[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Proposed Rules]
[Pages 40305-40306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13796]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050701176-5176-01; I.D. 062405B]
RIN 0648-AT47


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

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

ACTION: Proposed rule; advance notice of proposed rulemaking; 
establishment of a control date; request for comments.

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SUMMARY: NMFS announces that persons who enter the bottomfish fishery 
in the U.S. exclusive economic zone (EEZ) around the main Hawaiian 
Islands (MHI) after June 2, 2005, (``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 MHI bottomfish 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 August 12, 2005.

ADDRESSES: You may submit comments identified by I.D. 062405B by any of 
the following methods:
     E-mail: [email protected]. Include in the subject line of the 
e-mail comment the following document identifier: MHI bottomfish 
control date. Comments sent via e-mail, including all attachments, must 
not exceed a 10 megabyte file size.
     Federal e-Rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: William L. Robinson, Administrator, NMFS, Pacific 
Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 
96814.
     Fax: 808-973-2941

FOR FURTHER INFORMATION CONTACT: Walter Ikehara, PIR, at 808-973-2937.

SUPPLEMENTARY INFORMATION: On June 2, 2005, the Council adopted a 
``control date'' of June 2, 2005, applicable to persons intending to 
participate in the fishery (commercial and non-commercial)for 
bottomfish multi-species stock complex (bottomfish complex) operating 
in the U.S. EEZ around the MHI. The purpose of this action is to notify 
fishermen, who may be interested in participating in the fishery, that 
if they enter this fishery after June 2, 2005, they may not be assured 
of future access if the Council and/or NMFS decide to limit new entry 
or limit effort in the fishery. Neither the Council nor NMFS have yet 
decided whether to limit new entry to this fishery or how new entry 
might be limited.
    Establishment of a control date responds to NMFS' notification to 
the Council on May 27, 2005,(70 FR 34452, June 14, 2005)that 
overfishing is occurring in the bottomfish complex around the Hawaiian 
Archipelago and that management action must be taken by the Council to 
end this overfishing condition. Since this condition primarily occurs 
in the MHI, the Council tentatively determined that a limited entry 
permit program might be utilized to end overfishing in this fishery.
    At present, 3,736 fishing vessels are registered for use with State 
of Hawaii bottomfish permits (commercial and non-commercial), of which 
2,101 (56 percent) are classified as commercial fishing vessels. This 
represents an estimate of fishermen who could be affected by the 
control date. The MHI bottomfish fishing grounds are located 
predominantly in State waters (about 80 percent based on the 100-fm 
contour); however, it is estimated that about 65 percent of the 
bottomfish fishing trips

[[Page 40306]]

take place in Federal EEZ waters, based on State of Hawaii 2003 
commercial fishing data. Also, approximately 69 percent of the 
commercial bottomfish landings come from Federal waters. Estimates of 
recreational catch and effort are unavailable.
    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.
    This control date does not commit the Council or NMFS to any 
particular management regime or criteria for entry into the MHI 
bottomfish 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: July 7 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 05-13796 Filed 7-12-05; 8:45 am]
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