[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Proposed Rules]
[Pages 39064-39065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980714174-8174-01; I.D. 061898B]
RIN 0648-AK60


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Precious Corals Fisheries; Amendment 3

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 3 to the 
Fishery Management Plan for the Precious Corals Fisheries of the 
Western Pacific Region (FMP). Amendment 3 would establish framework 
procedures enabling management measures to be established and/or 
changed via rulemaking rather than through FMP amendment. The intent of 
this action is to enable the Western Pacific Fishery Management Council 
(Council) to respond quickly to rapid changes in the Western Pacific 
precious corals fisheries.

DATES: Comments on this proposed rule must be received on or before 
September 4, 1998.

ADDRESSES: Comments on this proposed rule or Amendment 3 should be sent 
to, and copies of these documents are available from, Kitty Simonds, 
Executive Director, Western Pacific Fishery Management Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, Fishery Management 
Specialist, Pacific Islands Area Office, NMFS at (808) 973-2985 or 
Kitty Simonds at (808) 522-8220.

SUPPLEMENTARY INFORMATION: NMFS is proposing this rule based on a 
recommendation of the Council under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
It would establish framework procedures under FMP Amendment 3 to enable 
the Council and NMFS to change elements of the management regime 
governing the Western Pacific precious corals fisheries through 
rulemaking rather than through FMP amendment. The procedures would 
specify how certain new measures may be established in response to 
changes that may occur rapidly in the fishery, as well as how 
established measures (e.g., seasons, permit requirements, quotas, 
closures, area limitations, gear and coral size restrictions) may be 
revised without the Council having to develop and NMFS implement an FMP 
amendment. With the concurrence of the Council, the Southwest Regional 
Administrator, NMFS, would be able to initiate rulemaking, Each action 
taken under the framework process would entail documentation of the 
analysis of impacts of that action. Advance public notice, public 
discussion, and consideration of public comment on each framework 
action are required. Amendment 3 itself describes the framework 
procedure in more detail than the regulatory text of this rule.
    On January 14, 1998, a notice of availability of draft FMP 
Amendment 3 was published in the Federal Register (63 FR 2195). The 
draft included two actions: Establishment of framework procedures and 
inclusion in the management unit of precious corals in the exclusive 
economic zone waters around the Commonwealth of the Northern Mariana 
Islands (CNMI) (which would have been managed as an exploratory permit 
area). The notice also indicated that the Council staff would submit 
the amendment for Secretarial review only if no substantive or critical 
comments were received during a 45-day public review period. The 
Council received substantive comments on the proposal to manage 
precious corals in the waters off CNMI as an exploratory permit area. 
However, no comments were received regarding the proposal to establish 
the framework procedures.
    Subsequently, Council staff revised the draft amendment by removing 
the CNMI provision, and a new draft was prepared for Secretarial 
review. At its 95th meeting held in April 1998, the Council concurred 
with the revised draft amendment.
    Framework procedures appear needed because of present interest in 
the harvest of precious corals at the established coral bed at Makapuu 
Point, Oahu, Hawaii, and around the main Hawaiian Islands. Pre-harvest 
surveys conducted in 1997 at the Makapuu bed indicate this bed to be at 
least 15 percent larger than it was 12 years ago. Recruitment of pink 
coral at the Makapuu bed is undiminished compared to 1991; however, 
recruitment of gold coral has been very low. Framework procedures under 
proposed FMP Amendment 3 would, for example, enable the Council to 
modify the harvestable size of the Makapuu precious coral bed or to 
adjust the quota on gold coral, if needed, in a timely manner.

Classification

    At this time, NMFS has not determined that Amendment 3, which this 
rule would implement, is consistent with the national standards of the 
Magnuson-Stevens Act and other applicable laws. NMFS, in making that 
determination, will take into account the data, views, and comments 
received during the comment period.
    This proposed rule has been determined to be not significant for 
the 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, 
would not have a significant economic impact on a substantial number of 
small entities as follows:
    The National Marine Fisheries Service 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. 
Since the proposed action is

[[Page 39065]]

administrative, and would only add a framework procedure to the FMP, 
this rule would not result in any new compliance burdens or in any 
significant economic impact on small entities. As a result, a 
regulatory flexibility analysis was not prepared.

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: July 15, 1998.
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 
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. A new Sec. 660.89 is added to Subpart F to read as follows:


Sec. 660.89  Framework procedures.

    (a) Introduction. Established management measures may be revised 
and new management measures may be established and/or revised through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in the precious coral permit area. The 
following framework process authorizes the establishment and revision 
of measures that may affect the operation of the fisheries, gear, 
quotas, season, or changes in catch and/or effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Precious Coral Team will prepare an annual report on the fisheries in 
the management area. The report shall contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (c) Procedure for established measures. (1) Established measures 
are management measures that, at some time, have been included in 
regulations implementing the FMP, and for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions.
    (2) According to the framework procedures of Amendment 3 to the 
FMP, the Council may recommend to the Regional Administrator that 
established measures be modified, removed, or re-instituted. Such 
recommendation shall include supporting rationale and analysis, and 
shall be made after advance public notice, public discussion, and 
consideration of public comment. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (d) Procedure for new measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/NMFS 
documents in the context of current conditions.
    (2) Following the framework procedures of Amendment 3 to the FMP, 
the Council will publicize, including by a Federal Register document, 
and solicit public comment on, any proposed new management measure. 
After a Council meeting at which the measure is discussed, the Council 
will consider recommendations and prepare a Federal Register document 
summarizing the Council's deliberations, rationale, and analysis for 
the preferred action, and the time and place for any subsequent Council 
meeting(s) to consider the new measure. At a subsequent public meeting, 
the Council will consider public comments and other information 
received before making a recommendation to the Regional Administrator 
about any new measure. If approved by the Regional Administrator, NMFS 
may implement the Council's recommendation by final rulemaking, in some 
instances, or if circumstances warrant, by proposed and final 
rulemaking.
[FR Doc. 98-19391 Filed 7-20-98; 8:45 am]
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