[Federal Register Volume 70, Number 156 (Monday, August 15, 2005)]
[Proposed Rules]
[Pages 47781-47782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16121]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050801212-5212-01; I.D. 072805A]
RIN 0648-AT52


Fisheries off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Control Date for Non-Longline 
Commercial Pelagic Fisheries in EEZ around Hawaii

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

ACTION: Proposed rule; advance notice of proposed rulemaking; 
notification of control date.

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SUMMARY: NMFS announces that persons who enter the non-longline 
commercial pelagic fisheries (e.g., troll, handline, pole and line, 
etc.) in the U.S. exclusive economic zone (EEZ) around the Hawaiian 
Islands after June 2, 2005 (``control date'') are not guaranteed future 
participation in the fishery if the Western Pacific Fishery Management 
Council (WPFMC) recommends, and NMFS approves, a program limiting entry 
or effort. This action does not commit the WPFMC or NMFS to limit 
entry, or prevent any other date from being selected for eligibility to 
participate in the non-longline commercial pelagic fisheries. The WPFMC 
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 October 14, 2005.

ADDRESSES: You may submit comments on this document identified by I.D. 
072805A by any of the following methods:
     E-mail: [email protected]. Include I.D. 072805A in 
the subject line of the e-mail comment following document identifier: 
Hawaii non-longline control date. Comments sent via e-mail, including 
all attachments, must not exceed a 10 megabyte file size.
     Federal e-Rulemaking portal: 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: Robert Harman, NMFS PIR, at 808-944-
2271.

SUPPLEMENTARY INFORMATION: On June 2, 2005, at its 127th meeting, the 
WPFMC recommended a ``control date'' of June 2, 2005, applicable to 
persons who are contemplating entering the non-longline commercial 
fisheries for pelagic species (i.e., troll, handline, pole and line, 
other) in the U.S. exclusive economic zone (EEZ) around Hawaii. The 
WPFMC requested that this control date be published in the Federal 
Register to notify fishermen that if they enter these fisheries after 
June 2, 2005, they may not be assured of future access if the WPFMC 
and/or NMFS decide to limit entry or impose other measures to manage 
these fisheries.
    Establishment of a control date responds to NMFS' notice to the 
WPFMC, dated December 30, 2004 (69 FR 78397), that overfishing is 
occurring Pacific-wide on bigeye tuna, and that management action must 
be taken by the WPFMC to end this overfishing. The WPFMC tentatively 
has determined that a limited access program in the U.S. EEZ around 
Hawaii might be one of the viable mechanisms to reduce fishing 
mortality in Pacific bigeye tuna, as a step toward ending overfishing 
in the pelagic fisheries.
    The State of Hawaii maintains a registry of commercial pelagic 
fishermen, as required by state regulations. In 2003, some 2,037 people 
were registered as commercial pelagic fishermen. Of these, 1,681 (83 
percent) were non-longline fishermen. Most of these non-longline 
pelagic fishermen were active in the EEZ and, thus, represent an 
estimate of fishermen who could be affected by this control date. Based 
on the state's 2003 commercial fishing data reported by fishermen, the 
total catch of pelagic species in Hawaii was 22.6 million lb (10,251 
mt), of which 5.2 million lb (2,359 mt)(23 percent) was made by non-
longline small-boat pelagic methods. The entire pelagic fishery landed 
fish with an ex-vessel value of $47.9 million, of which

[[Page 47782]]

about $9.3 million (19.4 percent) were from non-longline methods.
    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.
    Establishment of this control date does not commit the WPFMC or 
NMFS to any particular management regime or criteria for entry into the 
non-longline commercial pelagic fisheries. Fishermen are not guaranteed 
future participation in this fishery, regardless of their level of 
participation before or after the control date. The WPFMC may recommend 
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 WPFMC and/or NMFS 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.

Classification

    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: August 10, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 05-16121 Filed 8-12-05; 8:45 am]
BILLING CODE 3510-22-S