[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Notices]
[Pages 58374-58377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16264]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092706B]


Western Pacific Fishery Management Council; Public Meetings

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

ACTION: Notice of public meetings and hearings.

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SUMMARY: The Western Pacific Fishery Management Council (Council) will 
hold its 135th meeting to consider and take actions on fishery 
management issues in the Western Pacific Region.

DATES: The 135th Council meeting and public hearings will be held on 
October 16 - 19, 2006. For specific times and the agenda, see 
SUPPLEMENTARY INFORMATION.

ADDRESSES: The 135th Council meeting and public hearings will be held 
at the Ala Moana Hotel, 410 Atkinson Drive, Honolulu, HI 96814-4722; 
telephone: (808) 955-4811.
    Council address: Western Pacific Fishery Management Council,1164 
Bishop Street, Suite 1400, Honolulu, HI.

[[Page 58375]]


FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; 
telephone: (808) 522-8220.

SUPPLEMENTARY INFORMATION: In addition to the agenda items listed here, 
the Council will hear recommendations from other Council advisory 
groups. Public comment periods will be provided throughout the agenda. 
The order in which agenda items are addressed may change. The Council 
will meet as late as necessary to complete scheduled business.

Schedule and Agenda for Council Standing Committee Meetings

Monday, October 16, 2006

    8 a.m. to 11 a.m. - Precious Corals & Crustaceans, Bottomfish, 
Ecosystems & Habitat Standing Committees
    11 a.m. to 12 noon - Enforcement/VMS Standing Committee
    1:30 p.m. to 3:30 p.m. - Pelagics & International Standing 
Committee
    3:30 p.m. to 4:30 p.m. - Fishery Rights of Indigenous People 
Standing Committee
    4:30 p.m. to 6:30 p.m. - Program Planning & Executive/Budget 
Standing Committee
    The agenda during the full Council meeting will include the items 
listed below.

Schedule and Agenda for Council Meeting

9 a.m. to 5 p.m., Tuesday, October 17, 2006

1. Presentation to Hawaii Archipelago Ecosystem Poster Contest Winners
2. Introductions
3. Approval of Agenda
4. Approval of 133rd and 134th Meeting Minutes
5. Island Reports
    A. American Samoa
    B. Guam
    C. Hawaii
    D. Commonwealth of the Northern Marianas Islands
6. Agency Reports
    A. National Marine Fisheries Service
    1. Pacific Islands Regional Office
    2. Pacific Islands Fisheries Science Center
    B. United States Fish and Wildlife Service (USFWS)
    C. NOAA General Counsel
    D. Department of State
    Guest Speaker
7. Enforcement/Vessel Monitoring Systems(VMS)
    A. Island Agency Enforcement Reports
    B. United States Coast Guard Report
    C. NMFS Office for Law Enforcement Report
    D. Status of Violations
    E. Automatic Identification System Pilot Project Report
    F. Northwestern Hawaiian Islands and Hawaii Longline Vessel 
Monitoring System Issues
    G. Main Hawaiian Islands Bottomfish Regulations Enforcement
    H. Standing Committee Recommendations
    I. Public Comment
    J. Council Discussion and Action
8. Hawaii Archipelago
    A. Northwestern Hawaiian Islands (NWHI) National Marine Monument 
(ACTION ITEM)
    B. Addition of Heterocarpus to the Fishery Management Plan (FMP) 
(ACTION ITEM)
    C. 2006 NWHI Lobster Research Update
    D. Black Coral Workshop Report
    E. Bottomfish Stock Assessment
    F. Status of Bottomfish Stocks Report
    G. Fishery Independent Research Workshop
    H. Hawaii Bottomfish Research, Monitoring, and Compliance Plan
    I. Plan Team Reports
    J. Scientific and Statistical Committee (SSC) Recommendations
    K. Standing Committee Recommendations
    L. Public Hearing
    M. Council Discussion and Action

9 a.m. to 5 p.m., Wednesday, October 18, 2006

9. Marianas Archipelago
    A. Guam Bottomfish Assessment
    B. Guam Offshore Project
    C. Standing Committee Recommendations
    D. Public Comment
    E. Council Discussion and Action
10. American Samoa Archipelago
    A. Status of American Samoa Tuna Canneries
    B. Fisheries Development in American Samoa
    C. Standing Committee Recommendations
    D. Public Comment
    E. Council Discussion and Action
11. Fishery Rights of Indigenous People
    A. Hoohanohano I Na Kupuna Puwalu Report
    B. Communities Program and Community Demonstration Project Program 
Update
    C. Request for Special Hawaii Longline Permit
    D. American Samoa Village-based Marine Protected Areas (MPAs)
    E. Guam Community Management Projects
    1. Guam Fishermen's Co-Op Longline Vessel Project
    2. Guam Voluntary Data Collection Program Project
    F. Northern Marianas Islands (NMI) Community Management Projects
    1. NMI Community College Project
    2. NMI Fishermen's Co-op Project
    3. Northern Islands Mayor's Office Project
    4. Rota Traditional Fisheries Project
    G. Standing Committee Recommendations
    H. Public Comment
    I. Council Discussion and Action
12. Protected Species
    A. Update on Protected Species Issues
    B. NMFS, Pacific Islands Regional Office (PIRO) Protected Resources 
Program
    1. Status of American Samoa Re-consultation
    2. Status of Federal Responsibility for State of Hawaii's Turtle 
Management
    3. Negligible Impact Determination on Humpback Whales Update
    4. Species of Concern Workshop Report
    C. NMFS, Pacific Islands Fisheries Science Center (PIFSC) Protected 
Resources Program
    1. Cetacean Survey Update
    2. Monk Seal Fatty Acid Study
    D. SSC Recommendations
    E. Public Comment
    F. Council Discussion and Action
13. Pelagic & International Fisheries
    A. Swordfish Closure (ACTION ITEM)
    B. Shark Management (ACTION ITEM)
    C. American Samoa Fishery Aggregation Devices (ACTION ITEM)
    D. American Samoa and Hawaii Longline Reports
    American Samoa Limited Entry Permit Request
    E. Pelagic Stock Assessments
    F. Highly Migratory Species Quotas and Data
    G. Bigeye Tuna Quota in the Eastern Pacific Ocean
    H. PIFSC International Fisheries Capabilities
    I. International Fisheries Management
    1. Inter-American Tropical Tuna Commission Annual Meeting
    2. Western and Central Pacific Fisheries Commission
    3. Council South Pacific Albacore Workshop
    J. Shark Bycatch in Longline Fisheries
    K. SSC Recommendations
    L. Standing Committee Recommendations
    M. Public Hearing
    N. Council Discussion and Action

9 a.m. to 5 p.m., Thursday, October 19, 2006

14. Program Planning
    A. Update on Legislation
    B. Magnuson Act Reauthorization
    C. National System of MPAs Draft Framework

[[Page 58376]]

    D. Five-year Program Document
    E. Status of Fishery Management Actions
    F. Education and Outreach Report
    G. Report on State Disaster Relief Program
    H. Standing Committee Recommendations
    I. Public Comment
    J. Council Discussion and Action
15. Administrative Matters & Budget
    A. Financial Reports
    B. Administrative Reports
    C. Meetings and Workshops
    D. Statement of Organization Practices and Procedures (SOPP) 
Changes
    E. Council Family Changes
    Advisory Panel Appointments
    F. Standing Committee Recommendations
    G. Public Comment
    H. Council Discussion and Action
16. Other Business
    A. Election of Officers
    B. Next Meeting

BACKGROUND INFORMATION:

1. Swordfish closure (ACTION ITEM)

    In 2006, the Hawaii swordfish fishery reached its 'hard' limit of 
loggerhead turtle interactions (17) compared to 12 interactions in 
2005. Under the Pelagics Fisheries Management Plan (PFMP), there is 
currently a seven day 'grace' period following the announcement of the 
fishery closure, during which time vessels must cease fishing for 
swordfish. However, there was concern that additional turtles may be 
caught during this grace period and thus exceed the cap of 17 
interactions authorized for this fishery under Endangered Species Act 
Biological Opinion issued by NMFS. Consequently, the swordfish fishery 
was closed by the NMFS Pacific Islands Region's Regional Administrator 
following the catch of the 17th loggerhead turtle through and emergency 
rule. However, an emergency rule may only last for a maximum of one 
year and the Council recognized that a mechanism was needed under the 
PFMP to effect an immediate closure should the loggerhead or 
leatherback cap be reached in a given year. Accordingly, at its 133rd 
meeting the Council recommended the adoption of a preferred alternative 
for the Hawaii swordfish longline fishery that would modify existing 
regulations to close the fishery immediately upon reaching either 
turtle cap. At the 135th meeting, the Council will review the relevant 
information and any recommendations from its Scientific and Statistical 
Committee and may take final action on this issue.

2. Shark management (ACTION ITEM)

    In 1999, the Council recommended a suite of measures under its 
Pelagics Fisheries Management Plan (PFMP) to manage shark catches by 
both pelagic and demersal longline vessels in the Western Pacific 
Region. These included a fleet wide quota for blues sharks, retained 
for finning, a trip limit on landings of non-blue sharks and a 
definition and prohibition of demersal longlining to catch sharks 
contained inn the pelagic management unit. However subsequent events 
made the majority of measures in the draft amendment (amendment 9) to 
the PFMP largely redundant. However, the Council has continued to be 
concerned about non-blue shark catches and the implementation of a trip 
limit for these species, mainly thresher and mako sharks. Moreover the 
Council has also deliberated on the impacts of commercial tour 
operators offering shark viewing tours to the public, and whether these 
activities fall within Council jurisdiction. Potential options include 
but are not limited to: (1) Conducting research on shark movement and 
behavior and population numbers in and around the North Shore of Oahu; 
(2) Recommending the State of Hawaii establish a moratorium on any new 
shark tour operations; (3) Establishing federal regulations for shark 
tour operations such as prohibiting or limiting the amount of chum that 
may be used, requiring shark tour operations to move further offshore, 
limiting the number of shark tour operations; and (4) Banning on shark 
viewing operations in federal waters. At its 135th meeting, the Council 
may therefore decide to take initial action on a revised trip limit for 
non-blue sharks for the Hawaii longline fishery, and on whether it 
should take any action on shark viewing operations in Hawaii.

3. American Samoa fish aggregating devices (FADs) (ACTION ITEM)

    The Council has heard in the past that despite the implantation of 
50 nm area closures to pelagic fishing vessels of > 50ft, troll vessels 
fishing around Tutuila (the main island of American Samoa) wanted 
additional protection from competition with small-scale alia catamaran 
longliners. These small-scale outboard powered longline vessels fish in 
the same coastal waters around Tutuila as the troll fishermen, and fish 
within the proximity of FADs to improve their catches. Troll fishermen 
have expressed concerns that troll fishing catch per unit of effort 
(CPUE) around Tutuila have declined since the advent of the longline 
fishery. At its June 2005, meeting the Council requested staff to look 
at the potential for implementing 5 nm longline exclusion zones around 
FADs deployed around. Subsequently, at its 133rd meeting in American 
Samoa, the Council directed staff to draft a range of preliminary 
alternatives and analyses regarding longline area closures around 
American Samoa's FADs. Potential options include but are not limited 
to: (1) implement a 12 nm closure to all longline fishing around 
Tutuila, (2) 5 nm closures around all FADs deployed around American 
Samoa, (3) 5 nm closure around the two FADs closest to Pago Pago, and 
(4) deploy new FAD or FADs specifically for trollers. At its 135th 
meeting, the Council may therefore decide to take initial action on 
managing longline fishing around FADs in American Samoa.

4. Addition of Heterocarpus to the FMP

    A fishery for deepwater shrimp (Heterocarpus laevigatus and 
Heterocarpus ensifer)occurs in waters off of Hawaii and other areas of 
the Pacific. The fishery in Hawaii is sporadic with vessels fishing for 
a couple of years with a five to seven year hiatus in between. Data is 
currently captured by the State of Hawaii through its Commercial Marine 
Landings Catch Reports. The deepwater shrimp, however, are not 
currently managed under any Fishery Management Plan (FMP). At its 135th 
Meeting, the Council may consider taking initial action to incorporate 
deepwater shrimp into their Crustaceans Fishery Management Plan.

5. NWHI Monument

    On June 15, 2006, President George W. Bush issued Presidential 
Proclamation No. 8031 establishing the Northwestern Hawaiian Islands 
Marine National Monument (Monument). The proclamation set apart and 
reserved the Northwestern Hawaiian Islands for the purpose of 
protecting the historic objects, landmarks, prehistoric structures and 
other objects of historic or scientific interest that are situated upon 
lands owned and controlled by the federal Government of the United 
States. In establishing the NWHI monument, Proclamation No. 8031 
assigns primary management responsibility of marine areas to the 
Secretary of Commerce, through NOAA in consultation with the Secretary 
of the Interior. The Proclamation also directed the Secretaries to 
promulgate regulations to prohibit access to the Monument, restrict 
fishing in Ecological Reserves and Special Preservation Areas, 
establish annual catch limits for bottomfish and pelagic species, 
prohibit

[[Page 58377]]

anchoring, and require VMS on all vessels, among other management 
measures. Regulations implementing these provisions were published in 
the Federal Register on August 29, 2006.
    To date, NOAA has not conducted any environmental review to assess 
the biological or social impacts of the monument designation. However, 
NWHI fishermen affected by the Monument regulations have expressed 
concern that while they allow commercial fishing for bottomfish and 
pelagic species to continue for five years, the prohibition on fishing 
within Ecological Reserves and Special Preservation Areas, combined 
with the no-anchoring provision, will make it virtually impossible to 
catch bottomfish fish within the Monument. Currently, the impacts of 
these provisions primarily affect fishers in NWHI Hoomalu zone as the 
two Ecological Reserves, and seven of the nine Special Preservation 
Areas are located in this zone. However, among the individual Hoomalu 
Zone fishers, the restrictions affect catches and revenues differently 
as each fisher have different fishing areas within the zone.
    In addition, Monument regulations do not allow for commercial 
pelagic troll and handline fishermen licensed by the State of Hawaii to 
continue despite their long history of fishing in the area. However, 
these fishermen have expressed interest in continuing to fish 
commercially for pelagic species seaward of the outer boundary of the 
Monument. These fishermen have also expressed interest in retaining uku 
(Aprion virescens), a bottomfish management unit species which is 
incidentally caught when trolling for ono (Acanthocybium solandri) and 
other pelagic species around NWHI banks. Currently, federal regulations 
prohibit harvesting bottomfish management unit species in the NWHI 
without a permit issued by the PIRO Regional Administrator, making uku 
a regulatory discard for fishermen who do not have a federal NWHI 
bottomfish permit.
    At its 135th Meeting, the Council may consider taking action to 
alleviate these ``unintended consequences'' of the Monument designation 
by considering options to alter the zoning structure of the NWHI permit 
areas and address fishing opportunities for Hawaii's troll and handline 
fishermen seaward of the outer boundary of the Monument, and eliminate 
regulatory discarding of uku by this fishery.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 
(voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting 
date.

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

    Dated: September 28, 2006.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-16264 Filed 10-2-06; 8:45 am]
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