[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Proposed Rules]
[Pages 35570-35571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14472]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040617187-4187-01; I.D. 060704H]
RIN 0648-AR85


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Bottomfish Fishery; Fishing Moratorium

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

ACTION:  Proposed rule; request for comments.

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SUMMARY:  NMFS proposes to extend the current moratorium on harvesting 
seamount groundfish from the Hancock Seamount in the Northwestern 
Hawaiian Islands (NWHI) for 6 years, until August 31, 2010. The fishery 
has been under a moratorium since 1986. This action is being taken in 
response to a recommendation by the Western Pacific Fishery Management 
Council from its Bottomfish Plan Team (Plan Team) and Scientific and 
Statistical Committee (SSC) that revealed that pelagic armorhead 
(Pseudopentaceros wheeleri; formerly, Pentaceros richardsoni), an 
overfished stock, has not recovered. The intent of this action is to 
allow the protection provided for this resource to continue.

DATES:  Comments must be submitted by July 12, 2004.

ADDRESSES: You may submit comments on this proposed rule by any of the 
following methods:
    E-mail: [email protected]. Include in the subject line 
of the e-mail comment the following document identifier: 0648-AR85.
    Federal e-Rulemaking portal: http://www.regulations.gov 
Follow the instructions for submitting comments.
    Mail: William L. Robinson, Regional Administrator, Pacific 
Islands Region, NOAA Fisheries, 1601 Kapiolani Boulevard, Suite 1110, 
Honolulu, HI 96814.

[[Page 35571]]

    Fax: (808) 973-2941.

FOR FURTHER INFORMATION CONTACT:  Mr. Lewis Van Fossen, Resource 
Management Specialist, Sustainable Fisheries Division 808-973-2937.

SUPPLEMENTARY INFORMATION: When the Fishery Management Plan for the 
Bottomfish and Seamount Groundfish Fisheries of the Western Pacific 
Region (FMP) was implemented (51 FR 27413, July 31, 1986), it was 
determined that a 6-year moratorium on fishing at Hancock Seamount was 
needed to aid the recovery of the pelagic armorhead (Pseudopentaceros 
wheeleri; formerly, Pentaceros richrdsoni). Foreign vessels over-
exploited the seamount groundfish resources before the Fishery 
Conservation and Management Act (Magnuson-Stevens Act) was enacted. 
There has never been a domestic fishery targeting these stocks. 
Periodic reviews since the original moratorium indicated that no 
recovery of the stock has occurred. Therefore, the moratorium was 
extended twice in 6-year increments in 1992 and 1998 (57 FR 36907, 
August 17, 1992; and 63 FR 35162, June 29, 1998; respectively).
    The last U.S. research cruise of the Hancock Seamount was conducted 
in 1993. However, the Japanese trawl fleet continues to harvest pelagic 
armorhead on neighboring seamounts outside of the U.S. exclusive 
economic zone (U.S. EEZ) surrounding the NWHI. According to information 
provided by the Japan National Research Institute of Far Seas 
Fisheries, the most current (2002) spawning potential ratio (SPR) for 
the armorhead stock is 0.1 percent at all seamounts outside of the U.S. 
EEZ. These seamounts comprise 95 percent of the trawl grounds for the 
Japanese trawl fishery. Based on the low SPR value, it is inferred that 
the status of the Hancock Seamount is similarly depressed and well 
under the current 20 percent SPR definition of an overfished stock. At 
its October 2003 meeting the Council heard reports from its Plan Team 
and SSC on the status of the seamount groundfish resources. On the 
basis of those reports, and in accordance with the framework at 50 CFR 
660.67, the Council recommended a permanent closure of the Hancock 
Seamount to the harvest of groundfish resources. However, it is 
unlikely that an amendment to the FMP permanently closing Hancock 
Seamount to the harvesting of groundfish resources could be completed 
before the current moratorium expires on August 31, 2004. Therefore, at 
its March 2004 meeting, the Council recommended extending the current 
moratorium another 6 years (i.e., August 31, 2010). During the proposed 
moratorium an amendment to the FMP that would permanently close Hancock 
Seamount could be developed.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of E.O. 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:
    The purpose of the proposed action is to enhance the recovery of 
a stock as overfished under the Magnuson-Stevens Act by extending 
the moratorium on the harvest of groundfish resources at Hancock 
Seamount in the U.S. EEZ around the NWHI for six years. This 
extension will enhance the likelihood of recovery for the pelagic 
armorhead (Pseudopentaceros wheeleri; formerly, Pentaceros 
richardsoni). Because there has never been a U.S. fishery targeting 
seamount groundfish stocks on the Hancock Seamount, no U.S. 
interests or small entities would be immediately affected. It is 
unlikely that any U.S. fishermen would show an interest in starting 
a U.S. fishery for pelagic armorhead. There is a remote possibility 
that a vessel employing bottom trawl gear or demersal longline gear 
would show an interest in groundfish resources at Hancock Seamount. 
However, it is unlikely that such an effort would be ultimately 
profitable. Any profitability would be short-lived and, definitely, 
to the detriment of the resource. Use of bottom trawl gear for 
groundfish resources is prohibited under the current FMP. Therefore, 
there are no vessels so-equipped in Hawaii, and any trawl vessel 
targeting pelagic armorhead would need to transit from the western 
U.S. or Alaska or equip in Hawaii. It is unlikely that the 
investment in gear and fuel would be worth the likely returns on a 
short-lived fishery. Demersal longline fishing for pelagic armorhead 
would be ultimately unattractive for the same reasons as bottom 
trawl fishing.
    As a result, an Initial Regulatory Flexibility Analysis was 
notprepared.

List of Subjects in 50 CFR Part 660

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

    Dated: June 21, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended 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. Section 660.68 is revised to read as follows:


Sec.  660.68  Fishing moratorium on Hancock Seamount.

    Fishing for bottomfish and seamount groundfish on the Hancock 
Seamount is prohibited through August 31, 2010.
[FR Doc. 04-14472 Filed 6-24-04; 8:45 am]
BILLING CODE 3510-22-S