[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Proposed Rules]
[Pages 34988-34989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14241]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 061704A]
RIN 0648-AQ92


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; American Samoa Pelagic Longline 
Fishery; Amendment 11

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

ACTION: Notice of availability of an amendment to a fishery management 
plan; request for comments.

-----------------------------------------------------------------------

SUMMARY: Amendment 11 to the Fishery Management Plan for Pelagic 
Fisheries of the Western Pacific Region (FMP Amendment 11) would 
establish a limited access permit program for the domestic pelagic 
longline fishery based in American Samoa. The amendment is intended to: 
reduce the potential for fishing gear conflict in waters of the U.S. 
exclusive economic zone (EEZ) around American Samoa, prevent local 
depletion of Pacific pelagic management unit species, minimize fish 
bycatch and waste, sustain community participation in the fishery, 
minimize adverse economic impacts to local communities, and ensure 
opportunities for future participation by indigenous fishers in the 
domestic longline fishery.

DATES: Comments on FMP Amendment 11 must be received on or before 
August 23, 2004.

ADDRESSES: Written comments on FMP Amendment 11 should be mailed to 
William L. Robinson, Administrator, NMFS, Pacific Islands Regional 
Office (PIRO), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814, or 
faxed to 808-973-2941. Written comments will be accepted if submitted 
by e-mail to [email protected]. Comments sent via e-mail, including 
all attachments, must not exceed a 10 megabyte file size. Comments may 
also be submitted electronically through the Federal e-Rulemaking 
portal: http:/www.regulations.gov.
    Copies of FMP Amendment 11, which includes an environmental 
assessment/regulatory impact review and an analysis of the impacts on 
small businesses are available from Kitty Simonds, Executive Director, 
Western Pacific Fishery Management Council, 1164 Bishop St., Suite 
1400, Honolulu, HI 96813. The document is also available at the 
following website: http://wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Eric Kingma, Council staff, at 808-
522-8220.

SUPPLEMENTARY INFORMATION: FMP Amendment 11, developed by the Western 
Pacific Fishery Management Council (Council), has been submitted to 
NMFS for review under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. This 
notice announces that the amendment is available for public review and 
comment for 60 days. NMFS will consider public comments received during 
the public comment period described above in determining whether to 
approve, disapprove, or partially disapprove FMP Amendment 11.
    In 1995, local fishermen in American Samoa developed a small-scale 
domestic longline fishery targeting primarily albacore tuna. The 
fishery at that time consisted of small, twin-hulled catamarans, or 
``alias,'' less than 12.2 m in length. In 1997, the fishermen began to 
be concerned over the potential influx into the fishery by large 
longline fishing vessels (vessels greater than 15.2 m in length) from 
Hawaii and the U.S. mainland West Coast. They saw the potential for 
excessive concentration of fishing effort in the EEZ around American 
Samoa leading to gear conflict, reduction in local catch rates of 
albacore tuna below economically viable levels, and possible ``boom and 
bust'' cycles in the fishery that could disrupt the local community's 
dependence on the small-scale pelagic longline fishery. They were also 
concerned about the potential loss of opportunity by indigenous 
American Samoans for future participation in the large-vessel longline 
fishery. As it turned out, between 1997 and 2002, the American Samoa-
based longline fleet increased from approximately 21 vessels, mostly 
small alias, to 75 vessels of a variety of sizes and fishing

[[Page 34989]]

capacities. Of the 75 active longline vessels operating in the EEZ 
around American Samoa in 2002, 40 vessels were alias (<=12.2 m), 5 
vessels were 12.2 m to 15.1 m in length, 15 vessels were 15.2 m to 21.2 
m in length, and 15 vessels were greater than 21.3 m in length.
    In 1998, the Council recommended that the EEZ waters within 50 nm 
from shore around American Samoa (approximately 130,000 km\2\) be 
closed to fishing vessels longer than 15.2 m in length (large vessels) 
targeting Pacific pelagic management unit species. This closure was 
intended to help address gear conflict and catch competition issues in 
the fishery. NMFS approved the Council's recommendation and 
subsequently promulgated regulations that established a large fishing 
vessel area closure in waters within approximately 50 nm of the islands 
of American Samoa. The closed area was established on March 1, 2002 (67 
FR 4367, January 30, 2002). Consequently, fishing effort by large 
longline vessels in the EEZ around American Samoa became concentrated 
in those areas seaward of the closed areas. Both the Council and NMFS 
recognized that the area closure alone would not entirely prevent gear 
conflict, therefore, the Council began to develop a limited entry 
permit program for the fishery. As a prelude to development of such a 
program, on March 21, 2002, the Council established that date as a 
``new'' control date for the fishery. The purpose of the new control 
date was serve notice to the public that any person who entered the 
American Samoa longline fishery after March 21, 2002, may not be 
guaranteed future participation in the fishery, if the Council prepares 
and NMFS approves a program to limit entry or effort in the fishery. 
NMFS published an announcement of the new control date in the Federal 
Register on June 3, 2002 (67 FR 38245).
    In 2002, the Council developed FMP Amendment 11 to limit pelagic 
longline fishing effort in the EEZ around American Samoa. The amendment 
would establish a limited access program intended to: prevent gear 
conflict by large longline vessels, prevent potential for local 
depletion of fishery resources, maintain community participation within 
the fishery, ensure future opportunities for indigenous American 
Samoans, and minimize bycatch and waste incidental to fishing 
operations. NMFS seeks public comment on FMP Amendment 11, which must 
be received by August 23, 2004, to be considered by NMFS when it 
decides whether to approve, disapprove, or partially approve the 
amendment. NMFS will review FMP Amendment 11 to determine whether it 
complies with the Magnuson-Stevens Act, the National Standards of that 
Act, and other applicable law. In the near future NMFS intends to 
publish in the Federal Register a proposed rule to implement FMP 
Amendment 11.

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

    Dated: June 17, 2004.
Allen D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-14241 Filed 6-22-04; 8:45 am]
BILLING CODE 3510-22-S