[Federal Register Volume 62, Number 113 (Thursday, June 12, 1997)]
[Notices]
[Pages 32078-32079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15396]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 052097A]


Fisheries Off West Coast States and in the Western Pacific; 
Availability of a Limited Entry Permit

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

ACTION: Availability of a limited entry permit.

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SUMMARY: The Acting Regional Administrator, Southwest Region, NMFS, 
(Regional Administrator) has determined that one new permit, or 
possibly two permits, may be available for the Northwestern Hawaiian 
Islands (NWHI) bottomfish limited entry fishery (Ho'omalu Zone). Under 
the regulations implementing the Fishery Management Plan for Bottomfish 
and Seamount Groundfish Fisheries of the Western Pacific Region (FMP), 
new permits may be issued when the Regional Administrator has 
determined, in consultation with the Western Pacific Fishery Management 
Council (Council), that bottomfish stocks in the Ho'omalu Zone are able 
to support additional fishing effort. The purpose of this notification 
is to inform all potential applicants that applications are being 
accepted.

DATES: Applications must be filed no later than July 28, 1997.
ADDRESSES: Applications may be obtained from, and completed 
applications must be sent to, the Pacific Area Office, Southwest 
Region, NMFS, 2570 Dole Street, Room 106, Honolulu, HI 96822-2396.

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

SUPPLEMENTARY INFORMATION: Under regulations implementing Amendment 2 
(53 FR 29907, August 9, 1988) to the FMP, which established the limited 
access program for the NWHI, the Regional Administrator, Southwest 
Region, in consultation with the Council, may allow new entry into the 
limited access area (Ho'omalu Zone) of the NWHI bottomfish fishery if 
the fishery can support additional effort (50 CFR 660.6(f)). At the 
91st Council meeting on November 18-21, 1996, the Regional 
Administrator informed the Council of the potential for new entry into 
the Ho'omalu Zone during 1997, and requested guidance on issuing 
permits. The Council, concurring with its Scientific and Statistical 
Committee, recommended to allow no more than seven permits for the 
Ho'omalu Zone. This is consistent with the NMFS Honolulu Laboratory's 
economic analysis of the optimal number of NWHI bottomfish vessels. The 
Regional Administrator has determined that the fishery can support 
seven vessels at this time. When the number of permits falls below 
seven, the Regional Administrator may initiate procedures allowing for 
new entry up to the maximum number allowed in the fishery. On March 27, 
1997, the Regional Administrator determined that there would be one 
permit, with the possibility of a second permit, available due to the 
non-renewal of a permit for 1997. The status on the renewal of a second 
permit is currently under review. Regulations governing the issuance of 
new Ho'omalu Zone permits require that all prospective applicants be 
informed by publication of this notification in the Federal Register, 
of the opportunity to file applications (50 CFR 660.61(f)). Forms will 
be provided by the Pacific Area Office, Southwest Region, NMFS (See 
ADDRESSES) A new permit will be awarded based on a point system as 
follows: (1) Two points shall be assigned for each year in which the 
applicant was an owner or captain of a vessel that made three or more 
qualifying landings of bottomfish from the NWHI. A qualifying landing 
is defined by regulations as a landing of bottomfish from the NWHI 
regardless of weight, if made on or before August 7, 1985; or a landing 
of at least 2,500 lb (1,134 kg) of bottomfish from the NWHI, or a 
landing of at least 2,500 lb (1,134 kg) of fish harvested from the 
NWHI, of which at least 50 percent by weight was bottomfish, if made 
after August 7, 1985 (50 CFR 660.12). (2) One point shall be assigned 
for each year the applicant was an owner or captain of a vessel that 
landed at least 6,000 lb (2,722 kg) of bottomfish from the main 
Hawaiian Islands. In any single year, points can be assigned for 
bottomfish landed from either the NWHI or the main Hawaiian Islands but 
not for a combination of both areas. Points shall be assigned for every 
year for which the requisite landings can be documented. Applicants 
must maintain their own files of valid documentation verifying claims 
of accrued points. Copies of these documents must accompany all permit 
applications. A permit shall be awarded to a qualifying applicant in 
descending order, starting with the applicant with the largest number 
of points. If two or more persons have an equal number of points, and 
there are insufficient new permits for all such applicants, the new 
permit shall be awarded by the Regional Administrator through a 
lottery. An applicant must own at least a 25 percent share in the 
vessel that the permit would cover, and only one permit will be 
assigned to any vessel. No additional permits will be issued to any 
vessel owner who already has a Ho'omalu Zone bottomfish permit. At the 
91st meeting, the Council also recommended, and the Regional 
Administrator agrees, that in considering applications for Ho'omalu 
Zone permits: (1) No State of Hawaii fish catch reports used to 
document eligibility points should be accepted that are more than one 
year old; (2) only State of Hawaii fish catch reports should be 
accepted by NMFS to validate accrued qualifying points demonstrating 
historical participation in the Hawaiian Islands bottomfish fishery; 
(3) the cut-off date for applications should be 45 days after 
publication of the notice of availability of a permit in the Federal 
Register; (4) relief captains and vessel owners must provide vessel 
insurance records or legal certificates of documentation demonstrating 
the minimum 25 percent ownership in the vessel; and (5) only records of 
bottomfish management unit species should be used for assigning 
qualifying points. The Council has requested that the Regional 
Administrator act expeditiously once a determination has been made on 
the availability of a permit so that the new permit holder will be 
allowed as much time as possible to make at least three bottomfish 
landings from the Ho'omalu Zone before December 31, 1997. A minimum of 
three qualifying bottomfish

[[Page 32079]]

landings is required by all Ho'omalu Zone permittees in order to 
maintain eligibility for renewing the permit for the next fishing year 
(i.e., 1998).

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

    Dated: June 6, 1997.
Rebecca Lent,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-15396 Filed 6-11-97; 8:45 am]
BILLING CODE 3510-22-F