[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2346]


[[Page Unknown]]

[Federal Register: February 2, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 685

[I.D. #012694F]
RIN 0648-AE35

 

Pelagic Fisheries of the Western Pacific Region

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of Availability of an amendment to a fishery management 
plan and request for comments.

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SUMMARY: NMFS issues this notice that the Western Pacific Fishery 
Management Council (Council) has submitted Amendment 7 to the Fishery 
Management Plan for Pelagic Fisheries of the Western Pacific Region 
(FMP) for review by the Secretary of Commerce and is requesting 
comments from the public. Amendment 7 would establish, among other 
matters, a limited entry program for the Hawaii-based longline fishery.

DATES: Comments will be accepted through March 28, 1994.

ADDRESSES: Comments should be mailed to Dr. Gary Matlock, Acting 
Regional Director, Southwest Region, NMFS, 501 West Ocean Boulevard, 
Suite 4200, Long Beach, CA 90802. Clearly mark on the outside of the 
envelope ``Comments on Amendment 7''. Copies of the amendment and final 
environmental impact statement are available from Kitty B. Simonds, 
Executive Director, Western Pacific Fishery Management Council (WPFMC), 
1164 Bishop Street, Suite 1405, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT:
Svein Fougner, Southwest Region, NMFS, at (310) 980-4034, or Alvin 
Katekaru, Pacific Area Office, Southwest Region, NMFS, at (808) 955-
8831; or Kitty B. Simonds, WPFMC, at (808) 523-1368.

SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) (Magnuson Act) requires that a 
regional fishery management council submit any fishery management plan 
or plan amendment it prepares to the Secretary of Commerce (Secretary) 
for review and approval or disapproval. The Magnuson Act also requires 
that the Secretary, upon receiving the plan or amendment, must 
immediately make a preliminary determination whether the plan or 
amendment is sufficient to warrant continued review, and publish a 
notice that the plan or amendment is available for public review and 
comment. The Secretary accepted Amendment 7 for formal Secretarial 
review which began on January 26, 1994. The Secretary will consider all 
public comments received during the comment period in deciding whether 
to approve the amendment for implementation.
    Amendment 7 to the FMP was prepared by the Council to address 
serious concerns about the impact of the expanded longline fishery on 
the status of fish stocks, the impact of increased longline catches on 
other fisheries, and interactions between longline fishing and 
protected species such as Hawaiian monk seals and sea turtles.
    Among actions taken by the Council to address these concerns in the 
past was a request for an emergency rule and completion and submission 
of an FMP amendment imposing a moratorium on new entry into the 
longline fishery based in Hawaii. This moratorium was implemented in 
April 1991 and later extended to expire on April 22, 1994 as part of a 
final rule implementing Amendment 4 (October 16, 1991, 56 FR 51849). 
Amendment 7 would replace the moratorium on new entry into the Hawaii-
based longline fishery with a new limited entry program for the Hawaii 
longline fishery.
    This amendment addresses a number of concerns that are associated 
with the prospect of uncontrolled expansion of the longline fishery. 
The dramatically increased level of longline fishing harvest from the 
portion of the exclusive economic zone (EEZ) around Hawaii and from 
adjacent high seas could result in overfishing of stocks of Pacific 
pelagic management unit species throughout their range, most notably 
swordfish. Even if stocks are not affected on a stock-wide basis, the 
increased catches by U.S. longline vessels could adversely affect other 
established commercial and recreational handline and troll fisheries in 
the EEZ. Further, even if direct catch competition were not occurring, 
there would be considerable potential for market competition, both 
between the longline fleet and the troll and handline fleets and within 
the longline fishery itself. Unregulated expansion of the longline 
fishery could also increases the likelihood of adverse impacts on 
threatened and endangered species such as sea turtles which are known 
to be taken in the longline fishery.
    On the other hand, the restrictions (e.g., limitations on permit 
transfers and on vessel upgrading) under the moratorium, in combination 
with area closures around the Northwestern and main Hawaiian Islands, 
that were imposed after the moratorium went into effect, have been 
adversely affecting a number of people who had qualified for longline 
permits under the moratorium. More than a quarter of the eligible fleet 
was inactive in 1992. In the Council's view, this has been an 
unintended negative effect of the management program. Further, 
restrictions on the longline fishery outside of the FEZ could have 
mixed effects on the nation. The United States would benefit if the 
fishery can expand without adverse effects on fish stocks, other 
fisheries, or protected resources and if similar controls are imposed 
on foreign fleets. In the absence of similar controls on foreign 
fleets, restricting the U.S. fleet may disadvantage the United States 
in any future negotiations leading to international regulation of 
longline fisheries and allocations of fish from the high seas.
    In addition, this Amendment is intended to improve the 
administration of the longline fishery. New framework procedures are 
proposed to simplify and expedite the implementation of new regulations 
without a FMP amendment. This is intended to allow quicker response to 
new information. There is great uncertainty in the longline fishery, as 
it is unclear to what degree the fishery is affecting fish stocks, 
other fisheries, or protected resources. Of particular concern is the 
effect on sea turtles, serveral indigenous species of which are listed 
as threatened or endangered under the Endangered Species Act. There are 
limited framework procedures not in place to address problems 
concerning main Hawaiian Island and northwestern Hawaiian Island 
longline fishing area closures, but other measures have had to be 
implemented through plan amendments.
    Under Amendment 7, the following persons would be eligible for 
Hawaii longline limited entry permits: (1) The last holder of record 
for any longline vessel limited entry permit under the moratorium--
provided the vessel used to land longline-caught management unit 
species at least once during the moratorium period; (2) the last holder 
of record of a limited entry permit under the moratorium for a vessel 
less than 40 feet in length; or (3) the last holder of record of a 
limited entry permit obtained during the moratorium because that person 
also held a limited entry permit for the NWHI crustaceans (lobster) 
fishery.
    Hawaii longline limited entry permits would be freely transferable 
between vessel owners. Vessel owners could also transfer their permits 
to other vessels owned by them, provided the new vessel is not longer 
than the longest vessel which had a longline permit, and made landings, 
during the moratorium period. The vessel's registered length as 
recorded on Certificates of Documentation of the U.S. Coast Guard would 
be the measure of length used in making determinations of compliance 
with this restriction.
    Hawaii longline limited entry permits would be required for 
longline vessels used to: (i) Fish for pelagic species in the EEZ 
around Hawaii; or (ii) land or transship pelagic species shoreward of 
the outer boundary of the EEZ around Hawaii. The permits already 
required by existing regulations at 50 CFR 685.9 would be re-named 
``longline general permits'' and would be required for longline vessels 
around American Samoa, Guam, the Northern Mariana Islands or other 
United States possessions in the Pacific Ocean, that are used to fish 
for, land, or transship pelagic species. Holders or Hawaii longline 
limited entry permits would not need a separate general permit to 
longline, land, or transship anywhere in the fishery management area 
(the waters off Hawaii and all the western pacific territories and 
possessions), or adjacent state waters. Receiving vessel permits would 
be required for vessels shoreward of the outer boundary of the fishery 
management area that do not have longline gear on board and that land 
pelagic species or receive pelagic species from other vessels. For 
purposes of 50 CFR part 685, ``land'' means to begin to offload, to 
arrive in port with the intention of offloading, or to cause to be 
offloaded.
    The amendment contains framework procedures to allow rapid 
responses to changing conditions, including biological concerns for the 
stocks, economic problems in the fisheries, and potential harm to 
protected species such as sea turtles.
    Proposed regulations to implement this amendment are scheduled to 
be published within 15 days of this notice.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 28, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-2346 Filed 1-28-94; 3:26 pm]
BILLING CODE 3510-22-M