[Federal Register Volume 67, Number 106 (Monday, June 3, 2002)]
[Proposed Rules]
[Page 38245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13854]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020523131-2131-01; I.D. 051502C]
RIN 0648-AQ01


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; American Samoa; Control Date

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

ACTION: Advance notice of proposed rulemaking; establishment of a 
revised control date.

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SUMMARY: NMFS announces that persons who enter the pelagic longline 
fishery in the U.S. exclusive economic zone (EEZ) around American Samoa 
after March 21, 2002, (``control date'') are not guaranteed future 
participation in the fishery if the Western Pacific Fishery Management 
Council (Council) prepares and NMFS approves a program limiting entry 
or effort. This action does not commit the Council or NMFS to limit 
entry, or prevent any other date from being selected for eligibility to 
participate in the American Samoa longline fishery. The Council or NMFS 
may also use other criteria to limit fishing effort or participation in 
a limited entry program that is developed in the future.

DATES: Comments must be submitted in writing by July 3, 2002.

ADDRESSES: Comments may be mailed to Dr. Charles Karnella, 
Administrator, NMFS, Pacific Islands Area Office, 1601 Kapiolani Blvd., 
Suite 1110, Honolulu, HI 96814-4700; or faxed to 808-973-2941. Comments 
will not be accepted if submitted via e-mail or Internet.

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

SUPPLEMENTARY INFORMATION: Between 1996 and 2001, the domestic longline 
fishery operating in waters of the EEZ around American Samoa grew 
appreciably in both size and landings. In 1996, 13 small vessels using 
longline gear landed approximately 233,000 lb (106 mt) of albacore in 
American Samoa; however, by the end of 2001 more than seven million lb 
(3,176 mt) of albacore were landed by 78 longline fishing vessels of 
various sizes. Due to their size and limited fishing range, the smaller 
local longline vessels generally do not travel beyond 50 nm offshore 
from the islands. Although the larger domestic longline vessels 
(50 ft in length) are capable of fishing beyond 200 nm from 
the islands of American Samoa, only a few have agreements with 
neighboring Pacific island nations, such as Tonga or Samoa (formerly 
known as Western Samoa), to fish the EEZs of Tonga and Samoa. 
Furthermore, U.S. longline fishing vessels do not have access to the 
high seas in proximity to American Samoa under the South Pacific Tuna 
Act. However, it is expected that access to those waters will be 
available no later than June 2003. Hence, domestic longline vessels are 
predominantly confined to fishing within the EEZ around American Samoa. 
In anticipation of an eventual need to limit this fishing effort due to 
the concentration of longliners operating around American Samoa, the 
Council recommended and NMFS established 50-nm area closures in 
nearshore EEZ waters around the islands to all large fishing vessels, 
including longliners, that target pelagic species (67 FR 4369, January 
30, 2002). Also, the Council previously established two control dates 
(November 13, 1997 and July 15, 2000) for this fishery. Control dates 
are intended to discourage speculative entry into fisheries, as new 
entrants entering the fishery after the control date are forewarned 
that they are not guaranteed future participation in the fishery. The 
Council recommended that NMFS issue a third control date of March 21, 
2002, while it develops a limited entry system for the domestic 
longline fishery based in American Samoa. The Council recommended this 
new control date, which is hereby established by NMFS, because fishery 
data up to March 21, 2002, did not indicate that the number of vessels 
or level of fishing effort was causing gear conflict or adverse impact 
on fishery stocks. It is assumed that limiting entry to the 
participants in the fishery before the previous control date would 
unnecessarily restrict fishing effort and limit economic returns from 
this resource. This new control date supersedes both the 1997 and 2000 
control dates.
    This control date does not commit the Council or NMFS to any 
particular management regime or criteria for entry into the American 
Samoa longline 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 a limited access fishery. The Council also may choose 
to take no further action to control entry or access to the fishery, in 
which case the control date may be rescinded.
    This advance notice of proposed rulemaking has been determined to 
be not significant for the purposes of Executive Order 12866.

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

    Dated: May 28, 2002.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 02-13854 Filed 5-31-02; 8:45 am]
BILLING CODE 3510-22-S