[Federal Register Volume 59, Number 152 (Tuesday, August 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19341]


[[Page Unknown]]

[Federal Register: August 9, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 681

[Docket No. 940818-4218; I.D. 072094A]
RIN 0648-AF82

 

Western Pacific Crustacean Fisheries

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

ACTION: Proposed rule.

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SUMMARY: NMFS issues a proposed rule to implement Amendment 8 to the 
Fishery Management Plan for the Crustacean Fisheries of the Western 
Pacific Region (FMP). The rule would establish framework procedures for 
considering quota adjustments for the fishery and would eliminate a 2-
year landing requirement for permit renewal. Notification and reporting 
procedures also would be modified. These changes are intended to 
improve the administration of the management program, to improve 
enforcement and monitoring efforts, and to remove a restrictive 
criterion for permit renewal.

DATES: Written comments must be received by September 23, 1994.

ADDRESSES: Copies of Amendment 8 and the associated environmental 
assessment may be obtained from Ms. Kitty M. Simonds, Executive 
Director, Western Pacific Fishery Management Council, 1164 Bishop St., 
Suite 1405, Honolulu, HI 96813.
    Comments on the proposed rule should be sent to Rodney R. McInnis, 
Acting Director, Southwest Region, NMFS, 501 West Ocean Boulevard, 
Suite 4200, Long Beach, CA 90802.
    Comments on the information collection should be sent to the Acting 
Regional Director and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, D.C. 20503 
(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Western Pacific 
Fishery Management Council, at (808) 522-8220;
    Svein Fougner, NMFS, at (310) 980-4034; or Alvin Z. Katekaru, NMFS, 
at (808) 973-2937.

SUPPLEMENTARY INFORMATION: In 1983, the Western Pacific Fishery 
Management Council (Council) developed a fishery management plan for 
lobster fisheries in the Western Pacific region. The principal fishery 
for spiny and slipper lobster occurs in the Northwestern Hawaiian 
Islands (NWHI). In 1992, an annual quota, a season, and a limited entry 
program were implemented for the NWHI lobster fishery (57 FR 10437, 
March 26, 1992). In January 1993, the Crustaceans Plan Team and 
Advisory Panel, with enforcement agency representatives, met to discuss 
the effectiveness of the regulations implementing these new management 
measures following their first year of operation. The group also 
discussed the preliminary 1993 quota determination and stock abundance 
expectations for the future.
    As a result of that review, the Council decided that changes to the 
FMP were needed to address immediate operational concerns arising in 
the first year of the quota/limited entry program. The recommended 
changes are included in Amendment 8 and proposed by these regulations.

Permit Renewal

    Fifteen vessel owners qualified for permits for the 1994 fishing 
year under the limited entry program. Currently, in order to be 
eligible for permit renewal for the 1995 fishing season and beyond, a 
permit holder must make a qualifying landing during 1 of the 2 most 
recent years in which fishing was authorized under the quota management 
program. The intent of the requirement was to ensure that there would 
always be sufficient effort in the fishery to achieve the optimum 
yield. If a permit holder decided not to participate, the permit could 
be made available to someone who would participate. When the limited 
entry program was established, harvest quotas of one million lobsters 
per year were anticipated.
    In 1993, due to low stock abundance, the fishery was closed and no 
one had the opportunity to make a landing. A relatively low initial 
quota of 200,000 lobsters was established for the 1994 season. Under 
the present regulations, four permit holders must fish in 1994 in order 
to be eligible to renew their permits for 1995. This ``use-it-or-lose-
it'' requirement forces their participation in the fishery when it may 
be against their economic interests and unnecessary for purposes of 
achieving optimum yield in the fishery. This situation is likely to 
reoccur whenever the quota is low, which may continue for several years 
due to environmental conditions. For these reasons, Amendment 8 
proposes to eliminate the 2-year landing requirement for permit 
renewal.

Catch-Per-Unit Effort Framework

    Determination of the annual quota depends on research and actual 
catch-per-unit-of-effort (CPUE) data from the fishery. The target CPUE 
presently used in determining the quota is 1.0 animal per trap-haul, 
which is consistent with the estimated maximum sustainable yield (MSY) 
for spiny lobsters of about 1 million animals per year. The MSY was 
based on knowledge of the fishery obtained since 1977 and assumes a 
moderate range of recruitment. However, a significant and sudden 
decline in recruitment occurred in 1991, which, through use of the 
existing target CPUE in the formula required by the FMP, has led to 
very low quotas. This decline is believed to be primarily related to 
environmental change rather than due to overfishing. As more 
information becomes available concerning the productivity of the 
stocks, the relationship of the stocks to the overall marine 
environment, and the response of the stocks to environmental changes, 
it may be appropriate to change the target CPUE figure so that the 
formula will be more reflective of the status of the stocks. Therefore, 
Amendment 8 establishes a framework procedure for considering the best 
available information, and, if appropriate, for changing the target 
CPUE figure in the quota formula by regulation. Other measures 
protecting the resource, such as the overfishing level, size limits, 
prohibition on the retention of berried females, and escape vents, 
would remain unchanged.
    The annual quota determination process provides for the 
announcement of an initial quota after public discussion at a Council 
meeting, then establishment of a final quota based on actual 
performance of the fishery during the first month of the season (July). 
The Council intended the initial quota to be a forecast of what the 
annual quota was likely to be for the year. However, during the first 
full year of quota management, the initial quota was zero, and no 
fishing was allowed. The Council recognizes that a forecast of a zero 
quota is indicative of low recruitment to the stocks. Nevertheless, 
variability in recruitment and the preliminary data that may be 
available in any year to estimate the quota could result in a wide 
disparity between the estimated recruitment and actual recruitment. If 
a fishery were permitted early in the season, the harvest rate could 
substantially change the estimate of abundance and the resultant quota. 
Therefore, Amendment 8 proposes a framework process that would allow 
the Director, Southwest Region, NMFS (Regional Director), with the 
concurrence of the Council, either to close the fishery or allow some 
level of fishing with the intention of collecting fisheries data or 
alleviating special hardships when the forecasted quota is zero. During 
this process, special attention would be paid to confidence intervals 
associated with the estimate and factors that may affect the accuracy 
of the estimate. A decision to allow some level of fishing must include 
a determination that such change will not result in, or substantially 
increase, the risk of overfishing to the stocks.

Reporting Requirements

    Amendment 8 also would modify the reporting requirements to 
facilitate enforcement and the monitoring of landings. The proposed 
amendment would shorten the notification period to at least 24 hours, 
but not more than 36 hours, before returning to port. Vessel operators 
would also be required to notify the Southwest Region, NMFS Office of 
Enforcement, of the location and time of offloading of their catch. 
These changes would help enforcement agents to schedule more 
efficiently dock-side monitoring and enforcement of regulations 
concerning size limits, prohibition of retention of berried lobsters, 
and reporting requirements.
    Amendment 8 would allow further revisions to the reporting 
regulations to be implemented by the Regional Director through 
rulemaking procedures without further amendment to the FMP. This would 
result in improved data collection and enforcement.
    NMFS and the Council are reviewing all notification procedures for 
western Pacific fisheries with the intent of developing a streamlined, 
comprehensive notification procedure.
    The FMP now requires that vessel operators provide sales revenue 
and lobster tail size information through submission of a Transshipment 
and Sales Report. The timeliness and completeness of this report has 
been a problem because vessel operators must rely on information from 
the first-level buyer(s) to complete the report, and this information 
is often not available until after the 72-hour post-landing submission 
deadline. Amendment 8 proposes to retitle the report as the Sales 
Report and modify it to include information identifying the first-level 
buyer(s). The report would be required to be submitted to NMFS within 
72 hours of off loading the lobster from the vessel, rather than within 
72 hours of bringing lobster to shore for the purpose of offloading. If 
the vessel operator is not provided the information in time to meet the 
revised submission deadline, the sales report would not need to contain 
revenue or other sales information.
    The regulations define the first-level buyer as a person who 
purchases, with the intention to resell, management unit species, or 
portions thereof, that were harvested by a vessel that holds a permit 
or that is otherwise regulated under this part; or a person who 
provides recordkeeping, purchase, or sales assistance in the first 
transaction involving management unit species, such as the services 
provided by a wholesale auction facility. While the regulations do not 
require submission of data by first-level buyers, the regulations do 
require first-level buyers to make records of their transactions 
involving management unit species available to authorized officials. 
This is necessary to ensure adequate monitoring of sales and associated 
revenues by product type so that economic conditions in the fishery can 
be evaluated and the effectiveness of management can be determined. The 
reporting burden on the fishermen is reduced by allowing the vessel 
operator to attach sales information provided by the buyer(s), rather 
than the fishermen filling out a separate form. The proposed 
modifications, including requiring information on the number or weight 
of lobster not sold, would also increase the usefulness of the Sales 
Report as a cross-check to verify daily logbook information.

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
regulations proposed by a Council within 15 days of receipt of the 
amendment and regulations. At this time, NMFS has not determined that 
Amendment 8 is consistent with the national standards, other provisions 
of the Magnuson Act, and other applicable law. In making that 
determination, NMFS will take into account the data, views, and 
comments received during the comment period.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    The General Counsel of the Department of Commerce certified to the 
Small Business Administration that this rule, if adopted, will not have 
a significant economic impact on a substantial number of small 
entities. The only increased costs resulting from this rule would be 
additional recordkeeping and reporting, which are minimal. Changes in 
the method of determining the quota may result in some increased 
harvest, and eliminating the landing requirement for permitted vessels 
will remove a regulation that tended to force fishermen to engage in 
unprofitable fishing. As a result, a regulatory flexibility analysis 
was not prepared.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The Daily Lobster Catch Report has been 
previously approved by OMB under OMB No. 0648-0214. The other 
collection of information requirements have been submitted to OMB for 
approval. A notification requirement before offloading of the catch 
would be added. The sales report would be modified by eliminating 
certain data elements. First-level buyers can choose to submit a 
worksheet in lieu of allowing an authorized officer to access, inspect, 
and copy records relating to their sales. For purposes of estimating 
the maximum reporting burden, it is assumed that all 15 permit holders 
will take 4 trips per year. The estimated burden for all of the above 
reports is 5 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to NMFS and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 681

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 3, 1994.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 681 is 
proposed to be amended as follows:

PART 681--WESTERN PACIFIC CRUSTACEAN FISHERIES

    1. The authority citation for part 681 continues to read as 
follows:

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

    2. In Sec. 681.2, the definitions of ``initial quota'' and ``land 
or landing'' are removed, and definitions of ``Council'', ``first-level 
buyer'', ``forecast quota'', ``landing'', ``management unit species'', 
and ``off-loading'' are added, in alphabetical order, to read as 
follows:


Sec. 681.2  Definitions.

* * * * *
    Council means the Western Pacific Fishery Management Council 
established by the Magnuson Act.
* * * * *
    First-level buyer means: (1) The first person who purchases, with 
the intention to resell, management unit species, or portions thereof, 
that were harvested by a vessel that holds a permit under this part or 
that is otherwise regulated under this part; or
    (2) A person who provides recordkeeping, purchase, or sales 
assistance in the first transaction involving management unit species 
(such as the services provided by a wholesale auction facility).
    Forecast quota means the initially determined estimate of the 
allowable number of spiny and slipper lobster (combined) that may be 
caught and retained from permit Area 1 by all permitted vessels in the 
upcoming season.
* * * * *
    Landing means bringing management unit species to shore for the 
purpose of offloading.
* * * * *
    Management unit species means spiny lobster (Panulirus spp.), 
slipper lobster (family Scyllaridae), and Kona crab (family Raninidae).
    Off-loading means removing management unit species from a vessel.
* * * * *
    2. Section 681.5 is amended by revising paragraph (a), the heading 
in paragraph (b), paragraphs (c) and (d), and by adding a new paragraph 
(e) to read as follows:


Sec. 681.5  Recordkeeping and reporting.

    (a) Daily Lobster Catch Report. The operator of any vessel engaged 
in commercial fishing for lobster subject to this part must maintain on 
board the fishing vessel, while fishing for lobster, an accurate and 
complete NMFS Daily Lobster Catch Report on a form provided by the 
Regional Director. All information specified on the form and specified 
in paragraph (b) must be recorded on the form within 24 hours after the 
completion of the fishing day. The Daily Lobster Catch Reports for a 
fishing trip must be submitted to the Regional Director within 72 hours 
of each landing of lobsters.
    (b) Information Requirements for Daily Lobster Catch Report.
    * * *
    (c) Lobster Sales Report. The operator of any vessel engaged in 
commercial fishing for lobster subject to this part must submit to the 
Regional Director, within 72 hours of off-loading of lobster, an 
accurate and complete Lobster Sales Report on a form provided by the 
Regional Director, and attach packing or weighout slips provided to the 
operator by the first-level buyer(s), unless the packing/weighout slips 
have not been provided in time by the buyer(s).
    (d) Information Requirements for Lobster Sales Report. The Lobster 
Sales Report must be signed and dated by the vessel operator and 
include the following information:
    (1) Vessel information.
    (i) Name of vessel.
    (ii) Permit number.
    (2) First-level buyer information.
    (i) Name of first-level buyer(s).
    (ii) Address(es) and phone number(s).
    (3) Landing information.
    (i) Date of off-loading.
    (ii) Port of landing.
    (4) Sales information.
    (i) Total number or weight of spiny lobsters sold and total number 
or weight not sold by product type.
    (ii) Total number or weight of slipper lobsters sold and total 
number or weight not sold by product type.
    (iii) Total number or weight of octopus sold and total number or 
weight not sold by product type.
    (iv) Total number or weight of other fishery products sold and 
total number or weight not sold by product type.
    (v) If available, packing/weighout slip or other sales information, 
including information on revenue by species, product type, and size 
categories.
    (e) Modification of reporting requirements. The Regional Director 
may, after consultation with the Council, initiate rulemaking to modify 
the information to be provided on the Daily Lobster Catch Report or the 
Lobster Sales Report.
    3. Section 681.7 is amended by revising paragraph (b)(5) and by 
adding paragraph (b)(14) to read as follows:


Sec. 681.7  Prohibitions.

* * * * *
    (b) * * *
    (5) Fail to report before landing or off-loading as specified in 
Sec. 681.25.
* * * * *
    (14) Refuse to make available to an authorized officer for 
inspection and copying any records that must be made available in 
accordance with Sec. 681.11.
* * * * *
    4. Section 681.11 is added to subpart A to read as follows:


Sec. 681.11  Availability of records for inspection.

    (a) Upon request, any first-level buyer must allow an authorized 
officer to access, inspect, and copy all records relating to the 
harvest, sale, or transfer of management unit species taken by vessels 
that have permits issued under this part or that are otherwise subject 
to this part, including, but not limited to, information concerning:
    (1) The name of the vessel involved in each transaction and the 
owner or operator of the vessel;
    (2) The amount, number, and size of each species of fish involved 
in each transaction; and
    (3) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (b) This requirement may be met by furnishing the information on a 
worksheet provided by the Regional Director.
    5. Section 681.25 is revised to read as follows:


Sec. 681.25  Notification requirements.

    (a) The operator of any vessel that has on board management unit 
species taken from Permit Area I must:
    (1) Report, not less than 24 hours, but not more than 36 hours, 
before landing, the port, the approximate date and the approximate time 
at which lobsters will be landed; and
    (2) Report, not less than 6 hours and not more than 12 hours before 
offloading, the location and time that offloading of the lobster will 
begin.
    (b) The Regional Director shall notify permit holders of any change 
in the reporting method and schedule at least 30 days prior to the 
opening of the fishing season.
    6. In Sec. 681.30, paragraph (c) is revised to read as follows:


Sec. 681.30  Limited access management program.

* * * * *
    (c) Renewal. Applications for renewal of a limited entry permit for 
the next calendar year must be submitted to the Pacific Area Office by 
December 31.
* * * * *
    7. In Sec. 681.31, paragraphs (a) introductory text and (b) are 
revised; paragraph (d) is redesignated as paragraph (e); and a new 
paragraph (d) is added, to read as follows:


Sec. 681.31  Quota management program.

    (a) A forecast quota and a final quota will be set annually. The 
final quota for a calendar year shall:
* * * * *
    (b) Forecast quota. (1) The Regional Director shall use information 
in commercial fishing logbooks from previous years, and may use 
information from research sampling and other sources, to establish the 
forecast quota, applying the quota formula of the fishery management 
plan.
    (2) The Assistant Administrator shall publish notification of the 
forecast quota in the Federal Register by February 15 each year, and 
shall use other means to notify permit holders of the forecast quota 
for the year.
    (3) If the forecast quota determined by the Regional Director and 
noticed in the Federal Register is zero, the Regional Director shall 
refer the question to the Council for discussion at its next meeting.
    (4) The Council's notice of the agenda for its next meeting will 
specifically indicate that the Council will discuss the forecast quota 
with the Regional Director, and may make recommendations that would 
allow some level of fishing during July.
    (5) At its meeting, the Council will review the statistical 
information supporting the determination of the forecast quota. Special 
attention will be paid to confidence intervals associated with the 
estimate, and factors that may affect the accuracy of the estimate 
(e.g., the quota formula depends heavily on fishery data from the 
preceding year.) If anomalous conditions existed (e.g., low 
participation by the fleet, incomplete coverage of the archipelago, 
adverse weather conditions or other environmental conditions affecting 
catchability), then commercial catch-per- unit-of-effort (CPUE) may not 
be representative of lobster abundance and a forecast quota of zero may 
be overly conservative. The Council will ask its Crustaceans Plan Team, 
Scientific Committee, and Advisory Panel for advice, and will decide 
whether to recommend allowing some level of fishing to collect fishery 
data on which to base the final quota.
    (6) If the Council agrees to recommend a different forecast quota, 
or allow some level of fishing to collect fishery data, the Council 
will submit this request to the Regional Director with documentation 
supporting its recommendation. The Council may recommend that the 
fishery be opened for a limited period of time and recommend additional 
measures to restrict effort or catch during that time period. The 
request must be accompanied by an analysis of how the Council's 
recommendation would affect the risk of overfishing of the stocks.
    (7) If the Regional Director determines that the Council's 
recommendation will not result in or substantially increase the risk of 
overfishing and concurs in part or all of the Council's recommendation, 
a notice will be published in the Federal Register indicating the 
approved change in the forecast quota or other restricted fishing 
conditions and summarizing the information supporting this change, 
including a determination that such change will not result in or 
substantially increase the risk of overfishing to the stocks.
    (8) If the Regional Director does not concur, a written explanation 
of the reasons for rejecting the Council's recommendation will be 
provided.
* * * * *
    (d) Quota formula review. (1) The Crustaceans Plan Team shall 
annually report to the Council whether the target CPUE in the quota 
formula is consistent with the estimation of the MSY for the stocks, 
given the results of any new research concerning the productivity of 
the stocks.
    (2) The Plan Team shall indicate whether a change in the target 
CPUE will result in quota determinations that would more precisely 
reflect the status and long-term productivity of the stocks.
    (3) If the Plan Team indicates a change in the target CPUE is 
appropriate, the Plan Team shall indicate the proposed target CPUE, the 
data that support a change in the target CPUE, and the impacts and 
implications of the change, including the risk of overfishing.
    (4) The Council shall consider any such recommendation at its next 
meeting. The notice to the public of the meeting shall specifically 
state that the Council may take action to recommend a change in the 
target CPUE and shall indicate that a portion of the meeting will be 
open to public comment on the issue.
    (5) At its meeting, the Council shall review the statistical 
information supporting the change in the target CPUE and shall ask its 
Scientific and Statistical Committee and Advisory Panel for advice.
    (6) If the Council agrees to recommend a different target CPUE, the 
Council shall submit this request to the Regional Director with 
documentation supporting its recommendation. The request must be 
accompanied by an analysis of how the Council's recommendation will 
affect the risk of overfishing the stocks.
    (7) If the Regional Director determines that the Council's 
recommendation will not result in or substantially increase the risk of 
overfishing and concurs, a proposed rule will be published in the 
Federal Register to implement the recommended change in the target 
CPUE.
    (8) Following a 30-day comment period, the Regional Director will 
consider the information submitted by the Council and comments 
submitted during the comment period and determine whether the 
recommended change in the target CPUE is consistent with the objectives 
of the FMP and will achieve optimum yield and prevent overfishing. If 
so, a final rule will be published in the Federal Register implementing 
the new target CPUE.
    (9) If the Regional Director concludes that the recommended change 
in the target CPUE should not be approved, the Council will be notified 
in writing, explaining the reasons for the disapproval.
[FR Doc. 94-19341 Filed 8-4-94; 2:30 pm]
BILLING CODE 3510-22-F