[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6577-6578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3779]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 681

[Docket No. 960212026-6026-01; I.D. 020296A]
RIN 0648-XX44


Western Pacific Crustacean Fisheries; 1996 Initial Quota

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

ACTION: Initial quota for crustaceans for 1996.

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SUMMARY: NMFS announces a 1996 initial quota of 143,863 lobsters for 
the Northwestern Hawaiian Islands (NWHI) crustacean fishery. The quota 
was calculated according to the formula in Amendment 7 to the Fishery 
Management Plan for the Crustacean Fisheries of the Western Pacific 
Region (FMP). The final quota for the 1996 fishing year, which begins 
July 1, 1996, will be announced after the first month of fishing.

EFFECTIVE DATE: Effective July 1, 1996.

ADDRESSES: Copies of Amendment 7 and the associated background material 
for determining the quota may be obtained from Ms. Kitty Simonds, 
Executive Director, Western Pacific Fishery Management Council 
(Council), 1164 Bishop Street, Suite 1405, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Mr. Svein Fougner, 310-980-4034; Mr. 
Alvin Z. Katekaru, 808-973-2985; or Ms. Kitty Simonds, 808-522-8220.

SUPPLEMENTARY INFORMATION: The crustacean fisheries of NWHI are managed 
by the Secretary of Commerce (Secretary) according to the FMP, which 
was prepared by the Council under the authority of the Magnuson Fishery 
Conservation and Management Act. Regulations affecting the U.S. fishery 
are at 50 CFR part 681. 

[[Page 6578]]

    The annual quota for the crustacean fishery is announced in two 
steps. First, based on previous years' fishery data, sampling during 
research cruises, and other available data, the Director, Southwest 
Region, NMFS (Regional Director) determines an initial quota, which is 
announced in the Federal Register by NMFS. A population model by which 
the quota is determined is described in Amendment 7 to the FMP. The 
final quota for the year is then determined based on the initial quota, 
adjusted after consideration of actual commercial fisheries data 
collected during the first month of fishing. These actual catch and 
effort data, in conjunction with the previous information, provide an 
additional indicator of the status of the lobster stocks in NWHI. 
Amendment 7 provides that an annual quota be set at a level permitting 
an average catch per unit of effort (CPUE) of 1.0 for the fleet. The 
Regional Director has used the formula in Amendment 7 to set an initial 
quota for 1996 of 143,863 lobsters (spiny and slipper lobster 
combined). The final quota, to be announced in the Federal Register as 
soon as practicable after August 15, 1996, may increase or decrease 
substantially from the initial quota. The Southwest Region, NMFS, will 
monitor landings against the quota and issue timely reports of summary 
data. The Southwest Region also will promptly notify participants in 
the fishery of any changes in the fishery; however, participants are 
advised to contact the Southwest Region (see ADDRESSES) periodically to 
stay abreast of any change in the quota and progress of the fishery 
toward attaining the quota. Under the procedures in 50 CFR 681.31(c), 
NMFS will announce the date upon which the quota will be reached or 
exceeded and close the fishery.
    A proposed Amendment 9 to the FMP has been prepared by the Council. 
The amendment proposes changes in the quota-setting procedure that, if 
approved by the Secretary and implemented, would affect the 1996 
fishery. The amount, size, and condition of lobster that may be 
harvested also would change if Amendment 9 is approved and implemented. 
Amendment 9 would be implemented by notice-and-comment rulemaking, so 
fishermen would be notified of any changes made to the regulations 
governing the 1996 fishery and the associated harvest limit.

Classification

    This action is authorized by 50 CFR part 681 and is exempt from 
review under E.O. 12866.
    The Assistant Administrator for Fisheries (AA), NOAA, finds that 
since this notice merely announces a quota resulting from the 
nondiscretionary application of the objective quota formula in 
Amendment 7 to the FMP, no useful purpose would be served by providing 
prior notice and opportunity for public comment. Accordingly, the AA 
finds good cause under 5 U.S.C. 553(b)(B) to waive as unnecessary the 
requirement to provide prior notice and opportunity for public comment.

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

    Dated: February 14, 1996.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-3779 Filed 2-15-96; 11:20 am]
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