[Federal Register Volume 67, Number 87 (Monday, May 6, 2002)]
[Proposed Rules]
[Pages 30346-30348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11026]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020412086-2086-01; I.D. 010202C]
RIN 0648-AJ08


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagics Fisheries; Pacific Remote Island Areas; Permit 
and Reporting Requirements for the Pelagic Troll and Handline Fishery

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

ACTION: Proposed rule.

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SUMMARY: NMFS issues a proposed rule that would establish Federal 
permit and reporting requirements for any U.S. fishing vessel that uses 
troll or handline fishing gear to harvest pelagic management unit 
species in waters of the U.S. exclusive economic zone (U.S. EEZ) around 
Howland Island, Baker Island, Jarvis Island, Johnston Atoll, Kingman 
Reef, Palmyra Atoll, Wake Island and Midway Atoll. These islands are 
referred to as the Pacific remote island areas (PRIA). The purpose of 
this proposed rule is to monitor participation in the fishery and to 
obtain fish catch and fishing effort data (including bycatch data), 
including interactions with protected species, so that fishery 
management decisions are based on complete information.

DATES: Comments on this proposed rule will be accepted through June 20, 
2002.

ADDRESSES: Send comments to Dr. Charles Karnella, Administrator, NMFS, 
Pacific Islands Area Office (PIAO), 1601 Kapiolani Blvd., Suite 1110, 
Honolulu, HI 96814. Copies of background material pertaining to this 
action may be obtained from Kitty Simonds, Executive Director, Western 
Pacific Fishery Management Council (Council), 1164 Bishop St. Suite 
1400, Honolulu, HI 96813. Comments will not be accepted if submitted 
via e-mail or the internet. Send comments on the reporting burden 
estimate or other aspect of the collection-of-information requirements 
in this proposed rule to NMFS, PIAO and to the Office of Management and 
Budget (OMB) at the Office of Information and Regulatory Affairs, OMB, 
Washington, DC 20503 (Attn: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION: The collection and analysis of reliable data 
are needed to assess the status and health of fishery stocks, evaluate 
the effectiveness of management measures, determine the need for 
changes in the management regime, prevent overfishing, determine and 
minimize bycatch, document protected species interactions with fishing 
gear, and assess the potential impact of fishery interactions. Other 
than for vessels registered for use with Federal Hawaii longline 
limited access permits, or Federal Western Pacific longline general 
permits, there are no specific regulations under the Fishery Management 
Plan for Pelagic Fisheries of the Western Pacific Region applicable to 
vessels targeting pelagic species in the U.S. EEZ waters around the 
PRIA. The PRIA or ``U.S. island possessions in the Pacific'' are the 
distant and mostly uninhabited U.S. islands in the central and western 
Pacific Ocean consisting of Howland Island, Baker Island, Jarvis 
Island, Wake Island, Kingman Reef, Johnston Atoll, Palmyra Atoll, and 
Midway Atoll. Midway Atoll, located in the Northwestern Hawaiian 
Islands, is not part of the State of Hawaii and is treated as one of 
the PRIA.
    In recent years, several troll and handline fishing vessels from 
Hawaii have targeted pelagic fish stocks off Palmyra Atoll and Kingman 
Reef. This expansion of troll and handline fishing activity beyond the 
Hawaiian Archipelago to the U.S. EEZ around certain PRIA and the lack 
of any reporting requirements for these fisheries demonstrates the need 
to put in place reporting procedures in order to collect catch and 
bycatch data for these fisheries. The proposed establishment of a 
permit requirement for the PRIA pelagic troll/handline fishery would 
serve to identify actual or potential participants in the fishery. This 
would be an ``open access'' fishery, meaning any U.S. vessel would be 
eligible to receive a permit.
    The Council has recommended the establishment of a reporting 
requirement for all vessel operators who participate in the PRIA 
pelagic troll/handline fishery, except at Midway Atoll. They would be 
required to use a new NMFS fish catch and effort reporting form created 
especially for the PRIA. At Midway Atoll, troll/handline vessel 
operators (i.e., charter boat captains), who operate under the Midway 
Atoll National Wildlife Refuge program, administered by the U.S. Fish 
and Wildlife Service (FWS), would continue to report their catch and 
effort data on existing fish catch reporting forms provided by the FWS. 
NMFS and FWS will coordinate their efforts to obtain the necessary data 
from fishermen at Midway Atoll and avoid duplication of reporting 
regimes.
    Under this proposed rule NMFS would require vessel operators, 
except operators of vessels operating in the U.S. EEZ around Midway 
Atoll, to submit their catch reports to NMFS within 10 days after the 
completion of each fishing trip to the U.S. EEZ around the PRIA. The 
10-day requirement is to allow vessels to make fish landings at Palmyra 
Atoll and to potentially conduct another fishing trip enroute to the 
vessel's homeport. By landing at Palmyra Atoll there would be no need 
for these vessels to return to their home ports between trips and, in 
that case, the prompt transmittal of catch reports to NMFS would be 
infeasible. For this reason NMFS proposes to allow the operators whose 
vessels are registered for use with PRIA troll/handline pelagic permits 
an extended reporting window.
    The regulatory text for this proposed rule would correct a 
typographical error in the prohibition on longline fishing within 
longline fishing areas at Sec. 660.22(i) to reference Sec. 660.27 
instead of a redundant reference to Sec.  660.17. Also, a cross 
reference in Sec. 660.21(l)(1) is revised to comport with the proposed 
redesignation of paragraphs in Sec. 660.21.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    Based on historical records, it is estimated that two to three 
vessels from Hawaii, and three Midway Atoll-based vessels have 
fished in the U.S. EEZ around the PRIA in recent years. Future 
increases in effort are difficult to predict; however, it appears 
unlikely that significant expansion in this fishery will occur in 
the future due to long travel distances to reach the PRIA fishing 
grounds. It is estimated that there are approximately 5,000 fishing 
vessels that participate in the pelagic troll and handline fisheries 
in Hawaii, American Samoa, Guam, and the Commonwealth of the 
Northern Mariana Islands; however, it is expected that this rule 
would impact less than 10 of the vessel operators. Further, due to 
its purely administrative and record keeping nature, this proposed 
rule would not affect fishing operations directly and would require 
only relatively minor tasks related to permit application and 
reporting requirements. The new reporting requirement would be 
largely similar to the existing requirements for other

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areas, which are familiar to the majority of likely fishery 
participants. Eligibility criteria and application forms for the 
permit would be the same as those for other Federal western Pacific 
fishing permits. No fee is associated with the PRIA pelagic troll 
and handline permit. Estimated total annual cost to respondents for 
completing permit applications and required reports is $600 per 
year. The proposed permitting and reporting demands are considered 
to be minimal, and, when combined with the small number of 
individuals likely to be impacted, provide a basis for certification 
of this action as one not likely to have a significant economic 
impact on a substantial number of small entities.
    As a result, no regulatory flexibility analysis is required for 
this proposed rule and none has been prepared.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). These requirements have been submitted to OMB for approval. 
Public reporting burden for these collections of information is 
estimated at 30 minutes for a permit application and 5 minutes for a 
daily troll/handline log sheet. These estimates include the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
the reporting burden estimate or any other aspect of the collection-of-
information requirements in this proposed rule to NMFS and OMB (see 
ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Fishing Gear, Guam, Hawaiian Natives, Indians, Northern 
Mariana Islands, Reporting and recordkeeping requirements.

    Dated: April 29, 2002.
Rebecca Lent,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended to read 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. In Sec. 660.12, the definitions for ``Pelagic handline 
fishing,'' ``Pelagic troll fishing,'' and ``Pacific remote island areas 
(PRIA, or U.S. island possessions in the Pacific Ocean),'' are added in 
alphabetical order to read as follows:


Sec. 660.12  Definitions.

* * * * *
    Pacific remote island areas (PRIA, or U.S. island possessions in 
the Pacific Ocean) means Palmyra Atoll, Kingman Reef, Jarvis Island, 
Baker Island, Howland Island, Johnston Atoll, Wake Island, and Midway 
Atoll.
    Pelagic handline fishing means fishing for pelagic management unit 
species from a stationary or drifting vessel using hook and line gear 
other than longline gear.
    Pelagic troll fishing (trolling) means fishing for pelagic 
management unit species from a moving vessel using hook and line gear.
* * * * *

    3. In Sec. 660.14, paragraph (a) is revised to read as follows:


Sec. 660.14  Reporting and recordkeeping.

    (a) Fishing record forms. The operator of any fishing vessel 
subject to the requirements of Secs. 660.21, 660.41, or 660.81 must 
maintain on board the vessel an accurate and complete record of catch, 
effort, and other data on report forms provided by the Regional 
Administrator. All information specified on the forms must be recorded 
on the forms within 24 hours after the completion of each fishing day. 
The original logbook form for each day of the fishing trip must be 
submitted to the Regional Administrator as required by this paragraph 
(a). Each form must be signed and dated by the fishing vessel operator.
    (1) The operator of any vessel subject to the requirements of Secs.  
660.21(a) through (c), 660.41, or 660.81 must submit the original 
logbook form for each day of the fishing trip to the Regional 
Administrator within 72 hours of each landing of management unit 
species.
    (2) Except for a vessel that is fishing in the U.S. EEZ around 
Midway Atoll as specified in paragraph (a)(3) of this section, any 
operator whose vessel is registered for use with a PRIA pelagic troll 
and handline fishing permit under Sec.  660.21(d) must submit the 
original logbook form for each day of fishing within the U.S. EEZ 
around the PRIA to the Regional Administrator within 10 days of each 
landing of management unit species.
    (3) The operator of a vessel fishing in the U.S. EEZ around Midway 
Atoll and registered for use with a PRIA pelagic troll and handline 
fishing permit under Sec. 660.21(d), must submit an appropriate 
reporting form as required and in a manner specified by the U.S. Fish 
and Wildlife Service for each day of fishing within the U.S. EEZ around 
Midway Atoll, which is defined as an area of the Pacific Ocean bounded 
on the east by 177 deg.10' W. long., on the west by 177 deg.30' W. 
long., on the north by 28 deg.25' N. lat., and on the south by 
28 deg.05' N. lat.
* * * * *

    4. In Sec. 660.21, paragraphs (d) through (l) are redesignated as 
(e) through (m), newly redesignated paragraph (l)(1) is revised, and 
new paragraph (d) is added to read as follows:


Sec. 660.21  Permits.

* * * * *
    (d) A fishing vessel of the United States must be registered for 
use with a PRIA pelagic troll and handline fishing permit if that 
vessel is used to fish for Pacific pelagic management unit species 
using pelagic handline or trolling fishing methods in the U.S. EEZ 
around the PRIA.
* * * * *
    (l)(1) Upon receipt of an appeal authorized by this section, the 
Regional Administrator may request additional information. Upon receipt 
of sufficient information, the Regional Administrator will decide the 
appeal in accordance with the criteria set out in this part and in the 
fishery management plans prepared by the Council, as appropriate, based 
upon information relative to the application on file at NMFS and the 
Council and any additional information available; the summary record 
kept of any hearing and the hearing officer's recommended decision, if 
any, as provided in paragraph (l)(3) of this section; and such other 
considerations as deemed appropriate. The Regional Administrator will 
notify the appellant of the decision and the reasons therefor, in 
writing, normally within 30 days of the receipt of sufficient 
information,

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unless additional time is needed for a hearing.
* * * * *

    5. In Sec. 660.22, the phrase ``U.S. possessions in the Pacific 
Ocean area'' is revised to read ``U.S. island possessions in the 
Pacific Ocean'' each place that it appears, paragraph (i) is revised, 
and new paragraph (uu) is added to read as follows:


Sec. 660.22  Prohibitions.

* * * * *
    (i) Fish with longline gear within a longline fishing prohibited 
area, except as allowed pursuant to an exemption issued under 
Sec. 660.17 or Sec. 660.27.
* * * * *
    (uu) Use a U.S. vessel employing pelagic handline or trolling 
methods to fish in the U.S. EEZ around the PRIA without a valid PRIA 
pelagic troll and handline fishing permit registered for use with that 
vessel.
[FR Doc. 02-11026 Filed 5-3-02; 8:45 am]
BILLING CODE 3510-22-S