[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Proposed Rules]
[Pages 52761-52763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25413]


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DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 092499I]


Western Pacific Fishery Management Council; Public Hearings

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

ACTION: Notice of public meeting/public scoping hearing/public 
hearings.

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SUMMARY: The Western Pacific Fishery Council (Council) will hold its 
101st meeting in Honolulu, HI. The Council expects to 
initiate action on shark management and expects to adopt a draft Coral 
Reef Ecosystem Fishery Management Plan (FMP) at this meeting. The 
Council may take final action on regulatory amendments for precious 
corals and incidental catch of seabirds in the Hawaii longline fishery. 
A public hearing will be held on the management alternatives being 
considered in the draft Coral Reef Ecosystem FMP of the U.S. Western 
Pacific Region and being analyzed in associated documents, including a 
Draft Environmental Impact Statement (DEIS). A public scoping hearing 
on the intent to prepare an Environmental Impact Statement (EIS) will 
be held on the Bottomfish and Seamount Groundfish FMP.

DATES: The full Council meeting will be held on October 19-21, 1999. 
The Council's Standing Committees will meet on October 18, 1999. See 
SUPPLEMENTARY INFORMATION for specific dates and times for these 
meetings.

ADDRESSES: The Council meeting will be held at the Lanai 
Ballroom, Sheraton Waikiki Hotel, 2255 Kalakaua Ave., Honolulu, Phone: 
(808) 922-4422.
    Council address: Western Pacific Fishery Management Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; 
telephone 808-522-8220.

SUPPLEMENTARY INFORMATION:

Dates and Times

    Enforcement/Vessel Monitoring System (VMS) from 8:00 a.m. to 10:00 
a.m., International Fisheries/Pelagics Fisheries from 9:30 a.m. to 
11:30 a.m., Bottomfish Fisheries from 10:30 a.m. to 11:30 a.m., 
Ecosystem & Habitat from 1:00 p.m. to 3:00 p.m., Native and Indigenous 
Rights from 1:00 p.m. to 3:00 p.m., Precious Corals Fisheries from 3:00 
p.m. to 4:00 p.m., Crustaceans Fisheries from 3:00 p.m. to 4:00 pm, and 
Executive/Budget & Program from 4:00 p.m. to 6:00 p.m. The full Council 
will meet on October 19, 20 and 21, 1999, from 8:30 a.m. to 5:00 p.m., 
each day. Public hearings will be conducted as follows: Draft Coral 
Reef Ecosystem FMP/DEIS-October 19, 1999; regulatory amendment 
governing incidental catch of seabirds in Hawaii longline fishery-
October 20, 1999; scoping on bottomfish FMP EIS-October 21, 1999; and 
regulatory amendment for precious corals-October 21, 1999.

Agenda

    The agenda during the full Council meeting will include the items 
below. The order in which agenda items are addressed may change. The 
Council will meet as late as necessary to complete scheduled business.
    1. Introductions
    2. Approval of Agenda
    3. Approval of 100st Meeting Minutes
    4. Island Reports
    A. American Samoa
    B. Guam
    C. Hawaii
    D. Northern Mariana Islands
    5. Reports from Fishery Agencies and Organizations
    A. Department of Commerce
    (1) NMFS
    (a) Southwest Region, Pacific Island Area Office
    (b) Southwest Fisheries Science Center LaJolla and Honolulu 
Laboratory
    (2) NOAA General Counsel, Southwest Region
    B. Department of the Interior
    (1) Fish and Wildlife Service
    6. Enforcement
    A. Cooperative enforcement presentation to American Samoa B. U.S. 
Coast Guard enforcement activities
    C. NMFS enforcement activities and status of violations

[[Page 52762]]

    D. Cooperative agreements for Guam
    E. Illegal immigration related to the foreign fishing fleet
    7. VMS
    A. Hawaii VMS report
    B. National VMS plans
    8. Ecosystems and Habitat
    A. Honolulu Lab Essential Fish Habitat (EFH) research
    B. Draft coral reef ecosystem FMP/DEIS (Council will take initial 
action to select preferred management alternatives and may direct staff 
to finalize the draft FMP/DEIS for distribution for public review
    (1) Introduction to the FMP
    (2) Description of the fisheries
    (3) Description of threats/management issues
    (4) Management objectives, program and impacts
    (a) Fishing permits (alternatives include, but are not limited to, 
exploratory permit and reporting requirements, general permit based on 
standard eligibility requirements, moratorium to prohibit all harvest 
of coral reef species, and status quo (no action))
    (b) Marine Protected Areas (alternatives include, but are not 
limited to, candidate areas, such as remote U.S. atolls and the 
Northwestern Hawaiian Islands (NWHI) shallower than 20 meters, or 
status quo (no action))
    (c) Restrictions of gear and methods (alternatives include, but are 
not limited to, allow only selective, non-destructive gear and methods, 
allow no gear or methods, allow use of other gears and/or methods, 
restrict other methods and practices, or status quo (no action))
    (d) Restrict harvest of a particular management unit species 
(alternatives include, but are not limited to, restrict harvest of 
corals and live rock, restrict harvest of other selected species, 
restrict the harvest of all management unit species, or no restrictions 
(no action))
    (e) Framework provisions (alternatives include, but are not limited 
to, establish a framework regulatory process with specified options for 
future consideration, or status quo (no action))
    (5) Description of resource ecosystem
    (6) EFH
    (7) Sustainable Fisheries Act determinations
    (8) Relationship to existing laws and policies
    (9) Future needs
    (10) Plan Team recommendations
    (11) Advisory Panel recommendations
    (12) Science and Statistical Committee recommendations
    (13) Public hearing on draft FMP/DEIS
    9. Fishery Rights of Indigenous Peoples
    A. Review of marine conservation plans. Council will review the 
plan submitted by the Governor of Guam and any other plan submitted and 
may take final action.
    B. Status of community development program/demonstration projects
    10. Pelagic FMP issues
    A. 2nd quarter 1999 Hawaii and American Samoa longline 
fishery report
    B. Shark management
    (1) Update on catch trends and NMFS shark studies
    (2) Status of study of the cultural-historic significance of sharks 
to the indigenous peoples of Hawaii, American Samoa, Guam and the 
Northern Mariana Islands.
    (3) Discussion of optimal utilization of sharks in the Western 
Pacific, including transshipment of shark products. The increase in 
shark finning has raised concerns about the perceived waste associated 
with this practice. In addition, there are concerns about the impacts 
of increased fishing pressure on shark stocks. The Council will discuss 
various management options to address these issues and expects to 
initiate action. Management options include, but are not limited to, 
harvest quotas, size limits, finning restrictions, release conditions 
and reporting requirements.
    (4) Federal-State coordination in shark management in waters around 
the Hawaiian Islands
    C. Incidental catch of seabirds in the Hawaii longline fishery
    (1) Update on catch trends and numbers
    (2) Final report by Garcia and Associates on evaluation of 
mitigation measures
    (3) Final action on measures to reduce the incidental catch of 
seabirds in the Hawaii longline fishery. The preferred action initially 
identified by the Council at the June 16-18, 1999, Council meeting is 
to require vessels with Hawaii Longline Limited Entry Permits operating 
with longline gear above 25 deg. N. latitude to adhere to two or more 
of the following measures to mitigate seabird-longline interactions: 
(i) Maintain adequate quantities of blue dye on board and use only 
completely thawed, blue-dyed bait; (ii) use strategic offal discards 
while setting and hauling the line; (iii) tow a NMFS-approved deterrent 
(such as a tori line or a buoy) while setting and hauling the line; 
(iv) deploy line with a shooter, so that the line is set faster than 
the vessel's speed; (v) ensure that weights greater than 45 grams are 
attached to branch lines within 1 meter of each hook; and (vi) begin 
setting at least 1 hour after sunset and complete setting at least 1 
hour before sunrise, using minimal vessel lighting. In addition, 
vessels would be required to make every reasonable effort to ensure 
that birds brought onboard alive are released alive and that hooks are 
removed without jeopardizing the life of the birds, and all vessel 
captains must complete an annual protected species educational workshop 
conducted by NMFS. Although these measures were identified as the 
preferred actions, the other alternatives are still being analyzed and 
considered. This will be the second meeting under the Council's two-
meeting framework process in the pelagics FMP for implementing ``new 
management measures.'' The Council may take final action on the 
proposed adjustments to the regulations implementing the FMP.
    (4) Public hearing
    D. Turtles-longline fishery interactions
    (1) Update on interaction trends and numbers
    (2) Update on interaction mitigation studies
    (3) Outcome of recent litigation
    E. Marine debris
    F. International meetings
    G. Recreational fisheries data task force
    H. Science and Statistical Committee recommendations
    11. Bottomfish FMP issues
    A. Bottomfish FMP issues
    (1) Update on status of activities
    (a) Main Hawaiian Islands bottomfish meeting
    (b) Need to prepare an EIS for Bottomfish FMP
    (2) Public scoping hearing on Bottomfish FMP
    B. Science and Statistical Committee recommendations
    12. Precious corals FMP issues
    A. A final action on adjustments to regulations implementing the 
FMP regarding harvest quotas, definitions, size limits, gear 
restrictions, bed classifications and reporting and recordkeeping 
requirements. Recent research and surveys have provided new information 
on precious corals in the waters around Hawaii, including information 
on the size and condition of certain classified precious coral beds, 
potential increases in fishing pressure on black corals, the presence 
of a new precious coral bed near French Frigate Shoals and the possible 
importance of precious coral beds as foraging areas for Hawaiian monk 
seals. Based on a discussion of these issues at the 100th 
Council meeting, the Council identified the following preferred 
actions: Suspend the harvest quota for gold coral at the Makapu'u Bed 
until additional information is available on the impact of harvesting 
on subsequent recruitment of

[[Page 52763]]

gold coral at the Makapu'u Bed; redefine precious coral as precious 
coral that has live coral polyps or tissue, and redefine dead precious 
coral as precious coral that no longer has any live coral polyps or 
tissue; apply size limits to live coral only; prohibit the harvest of 
black coral unless it has attained either a minimum stem diameter of 1 
inch (254 cm), measured 1 inch (254 cm) from the top of the living 
holdfast, or a minimum height of 48 inches (cm), measured from the base 
to the greatest vertical extremity of the colony; only selective gear 
may be used to harvest precious corals from all permit areas; apply the 
current size limit for pink coral to all permit areas; revise the 
boundaries of Brooks Bank, Permit Area C-B-3, to include the area 
within a radius of 2.5 nautical miles (nm) of a point 23 deg. 58.8' N 
lat. and 166 deg. 42' W long., and change the harvest quota for pink 
coral to 200 kg and suspend the harvest quota for gold coral until 
additional scientific information becomes available on the impact of 
harvesting gold coral on monk seal foraging habitat; classify the 
newly-discovered FFS-Gold Pinnacles Bed as a conditional bed, Permit 
Area C-B-5, which includes the area within a radius of 0.25 nm of a 
point at 23 deg. 55' N lat. and 165 deg. 23.11' W long., and set the 
annual harvest quota for all types of precious coral at zero until 
additional information becomes available on the impact of harvesting 
gold coral on monk seal foraging habitat; list all managed species of 
precious corals on the NMFS Daily Precious Coral Harvest Log and 
Precious Coral Sales Trip Report, and revise reporting and 
recordkeeping requirements as follows: A permit holder shall, within 72 
hours of landing, mail to NMFS Pacific Island Area Office (PIAO) a copy 
of the NMFS Daily Precious Coral Harvest Log with complete information 
including:
    (1) Vessel information - (i) Name of vessel; (ii) Call sign of 
vessel; and (iii) Permit number of vessel.
    (2) Fishing information - (i) Beginning and ending time, and date, 
of all dives, including the dives when no harvest is made; (ii) 
beginning and ending position in degrees latitude and longitude of each 
dive and distance traveled; (iii) maximum and minimum depth of each 
dive; (iv) number of live and dead colonies harvested on each dive by 
species; (v) weight of harvested coral on each dive by species, to the 
nearest tenth of a kilogram (landed weight air dried for at least 24 
hours); (vi) number of live and dead colonies damaged but not harvested 
on each dive by species; (vii) method of harvest; and (viii) 
observations that may be made about the habitat (current, bottom type, 
bottom topography, bottom slope, etc.).
    (3) Sale information - (i) Amount of coral sold (by species); (ii) 
sale price; (iii) date of sale; and (iv) name(s) and address(es) of 
buyer(s).
    (4) Any other information specified in the permit. Any video tapes 
made during harvest operations shall be made available to the NMFS PIAO 
upon request. The video recording should continuously display date and 
time. Although these measures were identified as the preferred actions, 
the other alternatives are still being analyzed and considered. This 
will be the second meeting under the Council's two-meeting framework 
process in the Precious Corals FMP for implementing ``new management 
measures.'' The Council may take final action on the proposed 
adjustments to regulations implementing the FMP.
    B. Plan Team recommendations
    C. Science and Statistical Committee recommendations
    D. Public Hearing
    13. Crustaceans FMP issues
    A. Crustaceans FMP issues (NWHI lobster fishery)
    (1) Status of the fishery
    (2) Public education project
    (3) Necker Island refuge boundary
    (4) Status of state regulations for NWHI import license
    B. Science and Statistical Committee recommendations
    C. Public comments
    14. Program Planning
    A. Magnuson-Stevens Fishery Conservation Management Act amendments
    B. Carbon monoxide-treated tuna update
    C. Food and Drug Administration Hazard Analysis Critical Control 
Point requirements aboard vessels
    D. Western Pacific Fisheries Information Network
    E. Educational initiatives and technical reports
    F. Science and Statistical Committee recommendations
    15. Administrative Matters
    A. Administrative reports
    B. Meetings and workshops
    C. 102nd Council Meeting
    Although non-emergency issues not contained in this agenda may come 
before this Council for discussion, those issues may not be the subject 
of formal Council action during this meeting. Council action will be 
restricted to those issues specifically listed in this document and any 
issue arising after publication of this document that requires 
emergency action under section 305(c) of the Magnuson-Stevens Act, 
provided the public has been notified of the Council's intent to take 
final action to address the emergency.
    16. Other Business

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Kitty M. Simonds, 808-522-8220 (voice) or 808-
522-8226 (fax), at least 5 days prior to the meeting date.

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

    Dated: September 24, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-25413 Filed 9-29-99; 8:45 am]
BILLING CODE 3510-22-F