[Federal Register Volume 63, Number 201 (Monday, October 19, 1998)]
[Rules and Regulations]
[Pages 55809-55810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27972]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980714174-8250-02; I.D. 061898B]
RIN 0648-AK60


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

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 Amendment 3 to the 
Fishery Management Plan for the Precious Coral Fisheries of the Western 
Pacific Region (FMP). This rule establishes framework procedures 
enabling management measures to be established and/or changed via 
rulemaking rather than through FMP amendment. This action will allow 
the Western Pacific Fishery Management Council (Council) to respond 
quickly to rapid changes in the Western Pacific precious corals 
fisheries.

DATES: Effective November 18, 1998.

ADDRESSES: Copies of Amendment 3 may be obtained 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: The FMP was approved in 1980 and governs the 
harvest of precious corals in the U.S. exclusive economic zone of the 
western Pacific region. This rule, which implements Amendment 3, 
establishes framework procedures enabling the Council and NMFS to 
change elements of the management regime governing the Western Pacific 
precious coral fisheries through rulemaking rather than by FMP 
amendment. The procedures specify how certain new management measures 
may be established through rulemaking if new information demonstrates 
that there are biological, social, or economic concerns in the precious 
coral permit areas. Also, the framework includes somewhat more 
streamlined procedures allowing adjustments to established management 
measures. Under the

[[Page 55810]]

framework, the Southwest Regional Administrator, NMFS, with the 
concurrence of the Council, could initiate rulemaking. Before taking an 
action under the framework process, the impacts of that action would be 
analyzed. Advance public notice, public discussion, and consideration 
of public comment on each framework action are required.
    Amendment 3 describes the framework procedure in more detail than 
the regulatory text of this rule. The history of the development of 
Amendment 3 is summarized in the preamble to the proposed rule (63 FR 
39064, July 21, 1998) and is not repeated here.

Comments

    No comments were received from the public on the proposed rule.

Changes to the Proposed Rule

    NMFS simplified the last sentence in section 660.89(d)(2) to read 
``If approved by the Regional Administrator, NMFS may implement the 
Council's recommendation by rulemaking.'' In the proposed rule the 
sentence ended with `` ...and final rulemaking. In some instances, or 
if circumstances warrant, by proposed and final rulemaking.'' The word 
``rulemaking'' alone should indicate NMFS will adhere to the 
Administrative Procedure Act, which generally requires a Federal 
Register notice giving advance notice and soliciting public comment 
before an agency issues a final rule.

Classification

    The Administrator, Southwest Region, NMFS, determined that 
Amendment 3 is necessary for the conservation and management of the 
precious coral fisheries and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable 
laws.
    This final 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 when the rule was proposed, that it 
would not have a significant economic impact on a substantial number of 
small entities. No comments were received regarding this certification. 
Since the basis for this certification has not changed, 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: October 13, 1998.
Rolland A. Schmitten,
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 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 a precious coral permit area. The 
following framework process authorizes the implementation of measures 
that may affect the operation of the fisheries, gear, quotas, season, 
or levels of catch and/or in 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 will 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 will include supporting rationale and analysis and will 
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 rulemaking.
[FR Doc. 98-27972 Filed 10-16-98; 8:45 am]
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