[Federal Register Volume 66, Number 97 (Friday, May 18, 2001)]
[Proposed Rules]
[Pages 27623-27624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12605]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010419099-1099-01; I.D. 040201A]
RIN 0648-AP19


Fisheries off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Hawaiian Islands; Control Date

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

ACTION: Advance notice of proposed rulemaking; consideration of a 
control date; request for comments.

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SUMMARY: This document announces that persons who enter the offshore 
pelagic handline fishery around the Cross Seamount, four NOAA weather 
buoys, and the ``Bigeye Buoy'' in the U.S. exclusive economic zone 
(EEZ) around Hawaii, after February 15, 2001 (control date), may not be 
assured of continued participation in the fishery if, in the future, 
the Western Pacific Fishery Management Council (Council) prepares, and 
NMFS approves, a program limiting entry or effort. This control date 
supersedes the previous control date of July 2, 1992. This document 
does not commit the Council to limiting effort or preclude the

[[Page 27624]]

Council from using any other date for determining future participation 
in this fishery. The Council may also use other criteria to limit 
fishing effort or participation in a limited entry program if one is 
developed in the future.

DATES: Comments must be submitted by July 2, 2001.

ADDRESSES: Submit written comments to Dr. Charles Karnella, 
Administrator, NMFS, Pacific Islands Area Office (PIAO), 1601 Kapiolani 
Blvd., Suite 1110, Honolulu, HI 96814-4700; or fax to 808-973-2941. 
Comments will not be accepted if submitted via e-mail or the Internet.

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

SUPPLEMENTARY INFORMATION: At its 108th meeting, the Council 
established February 15, 2001, as a new control date for the offshore 
pelagic handline fishery around the Hawaiian Islands. The previously 
established control date (July 2, 1992) is more than 8 years old and 
considered to be outdated (57 FR 36637, August 14, 1992). The new 
control date, which supersedes the old control date, applies to the 
Cross Seamount, four NOAA weather buoys, and one University of Hawaii 
research buoy off the Hawaiian Islands (``Bigeye Buoy''). The precise 
areas of application would be determined in a future rulemaking, should 
the Council decide to proceed with limiting entry or effort. This 
action responds to concerns associated with changes to the management 
program governing the Hawaii-based pelagic longline fishery, the 
participants of which may switch to the offshore pelagic handline 
fishery resulting in the substantial and unregulated expansion of the 
currently small fishery.
    At present, the fishery consists of 15 to 20 Hawaii-based, small 
fishing vessels (50 ft or 15.2 m) employing hook and line handline gear 
to target bigeye and yellowfin tuna that are seasonally abundant at the 
Cross Seamount and four NOAA weather buoys, located about 160 nautical 
miles from the islands of Hawaii. A fifth buoy, the ``Bigeye Buoy'' was 
placed in the same vicinity approximately 2 years ago by University of 
Hawaii fishery researchers studying bigeye habitat. This buoy has also 
been found to aggregate fish and has been utilized by Hawaii-based 
pelagic handline vessels. The vessels in this fishery primarily operate 
from the island of Hawaii, although one or two are based on the island 
of Oahu.
    The Council believes that there is a risk of speculative entry into 
the fishery while the potential benefits and costs of limited entry 
alternatives and the development of a regulatory amendment to address a 
substantially expanded fishery are being evaluated. The control date is 
designed to discourage speculative entry during this period of 
analysis, as well as to provide notification to new participants that 
their access may be restricted in the future. The control date does not 
commit the Council or NMFS to any particular management regime or 
criteria for entry into the offshore pelagic handline fishery. 
Fishermen are not guaranteed future participation in this fishery, 
regardless of their level of participation before or after the control 
date. The Council may choose a different control date or it may choose 
a management regime that does not involve a control date. Other 
criteria, such as documentation of commercial landings and sales, may 
be used to determine eligibility for participation in the fishery. The 
Council may also choose to take no further action to control entry or 
access to the fishery.

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

    Dated: May 13, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-12605 Filed 5-17-01; 8:45 am]
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