[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21185]
[[Page Unknown]]
[Federal Register: August 29, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
50 CFR Part 681
[Docket No. 940836-4236; I.D. 081194D]
Western Pacific Crustacean Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule; 1994 final quota for crustaceans in the
Northwestern Hawaiian Islands and closure of the fishery.
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SUMMARY: NMFS announces the immediate closure of the Northwestern
Hawaiian Islands (NWHI) crustacean fisheries due to the final quota
being exceeded in 1994. Further lobster fishing in the NWHI is
prohibited for the remainder of 1994. Lobster already harvested must be
landed prior to midnight August 31, 1994. This action is intended to
prevent overfishing and to achieve optimum yield according to the
objectives of the Fishery Management Plan for the Crustacean Fisheries
of the Western Pacific Region (FMP).
EFFECTIVE DATES: Fishing for lobsters in the NWHI is prohibited from
1200 hours local time August 25, 1994, through December 31, 1994.
Landings of lobsters taken from the NWHI are prohibited after 2400
hours local time on August 31, 1994.
FOR FURTHER INFORMATION CONTACT:
James Morgan, 310-980-4036; or Alvin Z. Katekaru, 808-973-2939.
SUPPLEMENTARY INFORMATION: The lobster quota in the NWHI is announced
in two steps. The initial quota is based on the previous years' fishery
data, research, and other available information. The final quota is
based on actual results obtained from the fishery during July, the
first month of fishing. During July, 1994, 63,017 spiny and slipper
lobsters were harvested by commercial fishing vessels in 75,094 trap-
hauls at Necker Island, Gardner Pinnacles, Maro Reef, and St. Rogatien
Bank. The catch-per-unit-of-effort (CPUE) on each bank in the NWHI was
weighted by each bank's contribution to the total harvest. Substituting
the weighted CPUE into the quota formula in the FMP yielded a final
quota of 20,900 lobsters. The final quota is less than the initial
quota because the actual CPUE (0.84 animals per trap haul) was lower
than the expected CPUE (1.0 animals per trap haul) during the month of
July. The commercial harvest to date exceeds the final quota;
therefore, the fishery must be closed.
The use of an emergency rule to close the fishery immediately is
consistent with NMFS guidelines concerning the use of emergency rules
published at 57 FR 375 (January 6, 1992). The time it would take to
complete the normal procedures for closing the fishery under 50 CFR
681.31(c)(4) could result in substantial damage to or loss of lobster
stocks. The status of the stocks is uncertain, but the stocks could not
sustain a fishery in 1993 and apparently have not rebuilt as much as
initially forecast. It is necessary to close the fishery immediately to
prevent further fishing in excess of the quota. Failure to close the
fishery could result in serious harm to the resource and loss of stock
productivity, with economic harm to lobster fishery permit holders in
the long run. The average daily harvest during July was more than 2,000
lobsters, and immediate closure of the fishery will likely reduce
overall harvest by 10,000 or more lobsters. Further harvesting of
lobsters is therefore prohibited after noon of the day after the date
this rule is filed with the Office of the Federal Register. Further
landings of lobster taken in Permit Area I will be prohibited beginning
midnight 7 days after the date this notification is filed with the
Office of the Federal Register.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this regulatory action is necessary to respond to an
emergency situation and is consistent with the Magnuson Act and other
applicable law. The final quota for 1994 already has been greatly
exceeded and a delay in closure could result in serious harm to the
resource, loss of stock productivity, and economic harm to the fishery.
Therefore, it is necessary to close the fishery due to attainment of
the final 1994 quote by emergency action pursuant to 16 U.S.C. 1855(c).
The AA finds that the reasons justifying the promulgation of this
rule on an emergency basis also make it impracticable to provide notice
and opportunity for comment upon, or to delay for 30 days, the
effective date of these emergency regulations, under the authority set
forth at 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), respectively. Any
delay in implementing this rule could jeopardize the resource and cause
unnecessary economic harm to users of the resource.
This action is authorized by 50 CFR part 681 and has been
determined to be not significant for purposes of E.O. 12866.
An environmental assessment has been prepared concerning this
action. Based on that review, the AA for Fisheries determined that this
action will not have a significant effect on the human environment, and
an environmental impact statement was not necessary.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 23, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-21185 Filed 8-24-94; 9:02 am]
BILLING CODE 3510-22-M
