[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Proposed Rules]
[Pages 43106-43107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20554]



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DEPARTMENT OF COMMERCE
50 CFR Part 683

[Docket No. 950803202-5202-01; I.D. 070395C]
RIN 0648-AH48


Western Pacific Bottomfish Fisheries; Enforcement of Permit 
Requirements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would make minor changes to 
regulations implementing the Fishery Management Plan for the Bottomfish 
Fisheries of the Western Pacific Region. In addition to some technical 
changes, operators of bottomfish vessels would be required to display 
their official number to enhance enforcement, and fish dealers would be 
required to make available to authorized officers records that are 
required by state law regarding sales of fish to facilitate monitoring 
of the fishery. These changes are intended to make existing regulations 
clearer and more effective.

DATES: Comments will be accepted until October 16, 1995.

ADDRESSES: Comments should be sent to Ms. Hilda Diaz-Soltero, Director, 
Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: James Morgan, 310-980-4036; or
    Alvin Z. Katekaru, 808-973-2985.

SUPPLEMENTARY INFORMATION: At the September 1994 meeting of the Western 
Pacific Fishery Management Council (Council), the NMFS Office of 
Enforcement, Southwest Region, recommended changes to the regulations 
for the bottomfish fisheries for the purpose of clarifying the 
requirements. The Council approved those changes and recommended that 
NMFS amend the existing regulations. The proposed changes are as 
follows:
    1. List in the prohibitions section of the regulations that fishing 
without a permit in the Mau Zone of the Northwestern Hawaiian Islands 
is unlawful. A permit is required for both the Ho'omalu and Mau zones; 
however, only the Ho'omalu Zone is mentioned in the prohibitions 
section at Sec. 683.6. Mentioning the Mau Zone in the prohibitions 
section would correct an oversight. 2. Require operators of bottomfish 
vessels to display their official numbers. Operators of vessels fishing 
in the crustacean and pelagic fisheries of the western Pacific are 
required to display their official numbers; however, this requirement 
was overlooked in the bottomfish fishery. Displaying the official 
number would help enforcement officers to identify fishing vessels, 
thereby minimizing radio contact and time on scene by air or ship while 
enforcing the regulations.
    3. Require any person, such as fish dealers, to make available to 
authorized officers records that are required by state law regarding 
sales of fish. Current regulations at Sec. 683.4(c) require fishermen 
and fish dealers to submit to 

[[Page 43107]]
the appropriate state agency all reports required by that state. A new 
paragraph is proposed to be added that would require fish dealers to 
make state reports available to authorized officers for inspection. 
This would facilitate monitoring of the fishery.
    4. Several editorial changes to the regulations would also be made 
for the purposes of clarity.

Classification

    This action is taken under authority of the Magnuson Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq. This action has 
been determined to be not significant for the purposes of E.O. 12866. 
The Assistant General Counsel of the Department of Commerce certified 
to the Chief Counsel for Advocacy of the Small Business Administration 
that this proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The only 
costs are minimal costs of allowing access to fish reports required by 
the State, and a small additional cost to fishermen related to the 
requirement to paint the official number on each vessel. As a result, a 
regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 683

    Administrative practice and procedure, Fisheries, Reporting and 
recordkeeping requirements.

    Dated: August 11, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 683 is 
proposed to be amended as follows:

PART 683--WESTERN PACIFIC BOTTOMFISH AND SEAMOUNT GROUNDFISH 
FISHERIES

    1. The authority citation for part 683 continues to read as 
follows:

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

    2. In Sec. 683.2, the definition of ``Council'' is revised to read 
as follows:


Sec. 683.2  Definitions.

* * * * *
    Council means the Western Pacific Fishery Management Council, 1164 
Bishop Street, Suite 1405, Honolulu, HI 96813, 808-522-8220.
* * * * *
    3. In Sec. 683.4, paragraph (d) is added to read as follows:


Sec. 683.4  Recordkeeping and reporting.

* * * * *
    (d) Any person who is required by State laws and regulations to 
maintain records of landings and sales for vessels regulated by this 
part, shall make those records immediately available for Federal 
inspection and copying upon request by an authorized officer.
    4. In Sec. 683.6, paragraphs (i) and (j) are amended by removing 
the word ``fishing'' and replacing it with the word ``fish''; and 
paragraphs (f) through (k) are redesignated as paragraphs (g) through 
(l), respectively, and paragraphs (f), (m), and (n) are added to read 
as follows:


Sec. 683.6  Prohibitions.

* * * * *
    (f) Fish for bottomfish in the Mau Zone without a permit issued 
under Sec. 683.21.
* * * * *
    (m) Fail to affix and maintain vessel markings, as required by 
Sec. 683.9.
    (n) Refuse to make available to an authorized officer for 
inspection any records that must be made available in accordance with 
Sec. 681.4.
    5. Sections 683.9 and 683.10 are redesignated as Secs. 683.10 and 
683.11, respectively, and a new Sec. 683.9 is added as follows:


Sec. 683.9  Vessel identification.

    (a) Official number. Each fishing vessel subject to this part must 
display its official number on the port and starboard sides of the 
deckhouse or hull, and on an appropriate weather deck so as to be 
visible from enforcement vessels and aircraft.
    (b) Numerals. In each of the three locations specified in paragraph 
(a), the official number must appear in block Arabic numerals at least 
18 inches (45.7 cm) in height for fishing vessels of 65 feet (19.8 m) 
in length or longer, and at least 10 inches (25.4 cm) in height for 
other vessels. Markings must be legible and of a color that contrasts 
with the background.
    (c) Duties of operator. The operator of each fishing vessel subject 
to this part must--
    (1) Keep the displayed official number clearly legible and in good 
repair; and
    (2) Ensure that no part of the vessel, its rigging, or its fishing 
gear obstructs the view of the official number from an enforcement 
vessel or aircraft.


Sec. 683.29  [Amended]

    6. In Sec. 683.29, paragraph (a) is amended by removing the 
telephone number ``808-955-8831'' and adding, in its place ``808-973-
2939''.
[FR Doc. 95-20554 Filed 8-17-95; 8:45 am]
BILLING CODE 3510-22-F