[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Rules and Regulations]
[Pages 28376-28377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970512113-7113-01; I.D. 042297D]
RIN 0648-AJ56


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Crustacean Fisheries; 1997 Harvest Guideline

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

ACTION: Harvest guideline for crustaceans for 1997.

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SUMMARY: NMFS announces a 1997 harvest guideline of 327,000 lobsters 
for the Northwestern Hawaiian Islands (NWHI) crustacean fishery. The 
guideline was calculated according to the formula in Amendment 9 to the 
Fishery Management Plan for the Crustacean Fisheries of the Western 
Pacific Region (FMP), and includes spiny and slipper lobster combined. 
This harvest guideline is for the 1997 fishing year, which begins July 
1, 1997; however, the harvest guideline system will be adjusted before 
the beginning of the season to account for lobster mortality from 
discards of lobster by permit holders. The intent of this action is to 
prevent overfishing and achieve the objectives of the FMP.

DATES: Effective July 1, 1997.

ADDRESSES: Copies of background material for determining the harvest 
guideline may be obtained from Dr. William T. Hogarth, Acting Regional 
Administrator, Southwest Region, 501 West Ocean Boulevard, Suite 4200, 
Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Mr. Alvin Katekaru, NMFS, (808) 973-
2985 or Mr. Svein Fougner, NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: The annual harvest guideline for the 
crustacean fishery is to be announced in the Federal Register by
    March 31 of each year. The harvest guideline is determined by the 
Southwest Regional Administrator, NMFS, based on previous years' 
fishery data, sampling during research cruises, and other available 
data. A population model that is used in the process for determining 
the harvest guideline is described in Amendment 9 to the FMP, which 
provides that an annual harvest guideline will be derived by 
multiplying a constant harvest rate associated with a specific level of 
risk of overfishing times the exploitable population estimated by the 
NMFS. Under Amendment 9, there is no limit on retention of spiny or 
slipper lobsters based on size or reproductive condition. The harvest 
guideline is a specified numerical harvest objective and is expected to 
represent total mortality from the fishery. When the harvest guideline 
is estimated to be reached, the Regional Administrator will close the 
fishery.
    The 1996 fishing season was the first season managed under the 
provisions of Amendment 9. Data on discarded lobsters reported by 
permit holders indicated that high-grading (retention of only the more 
valuable components of the catch) was about 2,300 lobsters. However, an 
analysis of data obtained by sampling the landings and comparing size 
composition of the landings with expected size composition based on 
research and experimental fishing results provided evidence that a 
higher level of high-grading occurred. Mortality of discarded lobster 
is believed to be high in the NWHI; therefore, high-grading would 
result in mortality in excess of the harvest guideline and thus 
compromise a major objective of Amendment 9.
    Because there were differences between the estimate of high-grading 
by NMFS and the reported discarding by the permit holders in 1996, the 
Council convened a panel of technical experts to conduct a thorough 
review of the 1996 fishery and the underlying population model and 
harvest guideline system. That panel concluded that, while the approach 
used by NMFS to estimate high-grading was technically sound, there were 
significant questions about the underlying assumptions and data used in 
making the estimate. The review panel found that the analytical 
procedure likely resulted in an overestimate of discarding in 1996. The 
review panel agreed, however, that discarding needs to be accounted for 
in the management program.
    The Council met in April and, after considering the inputs from the 
experts panel and its Advisory Panel, Plan Team, and Scientific and 
Statistical

[[Page 28377]]

Committee, determined that changes are needed in the harvest guideline 
system to ensure achievement of the objectives of the FMP as amended by 
Amendment 9. Necessary changes include a pre-season or in-season 
estimate of the amount of high-grading and associated mortality so that 
the fishery can be closed when total harvest (retained catch plus 
discards) reaches the harvest guideline level. Accordingly, a change in 
the harvest guideline system for the 1997 season is necessary before 
the beginning of the fishing season on July 1. This system can be 
implemented under the framework procedures of Amendment 9, in this case 
the ``Procedure for established measures'' at 50 CFR 660.53(c). Permit 
holders and the public will be advised of the change by publication in 
the Federal Register before July 1. A letter also will be sent by the 
Regional Administrator to all permit holders to advise them of the 
action.
    The Southwest Region, NMFS, will monitor landings against the 
harvest guideline and issue timely reports of summary catch and effort 
information. However, participants are advised to contact the Southwest 
Region (see ADDRESSES) periodically to stay abreast of any change in 
the harvest guideline and progress of the fishery toward attaining the 
harvest guideline. Under the procedures in 50 CFR 660.50(b)(3), NMFS 
will announce the date upon which the harvest guideline will be reached 
and close the fishery.

Classification

    This action is authorized by 50 CFR part 660 and is exempt from 
review under E.O. 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    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 9 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: May 20, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 97-13674 Filed 5-22-97; 8:45 am]
BILLING CODE 3510-22-F