[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Rules and Regulations]
[Pages 22810-22814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10635]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 981204297-9091-02; I.D. 110698B]
RIN 0648-AK21


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Bottomfish Fishery; Amendment 5

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

ACTION: Final rule.

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

SUMMARY: NMFS issues a final rule to implement Amendment 5 to the 
Fishery Management Plan for Bottomfish and Seamount Groundfish 
Fisheries of the Western Pacific Region (FMP). This rule implements a 
permanent limited access program for the Mau Zone bottomfish fishery in 
the Northwestern Hawaiian Islands (NWHI). The intent of this action is 
to conserve and support the long-term productivity of the bottomfish 
stocks by preventing the potential for excessive harvest capacity and 
to improve the low economic returns in the fishery.

DATES: Effective May 28, 1999.
ADDRESSES: Copies of Amendment 5 may be obtained from Kitty Simonds, 
Executive Director, Western Pacific Fishery Management Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813. Comments on the 
modifications to approved collection-of-information requirements should 
be sent to the Pacific Island Area Office (PIAO), NMFS, 2570 Dole 
Street, Honolulu, HI 96813 and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
D.C. 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, Fishery Management 
Specialist, PIAO, NMFS, at 808-973-2985 or Kitty Simonds at 808-522-
8220.

SUPPLEMENTARY INFORMATION: NMFS is issuing this rule to implement FMP 
Amendment 5, as recommended by the Western Pacific Fishery Management 
Council (Council) under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). This rule 
implements a limited access program for the Mau Zone bottomfish fishery 
in the NWHI. The Mau Zone is located north of Kauai between 161 deg.20' 
W. and 165 deg.00' W. longitude in the U.S.

[[Page 22811]]

exclusive economic zone around the Hawaiian Islands. The amendment is 
intended to prevent biological overfishing and improve poor economic 
returns that are plaguing the open access bottomfish fishery in the Mau 
Zone. The history of the Mau Zone bottomfish fishery, including the 
establishment of a control date and a 2-year moratorium on issuance of 
new Mau Zone open access permits, is summarized in the preamble to the 
proposed rule (64 FR 823, January 6, 1999) and is not repeated here.
    This rule: (1) restricts participation in the Mau Zone bottomfish 
fishery to vessel owners who hold limited access permits; (2) adopts 10 
as the long-term target number of vessels that would be allowed to fish 
for bottomfish in the Mau Zone; (3) establishes qualifying criteria for 
allocating initial Mau Zone limited access permits based on historic 
participation in the fishery (December 17, 1991, control date) and 
landing of bottomfish from the Mau Zone up to December 31, 1996; (4) 
prohibits the transfer, lease, charter, or sale of permits to reduce 
the number of vessels in the fishery to achieve the target number; (5) 
provides that Mau Zone limited access permits issued to partnerships or 
corporations will expire (and must surrendered to NMFS) upon a change 
in more than 50 percent ownership in the vessel, partnership or 
corporation; (6) limits the amount of time a permit holder may register 
a limited access permit for use with a leased or chartered vessel; (7) 
limits the length of replacement vessels to no longer than 60 ft (18.3 
m); (8) requires permit holders to make a minimum of five landings of 
at least 500 lb (227 kg) each of bottomfish management unit species 
each year from the Mau Zone to qualify for permit renewal; (9) states 
that the Council will undertake a 5-year comprehensive review of the 
limited access program to determine its effectiveness in meeting the 
objectives of the FMP; (10) requires the Council to develop criteria to 
allow new entry into the Mau Zone when the number of permitted vessels 
falls below 10; and (11) reserves 20 percent of the long-term target 
number of limited access permits, i.e., two permits, for a Western 
Pacific Community Development Program. The rule establishes a fee for 
processing Mau Zone permits, specifies an appeals process for permit 
actions, and prohibits the retention of incidentally caught bottomfish 
in the Mau Zone without a limited access permit are described in 
Amendment 5. Also, certain provisions governing the Ho'omalu Zone 
bottomfish limited access program are revised for housekeeping purposes 
only, such as moving the description of ``qualifying landing'' for 
initial Ho'omalu Zone permit eligibility points and permit renewal from 
the Definitions section (Sec. 660.12) of subpart B (Western Pacific 
Fisheries - General) to subpart E (Bottomfish and Seamount Groundfish 
Fisheries). Section 660.67(d)(3) of the current bottomfish regulations 
that refer to 1985 and 1986 ``control dates'' for limiting access to 
the fisheries off the NWHI, Guam, and American Samoa is removed since 
it is unlikely that the Council and NMFS will use such old control 
dates.

Comments and Response

    NMFS received three comments from the public during the comment 
period on the proposed rule which ended February 22, 1999.
    Comment: Three commenters expressed their support for setting aside 
two permits for a Western Pacific Community Development Program.
    Response: NMFS agrees.

Changes to the Proposed Rule

    Except for insertion of specific dates in Sec. 660.61(a)(3) and 
(b)(3), no changes were made to the proposed rule. The regulatory text 
of this final rule is the same as the regulatory text of the proposed 
rule.

Classification

    The Administrator, Southwest Region, NMFS, determined that FMP 
Amendment 5 is necessary for the conservation and management of the 
bottomfish and seamount groundfish fisheries of the Western Pacific 
region 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 the 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule, if adopted as proposed, would not have a 
significant economic impact on a substantial number of small entities. 
No comments were received regarding this certification. As a result, a 
regulatory flexibility analysis was not prepared.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA). Notwithstanding any other 
provision of the law, no person is required to respond to, nor shall 
any person be subject to a penalty for failure to comply with, a 
collection of information subject to the requirements of the PRA, 
unless that collection of information displays a currently valid OMB 
control number. The collection of this information has been approved by 
OMB, under OMB control number 0648-0204 for Federal fishing permits.
    The public reporting burden for these requirements is estimated to 
be 45 minutes for a Mau Zone limited access permit application, 2 hours 
for a permit appeal submission, and 1 hour for permit renewal exemption 
request per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
This rule also restates an information collection requirement already 
approved by OMB under control number 0648-0204. An application for a 
Ho'omalu Zone limited access permit is estimated to take 2 hours for an 
initial application and 1 hour for an application for renewal. Send 
comments regarding these burden estimates or any other aspect of the 
data requirements, including suggestions for reducing the burden to 
NMFS (see ADDRESSES) and to the Office of Information and Regulatory 
Affairs, OMB, Washington, D.C. 20503 (ATTN: NOAA Desk Officer).

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: April 22, 1999.
Penelope D. Dalton,
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. Section 660.12 is amended by removing the definitions of 
``Pacific Area Office,'' and ``Qualifying landing'', revising the 
definition of ``Owner'' and adding a definition of ``Pacific Islands 
Area Office'' to read as follows:


Sec. 660.12  Definitions.

* * * * *
     Owner, as used in subparts C and D of this part and 
Sec. 660.61(i)through (m),

[[Page 22812]]

means a person who is identified as the current owner of the vessel as 
described in the Certificate of Documentation (Form CG-1270) issued by 
the USCG for a documented vessel, or in a registration certificate 
issued by a state, a territory, or the USCG for an undocumented vessel. 
As used in subpart F of this part and Sec. 660.61(c) through (h), the 
definition of ``owner'' in Sec. 600.10 of this chapter continues to 
apply.
    Pacific Islands Area Office means the Pacific Islands Area Office, 
(PIAO) Southwest Region, NMFS, located in Honolulu, Hawaii. The address 
and phone number may be obtained from the Regional Administrator, whose 
address is in Table 1 to Sec. 600.502 of this chapter.
* * * * *
    3. Section 660.13 is amended by revising paragraphs (f), (g), and 
(i) to read as follows:


Sec. 660.13  Permits and fees.

* * * * *
    (f) Fees. (1) PIAO will not charge a fee for a permit issued under 
subpart D or F of this part, or for a Ho'omalu Zone limited access 
permit issued under Sec. 660.61.
    (2) PIAO will charge a fee for each application for a Hawaii 
longline limited access permit (including permit transfers and permit 
renewals) and Mau Zone limited access permit (including permit 
renewals). The amount of the fee is calculated in accordance with the 
procedures of the NOAA Finance Handbook, available from the Regional 
Administrator, for determining the administrative costs of each special 
product or service. The fee may not exceed such costs and is specified 
with each application form. The appropriate fee must accompany each 
application. Failure to pay the fee will preclude issuance of a Hawaii 
longline or Mau Zone limited access permit.
    (g) Expiration. (1) Permits issued under subparts C, D, and F of 
this part are valid for the period specified on the permit unless 
transferred, revoked, suspended, or modified under 15 CFR part 904.
    (2) Permits issued under subpart E of this part expire at 2400 
local time on December 31.
* * * * *
    (i) Transfer. An application for a permit transfer under 
Secs. 660.21(h), 660.41(e), or 660.61(e), or for registration of a 
permit for use with a replacement vessel under Sec. 660.61(k), must be 
submitted to the PIAO as described in paragraph (c) of this section.
* * * * *
    4. Section 660.61 is revised to read as follows:


Sec. 660.61  Permits.

    (a) Applicability. (1) The owner of any vessel used to fish for 
bottomfish management unit species in the Northwestern Hawaiian Islands 
Subarea must have a permit issued under this section and the permit 
must be registered for use with the vessel.
    (2) The PIAO will not register a single vessel for use with a 
Ho'omalu Zone permit and a Mau Zone permit at the same time.
    (3) Mau Zone permits issued before June 14, 1999 become invalid 
June 14, 1999, except that a permit issued to a person who submitted a 
timely application under paragraph (i) of this section is valid until 
the permit holder either receives a Mau Zone limited entry permit or 
until final agency action is taken on the permit holder's application. 
The Ho'omalu Zone and the Mau Zone limited entry systems described in 
this section are subject to abolition, modification, or additional 
effort limitation programs.
    (b) Submission. (1) An application for a permit required under this 
section must be submitted to the PIAO as described in Sec. 660.13.  (2) 
Ho'omalu Zone limited access permit. In addition to an application 
under Sec. 660.13(c), each applicant for a Ho'omalu Zone permit must 
also submit a supplementary information sheet provided by the PIAO, 
which must be signed by the vessel owner or a designee and include the 
following information:
    (i) The qualification criterion that the applicant believes he or 
she meets for issuance of a limited access permit;
    (ii) A copy of landings receipts or other documentation, with a 
certification from a state or Federal agency that this information is 
accurate, to demonstrate participation in the NWHI bottomfish fishery; 
and
    (iii) If the application is filed by a partnership or corporation, 
the names of each of the individual partners or shareholders and their 
respective percentages of ownership of the partnership or corporation.
    (3) Mau Zone limited access permit. The PIAO will not accept 
applications for a new Mau Zone permit after June 14, 1999. In addition 
to an application under Sec. 660.13(c), each applicant for a Mau Zone 
permit must also submit a supplementary information sheet provided by 
the PIAO, which must be signed by the vessel owner or a designee and 
include the following information:
    (i) The qualification criterion that the applicant believes he or 
she meets for issuance of a limited access permit;
    (ii) Copy of State of Hawaii catch report(s) to demonstrate that 
the permitted vessel had made qualifying landings of bottomfish from 
the Mau Zone; and
    (iii) If the application is filed by a partnership or corporation, 
the names of each of the individual partners or shareholders and their 
respective percentage of ownership of the partnership or corporation.
    (c) Sale or transfer of Ho'omalu limited access permits to new 
vessel owners. (1) A Ho'omalu zone permit may not be sold or otherwise 
transferred to a new owner.
    (2) A Ho'omalu zone permit or permits may be held by a partnership 
or corporation. If 50 percent or more of the ownership of the vessel 
passes to persons other than those listed in the original application, 
the permit will lapse and must be surrendered to the Regional 
Administrator.
    (d) Transfer of Ho'omalu Zone limited access permits to replacement 
vessels. (1) Upon application by the owner of a permitted vessel, the 
Regional Administrator will transfer that owner's permit to a 
replacement vessel owned by that owner, provided that the replacement 
vessel does not exceed 60 ft (18.3 m) in length. The replacement vessel 
must be put into service no later than 12 months after the owner 
applies for the transfer, or the transfer shall be void.
    (2) An owner of a permitted vessel may apply to the Regional 
Administrator for transfer of that owner's permit to a replacement 
vessel greater than 60 ft (18.3 m) in length. The Regional 
Administrator may transfer the permit upon determining, after 
consultation with the Council and considering the objectives of the 
limited access program, that the replacement vessel has catching power 
that is comparable to the rest of the vessels holding permits for the 
fishery, or has catching power that does not exceed that of the 
original vessel, and that the transfer is not inconsistent with the 
objectives of the program. The Regional Administrator shall consider 
vessel length, range, hold capacity, gear limitations, and other 
appropriate factors in making determinations of catching power 
equivalency and comparability of the catching power of vessels in the 
fishery.
    (e) Ho'omalu Zone limited access permit renewal. (1) A qualifying 
landing for Ho'omalu Zone permit renewal is a landing of at least 2,500 
lb (1,134 kg) of bottomfish management unit species from the Ho'omalu 
Zone or a landing of at least 2,500 lb (1,134 kg) of fish from the 
Ho'omalu Zone, of which at least 50

[[Page 22813]]

percent by weight was bottomfish management unit species. A permit is 
eligible for renewal for the next calendar year if the vessel covered 
by the permit made three or more qualifying landings during the current 
calendar year.
    (2) The owner of a permitted vessel that did not make three or more 
qualifying landings of bottomfish in a year may apply to the Regional 
Administrator for waiver of the landing requirement. If the Regional 
Administrator finds that failure to make three landings was due to 
circumstances beyond the owner's control, the Regional Administrator 
may renew the permit. A waiver may not be granted if the failure to 
make three landings was due to general economic conditions or market 
conditions, such that the vessel operations would not be profitable.
    (f) Issuance of new Ho'omalu Zone limited access permits. The 
Regional Administrator may issue new Ho'omalu Zone limited access 
permits under Sec. 660.13 if the Regional Administrator determines, in 
consultation with the Council, that bottomfish stocks in the Ho'omalu 
Zone are able to support additional fishing effort.
    (g) Eligibility for new Ho'omalu Zone limited access permits. When 
the Regional Administrator has determined that new permits may be 
issued, they shall be issued to applicants based upon eligibility, 
determined as follows:
    (1) Point system. (i) Two points will be assigned for each year in 
which the applicant was owner or captain of a vessel that made three or 
more of any of the following types of landings in the NWHI:
    (A) Any amount of bottomfish management unit species, regardless of 
weight, if made on or before August 7, 1985;
    (B) At least 2,500 lb (1,134 kg) of bottomfish management unit 
species, if made after August 7, 1985; or
    (C) At least 2,500 lb (1,134 kg) of any fish lawfully harvested 
from the NWHI, of which at least 50 percent by weight was bottomfish, 
if made after August 7, 1985.
    (ii) One point will be assigned for each year in which the 
applicant was owner or captain of a vessel that landed at least 6,000 
lb (2,722 kg) of bottomfish from the main Hawaiian Islands.
    (iii) For any one year, points will be assigned under either 
paragraph (g)(1)(i) or (g)(1)(ii) of this section, but not under both 
paragraphs.
    (iv) Before the Regional Administrator issues an Ho'omalu zone 
permit to fish for bottomfish under this section, the primary operator 
and relief operator named on the application form must have completed a 
protected species workshop conducted by NMFS.
    (2) Restrictions. An applicant must own at least a 25-percent share 
in the vessel that the permit would cover, and only one permit will be 
assigned to any vessel.
    (3) Order of issuance. New permits shall be awarded to applicants 
in descending order, starting with the applicant with the largest 
number of points. If two or more persons have an equal number of 
points, and there are insufficient new permits for all such applicants, 
the new permits shall be awarded by the Regional Administrator through 
a lottery.
    (4) Notification. The Regional Administrator shall place a notice 
in the Federal Register and shall use other means to notify prospective 
applicants of the opportunity to file applications for new permits 
under this program.
    (h) Eligibility for new Mau Zone limited access permits (1) The 
PIAO will issue an initial Mau Zone permit to a vessel owner who 
qualifies for at least three points under the following point system:
    (i) An owner who held a Mau Zone permit on or before December 17, 
1991, and whose permitted vessel made at least one qualifying landing 
of bottomfish management unit species on or before December 17, 1991, 
shall be assigned 1.5 points.
    (ii) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1991, shall be 
assigned 0.5 point.
    (iii) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1992, shall be 
assigned 1.0 point.
    (iv) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1993, shall be 
assigned 1.5 points.
    (v) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1994, shall be 
assigned 2.0 points.
    (vi) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1995, shall be 
assigned 2.5 points.
    (vii) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1996, shall be 
assigned 3.0 points.
    (viii) Before the PIAO issues a Mau Zone permit to fish for 
bottomfish under this section, the primary operator and relief operator 
named on the application form must have completed a protected species 
workshop conducted by NMFS.
    (2) For purposes of this paragraph Sec. 660.61(h), a ``qualifying 
landing'' means any amount of bottomfish management unit species 
lawfully harvested from the Mau Zone and offloaded for sale. No points 
shall be assigned to an owner for any qualifying landings reported to 
the State of Hawaii more than 1 year after the landing.
    (3) More than one Mau Zone permit may be issued to an owner of two 
or more vessels, provided each of the owner's vessels for which a 
permit will be registered for use has made the required qualifying 
landings for the owner to be assigned at least three eligibility 
points.
    (4) A Mau Zone permit holder who does not own a vessel at the time 
initial permits are issued must register the permit for use with a 
vessel owned by the permit holder within 12 months from the date the 
permit was issued. In the interim, the permit holder may register the 
permit for use with a leased or chartered vessel. If within 12 months 
of initial permit issuance, the permit holder fails to apply to the 
PIAO to register the permit for use with a vessel owned by the permit 
holder, then the permit expires.
    (5) For each of paragraphs (h)(1)(i) through (h)(1)(viii) of this 
section, the PIAO shall assign points based on the landings of one 
permitted vessel to only one owner if the vessel did not have multiple 
owners during the time frame covered by the subordinate paragraphs. If 
a vessel had multiple owners during a time frame covered by any of 
paragraphs (h)(1)(i) through (h)(1)(viii) of this section (including 
joint owners, partners, or shareholders of a corporate owner), the PIAO 
will assign the points for that subordinate paragraph to a single owner 
if only one owner submits an application with respect to the landings 
of that vessel during that time frame. If multiple owners submit 
separate applications with respect to the same landings of the same 
vessel during the same time frame, then the PIAO shall:
    (i) Adhere to any written agreement between the applicants with 
respect to who among them shall be assigned the aggregate point(s) 
generated by landings during such time frame(s), or
    (ii) If there is no agreement:
    (A) Shall issue the applicants a joint permit provided the vessel's 
landings during such time frames generated at least three points, or
    (B) In the event the vessel's landings during such time frame(s) 
generated less than three points, shall not assign any

[[Page 22814]]

points generated by the vessel's landings during such time frame(s).
    (i) Ownership requirements and registration of Mau Zone limited 
access permits for use with other vessels. (1) A Mau Zone permit may be 
held by an individual, partnership, or corporation. No more than 49 
percent of the underlying ownership interest in a Mau Zone permit may 
be sold, leased, chartered, or otherwise transferred to another person 
or entity. If more than 49 percent of the underlying ownership of the 
permit passes to persons or entities other than those listed in the 
original permit application supplemental information sheet, then the 
permit expires and must be surrendered to the PIAO.
    (2) A Mau Zone permit holder may apply under Sec. 660.13 to the 
PIAO to register the permit for use with another vessel if that vessel 
is owned by the permit holder, and is no longer than 60 ft (18.3 m).
    (3) If a Mau Zone permit holder sells the vessel, for which the 
permit is registered for use, the permit holder must within 12 months 
of the date of sale apply to the PIAO to register the permit for use 
with a vessel owned by the permit holder. If the permit holder has not 
applied to register a replacement vessel within 12 months, then the 
permit expires.
    (4) If a permitted vessel owned by the permit holder is sold or 
becomes unseaworthy, the Mau Zone permit with which the vessel was 
registered may be registered for use with a leased or chartered vessel 
for a period not to exceed 12 months from the date of registration of 
the leased or chartered vessel. If by the end of that 12-month period 
the permit holder fails to apply to the PIAO to register the permit for 
use with a vessel owned by the permit holder, then the permit expires.
    (j) Mau Zone limited access permit renewal. (1) A Mau Zone permit 
will be eligible for renewal if the vessel for which the permit is 
registered for use made at least five separate fishing trips with 
landings of at least 500 lb (227 kg) of bottomfish management unit 
species per trip during the calender year. Only one landing of 
bottomfish management unit species per fishing trip to the Mau Zone 
will be counted toward the landing requirement.
    (2) If the vessel for which the permit is registered for use fails 
to meet the landing requirement of paragraph (j)(1) of this section, 
the owner may apply to the Regional Administrator for a waiver of the 
landing requirement. Grounds for a waiver are limited to captain 
incapacitation, vessel breakdowns, and the loss of the vessel at sea if 
the event prevented the vessel from meeting the landing requirement. 
Unprofitability is not sufficient for waiver of the landing 
requirement.
    (3) Failure of the permit holder to register a vessel for use under 
the permit does not exempt a permit holder from the requirements 
specified in this paragraph.
    (k) Appeals of permit actions. (1) Except as provided in subpart D 
of 15 CFR part 904, any applicant for a permit or a permit holder may 
appeal the granting, denial, or revocation of his or her permit to the 
Regional Administrator.
    (2) In order to be considered by the Regional Administrator, such 
appeal must be in writing, must state the action appealed, and the 
reasons therefore, and must be submitted within 30 days of the appealed 
action. The appellant may request an informal hearing on the appeal.
    (3) The Regional Administrator, in consultation with the Council, 
will decide the appeal in accordance with the FMP and implementing 
regulations and based upon information relative to the application on 
file at NMFS and the Council, the summary record kept of any hearing, 
the hearing officer's recommended decision, if any, and any other 
relevant information.
    (4) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose. The applicant or permit holder may appear personally or be 
represented by counsel at the hearing and submit information and 
present arguments as determined appropriate by the hearing officer. 
Within 30 days of the last day of the hearing, the hearing officer 
shall recommend in writing a decision to the Regional Administrator.
    (5) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
The Regional Administrator's decision on the application is the final 
administrative decision of the Department of Commerce, and is effective 
on the date the Administrator signs the decision.
    5. Section 660.62 is amended by revising paragraph (b), removing 
paragraph (c), and redesignating paragraphs (d) through (f) as 
paragraphs (c) through (e), respectively, to read as follows:


Sec. 660.62  Prohibitions.

* * * * *
    (b) Fish for, or retain on board a vessel, bottomfish management 
unit species in the Ho'omalu Zone or Mau Zone without the appropriate 
permit, registered for use with that vessel, issued under Sec. 660.13.
* * * * *
    6. Section 660.67 is amended by removing paragraph (d)(3) and 
adding new paragraph (e) to read as follows:


Sec. 660.67  Framework for regulatory adjustments.

* * * * *
    (e) Five-year review. The Council will conduct a comprehensive 
review on the effectiveness of the Mau Zone limited access program 5 
years following implementation of the program. The Council will 
consider the extent to which the FMP objectives have been met and 
verify that the target number of vessels established for the fishery is 
appropriate for current fishing activity levels, catch rates, and 
biological condition of the stocks. The Council may establish a new 
target number based on the 5-year review.

[FR Doc. 99-10635 Filed 4-27-99; 8:45 am]
BILLING CODE 3510-22-F