[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Proposed Rules]
[Pages 29834-29837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14061]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 990304061-9150-02; I.D. 051099A]
RIN 0648-AL63
Fisheries off West Coast States and in the Western Pacific;
Western Pacific Crustaceans Fisheries; Bank-Specific Harvest Guidelines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes a rule that would divide the Northwestern
Hawaiian Islands (NWHI) lobster fishery into four fishing grounds and
allow the Southwest Regional Administrator, NMFS (Regional
Administrator) to allocate the annual NWHI harvest guideline among
these grounds for the 1999 season and beyond. The four lobster fishing
grounds would be: Necker Island, Maro Reef, Gardner Pinnacles, and the
remaining NWHI lobster fishing grounds combined. Also, the proposed
rule would allow lobster vessels carrying a NMFS-certified vessel
monitoring system (VMS) unit to be within the boundary of a fishing
grounds immediately after it is closed, provided the vessels are making
steady progress to an open fishing grounds or back to port. This rule
is intended to protect the lobster resources at each fishing ground, to
provide better data on stocks, and to conserve the resource.
DATES: Written comments must be received on or before June 18, 1999.
ADDRESSES: Written comments should be sent to the Regional
Administrator, 2570 Dole Street, Honolulu, Hawaii 96822 (attn: Al
Katekaru). Copies of the regulatory impact review/initial regulatory
flexibility analysis (RIR/IRFA) (revised May 1999) and environmental
assessment are available
[[Page 29835]]
from Kitty Simonds, Executive Director, Western Pacific Fishery
Management Council (Council), 1164 Bishop St. Suite 1400, Honolulu, HI
96814. Comments regarding the collection-of-information requirements
contained in this rule should be sent to the Regional Administrator and
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Washington, D.C. 20503 (Attention: NOAA
Desk Officer).
FOR FURTHER INFORMATION CONTACT: Kitty Simonds at 808-522-8220 or Alvin
Katekaru, Fishery Management Specialist, Pacific Islands Area Office,
NMFS, at 808-973-2985.
SUPPLEMENTARY INFORMATION: Under the framework procedures of the
Fishery Management Plan for the Crustaceans Fisheries of the Western
Pacific Region (FMP) and its implementing regulations (50 CFR 660.53),
the Council, at its 98th meeting, requested that the Regional
Administrator initiate rulemaking to define the above four fishing
grounds for the purpose of allocating the annual NWHI lobster harvest
guideline among them.
The procedure for determining the annual NWHI lobster harvest
guideline, which was also employed during the 1998 lobster season,
follows the methodology described in FMP Amendments 7 and 9. NMFS
estimates the NWHI exploitable population of lobsters (spiny and
slipper lobsters combined) at the beginning of the lobster season,
which opens on July 1. The exploitable lobster population is the total
number of lobsters, regardless of lobster size or reproductive
condition, that are vulnerable to commercial fishing gear. Commercial
logbook catch and effort data, provided by fishermen and augmented by
NMFS scientific/observer and dealer pack-out information, are used to
estimate the exploitable lobster population for the NWHI and the four
fishing grounds.
Under procedures established by this proposed rule, the Regional
Administrator would be authorized to allocate the annual NWHI lobster
harvest guideline between the four fishing grounds by applying the FMP-
specified constant harvest rate of 13 percent to the exploitable
lobster population estimates for each of the four fishing grounds. The
13-percent harvest rate is associated with a 10-percent risk of
overfishing. NMFS would announce the annual total lobster harvest
guideline, including the bank-specific harvest allocations, in the
Federal Register by February 28 of each year (50 CFR 660.50). During
the lobster season, NMFS would monitor the amount of lobsters harvested
on a daily basis and, when the bank-specific harvest guideline for a
lobster fishing ground is taken or projected to be taken, the Regional
Administrator would announce, at least 24 hours in advance, closure of
that fishing ground via electronic communication to each of the vessels
participating in the fishery. The entire NWHI lobster fishery would
close when all four fishing grounds are closed or on December 31 of
that year, whichever occurs first.
Under the proposed rule, the harvest of lobster and the possession
of lobster traps on board a permitted lobster vessel would be
prohibited within a lobster fishing ground when the harvest guideline
allocation is determined to have been taken, unless the vessel has on
board an operational NMFS-certified VMS unit and makes steady progress
to another fishing ground that is open, or returns to port. This
proposed provision, which was implemented on a trial basis during the
1998 lobster season, is intended to encourage lobster vessels to carry
a VMS unit to allow NMFS to monitor their location on a real-time
basis. Also, vessels with a VMS unit would not be subject to a
specified time by which their lobsters must be landed. Vessels not
carrying an operational VMS unit would be required to land their
lobsters within a specified time period, determined by the Regional
Administrator, following closure of the fishery, as provided by current
regulations (50 CFR 660.50).
At its meeting on December 3, 1998, the Council considered a number
of alternatives for permanently allocating the NWHI harvest guideline
between fishing grounds (or banks). These were: (1) No action (return
to a pre-1998, NWHI-wide harvest guideline program); (2) Necker Island,
Maro Reef, Gardner Pinnacles, and all other grounds combined
(Preferred, Partial and Bank-Specific Alternative), with the option of
further defining subareas as new information becomes available; (3)
Necker-Maro-Gardner-other grounds, which is similar to alternative 2,
but with no option for defining new areas; (4) General area where
several banks are combined into broad areas, i.e., combining Nihoa-
Necker-French Frigate Shoals-Gardner Pinnacles into one area, and NMFS
would allocate a portion of the NWHI harvest guideline to each area;
and (5) Full bank, with each of the 16 lobster banks assigned a harvest
guideline to the extent data are available to estimate the exploitable
lobster population for a bank. The Council concluded that the preferred
alternative (Necker-Gardner-Maro-General Area lobster grounds with the
option of establishing additional fishing grounds) would best meet the
management objectives of the FMP and would enhance lobster resource
conservation because it would help prevent local depletion at the
Necker Island, Gardner Pinnacles, and Maro Reef fishing grounds and
promote a broader distribution of fishing effort in other areas of the
NWHI (General Area fishing grounds). Also, this action would provide
more information about the lobster resource in the NWHI, because
lobster fishing effort would be more widely distributed than it was in
the past several years and would allow for the specification of
additional fishing grounds as new information becomes available. This
information, combined with a NMFS scientific data collection/observer
program, should result in more effective management of the fishery.
Most important, the proposed allocation system would respond to the
concern that, unless lobster harvest at Necker Island, Gardner
Pinnacles, and Maro Reef is limited, the lobster populations in those
areas may be at risk.
If a final rule is issued after the public comment period, it is
NMFS intention to make it effective before or as close as possible to
the July 1, 1999, season opening and to announce bank-specific
allocations of the 1999 harvest guideline concurrently, or soon
thereafter as possible.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS has prepared a regulatory impact review/initial regulatory
flexibility analysis (RIR/IRFA) in compliance with the Regulatory
Flexibility Act. This analysis describes the impact this proposed rule
would have on small entities. The proposed rule would apply to the 12
permit holders, who own the 15 vessels in this limited entry fishery;
however, typically only about half of the permitted vessels are
expected to participate in each annual fishery. All participants in the
fishery are small entities. No new reporting or record keeping
requirements would be imposed by this proposed rule. No Federal rules
are known to duplicate, overlap, or conflict with this rule. The
reasons for, objectives of, and legal basis for this rule are described
elsewhere in this preamble. The five alternative actions the Council
considered regarding permanent allocation of the NWHI harvest guideline
are discussed previously in the preamble to this rule, and in the RIR/
IRFA. The IRFA compares annual revenues and costs per
[[Page 29836]]
vessel under the following four scenarios: (1) No allocations among
fishing grounds; (2) 1998 allocation of the NWHI-wide harvest guideline
among four fishing grounds, i.e., Necker Island, Maro Reef, Gardner
Pinnacles, and Other Grounds; (3) 50-percent increase in the 1998
harvest allocation for each of the fishing grounds that have
historically produced the majority of the lobster landings from the
NWHI (i.e., Necker Island, Maro Reef, and Gardner Pinnacles); and (4)
50-percent decrease in the 1998 harvest allocation for the Necker
Island, Maro Reef, and Gardner Pinnacles fishing grounds. The impact of
each of the four scenarios in terms of gross revenue, operating costs,
return on operations, fixed costs, net revenue, and return on
investment is presented in Table 2 to the IRFA.
Based on the experience of the 1998 fishery, which was managed
under a nearly identical 1-year rule on a trial basis, participants are
expected to fish at the Necker Island, Maro Reef, and Gardner Pinnacles
fishing grounds until each closes. Some fishing on the Other Grounds in
the NWHI will take place. However, average catch per unit effort rates
are expected to be lower than those on the other three fishing grounds,
and the entire NWHI harvest guideline may not be taken (22 percent of
the total harvest guideline was not taken in 1998). This will lead to
lower average gross revenues, as well as to slightly higher travel
costs compared to the same harvest guidelines unallocated among banks.
However, the proposed action should result in long-term economic
benefits to the fishery as the resource increases with improved
fisheries management. A copy of the RIR/IRFA is available for public
review and comment (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a 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. This rule contains a collection-of-
information requirement subject to the Paperwork Reduction Act (PRA)
that has been approved by OMB under OMB Control Number 0648-0307. This
rule's collection-of-information burden is only for those persons who
wish to voluntarily use a VMS unit in the fishery. The collection is to
query through the VMS system a vessel to learn of its location before
and after the start of the season or closure of a fishing ground, which
is automatic with no action required by the vessel operator, except to
verify the VMS unit is operating. The burden associated with this
collection is estimated to require a response time of .033 seconds.
Permit holders whose vessels are not equipped with VMS would have the
option of installing new VMS in order to participate under this
regulatory option for the opening and closing of the lobster season and
transitting between fishing grounds. Send comments regarding the
collection-of-information burden or any other aspect of the information
collection to NMFS and OMB (see ADDRESSES).
A formal section 7 consultation under the Endangered Species Act
was concluded for Amendment 9, which established the harvest guideline
system. On February 20, 1999, NMFS initiated an informal section 7
consultation to determine whether the effect on Hawaiian monk seals
from the fishery managed under the proposed action is likely to be
adverse. During the consultation NMFS will consider the Marine Mammal
Commission's recommendation to prohibit lobster fishing at French
Frigate Shoals, Kure Atoll, Pearl and Hermes Reef, and Lisianski Island
because of their proximity to major Hawaiian monk seal breeding
colonies. This consultation is expected to be concluded soon.
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fisheries, Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana
Islands, Reporting and record keeping requirements.
Dated: May 28, 1999.
Andrew A. Rosenberg,
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. Section 660.12 is amended by adding the definition of ``Lobster
grounds'', in alphabetical order, to read as follows:
Sec. 660.12 Definitions.
* * * * *
Lobster grounds refers, singularly or collectively, to the
following four areas in Crustaceans Permit Area 1 that shall be used to
manage the lobster fishery:
(1) Necker Island Lobster Grounds--waters bounded by straight lines
connecting the following coordinates in the order presented: 24 deg.00'
N. lat., 165 deg.00' W. long.; 24 deg.00' N. lat., 164 deg.00' W.
long.; 23 deg.00' N. lat., 164 deg.00' W. long.; and 23 deg.00' N.
lat., 165 deg.00' W. long.
(2) Gardner Pinnacles Lobster Grounds--waters bounded by straight
lines connecting the following coordinates in the order presented:
25 deg.20' N. lat., 168 deg.20' W. long.; 25 deg.20' N. lat.,
167 deg.40' W. long.; 24 deg.20' N. lat., 167 deg.40' W. long.; and
24 deg.20' N. lat., 168 deg.20' W. long.
(3) Maro Reef Lobster Grounds--waters bounded by straight lines
connecting the following coordinates in the order presented: 25 deg.40'
N. lat., 171 deg.00' W. long.; 25 deg.40' N. lat., 170 deg.20' W.
long.; 25 deg.00' N. lat., 170 deg.20' W. long.; and 25 deg.00' N.
lat., 171 deg.00' W. long.
(4) General NWHI Lobster Grounds--all waters within Crustaceans
Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro
Reef Lobster Grounds.
* * * * *
3. Section 660.42 is amended by adding new paragraphs (a)(1)(vi)
and (a)(13) to read as follows:
Sec. 660.42 Prohibitions.
* * * * *
(a) * * *
(1) * * *
(vi) In a lobster grounds after closure of that grounds as
specified in Sec. 660.50(b).
* * * * *
(13) Possess, on a fishing vessel that has a limited access permit
issued under this subpart, any lobster trap in a lobster grounds that
is closed under Sec. 660.50(b), unless the vessel has an operational
VMS unit, certified by NMFS, on board.
* * * * *
4. Section 660.48 is amended by revising paragraph (a)(7) to read
as follows:
Sec. 660.48 Gear restrictions.
(a) * * *
(7) A vessel, whose owner has a limited access permit issued under
this subpart and has on board an operational VMS unit certified by
NMFS, may transit Crustaceans Permit Area 1, including Crustaceans
Permit Area 1 VMS Subarea, with lobster traps on board for the purpose
of moving to another lobster grounds or returning to port following the
closure date, as specified in Sec. 660.50, providing the vessel does
not stop or fish and is making steady progress to another lobster
grounds or back to port as determined by NMFS.
* * * * *
5. Section 660.50 is amended by revising paragraph (a) introductory
text,
[[Page 29837]]
paragraphs (b)(1), (b)(3) and (b)(4), and adding new paragraph (b)(5)
to read as follows:
Sec. 660.50 Harvest limitation program.
(a) General. Harvest guidelines for the Necker Island Lobster
Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds,
and General NWHI Lobster Grounds for Permit Area 1 will be set annually
for the calendar year and shall:
* * * * *
(b) Harvest guideline. (1) The Regional Administrator shall use
information from daily lobster catch reports and lobster sales reports
from previous years, and may use information from research sampling and
other sources to establish the annual harvest guideline in accordance
with the FMP after consultation with the Council.
* * * * *
(3) The Regional Administrator shall determine, on the basis of the
information reported to NMFS by the operator of each vessel fishing,
when the harvest guideline for each lobster ground will be reached.
(4) Notice of the date when the harvest guideline for a lobster
ground is expected to be reached and specification of the closure date
of the lobster grounds will be provided to each permit holder and/or
operator of each permitted vessel at least 24 hours in advance of the
closure. After a closure, the harvest of lobster in that lobster ground
is prohibited, and the possession of lobster traps on board the vessel
in that lobster ground is prohibited unless allowed under
Sec. 660.48(a)(7).
(5) With respect to the notification in paragraph (b)(4) of this
section, NMFS shall provide each permit holder and operator of each
permitted vessel with the following information, as appropriate:
(i) Determination of when the over-all harvest guideline for
Crustaceans Permit Area 1 will be reached;
(ii) Closure date after which harvest of lobster or possession of
lobster traps on board the vessel in a lobster grounds is prohibited;
(iii) Closure date after which the possession of lobster traps on
board the vessel in Crustaceans Permit Area 1 is prohibited by any
permitted vessel that is not operating a VMS unit certified by NMFS;
and
(iv) Specification of when further landings of lobster will be
prohibited by permitted vessels not carrying an operational VMS unit,
certified by NMFS, on board.
* * * * *
[FR Doc. 99-14061 Filed 6-2-99; 8:45 am]
BILLING CODE 3510-22-P