[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36819-36820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17324]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 990630178-9178-01; I. D. 062499A]
RIN 0648-XA31


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Crustacean Fisheries; 1999 Bank-Specific Harvest 
Guidelines

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

ACTION: Bank-specific harvest guidelines for the Northwestern Hawaiian 
Islands (NWHI) crustacean fishery for 1999.

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SUMMARY: NMFS announces the 1999 bank-specific harvest guidelines for 
the NWHI crustacean fisheries. The previously announced total NWHI-wide 
harvest guideline of 243,100 lobsters (spiny and slipper lobster 
combined) is allocated among the four NWHI lobster fishing grounds as 
follows: Necker Island, 54,600 lobsters; Gardner

[[Page 36820]]

Pinnacles, 27,690 lobsters; Maro Reef, 89,570 lobsters; and the other 
remaining lobster banks combined, 71,240 lobsters. 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 2, 1999.

ADDRESSES: Copies of background material pertaining to this action may 
be obtained from Alvin Z. Katekaru, Fishery Management Specialist, 
Pacific Islands Area Office (PIAO), NMFS, 2570 Dole St., Honolulu, HI 
96822 or Kitty M. Simonds, Executive Director, Western Pacific Fishery 
Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru at 808-973-2937.

SUPPLEMENTARY INFORMATION: During 1998, the Western Pacific Fishery 
Management Council (Council) and NMFS, under FMP framework procedures, 
implemented a bank-specific harvest guideline program for the NWHI 
lobster fishery to prevent the potential risk of fishermen over-
exploiting the lobster resources at Necker Island, Gardner Pinnacles, 
and Maro Reef. That program was for only one season, July 1 through 
December 31, 1998. At its meeting in December 1998, the Council 
recommended the establishment of four NWHI lobster fishing grounds 
consisting of Necker Island, Gardner Pinnacles, Maro Reef, and the 
other remaining NWHI lobster banks combined. Also, the Council 
recommended that the Regional Administrator, in consultation with the 
Council, be authorized to allocate the annual NWHI-wide harvest 
guideline among the four fishing grounds. On April 8, 1999, the Council 
requested the Regional Administrator to initiate rulemaking to 
establish a permanent bank-specific harvest allocation program for the 
NWHI lobster fishery.
    Under a separate rule, appearing in today's Federal Register, NMFS 
established a permanent bank-specific harvest allocation program. On 
March 11, 1999, NMFS announced in the Federal Register (64 FR 12092) 
the 1999 NWHI-wide harvest guideline of 243,100 lobsters, spiny and 
slipper lobsters combined, based on an estimated total exploitable 
lobster population of 1,870,000. Subsequently, NMFS Southwest Fisheries 
Science Center scientists calculated exploitable population estimates 
for Necker Island, Gardner Pinnacles, Maro Reef, and the other 
remaining lobster banks combined. By applying the FMP-specified 
constant harvest rate of 13 percent to the exploitable population 
estimates for each of the four fishing grounds, the Regional 
Administrator determined the 1999 harvest guideline for Necker Island 
to be 54,600 lobsters; Gardner Pinnacles, 27,690 lobsters; Maro Reef, 
89,570 lobsters; and all the other remaining NWHI lobster banks 
combined, 71,240 lobsters. The Regional Administrator will close each 
fishing ground when its harvest guideline is estimated to be reached.
    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 for each fishing ground. 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 bank-
specific harvest guideline of each of the fishing grounds. When the 
harvest guidelines of all the fishing grounds are attained, the 
Regional Administrator will close the entire NWHI lobster fishery. 
Under the procedures in 50 CFR 660.50(b), NMFS will announce the date 
upon which the harvest guideline will be reached and 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, NOAA, (AA) finds that 
because this action merely announces bank-specific harvest guidelines 
resulting from 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. The AA also finds that there is good cause to waive 
the 30-day delay in effectiveness for this rule under 5 U.S.C. 553 
(d)(3). In order to insure the health of the lobster resources in the 
NWHI by preventing the potential for overexploiting those resources at 
any of the major fishing grounds (Necker Island, Gardner Pinnacles, or 
Maro Reef) this fishing season, this action must be in effect as soon 
as practicable after the season opening on July 1, 1999. Therefore, 
delaying this action would be contrary to the public interest and 
unnecessary.
    Because prior notice and opportunity for public comment are not 
required for 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: July 2, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-17324 Filed 7-2-99; 4:15 pm]
BILLING CODE 3510-22-F