[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35448-35450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17153]



[[Page 35448]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970623152-7152-01; I.D. 061897A]
RIN 0648-AJ57


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Crustacean Fisheries; Vessel Monitoring System

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement a vessel monitoring 
system (VMS) program in the crustaceans fishery of the Northwestern 
Hawaiian Islands (NWHI). Under this program, a vessel equipped with an 
operational VMS unit may enter Crustaceans Permit Area 1 (CPA 1) except 
for the subarea consisting of the area seaward 50 nautical miles (nm) 
from the geographical center of the islands and banks within CPA 1 with 
lobster traps on board during the closed season. This rule is necessary 
to remove a restriction on fishermen so that they may reduce the 
transit distance and time needed to begin fishing at distant fishing 
grounds. The intended effect of this action is to reduce fishing on 
lobster on grounds closest to the main Hawaiian Islands by encouraging 
the distribution of fishing effort throughout the management area.

DATES: Effective June 26, 1997, except for Sec. 660.48(a)(8), which is 
effective January 1, 1998.

ADDRESSES: Copies of background material pertaining to this action may 
be obtained from Ms. Kitty M. Simonds, Executive Director, Western 
Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 
1405, Honolulu, HI 96813, or Dr. William T. Hogarth, Acting 
Administrator, Southwest Region, NMFS (Acting Regional Administrator), 
501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802. Comments 
regarding the collection-of-information requirements contained in this 
rule should be sent to the Acting Regional Administrator and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Washington, D.C. 20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Mr. Alvin Z. Katekaru at (808) 973-
2985; Mr. Svein Fougner at (562) 980-4034; or Ms. Kitty M. Simonds at 
(808) 522-8220.

SUPPLEMENTARY INFORMATION: NMFS supports the policy of the Council to 
establish fishing VMSs where appropriate. A VMS is an automated, real-
time, satellite-based tracking system coupled with a Global Positioning 
System that obtains accurate position reports of vessels at sea. The 
Council's VMS policy is reflected in Amendment 9 (61 FR 35145, July 5, 
1996) to the Fishery Management Plan for the Crustacean Fisheries of 
the Western Pacific Region (FMP) in which the Council recommended 
consideration of a VMS program for the NWHI.
    The NWHI lobster fishery is a limited access fishery with a maximum 
of fifteen permitted vessels. The program includes a fleet-wide harvest 
guideline, seasonal closure, closed areas, and gear restrictions. 
During the July 1-26, 1996, lobster season, a total of 187,583 
lobsters, spiny and slipper combined, were harvested by five vessels. 
Because of the relatively short season, fishing effort was concentrated 
at Necker Island, the area closest to the main Hawaiian Islands.
    On November 21, 1996, at the Council's 91st meeting in Honolulu, 
Hawaii, NMFS presented a report on the use of a VMS in the fishery 
based on the results of VMS trials conducted during the 1995 season by 
one lobster vessel, and during the 1996 season by four of the five 
lobster vessels in the fishery. The report described three major uses 
of a VMS: (1) Determination and tracking of vessel position, allowing 
NMFS enforcement and the U.S. Coast Guard (USCG) to enforce seasonal 
and area closures cost-effectively; (2) At-sea lobster catch-and-effort 
reporting facilitated by an on-board computer that transmits data to 
NMFS via the VMS on a real-time basis; and (3) Ship-to-shore/shore-to-
ship communication by which NMFS is able to quickly notify lobster 
vessels when the fishery will be closed, thus giving fishermen 
sufficient time to prepare for their departure from the fishing grounds 
and reduce the likelihood of being in violation of Federal regulations.
    At its 91st meeting, the Council approved implementation of a VMS 
program in the lobster fishery under the framework process of Amendment 
9. At its 92nd meeting on April 25, 1997, the Council approved 
management measures that would implement an optional VMS program and 
requested NMFS to initiate rulemaking to implement the program before 
July 1, 1997, when the 1997 fishing season opens. There was ample 
opportunity for public comment at the Council meetings, and the only 
comments received were positive and in favor of the action.
    Lobster vessels equipped with an operational VMS unit may enter CPA 
1 in order to position themselves closer to the fishing grounds prior 
to the opening (i.e., closer than the border of CPA 1, which lies 
approximately 200 nm from the fishing grounds) and will have a shorter 
distance to exit the grounds when the fishery closes. Such vessels may 
not enter the subarea consisting of the area that extends seaward 50 nm 
from the geographical center of each island within CPA 1 prior to the 
season opening. Lobster vessels without an operational VMS unit must 
remain outside the CPA 1 boundary prior to the season opening. Lobster 
vessels with an operational VMS unit must exit the subarea by the close 
of the season. Lobster vessels without an operational VMS unit must 
exit CPA 1 by the closure of the fishery and be back in port by a 
specified date following the closure date, because tracking vessels 
without a VMS is difficult and prohibitively expensive over such a 
large area. By not having to be further than outside the boundary of 
the subarea before and after the season, vessels with an operational 
VMS unit would also have a lesser distance to transit to and from port.
    Although a VMS eases certain requirements in the fishery, it 
strengthens the enforcement capabilities of NMFS and USCG as 
demonstrated in a recent VMS pilot program of the Hawaii-based longline 
fishery. Because the date by which vessel operators would be required 
to notify the Regional Administrator that a vessel intends to use a VMS 
unit this fishing season (June 15) has passed, the provisions of 
Sec. 660.48(a)(8) are waived for this fishing season, allowing vessels 
with an installed VMS unit to use it this season.
    Allowing vessels with a VMS unit to be closer to the fishing 
grounds will also provide an incentive to fish the more distant grounds 
further up the NWHI chain, such as Maro Reef, and reduce fishing 
pressure at Necker Island without fear of violating the requirement to 
be in port within the required time following closing of the fishing 
season.

Classification

    The Acting Regional Administrator determined that the regulatory 
amendment is necessary for the conservation and management of the 
crustacean fishery and that it is consistent with the Magnuson-Stevens

[[Page 35449]]

Fishery Conservation and Management Act and other applicable law.
    The Assistant Administrator, for good cause, finds under 5 U.S.C. 
553(b) that prior notice and opportunity for public comment for this 
rule is unnecessary. There has been substantial opportunity for public 
comment on this rule and opportunity for additional public comment 
would serve no useful purpose. This action has received review during 
numerous public meetings under a review process at 50 CFR 660.53(d). It 
has been discussed at Council meetings as well as Advisory Panel 
meetings. Representatives of the nine vessels planning to fish this 
season supported adoption of this rule.
    Under 5 U.S.C. 553(d)(3), the Assistant Administrator finds good 
cause to waive the 30-day delay in effectiveness for this rule. In 
order for the fishery to benefit from this rule this fishing season, 
the rule must be in effect prior to the July 1 start of the fishing 
season. To this extent, to delay the effectiveness of this rule would 
be contrary to the public interest. Further, since all nine vessels 
planning to participate in the fishery this season have already 
installed VMS units, to delay the effectiveness of this rule for 30 
days to allow vessels to come into compliance is unnecessary.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) that has been approved by OMB. 
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 PRA unless that collection-of-information displays a currently 
valid OMB control number. This rule's collection-of-information burden 
is only for those persons who wish to voluntarily use a VMS unit in the 
fishery. The burden will be used as follows. To query a vessel to learn 
of its location before and after the start of the season, which is 
automatic with no action required by the vessel operator, except to 
verify the VMS is operating, is estimated to require a response time of 
.033 seconds. All of the nine expected participants in this voluntary 
system have a VMS installed, therefore, vessel installation and 
maintenance time is included in the collection requirements for the 
pelagic fisheries of the Western Pacific. If the additional 6 vessels 
permitted in this fishery choose to participate, there would be a one-
time installation taking 4 hours per vessel, and an annual maintenance 
of 2 hours per vessel. This collection-of-information was approved by 
OMB under OMB Control Number 0648-0307. Send comments regarding the 
collection-of-information burden or any other aspect of the information 
collection to NMFS and OMB (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of 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 are 
inapplicable.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: June 25, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons 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. 660.12, the definition of ``Crustaceans Permit Area 1 
VMS Subarea'' is added in alphabetical order, and ``Vessel monitoring 
system unit (VMS unit)'' is revised to read as follows:


Sec. 660.12  Definitions.

* * * * *
    Crustaceans Permit Area 1 VMS Subarea means an area within the EEZ 
off the NWHI designated under Sec. 660.48, measured from the center 
geographical positions of the islands and reefs in the NWHI as follows: 
Nihoa Island 23 deg.05' N. lat., 161 deg.55' W. long.; Necker Island 
23 deg.35' N. lat., 164 deg.40' W. long.; French Frigate Shoals 
23 deg.45' N. lat., 166 deg.15' W. long.; Gardner Pinnacles 25 deg.00' 
N. lat., 168 deg.00' W. long.; Maro Reef 25 deg.25' N. lat., 
170 deg.35' W. long.; Laysan Island 25 deg.45' N. lat., 171 deg.45' W. 
long.; Lisianski Island 26 deg.00' N. lat., 173 deg.55' W. long.; Pearl 
and Hermes Reef 27 deg.50' N. lat., 175 deg.50' W. long.; Midway 
Islands 28 deg.14' N. lat., 177 deg.22' W. long.; and Kure Island 
28 deg.25' N. lat., 178 deg.20' W. long. Where the areas between 
islands and reefs are not contiguous, parallel lines drawn tangent to 
and connecting those semi-circles of the 50-nm areas that lie between 
Nohow Island and Necker Island, French Frigate Shoals and Gardner 
Pinnacles, and Maro Reef, and Lisianski Island and Pearl and Hermes 
Reef, shall delimit the remainder of the subarea within Crustaceans 
Permit Area 1.
* * * * *
    Vessel monitoring system unit (VMS unit) means the hardware and 
software owned by NMFS, installed on vessels by NMFS, and required by 
subpart C of this part to track and transmit the positions of longline 
vessels or the hardware and software used by vessels to track and 
transmit the positions of vessels permitted under subpart D of this 
part to fish in Crustaceans Permit Area 1.
    3. In Sec. 660.42, paragraph (a)(4) is removed, paragraphs (a)(5) 
through (a)(8) are redesignated as paragraphs (a)(4) through (a)(7) 
respectively, and new paragraphs (a)(8), (a)(9), (a)(10), (a)(11), 
(a)(12) and (b)(5) are added to read as follows:


Sec. 660.42  Prohibitions.

* * * * *
    (a) * * *
    (1) * * *
    (8) Possess on a fishing vessel that has a limited access permit 
issued under this subpart any lobster trap in Crustaceans Permit Area 1 
when fishing for lobster is prohibited as specified in Secs. 660.45(a), 
660.50, 660.51, or 660.52, except as allowed under Sec. 660.48(a)(7).
    (9) Possess on a fishing vessel that has a limited access permit 
issued under this subpart any lobster trap in the Crustaceans Permit 
Area 1 VMS Subarea when fishing for lobsters is prohibited as specified 
in Secs. 660.45(a), 660.50, 660.51, or 660.52.
    (10) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same while engaged 
in the Permit Area 1 fishery; or to move or remove a VMS unit while 
engaged in the Permit Area 1 fishery without first notifying the 
Regional Administrator.
    (11) Make a false statement, oral or written, to the Regional 
Administrator or an authorized officer, regarding the certification, 
use, operation, or maintenance of a VMS unit used in the fishery.
    (12) Fail to allow an authorized officer to inspect and certify a 
VMS unit used in the fishery.
    (b) * * *
    (5) Possess on a fishing vessel that has a permit for Crustaceans 
Permit Area 2 issued under this subpart any lobster trap in Permit Area 
2 when fishing for lobster in the main Hawaiian Islands is

[[Page 35450]]

prohibited during the months of June, July, and August.
    4. In Sec. 660.48, new paragraphs (a)(7) and (a)(8) are added to 
read as follows:


Sec. 660.48  Gear restrictions.

    (a) * * *
    (7) A vessel whose owner has a limited access permit issued under 
this subpart and has an operating VMS unit that has been certified by 
the National Marine Fisheries Service may enter Crustaceans Permit Area 
1 with lobster traps on board during the closed season, but must remain 
outside the Crustaceans Permit Area 1 VMS Subarea as defined in 
Sec. 660.12.
    (8) The operator of a permitted vessel must notify the Regional 
Administrator or an authorized officer no later than June 15 of each 
year if the vessel will use a VMS unit in the fishery and allow for 
inspection and certification of the unit.
* * * * *
    5. In Sec. 660.50, paragraph (b)(4) is added as follows:


Sec. 660.50  Harvest limitation program.

* * * * *
    (b) * * *
    (4) Each permit holder and operator of each permitted vessel will 
be provided the following information, which will also be published in 
the Federal Register:
    (i) Determination of when the harvest guideline will be reached;
    (ii) Closure date after which the possession of lobster traps in 
Crustaceans Permit Area 1 VMS Subarea is prohibited by permitted 
vessels carrying VMS units;
    (iii) Closure date after which the possession of lobster traps in 
Crustaceans Permit Area 1 is prohibited by permitted vessels without 
VMS units; and
    (iv) Specification when further landings of lobster taken by 
permitted vessels without VMS units will be prohibited.
* * * * *
[FR Doc. 97-17153 Filed 6-26-97; 12:26 pm]
BILLING CODE 3510-22-P