[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Proposed Rules]
[Pages 15452-15457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8767]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 681

[Docket No. 960401094-6094-01; I.D. 022296D]
RIN 0648-AI32


Western Pacific Crustacean Fisheries; Amendment 9

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 to implement Amendment 9 to the 
Fishery Management Plan for the Crustacean Fisheries of the Western 
Pacific Region (FMP). The rule would establish a new annual harvest 
limitation program for the Northwestern Hawaiian Islands (NWHI) lobster 
fishery based on the status of stocks and an explicit level of risk of 
overfishing. This would eliminate operational problems with the current 
quota system. Current prohibitions on retaining juvenile lobsters and 
berried lobsters would be eliminated. The rule would establish 
framework procedures to implement regulatory changes if needed in the 
future. The rule is intended to maintain the productivity of the stocks 
while providing a reasonable opportunity for permit holders to 
participate in the fishery and to maintain their markets. The changes 
also would improve the

[[Page 15453]]
administration of the management program and improve enforcement 
efforts.

DATES: Written comments must be received by May 23, 1996.

ADDRESSES: Copies of Amendment 9 and the associated environmental 
assessment and Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (IRFA) may be obtained from Kitty M. Simonds, Executive 
Director, Western Pacific Fishery Management Council (Council), 1164 
Bishop St., Suite 1405, Honolulu, HI 96813.
    Comments on the proposed rule should be sent to Hilda Diaz- 
Soltero, Director, Southwest Region, NMFS (Regional Director), 501 West 
Ocean Boulevard, Suite 4200, Long Beach, CA 90802. Send comments on the 
modifications to approved collection-of-information requirements to the 
Regional Director and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, ATTN: Paperwork Reduction 
Project 0648-0204 and 0648-0214, Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds at (808) 522-8220; 
Svein Fougner at (310) 980-4034; or Alvin Z. Katekaru at (808) 973-
2985.

SUPPLEMENTARY INFORMATION: The FMP was originally approved in 1983 and 
governs fishing for spiny and slipper lobster in the NWHI. The FMP 
originally included a variety of measures that have traditionally been 
used in crustacean fisheries, including size limits, a ban on retention 
of berried female lobsters, area closures, and escape vents for 
sublegal lobsters. At that time, the stock was estimated to be able to 
support a fishery of one million or more lobsters per year.
    The FMP has been amended eight times as more information has become 
available and problems in the fishery have been identified. In 1992, 
through Amendment 7, an annual quota, closed season, and limited entry 
program were established (57 FR 10437, March 26, 1992) in response to a 
dramatic decline in lobster landings and catch-per-unit effort (CPUE) 
from 1990 through 1991. The annual quota is derived by a formula that 
reflects a ``constant escapement'' management goal; that is, the 
harvest is limited to the surplus above a given ``optimum'' biomass of 
about 1.4 million lobsters. Amendment 8 to the FMP, which NMFS approved 
in 1994, eliminated a landing requirement for permit renewal and 
modified notification and reporting procedures (Final rule, 59 FR 
56004, November 10, 1994).
    Amendment 9 is the result of a comprehensive review by NMFS of the 
quota-setting procedure established under Amendment 7. The review was 
prompted by the difficulties in implementing the current annual quota 
process and because information suggests that the overall productivity 
of lobster stocks might be significantly lower than estimated in the 
late 1970s and early 1980s. There appear to have been major 
environmental shifts that have reduced overall marine resource 
productivity in the NWHI, as declines similar to that seen in lobster 
stocks are seen in sea bird populations as well as in Hawaiian monk 
seals. Fishing mortality also is believed to have impacted lobster 
productivity.
    Scientists from the NMFS Honolulu Laboratory, Southwest Fisheries 
Science Center, thoroughly reviewed the lobster stock model and 
analyzed three alternative harvest policies for establishing an annual 
quota or harvest guideline: Constant escapement, constant catch, and 
constant harvest rate. Details of this analysis are contained in 
Appendix 4 of Amendment 9.
    On August 9, 1995, the Council approved Amendment 9, which was 
received by NMFS on February 21, 1996. NMFS will approve, disapprove, 
or partially disapprove Amendment 9 by May 24, 1996. See the Notice of 
Availability published on February 22, 1996 (61 FR 7771). Amendment 9 
includes the following measures:
    1. Establish an annual harvest guideline based on a constant 
harvest rate and a specific level of risk of overfishing. Under the 
constant harvest rate policy, the harvest guideline, which is expressed 
in terms of the total number of lobsters (spiny and slipper combined), 
would be proportional to the estimated exploitable population size. 
Harvest guidelines would be raised or lowered as the stock increased or 
decreased, capitalizing on strong years and offering greater protection 
during less productive periods. Under the proposed alternative, the 
projected average catch would be 288,000 lobsters with a CPUE of 1.2 
lobsters (total) and an average Spawning Potential Ratio (SPR) of 0.5 
(the overfishing level is 0.20 SPR).
    The Council initially voted on a range of acceptable risk levels of 
overfishing (7.5-10.0 percent) on which to base the annual harvest 
guideline. The Council subsequently clarified its position (via fax on 
November 2, 1995) and selected 10 percent as the risk level to be 
applied by the Regional Director to determine the annual harvest 
guideline. The Council believes that this is consistent with its 
Scientific and Statistical Committee's (SSC) view that, with the 
conservative nature of the harvest guideline and stock model, a 10 
percent level of risk of dropping below the 0.2 SPR threshold for 
overfishing in any given year is biologically acceptable. The Council 
and its SSC believe this presents an extremely low risk of overfishing 
the NWHI lobster stocks. Accordingly, the Council has concluded that 
the constant harvest rate strategy is risk averse, which is consistent 
with the prevention of overfishing as mandated by the Magnuson Fishery 
Conservation and Management Act (Magnuson Act).
    The harvest guideline would be determined by the Regional Director. 
The harvest guideline would be published in the Federal Register no 
later than March 31 each year, and the Regional Director would directly 
notify each permit holder of the harvest guideline by mail or by phone. 
The harvest guideline would be used as an objective, but the Regional 
Director would be expected to close the fishery as close as practicable 
to the date on which the harvest guideline is projected to be reached 
based on a continuing review of catch and effort data provided by 
permit holders.
    2. Allow the retention of egg-bearing (``berried'') female lobsters 
and eliminate size limits. The FMP and implementing regulations 
prohibit fishers from retaining berried lobsters or lobsters with a 
tail width of less than 50 mm. While definitive data are not available, 
there is good reason to believe that the mortality of small and berried 
lobsters that are caught and released is very high. The lobsters share 
the NWHI with large and relatively lightly fished stocks of predators 
including snappers, jacks, and octopus. The NMFS Honolulu laboratory 
has documented on videotape predation on released lobsters from a 
research vessel. Common fishing practices result in lobsters being out 
of the water for periods of 30 minutes or more. Lobsters may die from 
exposure on a vessel, may be injured in handling and not be able to 
recover after release, or may suffer mortality from predation upon 
release. The members of the SSC agreed that mortality is probably high, 
and concluded that a 75 percent mortality rate was appropriate for 
modeling the effects of incidental mortality under different management 
strategies and risk levels. The SSC noted that the retention of all 
lobsters was beneficial when the mortality rate was higher than 25 
percent.
    The Council discussed the issues and concluded it would like to 
minimize the waste associated with handling and release mortality by 
eliminating the

[[Page 15454]]
prohibitions on retention of small or berried lobsters. Therefore, 
Amendment 9 would allow, but not require, retention of small and 
berried lobsters. The existing escape vent requirement would remain in 
place to minimize the harvest of immature lobsters in the fishery.
    The Council believes that the potential for highgrading (i.e., the 
retention of only more valuable lobsters in the total catch) is low 
when there are two or more permit holders competing for the harvest 
guideline. Since this is a derby fishery, in which the permit holders 
fish as quickly as possible without trip or vessel limits, a permit 
holder who chooses not to retain all of the catch provides a greater 
opportunity for competitors to increase their portion of a fixed 
harvest limit. Since NMFS expects that few (if any) vessels will carry 
observers, estimates of highgrading will be made using catch and effort 
data. If these data indicate that juvenile or berried lobsters are not 
being landed (but instead being discarded), NMFS will account for such 
discards in calculating the subsequent year's harvest guideline. 
Therefore, highgrading would result in a decrease in the following 
year's harvest guideline.
    NMFS recognizes that the retain-all strategy is a new approach to 
the management of lobster. Success of this approach depends on the 
actual mortality of discarded lobsters and how well uncertainties about 
the actual mortality are taken into account. Likewise, if significant 
highgrading occurs, the benefits gained from a retain-all approach 
could be substantially reduced. In view of these uncertainties, NMFS 
specifically requests comments on the proposed elimination of the size 
limits and of the prohibition on retaining berried females. NMFS also 
specifically requests comments on the potential for, and possible 
problems resulting if, there is significant highgrading.
    3. Eliminate the in-season quota adjustment. Under the current 
system, NMFS announces an initial quota in February and announces a 
final quota as soon as practicable after the first month of fishing. 
The in-season quota adjustment has proven to be unworkable, given the 
extreme sensitivity of the quota formula to changes in CPUE. For 
example, in 1994, the initial quota was 200,000 lobsters, but after 
applying the CPUE from the first month of fishing to the formula in the 
FMP, NMFS calculated the final quota to be only 20,000 lobsters. The 
fishery was closed by emergency action because the actual catch had 
already exceeded the final quota by the time the final quota was 
determined. The formula used to derive the initial quota reduces 
variability through the use of a long time-series of data; however, 
using data from the first month of fishing to derive the final quota 
reintroduces variability. Under Amendment 9, the harvest guideline 
would be set once annually and not be adjusted during the year.
    4. Authorize the Regional Director to close the fishery. The 
regulations do not now authorize closure of the fishery by direct 
notice to the permit holders. Therefore, there can be considerable 
delay between determination of the likely date the fishery would be 
expected to reach its harvest limit and the actual publication of a 
document in the Federal Register. The Council concluded that the 
fishery is sufficiently small (there are only 15 persons with limited 
entry permits) that direct notice to permit holders by telephone or 
radio would be feasible and would provide the most effective means of 
ensuring timely closure of the fishery with minimal likelihood of 
premature or late closure.
    5. Establish broad framework procedures for future regulatory 
changes. The FMP currently has framework procedures dealing with 
protected species conservation, and the annual harvest guideline is set 
under a specific framework (i.e., formula). The Council concluded that 
flexibility to consider future changes in management measures under 
broad framework procedures would be advantageous, rather than relying 
on the lengthy procedures of the FMP amendment process. In the 
Council's view, the new framework procedures of Amendment 9 would 
provide a mechanism for more rapid response to new information than 
would the FMP amendment process.
    6. Conduct a 5-year review of the new program. The Council is aware 
that the proposed new management approach of Amendment 9 would be a 
unique approach for crustacean fishery management and warrants a 
complete review of effectiveness. There would be an annual stock 
assessment and annual report on the fishery, but the overall management 
program should be evaluated to determine how the stocks and the permit 
holders have been affected. Therefore, Amendment 9 would commit the 
Council to a full review of the program in 5 years.
    This proposed rule would eliminate the requirement that fishers 
notify NMFS in advance of plans to embark on each fishing trip, so that 
NMFS may place observers on the fishing vessel. Although the single 
vessel fishing in 1994 under an Experimental Fishing Permit carried a 
NMFS observer, NMFS lacks the resources to send observers on lobster 
trips on a regular basis. Therefore, NMFS proposes to relieve fishermen 
of the burden of reporting each trip in advance. This proposal accords 
with President Clinton's directive that agencies reduce public 
reporting requirements.
    No substantive changes were made in the proposed regulations as 
submitted by the Council. The proposed rule includes some technical 
changes to the current regulations. These include changes in the 
definitions for clarity, eliminating the permit renewal process as 
permits would not have a fixed expiration date, authorizing any NMFS 
employee designated by the Regional Director to access sales data, and 
removing gender specific language.

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 9 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 proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA as part of the regulatory impact 
review, which describes the impact this proposed rule would have on 
small entities, if adopted. To the extent there are impacts, they are 
expected to be beneficial. Under the proposed harvest guideline, there 
will likely be fewer years in which the fishery is closed. The proposed 
harvest strategy would eliminate the prohibitions on retaining small or 
berried lobsters. The increased harvest guideline and reduction in 
costs may result in a substantial increase of gross annual revenues. 
All vessels in this fishery (15 vessels have permits) are considered 
small entities. No new reporting, recordkeeping, or compliance 
requirements would be imposed by this rule. No Federal rules are known 
to duplicate, overlap, or conflict with this rule. The reasons for, 
objectives of, and legal basis for this rule are described elsewhere in 
this preamble. Multiple alternatives are analyzed in the IRFA. A copy 
of the IRFA is available from, and public comments on the IRFA may be 
sent to, the Council (see ADDRESSES).

[[Page 15455]]

    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection-of-information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number.
    This rule includes a reduction in collection-of-information 
requirements subject to the Paperwork Reduction Act. The current rule, 
which was approved by the Office of Management and Budget (OMB) under 
OMB Control No. 0648-0204, requires that permits be renewed annually. 
Under the proposed rule, permits would be effective until modified, 
suspended, or revoked. It would be the responsibility of the permit 
holder to advise NMFS of any changes in permit information such as 
change of ownership or the vessel covered by the permit. The estimated 
burden would decrease from one-half hour per year to one-half hour per 
3 years. Vessel owners also would no longer be required to notify NMFS 
prior to departing on each fishing trip, a requirement approved by OMB 
under OMB Control No. 0648-0214. This would reduce the estimated burden 
by 5 minutes per vessel per trip, or up to 30 minutes per year. The 
total burden is estimated to decrease by about 10 hours per year. A 
request for approval of this modification is being submitted to OMB for 
approval. Send comments regarding these burden estimates or any other 
aspect of these collection-of-information requirements, including 
suggestions for reducing the burden, to the Regional Director and to 
OMB (see ADDRESSES).
    The Southwest Region, NMFS, has initiated formal consultation under 
section 7 of the Endangered Species Act to consider the possible 
impacts of the fishery, as it would operate under the proposed rule, on 
Hawaiian monk seals and other listed species and listed critical 
habitat. The results of the consultation will be considered in 
determining whether to approve the proposed amendment.

List of Subjects in 50 CFR Part 681

    Fisheries, Reporting and recordkeeping requirements.

    Dated: April 4, 1996.
Gary Matlock,
Program Management Officer, 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 ``Carapace length'', ``Final 
quota'', ``Initial quota'', ``Processing'', ``Processor'', ``Receiving 
Vessel'', ``Tail width of slipper lobster'', ``Tail width of spiny 
lobster'', and ``U.S.-harvested lobster'' are removed; the definition 
of ``Harvest guideline'' is added in alphabetical order, and the 
definition of ``Slipper lobster'' is revised to read as follows:


Sec. 681.2  Definitions.

* * * * *
    Harvest guideline means a specified numerical harvest objective.
* * * * *
    Slipper lobster means any crustacean of the family Scyllaridae.
* * * * *
    3. In Sec. 681.4, paragraphs (b)(2), (d), and (f) are revised, 
paragraph (g) is removed, paragraphs (h) through (l) are redesignated 
as paragraphs (g) through (k) respectively, to read as follows:


Sec. 681.4  Permits.

* * * * *
    (b) * * *
    (2) Each application must be submitted on a Southwest Region 
Federal Fisheries application form obtained from the Pacific Area 
Office containing all the necessary information, attachments, 
certification, signature, and fees.
* * * * *
    (d) Change in application information. Any change in information on 
the permit application form submitted under paragraph (b)(2) of this 
section must be reported to the Pacific Area Office at least 10 days 
before the effective date of the change. Failure to report such change 
is a basis for permit sanctions.
* * * * *
    (f) Expiration. Permits issued under this section will remain valid 
indefinitely unless transferred, revoked, suspended, or modified under 
15 CFR part 904.
* * * * *
    4. In Sec. 681.5, paragraphs (b) and (d) are removed, paragraphs 
(c) and (e) are redesignated as paragraphs (b) and (c) respectively, 
and paragraph (a) and newly redesignated (b) are revised 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, which has 
been approved under the Paperwork Reduction Act, 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) 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 weigh-out slips provided to 
the operator by the first-level buyer(s), unless the packing/weigh-out 
slips have not been provided in time by the buyer(s). The form, which 
has been approved under the Paperwork Reduction Act, must be signed and 
dated by the vessel operator.
* * * * *
    5. In Sec. 681.7, paragraphs (a)(5), (b)(2) through (b)(4) are 
removed, paragraphs (b)(5) through (b)(14) are redesignated as 
paragraphs (b)(2) through (b)(11) respectively, and paragraph (b)(1)(i) 
through (b)(1)(v), newly redesignated paragraphs (b)(6), (b)(7), 
(b)(9), and (b)(11) are revised to read as follows:


Sec. 681.7  Prohibitions.

* * * * *
    (b) * * *
    (1) * * *
    (i) Without a limited access permit issued under Sec. 681.28;
    (ii) By methods other than lobster traps or by hand for lobsters, 
as specified in Sec. 681.22;
    (iii) From closed areas for lobsters, as specified in Sec. 681.21;
    (iv) During a closed season, as specified in Sec. 681.27; or
    (v) After the date announced by the Regional Director, as specified 
in Sec. 681.29(b)(3), and until the fishery opens again in the 
following calendar year.
* * * * *
    (6) Leave a trap unattended in the Management Area except as 
provided in Sec. 681.22(f).
    (7) Maintain on board the vessel or in the water, more than 1200 
traps per fishing vessel, of which no more than

[[Page 15456]]
1100 can be assembled traps, as specified in Sec. 681.22(e).
* * * * *
    (9) Land lobsters taken in Permit Area 1 after the closure date 
announced by the Regional Director, as specified in Sec. 681.29 (b)(3), 
until the fishery opens again the following year.
* * * * *
    (11) Refuse to make available to an authorized officer and employee 
of NMFS designated by the Regional Director for inspection and copying 
any records that must be made available in accordance with 
Sec. 681.11(a).
* * * * *
    6. Section 681.10 is revised to read as follows:


Sec. 681.10  Observers.

    All fishing vessels subject to this part must carry an observer 
when requested to do so by the Regional Director.
    7. In Sec. 681.11, paragraph (a) introductory text is revised to 
read as follows:


Sec. 681.11  Availability of records for inspection.

    (a) Upon request, any first-level buyer must immediately allow an 
authorized officer and any employee of NMFS designated by the Regional 
Director, 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:
* * * * *
    8. Section 681.12 is added to subpart A to read as follows:


Sec. 681.12  Framework procedures.

    (a) Introduction. New management measures may be added through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in Permit Areas 1, 2, or 3. The following 
framework process authorizes the implementation of measures that may 
affect the operation of the fisheries, gear, harvest guidelines, or 
changes in catch and/or effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Crustaceans Plan Team will prepare an annual report on the fisheries in 
the management area. The report shall contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (c) Procedure for established measures. (1) Established measures 
are management measures that, at some time, have been included in 
regulations implementing the FMP, and for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions.
    (2) Following the framework procedures of Amendment 9 to the FMP, 
the Council may recommend to the Regional Director that established 
measures be modified, removed, or re-instituted. Such recommendation 
shall include supporting rationale and analysis, and shall be made 
after advance public notice, public discussion, and consideration of 
public comment. NMFS may implement the Council's recommendation by 
rulemaking if approved by the Regional Director.
    (d) Procedure for New Measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/NMFS 
documents in the context of current conditions.
    (2) Following the framework procedures of Amendment 9 to the FMP, 
the Council will publicize, including by Federal Register notice, and 
solicit public comment on, any proposed new management measure. After a 
Council meeting at which the measure is discussed, the Council will 
consider recommendations and prepare a Federal Register notice 
summarizing the Council's deliberations, rationale, and analysis for 
the preferred action, and the time and place for any subsequent Council 
meeting(s) to consider the new measure. At subsequent public 
meeting(s), the Council will consider public comments and other 
information received to make a recommendation to the Regional Director 
about any new measure. NMFS may implement the Council's recommendation 
by rulemaking if approved by the Regional Director.
    9. In Subpart B, Secs. 681.21 and 681.22 are removed and 
Secs. 681.23 through 681.32 are redesignated as Secs. 681.21 through 
681.30, respectively.
    10. In newly redesignated Sec. 681.25, in paragraphs (b) and 
(g)(1), the words ``He'' and ``he'' are removed and the words ``The 
Regional Director'' and ``the Regional Director'' are added in their 
place, respectively.
    11. In newly redesignated Sec. 681.26, in paragraphs (a) 
introductory text, (b)(1), and (b)(3), the words ``he'', ``He'', and 
``He'' are removed and the words ``the Regional Director'', ``The 
Regional Director'', and ``The Regional Director'' are added in their 
place, respectively.
    12. In newly redesignated Sec. 681.28, paragraphs (b) and (c) are 
removed, paragraphs (d), (e), and (f) are redesignated as paragraphs 
(b), (c) and (d), respectively, and paragraphs (a)(8) and newly 
redesignated paragraph (c) are revised to read as follows:


Sec. 681.28  Limited access management program.

    (a) * * *
    (8) A limited entry permit has no fixed expiration date.
* * * * *
    (c) Replacement of a vessel covered by a limited access permit. A 
limited access permit issued under this section may, without limitation 
as to frequency, be transferred by the permit holder to a replacement 
vessel owned by that person.
* * * * *
    13. In newly redesignated Sec. 681.29, the section heading is 
revised, and paragraph (c) is removed, paragraph (d) is redesignated as 
paragraph (c), and paragraphs (a) and (b) are revised to read as 
follows:


Sec. 681.29  Harvest limitation program.

    (a) General. A harvest guideline for Permit Area 1 will be set 
annually for the calendar year and shall:
    (1) Apply to the total catch of spiny and slipper lobsters; and
    (2) Be expressed in terms of numbers of lobsters.
    (b) Harvest guideline. (1) The Regional Director shall use 
information from daily lobster catch reports and lobster sales reports 
from previous years, and may use information from research sampling and 
other sources, to establish the annual harvest guideline in accordance 
with the FMP.
    (2) NMFS shall publish a document indicating the annual harvest 
guideline in the Federal Register by March 31 each year, and shall use 
other means to notify permit holders of the harvest guideline for the 
year.
    (3) The Regional Director shall determine, on the basis of the 
information reported to NMFS during the open season by the operator of 
each vessel fishing, when the harvest guideline will be reached. Notice 
of this determination, with a specification of the date after which 
fishing for lobster or further landings of lobster taken in Permit Area 
1 is prohibited, will be announced to each permit holder and operator 
of each permitted vessel not less than 7 days prior to the effective 
date.
* * * * *
    14. Newly redesignated Sec. 681.30 is revised to read as follows:


Sec. 681.30  Five-year review.

    Five years after the effective date of the rule implementing 
Amendment 9, the Council, in cooperation with the NMFS, will conduct a 
review of the

[[Page 15457]]
effectiveness and impacts of the NWHI management program, including 
biological, economic, and social aspects of the fishery.
[FR Doc. 96-8767 Filed 4-5-96; 8:45 am]
BILLING CODE 3510-22-F