[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36820-36823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17323]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 990630177-9177-01; I.D. 051099A]
RIN 0648-AK61


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Crustacean Fisheries; Bank-specific Harvest Guidelines

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 a regulatory 
amendment under the framework procedures of the Fishery Management Plan 
for the Crustacean Fisheries of the Western Pacific Region. This rule 
divides the Northwestern Hawaiian Islands (NWHI) lobster fishery into 
four fishing grounds and allows the Southwest Regional Administrator, 
NMFS (Regional Administrator) to allocate the annual NWHI harvest 
guideline among these grounds for the 1999 season and beyond. Also, 
this final rule allows a lobster vessel carrying an operational NMFS-
certified vessel monitoring system (VMS) unit to be within the boundary 
of a fishing grounds immediately after it is closed, provided the 
vessels is 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: Effective July 2, 1999.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) and the 
Final Regulatory Flexibility Analysis (FRFA) for this action are 
available from Kitty Simonds, Executive Director, Western Pacific 
Fishery Management Council, 1164 Bishop Street, Suite 1400, Honolulu, 
HI 96813. Send comments

[[Page 36821]]

regarding the reporting burden estimate or any other aspect of the 
collection-of-information requirements in this final rule, including 
suggestions for reducing the burden, to Pacific Islands Area Office, 
NMFS, 2570 Dole Street, Honolulu, HI, 96822-2396 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: Kitty M. Simonds at 808-522-8220 or 
Alvin Z. Katekaru, Fishery Management Specialist, Pacific Islands Area 
Office, NMFS, at 808-973-2985.

SUPPLEMENTARY INFORMATION: This rule divides the NWHI lobster fishery 
into four fishing grounds: Necker Island, Gardner Pinnacles, Maro Reef, 
and all the remaining lobster banks combined, for the purpose of 
allocating the annual NWHI lobster harvest guideline among them. Also, 
the rule authorizes the Regional Administrator, in consultation with 
the Western Pacific Fishery Management Council (Council), to allocate 
the annual NWHI-wide lobster harvest among the four lobster fishing 
grounds. Under this final rule, the harvest of lobster and the 
possession of lobster traps on board a permitted lobster vessel will 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 is making steady 
progress to another fishing ground that is open, or is returning to 
port. Also, vessels with a VMS unit will not be subject to a specified 
time by which their lobsters must be landed. Vessels not carrying an 
operational VMS unit will be required to land their lobsters within a 
specified time period, to be announced by the Regional Administrator, 
following closure of the fishery, as provided by current regulations 
(50 CFR 660.50).
    The preamble of the proposed rule contained descriptions of the 
alternatives considered, as well as the reasons for adopting the 
preferred alternative; those reasons are not repeated here. (64 FR 
29834, June 3, 1999). This final rule is intended to help prevent 
localized depletion of the lobster populations at Necker Island, 
Gardner Pinnacles, and Maro Reef; to promote broader distribution of 
fishing effort among the remaining NWHI fishing grounds; to obtain 
better data on the lobster stocks, which would allow for the 
specification of additional fishing grounds as new information becomes 
available; and to conserve the resource. The intent of the VMS 
provision is to encourage lobster vessels to carry a VMS unit to allow 
NMFS to monitor their location on a real-time basis.
    No comments were received on the proposed rule. Therefore, the 
final rule is unchanged from the proposed rule, with the exception of 
one technical change. The proposed rule incorrectly referenced a 
proposed change to Sec. 660.48(a)(7) when the change actually intended 
was to Sec. 660.48(a)(8). The final rule makes the necessary 
correction.
    In a separate rule, appearing in today's Federal Register, NMFS 
announces the allocation of the 1999 harvest guideline of 243,100 
lobsters among each of the four fishing grounds.

Classification

    The Assistant Administrator for Fisheries, NOAA, for good cause, 
waives the 30-day delay in effectiveness for this rule under 5 U.S.C. 
553(d)(3) in order to ensure the health of the lobster resource in the 
NWHI by preventing the potential for severe depletion of the lobster 
population at any of the major fishing grounds: Necker Island, Gardner 
Pinnacles, and Maro Reef, this fishing season. The rule should be in 
effect by July 1, when the fishing season starts, or as soon as 
possible thereafter. The allocation of the harvest guideline itself 
does not require action by any fisherman; rather it directs when the 
Regional Administrator must close each of the four fishing grounds. All 
participants will be provided actual notification of this rule. 
Therefore, delaying implementation of this rule would be contrary to 
the public interest and unnecessary.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared an EA/RIR/IRFA and a FRFA as part of the regulatory 
impact review. No public comments were received on the initial 
regulatory flexibility analysis (summarized in the Federal Register on 
June 3, 1999, at 64 FR 29834). A summary of the FRFA follows. The final 
rule establishes four fishing grounds: Necker Island, Gardner 
Pinnacles, Maro Reef, and all the remaining lobster fishing banks 
combined, for the purpose of allocating the annual NWHI lobster harvest 
guideline among them. It is intended to protect the lobster resources 
at each fishing ground, to provide better data on stocks, and to 
conserve the resource. The preambles to the proposed and final rules 
provide more details on the need for, and objectives of, this rule. The 
final rule applies to the 12 individuals who have been issued the 15 
permits in the NWHI limited entry crustacean fishery. All participants 
in this fishery are small entities. No new reporting or recordkeeping 
requirements are required by the rule. This action embodies several 
steps taken to minimize the economic impact of the chosen measure on 
small entities. First, the alternative implemented by this final rule 
will result in long-term economic benefits to the fishery. Second, any 
vessel with an operational NMFS-certified VMS unit on board is not 
required to land lobsters by a specified time (thereby allowing 
flexibility in the vessel's activities). Also, any vessel so equipped 
may transit across a closed lobster fishing ground when it is making 
steady progress to another fishing ground that is open or it is 
returning to port. The reason for choosing the alternative implemented 
by this rule is that it will best allow for the attainment of the 
objectives of protecting lobster at each fishing ground, of providing 
better data, and of conserving the resource. The Council considered 
operating the fishery under a single annual harvest guideline, but 
rejected this alternative because it would not provide a means of 
limiting localized depletion. The Council considered Necker-Maro-
Gardner (only) bank-specific harvest guidelines but rejected this 
alternative primarily because it would not afford bank-specific 
protection to other NWHI banks, if needed. The Council considered 
general area-specific harvest guidelines and full bank-specific harvest 
guidelines but rejected these alternatives because a lack of data for 
making these types of allocations may lead to mis-specified harvest 
guidelines.
    Based on the experience of the 1998 fishery which was managed under 
an nearly identical rule, participants are expected to fish at the 
Necker Island, Maro Reef, and Gardner Pinnacles fishing grounds until 
each closes. Some fishing is expected to take place on the other 
remaining lobster grounds in the NWHI (Table 1 of the RIR/IRFA and 
FRFA). However, average catch per unit of effort rates are expected to 
be lower than those at Necker Island, Gardner Pinnacles, and Maro Reef, 
and the entire NWHI harvest 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 (Table 
2 of the RIR/IRFA and FRFA). However, this rule should result in long-
term economic benefits to the fishery as the resource increases with 
improved fisheries management. A copy of the

[[Page 36822]]

FRFA is available from the Council (see ADDRESSES).
    This rule contains a collection-of-information requirement 
regarding VMS use and is 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 0648-0307. 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).
    An informal consultation under the Endangered Species Act was 
concluded on June 7, 1999, to determine whether the effect on Hawaiian 
monk seals from the fishery managed under this action is likely to be 
adverse. As a result, the Regional Administrator determined that 
fishing activities conducted under this rule are not likely to affect 
adversely endangered or threatened species or critical habitat.

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 2, 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 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)(8) to read 
as follows:


Sec. 660.48  Gear restrictions.

    (a) * * *
    (8) 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, 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)(8).
    (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:

[[Page 36823]]

    (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. 99-17323 Filed 7-2-99; 4:15 pm]
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