[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Pages 31293-31296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10830]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[XRIN: 0648-XA66]


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 138th meeting to consider and take actions on fishery 
management issues in the Western Pacific Region.

DATES: The 138th Council meeting and public hearings will be held on 
June 19 - 22, 2007. For specific times and the agenda, see 
SUPPLEMENTARY INFORMATION.

ADDRESSES: The 138th Council meeting and public hearings will be held 
at the Ala Moana Hotel, 410 Atkinson Drive, Honolulu, HI 96814-4722; 
telephone: (808) 955-4811.

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

Tuesday, June 19, 2007

Standing Committee

    1. 9 a.m. - 11 a.m. - Marianas Archipelago Ecosystem Standing 
Committee
    2. 9 a.m. - 11 a.m. - Hawaii Archipelago Ecosystem Standing 
Committee
    3. 11 a.m. - 12:30 p.m. - American Samoa Archipelago Ecosystem 
Standing Committee
    4. 1:30 p.m. - 3:30 p.m. - Pelagics and International Ecosystem 
Standing Committee
    5. 3:30 p.m. - 5 p.m. - Program Planning/Research Standing 
Committee
    6. 3:30 p.m. - 5 p.m. - Executive/Budget Standing Committee
    The agenda during the full Council meeting will include the items 
listed here.

Schedule and Agenda for Council Meeting

Wednesday, June 20, 2007, 9 a.m. - 9 p.m.

    1. Introductions
    2. Approval of Agenda
    3. Approval of 137th Meeting Minutes
    4. Agency Reports
    A. NMFS
    1. Pacific Islands Regional Office (PIRO)
    2. Pacific Islands Fisheries Science Center (PIFSC)
    B. NOAA General Counsel
    C. United States Fish and Wildlife Service (USFWS)
    5. Mariana Archipelago
    A. Island Area Reports
    1. Commonwealth of the Northern Mariana Islands (CNMI)
    2. Guam
    B. Enforcement Reports
    1. CNMI Enforcement Agency Report
    2. Guam Enforcement Agency Report
    3. United States Coast Guard (USCG) Enforcement Report
    4. NMFS Office for Law Enforcement (OLE) Report
    5. Status of Violations
    C. CNMI Marine Conservation Plan (MCP)
    D. Mariana Community Initiatives and New Issues
    E. Education and Outreach Initiatives
    F. Scientific and Statistical Committee (SSC) Recommendations
    G. Standing Committee Recommendations
    H. Public Comment
    I. Council Discussion and Action
    6. American Samoa Archipelago
    A. Island Area Reports
    B. Enforcement Reports
    1. Agency Enforcement Report
    2. U.S.C.G. Enforcement Report
    3. NMFS OLE Report
    4. Status of Violations
    C. Report on American Samoa Longline Workshop
    D. Education and Outreach Initiatives
    E. Advisory Panel (AP) Recommendations
    F. Regional Ecosystem Advisory Committee (REAC) Report
    G. SSC Recommendations
    H. Standing Committee Recommendations
    I. Public Comment
    J. Council Discussion and Action
    7. Hawaii Archipelago and Pacific Remote Island Areas (PRIA)
    A. Main Hawaiian Islands (MHI) Bottomfish (ACTION ITEM)
    1. Report on MHI Bottomfish Working Groups and Meetings
    a. Public Meetings
    b. Agency Workshop, Working Groups and Outreach
    c. Enforcement Training and Compliance Workshop
    2. Seasonal Closure, Total Allowable Catch (TAC), Permits and 
Reporting
    3. Permits and Reporting Details
    4. Federal Recreational Bag Limits
    5. Inclusion of State of Hawaii Bottomfish Restricted Fishing Areas 
(BRFA) in Federal Waters

[[Page 31294]]

    B. Risk Analysis of Potential TAC
    C. Updated Analysis of State of Hawaii Division of Aquatic 
Resources (HDAR) Survey of Bottomfish Registered Vessel Owners
    D. AP Recommendations
    E. SSC Recommendations
    F. Standing Committee Recommendations
    G. Public Hearing
    H. Council Discussion

Thursday, June 21, 2007, 9 a.m. - 5 p.m.

    7. Hawaii Archipelago and PRIA (Continued)
    I. Island Area Reports
    J. Enforcement Reports1. Agency Enforcement Report
    2. U.S.C.G. Enforcement Report
    3. NMFS OLE Report
    4. Status of Violations
    K. Precious Corals
    1. Potential for Auau Limited Entry (ACTION ITEM)
    2. Precious Corals Plan Team Report
    L. Hawaii Community Initiatives
    1. Hoohanohano I Na Kupuna Puwalu IV Report
    2. Report on Development of Hawaii Community Development Program
    3. Legislative Actions
    M. Education and Outreach Initiatives
    N. AP Recommendations
    O. REAC Report
    P. SSC Recommendations
    Q. Standing Committee Recommendations
    R. Public Hearing
    S. Council Discussion and Action
    8. Pelagic and International Fisheries
    A. Longline Management
    1. Longline Tuna TAC Framework (ACTION ITEM)
    2. Guam Longline Area Closure (ACTION ITEM)
    3. Status of Hawaii Longline Association Swordfish Proposal
    B. Non-longline fisheries
    1. Recreational Fisheries
    a. Recreational fishery registration
    b. Ad-hoc Recreational Fisheries Data Task Force Meeting
    2. Hawaii-based Pelagic Vessels Non-Longline, Non-Purse-Seine 
Limited Entry (ACTION ITEM)
    C. Status of Amendment 14 to the Pelagics Fishery Management Plan
    D. American Samoa and Hawaii Longline Quarterly Reports
    E. International Fisheries
    1. ISC Bycatch Working Group
    2. Inter-American Tropical Tuna Commission (IATTC) Stock Assessment 
Working Group
    3. Western and Central Pacific Fisheries Commission (WCPFC), Third 
Science Committee Meeting Agenda and Risk Assessment Workshop Report
    4. WCPFC Implementing Actions
    5. Secretariat for the Pacific Community (SPC)/Papua New Guinea 
Tuna Tagging
    F. Pelagic Plan Team Recommendations
    G. AP Recommendations
    H. SSC Recommendations
    I. Standing Committee Recommendations
    J. Public Hearing
    K. Council Discussion and Action

Friday, June 22, 2007, 9 a.m. - 5 p.m.

    9. Program Planning
    A. Update on Use of State of Hawaii Disaster Relief Funds
    B. Fishery and Seafood Marketing Development
    C. Using Local Names for non-Local Fish
    D. Status of Fishery Management Actions
    E. Social Science Research Committee Report
    F. Report on Magnuson-Stevens Reauthorization Act (MSRA)
    1. Annual Catch Limit Guidance
    2. Marine Training and Education Program
    G. Report on Regulatory Streamlining Workshop
    H. New Program Initiatives from AP and REAC
    I. SSC Recommendations
    J. Standing Committee Recommendations
    K. Public Comment
    L. Council Discussion and Action
    10. Administrative Matters & Budget
    A. Financial Reports
    B. Administrative Reports
    C. Meetings and Workshops
    D. Council Family Changes
    1. Advisory Group Changes
    2. REAC Membership
    E. Council Committee Assignments
    F. Standing Committee Recommendations
    G. Public Comment
    H. Council Discussion and Action
    11. Other Business
    A. Next Meeting

BACKGROUND INFORMATION

1. MHI bottomfish (ACTION ITEM)

    NMFS determined that overfishing of the bottomfish species complex 
was occurring within the Hawaiian Archipelago with the primary problem 
being excess fishing mortality in the main Hawaiian Islands. The NMFS 
Regional Administrator for the Pacific Islands Regional Office notified 
the Western Pacific Regional Fishery Management Council of this 
overfishing determination on May 27, 2005.
    In response, the Council prepared and transmitted to NMFS in May 
2006, an amendment to the Bottomfish Fishery Management Plan (FMP), 
which recommended closure of federal waters around Penguin and Middle 
Banks to bottomfish fishing to end the overfishing Before that 
recommendation was processed by NMFS, however, an updated stock 
assessment was completed by NMFS' Pacific Islands Fisheries Science 
Center in 2006 which concluded the required reduction in fishing 
mortality based on 2004 data would be 24 percent. This new information 
indicated a need for the Council to re-examine this action which was 
done.
    Therefore, to end bottomfish overfishing based on the most recent 
data, the Council is recommending amending the Bottomfish FMP using a 
phased approach. The 24 percent reduction would be achieved in 2007 and 
2008 through the use of seasonal closures in conjunction with limits on 
total allowable catches (TACs). As fishery monitoring improves, 
overfishing would be prevented in 2009 and beyond through 
implementation of TACs based on, and applied to, the commercial and the 
recreational sectors.
    Tracking of commercial landings towards the TAC would begin when 
the fishery reopens on October 1, 2007. During the open period, 
recreational catches would continue to be managed by bag limits, 
however they would be changed from the current five onaga and/or ehu 
combined per person per trip, to five of any Deep 7 species combined 
per person per trip and they would be extended into Federal waters to 
ease enforcement. Once commercial Deep 7 landings reached the TAC, both 
the commercial and recreational sectors would be closed. Phase 2 
includes a Federal permit requirement for recreational fishermen who 
catch Deep 7 in the MHI.
    The Council will also consider implementing Federal reporting 
requirements for recreational fishermen who target or catch bottomfish 
management unit species (BMUS) in the MHI. This would provide fishery 
scientists with the data needed to calculate and track a recreational 
portion of the overall TAC.
    In 2008, the second seasonal closure to MHI Deep 7 fishing will be 
from May August 2008, followed by implementation of a combined 
commercial and recreational Deep 7 TAC beginning September 1, 2008. The 
recreational bag limits would be eliminated.
    In subsequent years, 2009 and beyond, the MHI Deep 7 fishery would 
be managed via a commercial and

[[Page 31295]]

recreational TAC calculated by PIFSC to prevent overfishing of these 
species.
    At its 138th meeting, the Council will take final action on these 
recommendations, as well as on a series of related implementation 
details.
    The Council will also consider whether inclusion of State of 
Hawaii's Bottomfish Restricted Fishing Areas in Federal waters is 
consistent with the Bottomfish FMP.

2. Potential for Auau Channel limited entry (ACTION ITEM)

    Research has revealed that the biomass of the black coral 
populations has decreased by at least 25% in the last 30 years. 
Stringent measures were recommended by scientists and the Council's 
Precious Corals Plan Team to conserve the black coral resource in the 
Auau Channel. In response the Council has recommended removing an 
exemption that allowed certain fishermen to harvest black coral at a 
slightly smaller minimum size than non-exempted fishermen. This is 
expected to provide a longer period of recruitment. The Council has 
also recommended the designation of the Auau Channel as an established 
bed with an associated harvest quota that would be applicable to both 
State and Federal waters. This is intended to ensure that harvests are 
limited and that the fishery is sustainably managed. Although the 
Council has recommended several regulatory changes to address this 
problem, a limited access program may provide an additional safeguard 
to ensure that harvests are limited and that the fishery is sustainably 
managed.
    Based on a recommendation from the Precious Corals Plan Team, the 
Council is now considering creating a limited entry system for the 
black coral fishery in Federal waters of the Auau Channel. Limiting 
participation in the fishery would allow fishery managers and 
enforcement officers to more tightly monitor harvests to ensure that 
the quota is not exceeded. There are currently less than three 
commercial black coral fishing operations active within the State and 
Federal waters that encompass the Auau Channel black coral bed. There 
are no known non-commercial operations.
    The following alternatives are being proposed:
    Alternative 1: No Action.
    Under this alternative participation in the black coral fishery 
would continue to be open to all applicants.
    Alternative 2: Limit access to current black coral fishery 
participants via transferable limited access permits.
    Under this alternative participation in the portion of the Auau 
Channel black coral fishery located in Federal waters would initially 
be limited to those participants who are currently active in this 
fishery. When these participants were ready to leave the fishery, they 
could transfer their permits by sale, trade or gift to new 
participants. However the total number of participants would be capped 
at current levels.
    Alternative 3: Limit participation to a target number of 
participants via transferable limited access permits.
    Under this alternative participation in the portion of the Auau 
Channel black coral fishery located in Federal waters would be limited 
to a target number of participants. The appropriate target has not been 
determined but would be calculated based on the area's productivity, 
typical fishing operating patterns, and social and economic 
considerations. The target number of participants could be less than, 
equal to, or greater than the number of currently active participants. 
When these participants were ready to leave the fishery, they could 
transfer their permits by sale, trade or gift to new participants.
    Alternative 4: Limit participation to currently active participants 
via non-transferable limited access permits and close the Federal 
portion of the fishery when these participants retire.
    Under this alternative participation in the portion of the Auau 
Channel black coral fishery located in Federal waters would be limited 
to those currently active participants. When these participants leave 
the fishery, their permits would be retired and no new entrants would 
be permitted to enter this portion of the fishery.
    At its 138th meeting in Honolulu, HI, the Council may take action 
on this issue in regards to the fisheries of the Hawaiian archipelago 
and may make a recommendation for management of the black coral fishery 
of the Auau Channel, Hawaii.

3. Longline tuna TAC framework (ACTION ITEM)

    At its 138th meeting, the Council may take final action to adjust 
the framework process within the Pelagics Fishery Management Plan 
(PFMP) to allow for the implementation of longline catch limits 
stemming from the decisions of the two Pacific tuna Regional Fishery 
Management Organizations (RFMOs).
    International management and conservation of bigeye tuna in the 
Pacific is the responsibility of the Western and Central Pacific 
Fishery Commission (WCPFC) and the Inter-American Tropical Tuna 
Commission (IATTC). The two Pacific tuna RFMOs have already implemented 
limits on fleet-wide catches of bigeye tuna by longline vessels, and it 
is likely that further measures may also be applied to other tunas 
caught by longliners. Currently, there is no mechanism by U.S. catch 
limits established by an RFMO can be efficiently implemented through 
the Magnuson-Stevens Act (MSA) process by the Western Pacific Council.
    An amendment to the PFMP typically requires approximately one year 
for the completion of necessary documentation, analysis Secretarial 
review and approval, and implementation. Pacific RFMO tuna harvest 
limits are likely to change annually, based on the results of stock 
assessments and other changes in the fishery. Timely domestic 
implementation of catch limits stemming from the tuna RFMOs will 
require that abbreviated background work and documentation be prepared 
in advance of RFMO decisions. The framework process is designed for 
this situation. Under this process the Council will prepare and review 
analyses of anticipated impacts of a likely range of catch limits. This 
analysis will then be used by the Council to accept or modify the RFMO 
decisions under the MSA. All analyses will be subject to public review 
and comment, as will any proposed rule resulting from this process.
    At its 137th meeting, the Council endorsed an alternative to modify 
the framework process in the PFMP to give the Council the ability to 
implement catch limits for the harvesting of pelagic fish by longline 
vessels. Implicit in this recommendation was that additional analysis 
of impacts would heed advice from the Council's SSC that observer data 
between Eastern Pacific Ocean (EPO) and Western and Central Pacific 
Ocean (WCPO) be disaggregated for the Hawaii longline fishery, and that 
swordfish and tuna longline fisheries catch rates between the EPO and 
WCPO be similarly disaggregated. This was suggested in order to more 
precisely estimate the expected range of tuna catches and their impacts 
on the environment.

4. Guam longline area closure (ACTION ITEM)

    Until recently, longlining has not been conducted by U.S. vessels 
based out of ports in the Mariana Islands (Guam and the Commonwealth of 
the Northern Mariana Islands). In 2006, however, the Guam Fishermen's 
Cooperative (GFC) began operating a longline vessel, fishing primarily 
within the U.S. EEZ around Guam using a 50ft fishing vessel converted 
to longlining through assistance from the Council's

[[Page 31296]]

Community Demonstration Project Program (CDPP). The primary function of 
the vessel is to operate in a training capacity to train Guam fishermen 
to longline fish. Most fishermen have no experience in offshore, multi-
day fishing trips or with using longline gear.
    However, the operations of the GFC vessel are constrained within 
the U.S. EEZ around Guam due to a 50 nautical mile exclusion zone for 
longline and purse seine vessels around the island of Guam and its 
offshore banks, implemented in 1992 through Amendment 5 to the Pelagics 
Fishery Management Plan (PFMP). In 1992, there was no domestic Guam 
longline fishery but troll fishermen in Guam were concerned about 
unrestricted growth of longlining by U.S. vessels from outside the 
territory following the expansion of the Hawaii longline fishery after 
1987. In response to these concerns, the Council recommended in1990 the 
implementation of the 50 nm closures around Guam and its offshore banks 
in September. The Council also established a control date of December 
6, 1990 control date for entry into longline fishery, although this 
date is now redundant.
    The original concerns about expansion of U.S. longline fishing 
home-ported out of Guam through vessels migrating from other parts of 
the U.S. now appear to be unfounded. As such, the area closures 
developed in the early 1990s may now be an unnecessary impediment to 
the continued growth of 'domestic' longlining on Guam. However, troll 
fishermen on Guam still wish to see some form of protection from gear 
conflict with longline fishing, especially some form of area closure 
around the offshore banks, from where about one third of fishing trips 
are conducted.
    At its 137th meeting, the Council supported continued development 
of longline closed area in Guam which would encompass the locally 
designated White Tuna Banks, an area of importance to Guam's troll 
fishermen. Subsequently, a total of seven alternatives have been 
analyzed by the Council:
    1. No action
    2. Community Development Progam
    3. Exploratory Fishing Permit
    4. Reduce the longline exclusion zone to a uniform 25 nm around 
Guam
    5. Modify the existing longline area closure to exclude only 
vessels over a certain size class
    6. Seasonal reduction in the longline exclusion zone around Guam
    The analysis of the seven alternatives in the draft amendment 
document looks at the impacts of longline fishing, primarily on the 
existing troll fishery on Guam, on protected and sensitive species and 
fishery participants and the fishing community on Guam. In the absence 
of longline fishery data from the GFC vessel, a proxy model was 
developed based on deep set tuna longline fishing by domestic 
longliners in the Federated States of Micronesia, coupled with observer 
data from the SPC for this type of fishery. This proxy was then used to 
look at longline catches at low and moderate levels of fishing effort 
associated with training fishermen and a high level of effort 
consistent with a commercial operation. The Council may take final 
action at the 138th meeting and select a preferred alternative for 
modifying the current longline closed area in the U.S. EEZ around Guam.

5. Hawaii-based Pelagic Vessels Non-longline, Non-purse seine limited 
entry (ACTION ITEM)

    At its 137th meeting, the Council recommended that the potential 
for a limited entry program be investigated for the Hawaii charter 
vessel fishery. This recommendation stemmed from the ongoing and 
planned expansion of small boat harbors in Hawaii which may afford 
greater number of charter vessels to operate from Hawaii and Oahu. 
Catch and effort data from both locations shows that over a 20 year 
time span catch rates for blue marlin have declined by about 50-60%, 
while effort has increased, particularly in recent years. As a 
consequence of this recommendation, a control rule was published for 
the fishery dated May 11, 2007, after which new entrants are not 
guaranteed future participation.
    The Council may also wish to consider whether it wished to limit 
entry for other non-longline coastal pelagic fisheries (NLCPs). Among 
the reasons for considering such action are new language in the 
Magnuson-Stevens Reauthorization Act (MSRA) requiring Councils to set 
Annual Catch Limits (ACLs) for federally managed fisheries. ACLs were 
designated in the MSRA as another measure to ensure that stocks are not 
overfished. Moreover, conservation measures for bigeye and yellowfin 
tuna stemming from the Western and Central Pacific Fishery Commission 
(WCPFC) are increasingly focusing on fisheries other than purse seining 
and longline fishing, and may in the future require data on these 
fisheries and possible limits on catches. Consequently at the 138th 
meeting, the Council may consider limiting entry for NLCPs beyond 
charter vessels.
    Although non-emergency issues not contained in this agenda may come 
before these groups for discussion, those issues may not be the subject 
of formal action during these meetings. Action will be restricted to 
those issues specifically identified in this notice and any issues 
arising after publication of this notice that require emergency action 
under section 305(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act, provided the public has been notified of the Council's 
intent to take final action to address the emergency.

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: June 1, 2007.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-10830 Filed 6-5-07; 8:45 am]
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