[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8637-8638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4778]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 660
[Docket No. 961121322-7033-02; I.D. 110696B]
RIN 0648-AJ02
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Bottomfish Fishery; Mau Zone Moratorium
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to impose a 2-year moratorium on
issuing new permits for harvesting bottomfish in the Mau Zone of the
Northwestern Hawaiian Islands so that effort in the fishery will be
stabilized while the Western Pacific Fishery Management Council
(Council) develops a limited access program for the area. This will
stabilize effort in the fishery while the Council develops a management
system for the Mau Zone that may limit access to the fishery.
EFFECTIVE DATE: March 27, 1997.
ADDRESSES: Send comments to Ms. Hilda Diaz-Soltero, Administrator,
Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long
Beach, CA 90802. Copies of the Environmental Assessment can be obtained
from the same address.
FOR FURTHER INFORMATION CONTACT: Mr. Alvin Katekaru, NMFS, (808) 973-
2985; Mr. Svein Fougner, NMFS, (562) 980-4034; or Ms. Kitty Simonds,
Council, (808) 522-8220.
SUPPLEMENTARY INFORMATION: Following extensive review by the Council's
advisory bodies, the details of which were summarized in the proposed
rule (61 FR 60255, November 27, 1996) and will not be repeated here,
the Council, at its 90th meeting, August 7-9, 1996, recommended that a
moratorium be implemented for 2 years to allow sufficient time to
complete an access limitation program for the Mau Zone bottomfish
fishery. The Council recommended this action in accordance with the
framework procedures of 50 CFR 660.67(d), which specifically addresses
the access limitation process. During the moratorium, the Council will
develop a program for the Mau Zone that aims to reduce the potential
increase in fishing pressure in the Mau Zone and increase the economic
efficiency of the fishery.
Discussions among the members of the Council's Bottomfish Plan
Team, Task Force, Advisory Panel, and Review Board have pointed out the
necessity of three elements in any limited access plan: Simplicity,
equity, and the importance of restricting the number of potential
participants. Approximately 80 vessels have had permits for the Mau
Zone at some time in the past; however, some owners of vessels have
died, and some vessels have permanently left the fishery, leaving a
core of perhaps 30 vessels, whose owners could renew their permits and
participate in the fishery. Any plan that the Council adopts is likely
to contain some kind of qualifying criteria. A permit obtained by a
former permittee during the moratorium may not guarantee a permit under
the permanent limited access system. The Council is considering using
qualification criteria based on historical landings data and current
landings data, coupled with non-transferable permits for reducing the
number of bottomfish vessels in the fishery and maintaining an active
fleet at an optimal level.
Upon the effective date of this rule, only those vessel owners who
have held Mau Zone permits will be eligible to renew or obtain permits
for the length of the moratorium.
Classification
The Administrator, Southwest Region, NMFS, determined that the
regulatory amendment is necessary for the conservation and management
of the bottomfish fishery and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable
law.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published on November 27, 1996 (61 FR 60255). No
public comments were received on the certification. As a result, no
final regulatory flexibility analysis has been prepared.
[[Page 8638]]
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 21, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reason set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST AND WESTERN PACIFIC STATES
1. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 660.61, paragraph (a) is revised to read as follows:
Sec. 660.61 Permits.
(a) The owner of any vessel used to fish for bottomfish in the Mau
Zone must have a permit issued under this section for that vessel.
Permits for persons not previously permitted to fish in the Mau Zone
will not be issued for a 2-year period beginning March 27, 1997.
* * * * *
[FR Doc. 97-4778 Filed 2-25-97; 8:45 am]
BILLING CODE 3510-22-F