[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