[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Pages 12092-12093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 990304061-9061-01; I.D. 022599B]
RIN 0648-AL63


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Crustacean Fisheries; 1999 Harvest Guideline

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

ACTION: 1999 harvest guideline for the Northwestern Hawaiian Islands 
(NWHI) crustacean fishery.

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SUMMARY: NMFS announces a 1999 harvest guideline of 243,100 lobsters 
(spiny and slipper lobsters combined) for the NWHI crustacean fishery, 
which opens on July 1, 1999. The harvest guideline applies to the 
entire NWHI. 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, 1999.

ADDRESSES: Copies of background material pertaining to this action may 
be obtained from Alvin Katekaru, Pacific Islands Area Office (PIAO), 
Southwest Region, NMFS, 2570 Dole St., 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.

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 13 
percent of the estimated exploitable lobster population (spiny and 
slipper lobsters combined). This harvest rate is associated with a 10-
percent risk of overfishing. 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 
1999 NWHI lobster fishery is 243,100 lobsters, based on an estimated 
total exploitable population of about 1,870,000 spiny and slipper 
lobsters (both 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 a reason to believe that, if the 1999 
lobster harvest is not limited for certain fishing banks, the local 
lobster populations may be at risk of overexploitation. The Council and 
fishing industry also concur with this assessment. The Council 
established bank-specific harvest guidelines for the 1998 lobster 
season to prevent the potential risk of overexploiting the lobster 
population at Necker Island, Gardner Pinnacles, and Maro Reef. Those 
bank-specific guidelines ended on December 31, 1998. On December 2, 
1998, the Council voted to recommend permanent bank-specific harvest 
guidelines for Necker Island, Gardner Pinnacle, Maro Reef, and all 
other remaining NWHI lobster grounds combined during the 1999 fishing 
year and subsequent years. NMFS is working with the Council to develop 
separate proposed and final rules for those bank-specific guidelines.
    The PIAO 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 PIAO (see 
ADDRESSES) periodically to stay abreast of any changes and of the 
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 the date 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.
    The Assistant Administrator for Fisheries (AA), NOAA, finds that, 
because this document 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.
    Because prior notice and opportunity for public comment are not 
required for

[[Page 12093]]

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.

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

    Dated: March 5, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-6048 Filed 3-10-99; 8:45 am]
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