[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Rules and Regulations]
[Pages 33761-33762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16370]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970612136-7136-01; I.D. 060297B]
RIN 0648-AJ61


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 322,912 lobsters 
for the Northwestern Hawaiian Islands (NWHI) crustacean fishery. This 
is a reduction of 4,088 lobsters from the harvest guideline of 327,000 
lobsters published on May 23, 1997. This change in the harvest 
guideline was identified as a future action in the May 23, 1997, 
publication and is necessary to account for mortality from anticipated 
discards in the fishery, which increases fishing mortality beyond the 
harvest guideline.

DATES: Effective July 1, 1997.

ADDRESSES: Copies of background material for determining the harvest 
guideline may be obtained from Dr. William Hogarth, Acting Regional 
Administrator, Southwest Region, 501 West Ocean Boulevard, Suite 4200, 
Long Beach, CA 90802-4213.

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

SUPPLEMENTARY INFORMATION: A harvest guideline for the NWHI crustacean 
fishery of 327,000 spiny and slipper lobster combined was announced in 
the Federal Register on May 23, 1997 (62 FR 28376) for the fishing 
season beginning July 1, 1997. The basis for setting the harvest 
guideline was Amendment 9 to the Fishery Management Plan for the 
Crustacean Fisheries of the Western Pacific Region (FMP). A summary of 
the procedure was discussed at that time and will not be repeated here.
    Also discussed in the announcement was the high-grading (retention 
of only the more valuable components of the catch) that had occurred 
during the 1996 fishing season. Mortality of discarded lobster is 
believed to be high in the NWHI; therefore, high-grading results in 
fishing mortality in excess of the harvest guideline and thus 
compromises a major objective of Amendment 9.
    There were differences between the estimate of high-grading by NMFS 
and that reported by the permit holders in 1996; therefore, the Western 
Pacific Fishery Management Council (Council) convened a panel of 
technical experts to conduct a thorough review of the 1996 fishery. The 
panel concluded that, while the approach used by NMFS to estimate high-
grading was technically sound, the underlying assumptions and data NMFS 
used in making the estimate 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 comments from the 
experts panel, its Advisory Panel, Plan Team, and Scientific and 
Statistical Committee, determined that changes were needed in the 
harvest guideline system to ensure achievement of the objectives of 
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. The Council decided 
that, for the 1997 fishing season, the rate of discards as recorded by 
the permit holders during the 1996 fishing season (1.25 percent) should 
be used as an estimate of discards for the 1997 fishery, while 
recognizing that a better method needs to be developed to estimate 
annual discards. Therefore, the harvest guideline of 327,000 spiny and 
slipper lobsters must be reduced by 1.25 percent, that is, 4,088 
lobsters. Accordingly, the harvest guideline for the 1997 fishing 
season, which begins on July 1, is 322,912 spiny and slipper lobster 
combined.
    This change is implemented under the framework procedures of 
Amendment 9, in this case the ``Procedure for established measures'' at 
50 CFR part 660.53(c). A letter 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

[[Page 33762]]

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 final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant Administrator, NMFS, finds that because this action 
merely revises a previously announced harvest guideline to account for 
discard data under the FMP's objective formula for calculating the 
harvest guideline, no useful purpose would be served by providing prior 
notice and opportunity for public comment. As such, under authority at 
5 U.S.C. 553(b)(B), such procedures can be waived as unnecessary. 
Similarly, there is good cause under 5 U.S.C. 553 (d)(3) to establish 
an effective date less than 30 days after date of publication.

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

    Dated: June 17, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-16370 Filed 6-20-97; 8:45 am]
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