[Federal Register Volume 63, Number 58 (Thursday, March 26, 1998)]
[Proposed Rules]
[Pages 14675-14676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7965]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980319068-8068-01; I.D. 021998A]
RIN 0648-AK59


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Bottomfish Fishery; Fishing Moratorium

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to extend the current moratorium on harvesting 
seamount groundfish from the Hancock Seamount in the Northwestern 
Hawaiian Islands for 6 years, through August 31, 2004. The fishery has 
been under a moratorium since 1986. At its meeting the week of April 
21, 1997, the Western Pacific Fishery Management Council (Council) 
heard reports from its Bottomfish Plan Team and Scientific and 
Statistical Committee that indicated that armorhead (Pentaceros 
richardsoni), an overfished seamount species, has not recovered; 
therefore, the Council recommended that the moratorium be extended. 
This proposed rule would allow the protection provided for this 
resource to continue.

DATES: Comments must be submitted by May 11, 1998.

ADDRESSES: Comments on the proposed rule should be sent to William T. 
Hogarth, Administrator, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: James J. Morgan or Svein Fougner, 
Assistant Regional Administrator for Sustainable Fisheries, (562) 980-
4030, or Mr. Al Katekaru, Pacific Islands Area Office, (808) 973-2985.

SUPPLEMENTARY INFORMATION: When the Fishery Management Plan for the 
Bottomfish and Seamount Groundfish Fisheries of the Western Pacific 
Region (FMP) was implemented (51 FR 27413, July 31, 1986), a 6-year 
moratorium was established to aid the recovery of armorhead (Pentaceros 
richardsoni) on Hancock Seamount. This resource was overfished by 
foreign vessels before the Magnuson Fishery Conservation and Management 
Act was implemented; it has never been the target of domestic

[[Page 14676]]

fishermen. Periodic reviews of the stocks indicated that no recovery 
had occurred; therefore, on August 17, 1992, (57 FR 36907), the 
moratorium was extended to August 31, 1998. Armorhead was listed as 
overfished in the September 1997 ``Report to Congress Status of 
Fisheries of the United States.''
    The last U.S. research cruise of Hancock Seamount was conducted in 
1993; however, the Japanese trawl fleet continues to harvest armorhead 
on neighboring seamounts outside the exclusive economic zone (EEZ). 
According to bottom trawl catch and effort statistics provided by the 
National Research Institute of the Far Seas Fisheries, the most current 
(1995) spawning potential ratio (SPR) for the armorhead stock is 1.8 
percent at all seamounts outside the EEZ. These seamounts comprise 95 
percent of the trawl grounds and 91 percent of the total historic 
seamount-wide catch in the Japanese trawl fishery. Based on the low SPR 
value, it is inferred that the status of the Hancock Seamount armorhead 
stock is similarly depressed and well under the current 20 percent SPR 
definition for an overfished stock.
    At its April 21, 1997, meeting the Council heard reports from its 
Bottomfish Plan Team and Scientific and Statistical Committee on the 
status of seamount groundfish resources. On the basis of those reports, 
and in accordance with the framework procedures at 50 CFR 660.67, the 
Council recommended that the moratorium be extended for at least 
another 6 years, through August 31, 2004.
    The Council recognizes that the stocks extend outside the EEZ and 
that the moratorium will not ensure recovery of the resource within the 
EEZ; however, the action is in accordance with U.S. responsibilities 
under the Magnuson-Stevens Fishery Conservation and Management Act. The 
Council has also taken action to convene a panel of international 
experts to explore possible international management of the Emperor and 
Hawaiian Ridge Seamount armorhead fishery under the aegis of the United 
Nations Agreement Relating to Straddling Fish Stocks and Highly 
Migratory Fish Stocks.

Classification

    This proposed 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 proposed rule, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities as follows:

    The National Marine Fisheries Service (NMFS) considers an impact 
to be ``significant'' if it results in a reduction in annual gross 
revenues by more than 5 percent, an increase in annual compliance 
costs of greater than 5 percent, compliance costs at least 10 
percent higher for small entities than for large entities, 
compliance costs that require significant capital expenditures, or 
the likelihood that 2 percent of the small entities would be forced 
out of business. NMFS considers a ``substantial number'' of small 
entities to be more than 20 percent of those small entities affected 
by the regulation engaged in the fishery. Because there have never 
been U.S. interests actively involved in the seamount groundfish 
fishery, this rule would not result in a significant economic impact 
on small entities. As a result, a regulatory flexibility analysis 
was not prepared.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 18, 1998.
David L. Evans,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

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

    2. Section 660.68 is revised to read as follows:


Sec. 660.68  Fishing moratorium on Hancock Seamount.

    Fishing for bottomfish and seamount groundfish on the Hancock 
Seamount is prohibited through August 31, 2004.
[FR Doc. 98-7965 Filed 3-25-98; 8:45 am]
BILLING CODE 3510-22-F