[Federal Register Volume 59, Number 217 (Thursday, November 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27840]


[[Page Unknown]]

[Federal Register: November 10, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 681

[Docket No. 940818-4301; I.D. 072094A]
RIN 0648-AF82

 

Western Pacific Crustacean Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to implement selected measures of 
Amendment 8 to the Fishery Management Plan for the Crustacean Fisheries 
of the Western Pacific Region (FMP). The rule eliminates a 2-year 
landing requirement for permit renewal, which had an unintended 
detrimental effect on lobster fishery permit holders. The rule also 
modifies existing notification and reporting procedures. The 
implemented changes are intended to improve administration, monitoring, 
and enforcement of the fishery.

EFFECTIVE DATE: December 12, 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 (WPFMC), 1164 
Bishop St., Suite 1405, Honolulu, HI 96813.
    Comments on the information collection should be sent to the 
Director, Southwest Region, NMFS, 501 W. Ocean Blvd., Long Beach, CA 
90802-4213, 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: Ms. Kitty M. Simonds, WPFMC, at (808) 
522-8220; Mr. Svein Fougner, NMFS, at (310) 980-4034; or Mr. Alvin Z. 
Katekaru, NMFS, at (808) 973-2937.

SUPPLEMENTARY INFORMATION: The WPFMC developed Amendment 8 to the FMP 
and submitted it to NMFS for approval. A proposed rule to implement 
Amendment 8 was published in the Federal Register on August 9, 1994 (59 
FR 40515). The proposed rule provided background on the following 
provisions of Amendment 8: (1) Removing the requirement for a vessel to 
land at least four lobsters for each trap normally used during 1 of the 
2 most recent years in which fishing was allowed as a condition of 
permit renewal; (2) establishing a framework procedure for reviewing, 
with the possibility of changing, the target catch-per-unit-of effort 
(CPUE) used in the formula to derive the quota for the fishery from 1.0 
lobster per trap-haul to a number that is more reflective of the 
current status of the lobster resource; (3) establishing a framework 
procedure authorizing, under some circumstances, fishing for the 
purposes of obtaining fisheries data or alleviating economic hardship, 
when the initial quota is zero; (4) requiring vessel owners to notify 
NMFS of the location and time of offloading of their catch; and (5) 
requiring information from the first-level buyer to be attached to the 
Sales Report, if available, and requiring first-level buyers to make 
records of their transactions involving management unit species 
available to authorized officials.
    The measures establishing framework procedures for the review and 
possible change of the target level of the CPUE in the model used to 
calculate the annual quota and to allow fishing under some 
circumstances when the initial quota is zero (numbers 2 and 3 above) 
have been disapproved by NMFS. These two measures are neither necessary 
nor appropriate for conservation and management of the fishery as 
required by section 303(a)(1)(A) of the Magnuson Act.
    There has been a substantial decrease in recruitment to the lobster 
fishery. This, the total closure of the fishery during the 1993 season, 
and the great difference between the initial quota and the final quota 
during the 1994 season has prompted a complete review of the model used 
to determine the annual quotas and the quota system in general. For 
this reason, the provision allowing changes in the target CPUE pursuant 
to framework procedures is premature. Any change in the model should be 
postponed until an analysis of the model is available.
    The purposes of the framework procedure under which fishing might 
be allowed when the initial quota is zero are to obtain fisheries data 
or to relieve economic hardship. The proposal to consider allowing 
fishing to relieve economic hardship is ambiguous because the term 
``economic hardship'' is not defined. Without defining the term, it is 
unclear how and when allowing fishing would be considered and how it 
would meet the goals of the FMP. Allowing fishing to collect data 
duplicates section 681.26 of the implementing regulations regarding 
experimental fishing. Issuing experimental fishing permits is an 
effective way of allowing fishing that ordinarily would not be 
permitted so that fisheries data can be collected. The other provisions 
of Amendment 8 have been approved.

Comment and Response

    Only one comment was received on the proposed rule.
    Comment: One individual commented that eliminating the landing 
requirement gives the resource in perpetuity to those who currently 
hold permits. He felt the point system for new entry should be 
maintained. The holders of these permits may or may not view the 
fishery as a long-term trust. This commenter also indicated it was a 
mistake to allow the transfer of permits given that carrying capacity 
now exceeds the capacity of the resource.
    Response: The issues of maintaining the point system or not 
allowing the transfer of permits are not within the scope of Amendment 
8.
    Nevertheless, the landing requirement, coupled with transferable 
limited entry permits, was intended to ensure that there always would 
be sufficient capacity to harvest the optimum yield. The number of 
permitted vessels was based on an assumption of stable recruitment and 
would provide the greatest economic return from the fishery. Presently, 
productivity of the resource is low and the harvesting capacity of the 
fleet is greater than needed; however, the Council did not propose 
changing the number of permits allowed in the fishery. There are 
numerous restrictions to protect the resource, including size limits, a 
closed season, protection of berried females, and a quota based on 
productivity of the resource. When productivity is low, the quota is 
low.
    Eliminating the landing requirement relieves vessel owners from 
fishing for lobster when investing fishing effort would be poor 
business; therefore, an unforeseen and unintended economic burden will 
be removed. The point system has not resulted in and would not be 
expected to result in new entry. Permits are transferable, and permit 
holders would likely transfer permits rather than forfeit them. In 
addition, at low quota levels, there may be risks of overrunning the 
quota before the fishery can be closed.

Changes From the Proposed Rule

    The changes in the Quota Management Program (Sec. 681.31) described 
in the proposed rule have not been approved; therefore, those revisions 
have been dropped from the final rule and Sec. 681.31 remains 
unchanged. Also in the final rule, the definition of ``forecast quota'' 
is not added to replace the definition of ``initial quota'' because 
this was intended to implement one of the disapproved measures. No 
other changes were made to the proposed rule.

Classification

    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The collection of this information has 
been approved by the OMB under OMB Control Number 0648-0214. A 
notification requirement before offloading of the catch is added. The 
existing sales report is 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. The estimated total reporting burden (assuming that all 15 
permit holders will take 4 trips per year) is estimated at 5 minutes 
per response. This includes 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, Reporting and recordkeeping requirements.

    Dated: November 4, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 681 is 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 definition of ``Land or Landing'' is removed, 
and definitions of ``Council'', ``First-level buyer'', ``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).
* * * * *
    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.
* * * * *
    3. 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 
onboard 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) of this section 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.
    4. 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.
* * * * *
    5. 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.
    6. 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.
    7. 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.
* * * * *
[FR Doc. 94-27840 Filed 11-9-94; 8:45 am]
BILLING CODE 3510-22-W