[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30147-30148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14743]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980521135-8135-01; I.D. 051198B]
RIN 0648-AK85


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Crustacean Fisheries; 1998 Harvest Guideline

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

ACTION: Harvest guideline for crustaceans for 1998.

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SUMMARY: NMFS announces a 1998 harvest guideline of 286,000 lobsters 
(spiny and slipper lobsters combined) for the Northwestern Hawaiian 
Islands (NWHI) crustacean fishery, which opens on July 1, 1998. The 
harvest guideline applies to the entire NWHI; however, due to the 
potential for overexploitation of lobster populations at certain NWHI 
banks/areas, the Western Pacific Fishery Management Council (Council) 
is considering allocating the harvest guideline among specific areas or 
banks to ensure the long-term health of the lobster populations and 
stability of the fishery. The intent of this action is to prevent 
overfishing and achieve the objectives of the Fishery Management Plan 
for the Crustacean Fisheries of the Western Pacific Region (FMP).

DATES: Effective July 1, 1998.

ADDRESSES: Copies of background material pertaining to this action may 
be obtained from Alvin Katekaru, Pacific Islands Area Office, Southwest 
Region, NMFS, 2570 Dole Street, Honolulu, HI 96822 or Kitty Simonds, 
Executive Director, Western Pacific Fishery Management Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru at (808) 973-2985 or 
Kitty Simonds at (808) 522-8220.


[[Page 30148]]


SUPPLEMENTARY INFORMATION: Under Amendment 9 to the FMP, the Southwest 
Regional Administrator, NMFS (Regional Administrator), sets the annual 
harvest guideline for the NWHI crustacean fishery. The guideline is 
determined by multiplying the estimated exploitable lobster population 
(spiny and slipper lobster combined) by a constant harvest rate (13 
percent) associated with a specific risk of overfishing (10 percent. As 
described in Amendments 7 and 9 to the FMP, the total NWHI population 
of exploitable lobsters is estimated from commercial logbook lobster 
catch and effort data. The harvest guideline represents the total 
allowable mortality of lobsters in the fishery regardless of lobster 
size or reproductive condition. The Regional Administrator will close 
the fishery when the harvest guideline is estimated to be reached.
    The harvest guideline for the 1998 NWHI lobster fishery is 286,000 
lobsters based on an estimated total exploitable population of about 
2,200,000 spiny and slipper lobsters (species combined).
    Under Amendment 9 to the FMP, the Regional Administrator is 
required to announce a harvest guideline for the entire NWHI. However, 
the Regional Administrator has reason to believe that if the 1998 
lobster harvest is not limited for certain banks/areas, the lobster 
populations there may be at risk of overexploitation. The Council and 
fishing industry also concur with this assessment. At its 95th meeting, 
the Council initiated action to consider the establishment of a bank/
area specific management regime under the framework procedures of the 
FMP. At its 96th meeting, which was held on May 8, 1998, the Council 
met and voted to recommend bank-specific harvest guidelines for the 
1998 fishing year. The public was given the opportunity to comment 
prior to and at this meeting, on the issue of bank-specific harvest 
guidelines. NMFS is working with the Council to develop separate 
proposed and final rules for bank-specific harvest guidelines.
    The Pacific Islands Area Office will monitor landings and issue 
timely reports of the level of cumulative catch information and of the 
amount of the harvest guideline remaining. Fishermen are advised to 
contact the Pacific Islands Area Office (see ADDRESSES) periodically to 
stay abreast of any changes and of 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 when the fishery will be closed.

Classification

    This action is authorized by 50 CFR part 660 and is exempt from 
review under Executive Order 12866.
    Because prior notice and opportunity for public comment are not 
required for this action 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 
because this notice merely announces a harvest guideline resulting from 
the nondiscretionary application of the objective harvest guideline 
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 28, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-14743 Filed 6-2-98; 8:45 am]
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