[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Proposed Rules]
[Pages 49157-49158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19337]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-AV28


Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; Management Measures for the Northern Mariana 
Islands

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

ACTION: Notice of availability of fishery management plan amendment; 
request for comments.

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SUMMARY: NMFS announces that the Western Pacific Fishery Management 
Council (Council) proposes to amend the Fishery Management Plan for the 
Bottomfish & Seamount Groundfish Fisheries of the Western Pacific 
Region. If approved by the Secretary of Commerce, Amendment 10 would 
establish Federal permitting and reporting requirements for all 
commercial bottomfish fishing in the U.S. Exclusive Economic Zone (EEZ) 
around the Commonwealth of the Northern Mariana Islands (CNMI). The 
amendment would also close waters within 50 nm (80.5 km) of the 
southern CNMI and within 10 nm (18.5 km) of the northern island of 
Alamagan to bottomfish fishing by vessels over 40 ft (12.2 m) in 
length, which also would be required to carry and operate shipboard 
vessel monitoring system units, and whose operators would be required 
to submit bottomfish sales reports in addition to catch reports. The 
proposed amendment would ensure adequate collection of information 
about the CNMI bottomfish fishery, provide for sustained community 
participation in the CNMI bottomfish fishery, and encourage consistent 
availability of locally-caught bottomfish to CNMI consumers. Combined, 
these measures are intended to prevent the depletion of bottomfish 
stocks in the CNMI, and sustain the fisheries that depend on them.

DATES: Comments on Amendment 10, which includes an environmental 
assessment, must be received by October 20, 2008.

ADDRESSES: Comments on the amendment, identified by 0648-AV28, may be 
sent to either of the following addresses:
     Electronic Submission: Submit all electronic public 
comments via the

[[Page 49158]]

Federal e-Rulemaking Portal www.regulations.gov; or
     Mail: William L. Robinson, Regional Administrator, NMFS, 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd, Suite 1110, 
Honolulu, HI 96814-4700.
    Instructions: All comments received are a part of the public record 
and will generally be posted to www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address, etc.) submitted 
voluntarily by the commenter may be publicly accessible. Do not submit 
confidential business information, or otherwise sensitive or protected 
information. NMFS will accept anonymous comments (if you wish to remain 
anonymous, enter ``NA'' in the required name and organization fields). 
Attachments to electronic comments will be accepted in Microsoft Word 
or Excel, WordPerfect, or Adobe PDF file formats only.
    Copies of Amendment 10, including an environmental assessment, are 
available from the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 
96813, tel 808-522-8220, fax 808-522-8226, or www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271.

SUPPLEMENTARY INFORMATION: This Federal Register document is accessible 
via the the Office of the Federal Register website www.gpoaccess.gov/fr.
    The bottomfish fishery around the CNMI is managed under the Fishery 
Management Plan for the Bottomfish and Seamount Groundfish Fisheries of 
the Western Pacific Region (Bottomfish FMP), which was developed by the 
Council, and approved and implemented by NMFS. The Council has 
submitted Amendment 10 to NMFS for review under the Magnuson-Stevens 
Fishery Conservation and Management Act. This notice announces that the 
amendment is available for public review and comment for 60 days. NMFS 
will consider public comments received during the comment period in 
determining whether to approve, partially approve, or disapprove 
Amendment 10.
    CNMI nearshore areas have been fished for years by bottomfish 
fishermen who engage in a mix of subsistence, recreational, and small-
scale commercial fishing. These fishermen typically operate small 
vessels (less than 25 ft (7.6 m)), and tend to fish more in the summer 
months when weather and sea conditions are calmer. Most of these small 
vessels target shallow-water bottomfishes, but some also target deep-
water species. The catch from these small vessels is usually not 
exported, but is destined for local markets.
    In addition to these small vessels, vessels over 40 ft (12.2 m) in 
length also target deep-water bottomfish at offshore seamounts and 
banks. In 2006, there were six of these larger vessels targeting 
bottomfish around the CNMI, and one in 2007. Landings are offloaded on 
Saipan and in other CNMI commercial ports, and are often exported by 
air to Japan.
    The CNMI is close to Guam, and it is possible for large bottomfish 
vessels based in Guam to travel to fishing grounds in the CNMI. NMFS 
recently implemented a final rule that prohibits large vessels (greater 
than 50 ft (15.2 m)) from bottomfish fishing within 50 miles (80.5 km) 
around Guam (71 FR 64474; November 2, 2006). Without similar closed 
areas around the CNMI, operators of large Guam-based vessels may choose 
to fish for bottomfish within U.S. EEZ waters around the CNMI. This 
could result in excessive fishing pressure on bottomfish stocks at 
nearshore banks, potentially threatening both the fish stocks and the 
fisheries that have historically been dependent on these resources.
    In addition to the possibility of Guam-based vessels entering the 
CNMI bottomfish fishery, the Council is concerned about several other 
issues regarding bottomfish fishing in the CNMI. First, existing data 
collection programs in the CNMI are insufficient to comprehensively 
monitor catches and determine the impacts of the fishery on the 
stock(s) being harvested, or to determine the species composition and 
amount of discarded bycatch. Second, large bottomfish vessels need to 
harvest relatively large catches to cover operational costs. These 
large catches could deplete nearshore stocks, which would threaten 
sustained community participation in the bottomfish fishery. Small 
vessels would not be able to continue operating if catch rates were 
significantly reduced due to heavy fishing by the larger vessels. 
Finally, traditional patterns of supply and consumption of bottomfish 
in the local community would be disrupted by reduced community 
participation and/or large exports of bottomfish fish from the CNMI by 
the operators of the large vessels.
    In response to these concerns, the Council developed Amendment 10 
with the following objectives: (1) ensure that adequate information is 
routinely collected on the CNMI's offshore bottomfish fishery; (2) 
provide for sustained community participation in the CNMI bottomfish 
fishery; and (3) encourage the consistent availability of locally 
caught deepwater bottomfish to CNMI markets and consumers.
    Public comments on the proposed amendment must be received by 
October 20, 2008 to be considered by NMFS in the decision to approve, 
partially approve, or disapprove the amendment. A proposed rule to 
implement the amendment has been submitted for Secretarial review and 
approval. NMFS expects to publish and request public comment on the 
proposed regulation in the near future.

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

    Dated: August 14, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-19337 Filed 8-19-08; 8:45 am]
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