to facilitate monitoring 
    of the fishery. These changes are intended to make existing regulations 
    clearer and more effective.
    
    DATES: Comments will be accepted until October 16, 1995.
    
    ADDRESSES: Comments should be sent to Ms. Hilda Diaz-Soltero, Director, 
    Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long 
    Beach, CA 90802-4213.
    
    FOR FURTHER INFORMATION CONTACT: James Morgan, 310-980-4036; or
        Alvin Z. Katekaru, 808-973-2985.
    
    SUPPLEMENTARY INFORMATION: At the September 1994 meeting of the Western 
    Pacific Fishery Management Council (Council), the NMFS Office of 
    Enforcement, Southwest Region, recommended changes to the regulations 
    for the bottomfish fisheries for the purpose of clarifying the 
    requirements. The Council approved those changes and recommended that 
    NMFS amend the existing regulations. The proposed changes are as 
    follows:
        1. List in the prohibitions section of the regulations that fishing 
    without a permit in the Mau Zone of the Northwestern Hawaiian Islands 
    is unlawful. A permit is required for both the Ho'omalu and Mau zones; 
    however, only the Ho'omalu Zone is mentioned in the prohibitions 
    section at Sec. 683.6. Mentioning the Mau Zone in the prohibitions 
    section would correct an oversight. 2. Require operators of bottomfish 
    vessels to display their official numbers. Operators of vessels fishing 
    in the crustacean and pelagic fisheries of the western Pacific are 
    required to display their official numbers; however, this requirement 
    was overlooked in the bottomfish fishery. Displaying the official 
    number would help enforcement officers to identify fishing vessels, 
    thereby minimizing radio contact and time on scene by air or ship while 
    enforcing the regulations.
        3. Require any person, such as fish dealers, to make available to 
    authorized officers records that are required by state law regarding 
    sales of fish. Current regulations at Sec. 683.4(c) require fishermen 
    and fish dealers to submit to 
    
    [[Page 43107]]
    the appropriate state agency all reports required by that state. A new 
    paragraph is proposed to be added that would require fish dealers to 
    make state reports available to authorized officers for inspection. 
    This would facilitate monitoring of the fishery.
        4. Several editorial changes to the regulations would also be made 
    for the purposes of clarity.
    
    Classification
    
        This action is taken under authority of the Magnuson Fishery 
    Conservation and Management Act, 16 U.S.C. 1801 et seq. This action has 
    been determined to be not significant for the purposes of E.O. 12866. 
    The Assistant General Counsel 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. The only 
    costs are minimal costs of allowing access to fish reports required by 
    the State, and a small additional cost to fishermen related to the 
    requirement to paint the official number on each vessel. As a result, a 
    regulatory flexibility analysis was not prepared.
    
    List of Subjects in 50 CFR Part 683
    
        Administrative practice and procedure, Fisheries, Reporting and 
    recordkeeping requirements.
    
        Dated: August 11, 1995.
    Gary Matlock,
    Program Management Officer, National Marine Fisheries Service.
        For the reasons set out in the preamble, 50 CFR part 683 is 
    proposed to be amended as follows:
    
    PART 683--WESTERN PACIFIC BOTTOMFISH AND SEAMOUNT GROUNDFISH 
    FISHERIES
    
        1. The authority citation for part 683 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 1801 et seq.
    
        2. In Sec. 683.2, the definition of ``Council'' is revised to read 
    as follows:
    
    
    Sec. 683.2  Definitions.
    
    * * * * *
        Council means the Western Pacific Fishery Management Council, 1164 
    Bishop Street, Suite 1405, Honolulu, HI 96813, 808-522-8220.
    * * * * *
        3. In Sec. 683.4, paragraph (d) is added to read as follows:
    
    
    Sec. 683.4  Recordkeeping and reporting.
    
    * * * * *
        (d) Any person who is required by State laws and regulations to 
    maintain records of landings and sales for vessels regulated by this 
    part, shall make those records immediately available for Federal 
    inspection and copying upon request by an authorized officer.
        4. In Sec. 683.6, paragraphs (i) and (j) are amended by removing 
    the word ``fishing'' and replacing it with the word ``fish''; and 
    paragraphs (f) through (k) are redesignated as paragraphs (g) through 
    (l), respectively, and paragraphs (f), (m), and (n) are added to read 
    as follows:
    
    
    Sec. 683.6  Prohibitions.
    
    * * * * *
        (f) Fish for bottomfish in the Mau Zone without a permit issued 
    under Sec. 683.21.
    * * * * *
        (m) Fail to affix and maintain vessel markings, as required by 
    Sec. 683.9.
        (n) Refuse to make available to an authorized officer for 
    inspection any records that must be made available in accordance with 
    Sec. 681.4.
        5. Sections 683.9 and 683.10 are redesignated as Secs. 683.10 and 
    683.11, respectively, and a new Sec. 683.9 is added as follows:
    
    
    Sec. 683.9  Vessel identification.
    
        (a) Official number. Each fishing vessel subject to this part must 
    display its official number on the port and starboard sides of the 
    deckhouse or hull, and on an appropriate weather deck so as to be 
    visible from enforcement vessels and aircraft.
        (b) Numerals. In each of the three locations specified in paragraph 
    (a), the official number must appear in block Arabic numerals at least 
    18 inches (45.7 cm) in height for fishing vessels of 65 feet (19.8 m) 
    in length or longer, and at least 10 inches (25.4 cm) in height for 
    other vessels. Markings must be legible and of a color that contrasts 
    with the background.
        (c) Duties of operator. The operator of each fishing vessel subject 
    to this part must--
        (1) Keep the displayed official number clearly legible and in good 
    repair; and
        (2) Ensure that no part of the vessel, its rigging, or its fishing 
    gear obstructs the view of the official number from an enforcement 
    vessel or aircraft.
    
    
    Sec. 683.29  [Amended]
    
        6. In Sec. 683.29, paragraph (a) is amended by removing the 
    telephone number ``808-955-8831'' and adding, in its place ``808-973-
    2939''.
    [FR Doc. 95-20554 Filed 8-17-95; 8:45 am]
    BILLING CODE 3510-22-F
    
    

Document Information

Published:
08/18/1995
Department:
Commerce Department
Entry Type:
Proposed Rule
Action:
Proposed rule; request for comments.
Document Number:
95-20554
Dates:
Comments will be accepted until October 16, 1995.
Pages:
43106-43107 (2 pages)
Docket Numbers:
Docket No. 950803202-5202-01, I.D. 070395C
RINs:
0648-AH48: Enforcement of Permit Requirements and Other Provisions Governing the Northwestern Hawaiian Islands Bottomfish Fishery
RIN Links:
https://www.federalregister.gov/regulations/0648-AH48/enforcement-of-permit-requirements-and-other-provisions-governing-the-northwestern-hawaiian-islands-
PDF File:
95-20554.pdf
CFR: (6)
50 CFR 681.4
50 CFR 683.2
50 CFR 683.4
50 CFR 683.6
50 CFR 683.9
More ...