[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9325]


[[Page Unknown]]

[Federal Register: April 19, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 685

[Docket No. 931198-4100; I.D. 031494C]
RIN 0648-AF97

 

Pelagic Fisheries of the Western Pacific Region

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

ACTION: Final rule.

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SUMMARY: NMFS adopts as final, with one change, the interim final rule 
authorizing the Southwest Regional Director (RD), NMFS, to require the 
owner or agent of a vessel with a permit for the longline fishery to 
make accommodations for a NMFS observer. This final rule requires 
permit holders or their designated agents (which may include the vessel 
operator) to provide NMFS with at least 72 hours notice (not including 
weekends and Federal holidays) prior to each departure from port so the 
RD can determine if an observer placement will be made. This action is 
necessary to ensure adequate collection-of-data on the frequency and 
nature of interactions between longline fishing gear and sea turtles 
around Hawaii to ensure the fishery operates in compliance with the 
Endangered Species Act (ESA).

EFFECTIVE DATE: April 23, 1994, 0001 hours Hawaii time.

ADDRESSES: Copies of the Observer Plan may be obtained from Anneka W. 
Bane, Acting Regional Director, Southwest Region, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Svein Fougner at 310-980-4034; Norm 
Mendes at 310-980-4022, or Alvin Katekaru at 808-955-8831.

SUPPLEMENTARY INFORMATION: The Pelagic fisheries of the western Pacific 
region, including the longline fishery based in Hawaii, are managed 
under a Fishery Management Plan (FMP) that was approved in 1987 and 
subsequently was amended six times. Rules implementing the FMP are 
found at 50 CFR part 685.
    A Biological Opinion and Incidental Take Statement were issued June 
10, 1993, concerning the take of sea turtles in the Hawaii longline 
fishery. In addition to setting a limit on the incidental take of sea 
turtles, the Incidental Take Statement also requires NMFS to establish 
an observer program (initially through voluntary placements and 
subsequently through a mandatory program) to ensure collection of 
sufficient data to produce statistically significant results and to 
evaluate the accuracy of logbooks submitted for the fishery.
    This rule provides the administrative mechanism for NMFS to carry 
out the observer program with general longline permit holders.
    An interim final rule establishing the mandatory observer program 
was published on December 22, 1993 (58 FR 67699). In that rule, the 
observer placement authority was provided under the limited entry 
permit requirement for longline vessels under an existing longline 
limited entry program in Hawaii. It was anticipated that a new limited 
entry program would be implemented by an FMP amendment existing at the 
time the program expires at midnight, April 22, 1994. However, the 
proposed FMP amendment (Amendment 7) was not submitted to the Secretary 
for review and implementation under the Magnuson Fishery Conservation 
and Management Act (Magnuson Act) until late January 1994. Under the 
normal schedule of the Magnuson Act for action on FMP amendments, the 
new program (if approved) will not be implemented before mid-June 1994. 
This means there could be a lapse of 2 months in observer placements 
due to the lack of a limited entry program and moratorium permits to 
which the existing observer requirements apply. If this occurred, there 
would be a substantial risk that the incidental take of turtles could 
erroneously be estimated. This could result in adverse impacts on sea 
turtles, if the take of turtles were significantly underestimated and 
corrective action to protect turtles were not taken; or adverse impacts 
on the industry if the take of turtles were overestimated and 
unnecessary constraints were imposed on the fishery.
    The interim final rule is being adopted as final with one change. 
The change from the interim final rule is to impose the observer 
placement requirements on the owner of a vessel covered by a general 
longline permit issued under Sec. 685.9, provided any part of the 
vessel's next fishing trip will occur in the exclusive economic zone 
(EEZ) around Hawaii. This is a change from the interim rule, which 
required notification of NMFS by holders of permits issued pursuant to 
the current moratorium under Sec. 685.15. However, the moratorium, and 
the permits issued thereunder, are due to expire April 22, 1994. As 
explained above, a replacement limited entry program will probably not 
be implemented prior to April 22, 1994. Therefore, in order to continue 
to collect observer data, NMFS needs to modify the observer requirement 
to apply to vessels with general longline permits issued under 
Sec. 685.9. These general permits are currently required and will 
remain so even with the expiration of the moratorium and implementation 
of a new limited entry program.
    Comments on the interim final rule were received from two persons. 
One commenter emphasized the importance of obtaining detailed, at-sea 
data on the longline fishery and fully endorsed the observer program. 
The other commenter raised a number of operational concerns tied to the 
timing of notices prior to fishing trips and of observer placement 
meetings. This commenter suggested that more flexibility is needed to 
accommodate the nature of the fishery and the difficulty for fishermen 
to make firm timing commitments regarding vessel departures.
    No changes have been made in the regulations as a result of these 
comments. Experience in observer programs in other fisheries indicates 
that arrangements usually can be made for modifications when necessary 
to accommodate changes in schedules (Sec. 685.11(c) (1) and (3)) and 
delays in departure times or special accommodations for observers 
(Sec. 685.11(d)). It is recognized that vessel operators may want to 
make rapid turnaround on trips and may not have 72 hours on shore to 
contact NMFS concerning the next trip. These operators can contact NMFS 
through a telephone call from their vessels at sea, if necessary, to 
determine if an observer will be required and to arrange the placement, 
if necessary. If a vessel's departure is delayed, the operator can 
telephone NMFS on a toll free line to arrange for a change in schedule 
with little disruption. NMFS expects that experience in the longline 
fishery observer program will provide feedback from vessel owners and 
operators that should result in an effective program with minimal 
disruption of vessel operations and scheduling. If necessary, changes 
can be made to operational procedures without requiring changes in the 
regulations. Finally, one of the two commenters pointed out correctly 
that the preamble to the proposed rule could be clarified to indicate 
that: (a) The Council had recommended, and the Secretary had taken, 
emergency action to close the protected species zone to longline 
fishing before the Biological Opinion was issued; and (b) the limited 
success of the voluntary observer program had been due in large part to 
the limited number of observers available for duty.

Classification

    The Assistant Administrator for Fisheries NOAA, (AA), has 
determined that the measures in this rule are consistent with the 
Magnuson Act and other applicable law.
    For purposes of E.O. 12866, this rule has been determined to be 
``not significant''.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act. Permit holders or their designated 
agents will have to notify NMFS at least 72 hours prior to departure on 
a fishing trip so the RD can determine whether an observer must be 
taken. If the RD concludes an observer must be taken, the permit holder 
or designated agent will be so advised and further arrangements will be 
made, as necessary, concerning details of time and place of 
embarkation, observer duties, permit holder, vessel operator and crew 
responsibilities, and related matters. Vessel owners may submit 
reimbursement claims for certain observer-related costs. The public 
reporting burden for this collection is estimated to average 5 minutes 
per call, with all trips covered. About 10 percent of all calls would 
result in an observer placement, requiring possibly 1 hour to meet with 
NMFS officials and make observer placement arrangements. This 
collection is part of a previously approved collection (Southwest 
Region Logbook Family of Forms, OMB No. 0648-0214), modification of 
which was approved by the Office of Management and Budget for the 
interim final rule. Send comments regarding this burden estimate or on 
any other aspect of this collection-of-information to the RD (see 
ADDRESSES) and to the Office of Management and Budget, Paperwork 
Reduction Project (0648-0214), Washington, D.C. 20503 [Attn: NOAA Desk 
Officer].
    This action is intended to carry out the requirements of the 
Biological Opinion and Incidental Take Statement issued by NMFS under 
section 7 of the ESA on June 10, 1993. These data are necessary to 
determine the impacts of take on the species and possible measures to 
reduce or prevent the take in the future. Therefore, this rule is 
consistent with the ESA.

List of Subjects in 50 CFR Part 685

    American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, 
Northern Mariana Islands.

    Dated: April 13, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    Accordingly, the interim final rule amendment 50 CFR part 685 which 
was published at 58 FR 67699 on December 22, 1993, is adopted as a 
final rule with the following change:

PART 685--PELAGIC FISHERIES OF THE WESTERN PACIFIC REGION

    1. The authority citation for part 685 continues to read as 
follows:

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

    2. In Sec. 685.11, the first sentence of paragraph (a) is revised 
to read as follows:


Sec. 685.11  Protected species conservation.

    (a) Notice prior to fishing trip. The permit holder for a fishing 
vessel subject to the permit requirements of Sec. 685.9, or an agent 
designated by the permit holder, shall provide a notice to the Regional 
Director at least 72 hours (not including weekends and Federal 
holidays) before the vessel leaves port on a fishing trip, any part of 
which occurs in the EEZ around Hawaii. * * *
* * * * *
[FR Doc. 94-9325 Filed 4-18-94; 8:45 am]
BILLING CODE 3510-22-P