[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Proposed Rules]
[Pages 51992-52000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20774]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 070720390-81114-02]
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: Proposed rule; request for comments.

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SUMMARY: This proposed rule would establish Federal permitting and 
reporting requirements for all commercial bottomfish vessels fishing in 
the U.S. Exclusive Economic Zone (EEZ) around the Commonwealth of the 
Northern Mariana Islands (CNMI). The proposed rule would also close 
certain EEZ waters around the CNMI to bottomfish fishing by vessels 
over 40 ft (12.2 m) long. Vessel monitoring system units would be 
installed on these vessels, and the operators of these vessels would be 
required to submit Federal sales reports in addition to catch reports. 
This proposed rule is intended to ensure adequate collection of 
information about the CNMI commercial bottomfish fishery, provide for 
sustained community participation, and maintain a consistent supply of 
locally-caught bottomfish to CNMI markets and seafood consumers. 
Combined, these measures are intended to prevent the depletion of 
bottomfish stocks in the CNMI, and to sustain the fisheries that depend 
on them.

DATES: Comments on this proposed rule must be received by October 23, 
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 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 the Fishery Management Plan for Bottomfish and Seamount 
Groundfish Fisheries of the Western Pacific Region (Bottomfish FMP) and 
proposed Amendment 10 are available from the Western Pacific Fishery 
Management Council (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 also 
accessible at the Office of the Federal Register web site 
www.gpoaccess.gov/fr.
    The bottomfish fishery around the Northern Mariana Islands is 
managed under the Bottomfish FMP, which was developed by the Council, 
and approved and implemented by NMFS. The Council has submitted 
Bottomfish FMP Amendment 10 to NMFS for review under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
This proposed rule would implement the management provisions 
recommended in Amendment 10, if the amendment is approved by the 
Secretary of Commerce.
    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 bottomfish, but some also target deep-
water species. The catch from these small vessels is destined for local 
markets and consumers in the CNMI, and is usually not exported.
    In addition to small vessels, several larger vessels (over 40 ft 
(12.2 m) in length) also target deep-water bottomfish at offshore 
seamounts and banks. In 2006, for example, there were six large vessels 
targeting bottomfish around the CNMI. Landings from these large vessels 
are offloaded on Saipan and in other CNMI commercial ports, and are 
often exported by air to Japan. Thus, the catch from these large 
vessels does not enter local markets as a food supply for CNMI 
residents. If these vessels were to target bottomfish in nearshore 
waters around CNMI, the resulting fishing pressure could be excessive 
on bottomfish stocks at nearshore banks, potentially threatening both 
the fish stocks and the fisheries that have historically been dependent 
on these resources.
    The CNMI is relatively 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 (i.e., greater than 50 ft (15.2 m)) from bottomfish fishing 
within 50 nm (80.5 km) around Guam (71 FR 64474; November 2, 2006). 
Without similar closed areas around the CNMI, operators of these 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 monitor catches and 
determine the impacts of the fishery on the bottomfish stocks being 
harvested, or to determine the species composition and amount of 
discarded catch. Second, large bottomfish vessels need to harvest 
relatively large catches to cover operational costs, and these large 
catches could deplete nearshore stocks. Stock depletion would threaten 
the sustainability of the CNMI bottomfish fishery, and if catch rates 
were significantly reduced, small vessels would not be able to continue 
operating. Finally, because the catches from large vessels are 
typically exported, traditional patterns of supply and consumption of 
bottomfish in the local community would be disrupted.
    In response to these concerns, the Council developed Amendment 10 
with the following objectives: (1) ensure that adequate information is 
routinely collected for the CNMI offshore

[[Page 51993]]

bottomfish fishery; (2) provide for sustained community participation; 
and (3) encourage the consistent availability of locally-caught 
deepwater bottomfish to CNMI markets and consumers.
    The issues considered here were first raised in 2001 by CNMI 
members of the Council's Advisory Panel. The Council and its advisory 
groups discussed these issues during 2001 and 2002, and the Council 
first took action on the measures contained in this document on 
February 13, 2003, at its 117th Council meeting held in Saipan, CNMI. A 
range of alternatives and preliminary analyses of their anticipated 
impacts were presented for consideration and the Council identified 
several management recommendations. Following further public comments, 
at its 118th meeting (June 2003, in Honolulu, Hawaii) the Council again 
considered this matter and recommended that additional input on the 
issue and alternatives be solicited from the CNMI government. 
Correspondence with the CNMI governor, and public input during a series 
of scoping sessions in the CNMI, led to the development and analysis of 
a revised set of management recommendations, adopted at the Council's 
126th meeting held March 14-17, 2005, in Honolulu, Hawaii. The Council 
then prepared Amendment 10 (including an environmental assessment) that 
contains background information on the issue, associated analyses, and 
proposed regulatory changes for consideration by NMFS. This proposed 
rule would implement the management measures recommended in Amendment 
10.
    This proposed rule would require the owners of all vessels 
commercially fishing for bottomfish management unit species (BMUS) in 
EEZ waters around the CNMI to obtain Federal fishing permits. Permit 
eligibility would not be restricted, and permits would be renewable on 
an annual basis. NMFS has initially determined that a permit fee of $80 
is appropriate, but will consider whether a lesser cost is sufficient 
to cover the administrative costs of the permit. The amount of the 
permit fee is calculated in accordance with the procedures of the NOAA 
Finance Handbook for determining the administrative costs of each 
special product or service incurred in processing the permit. The fee 
may not exceed such costs and is specified with each permit application 
form.
    This proposed rule would require the operators of all commercial 
bottomfish vessels to complete and submit Federal catch reports. These 
daily reports are logbooks that contain the fisherman's record of 
bottomfish fishing effort, catch, discards, interactions with protected 
species, and related information. In addition to the fishing logbook, 
vessels over 40 ft (12.2 m) fishing for bottomfish in the CNMI would be 
required to complete and submit Federal sales reports for the 
bottomfish that they sell.
    This proposed rule would close certain EEZ waters around the CNMI 
to bottomfish fishing by vessels over 40 ft (12.2 m). The closed areas 
would include EEZ waters from the shoreline to 50 nm (80.5 km) around 
the southern islands of the CNMI, from the Guam-CNMI EEZ boundary to a 
line halfway between Farallon de Medinilla and Anatahan Islands, and 
EEZ waters from the shoreline to 10 nm (18.5 km) around the northern 
island of Alamagan (Fig. 1). The closed area boundaries would be 
defined by straight lines for clarity and to facilitate enforcement. 
Transshipping of bottomfish would continue to be allowed within the 
closed areas. Any vessel commercially receiving bottomfish fish or fish 
products from a fishing vessel would be required to be registered with 
a valid CNMI commercial bottomfish permit, and the operator would be 
required to report any bottomfish transshipping activity in the Federal 
fishing logbook forms.
BILLING CODE 3510-22-S

[[Page 51994]]

[GRAPHIC] [TIFF OMITTED] TP08SE08.002

BILLING CODE 3510-22-C
    Shipboard vessel monitoring system (VMS) units would be required on 
vessels over 40 ft (12.2 m). The VMS is an automated, satellite-based 
system that assists NOAA's Office for Law Enforcement and the U.S. 
Coast Guard in monitoring compliance with closed areas in a reliable 
and cost-effective manner. Electronic VMS shipboard equipment installed 
permanently on board a vessel provides information about the vessel's 
position and activity. That information is communicated between the 
shipboard VMS unit and the monitoring agency's fishery monitoring 
center, where the identity and location of the vessels are shown on a 
map display, comparing vessel positions with features of interest, such 
as closed area boundaries. The Pacific

[[Page 51995]]

Islands VMS was developed in cooperation with fishermen, fishery 
managers, the U.S. Coast Guard, and other government agencies, and is 
currently used in the Hawaii- and American Samoa-based longline 
fisheries, and in the bottomfish fishery operating in the 
Papahanaumokuakea Marine National Monument in the Northwestern Hawaiian 
Islands (NWHI).
    CNMI-registered bottomfish vessels are required to be marked with 
their official number in block lettering of a minimum of three inches 
(7.6 cm) high. The implementation of the new CNMI commercial bottomfish 
permit would tie to a related Federal vessel identification requirement 
in Sec.  665.16 that requires Federal permit holders to mark their 
vessels in a specific way using much larger lettering. These Federal 
vessel identification requirements were created for large commercial 
fishing vessels to assist in aerial and at-sea enforcement of fishing 
regulations. The typical CNMI-based commercial bottomfish vessel, 
however, is not large enough to have the superstructure or deckhouse to 
support the Federal vessel identification markings. The proposed rule 
would exempt CNMI-based commercial bottomfish vessels from the Federal 
vessel identification requirements, if the vessels are less than 40 ft 
(12.2 m) long and in compliance with CNMI vessel registration and 
marking requirements. Commercial CNMI bottomfish vessels over 40 ft 
(12.2 m) would be required to be marked in compliance with Federal 
vessel identification requirements.
    To date, the regional requirements for VMS in 50 CFR part 665 have 
applied only to pelagic longline fishing, so the requirements are 
located in the pelagic fisheries section of the regulations. (The VMS 
requirements for the NWHI bottomfish fishery are found in 50 CFR 404.5 
and are not affected by this proposed rule.) Because the proposed rule 
would add VMS requirements for bottomfish fishing, the section 
regarding the vessel monitoring system (Sec.  665.25) would be moved 
from the pelagic fishery requirements to the general requirements and 
renumbered as Sec.  665.19. Accordingly, the VMS-related prohibitions 
found in Sec.  665.22 would also be moved to the general prohibitions 
in Sec.  665.15. The VMS-related requirements would also be clarified 
to require that VMS units be installed and operational when vessels are 
at sea.
    In the definition of bottomfish management unit species, the 
scientific name for armorhead is revised to the valid taxonomic name, 
and the scientific name of the pink snapper is revised to include the 
species, which was inadvertently omitted from the definition. The 
spellings of local names of the longtail and pink snappers are also 
corrected. In the definition of receiving vessel permit, the cross-
reference to receiving vessel permits for pelagic longlining is 
corrected to the proper paragraph.
    Comments on this proposed rule must be received by October 23, 
2008. To be considered, comments must be received by close of business 
on October 23, 2008, not postmarked or otherwise transmitted by that 
date.
    In addition to soliciting public comments on this proposed rule, 
NMFS is soliciting comments on proposed FMP Amendment 10 through 
October 20, 2008, as stated in the Notice of Availability published on 
August 20, 2008 (73 FR 49157). Public comments on this proposed rule, 
if received by October 20, 2008, will also be considered in the 
approval/disapproval decision for Amendment 10. Comments received after 
that date may not be considered in the approval/disapproval decision 
for Amendment 10, but will be considered for this proposed rule.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Bottomfish FMP, other provisions of the Magnuson-
Stevens Act, and other applicable laws, subject to further 
consideration after public comment.
    The Council prepared an Environmental Assessment for Amendment 10 
that evaluates the potential impacts of the proposed action and 
alternatives. A copy of the environmental assessment is available from 
the Council (see ADDRESSES).
    The purpose and need for the proposed action is to monitor the CNMI 
bottomfish fishery, to sustain community participation in the 
bottomfish fishery (i.e., small-scale fishing, community exchange, and 
sale), and to encourage consistent availability of locally-caught 
bottomfish in the CNMI.
    Five alternatives were considered: Alternative 1 - No action, 
Alternative 2 - Establish a 3-50 nm (5.6-80.5 km) closure for large 
vessels (over 50 ft (15.2 m)) and other permitting and reporting 
measures, Alternative 3 - Establish a 250 lb (113 kg) limit for onaga 
(longtail snapper, Etelis coruscans) per trip (all fishermen on the 
trip combined) outside 3 nm (5.6 km) from the CNMI, Alternative 4 - 
Limit entry to recent documented fishery participants outside 3 nm (5.6 
km) from the CNMI, and 5 - Establish a 50 nm (80.5 km) closure for 
vessels over 40 ft (12.2 m) and other permitting and reporting 
measures. Alternative 5 was selected as the preferred alternative. The 
action would establish a 50 nm (80.5 km) closed area for commercial 
bottomfish vessels over 40 ft (12.2 m) around the southern islands in 
the CNMI, and would also establish a 10 nm (18.5 km) closure around the 
northern island of Alamagan. Vessels over 40 ft (12.2 m) would be 
required to have VMS units installed, and the operators would be 
required to submit Federal sales reports for the bottomfish they sell. 
Alternative 5 would also require Federal fishing permits and data 
reporting for all commercial bottomfish vessels.
    The Council expects that the proposed rule would maintain or 
improve current levels of bottomfish recruitment and control the risk 
of localized depletion from nearshore fishing by medium and large 
vessels. The proposed rule would maintain the opportunity for viable 
catch rates at banks within the limited fishing range of smaller 
vessels in the CNMI, which would promote social and economic stability 
within the community-based fishery and help preserve elements of the 
local fishing culture. The rule may discourage (but would not prohibit) 
expansion of the medium and large vessel sectors.
    Most CNMI commercial bottomfish vessels are smaller than 40 ft 
(12.2 m) and generally around 25 ft (7.6 m). There are currently no 
active large vessels in the fishery. Six vessels larger than 40 ft 
(12.2 m) were active in 2006, and one in 2007. The closed areas around 
Saipan and Alamagan would serve to discourage (but would not prohibit) 
the renewal of a large-vessel export-oriented bottomfish fishery. These 
large vessels would still be able to fish in waters beyond 50 nm (80.5 
km) around the southern CNMI islands, outside of 10 nm (18.5 km) around 
Alamagan, and in all other waters of the northern CNMI. The permitting 
and data collection measures would improve information that is 
available to fishery scientists and managers, and would be used to 
improve stock assessments and support management measures that achieve 
optimum yields and maintain a sustainable fishery. The proposed rule 
would help to ensure the availability of locally-caught bottomfish for 
CNMI's consumers, enable larger vessels to continue to harvest 
bottomfish, and continue some opportunities for overseas bottomfish 
sales.
    By reducing the potential for fishing pressure from medium and 
large vessels, the proposed rule is expected to

[[Page 51996]]

reduce the risk of nearshore bottomfish depletion and ensure healthy 
bottomfish stocks. Catches of non-target fish are low because of the 
selective nature of the fishing gear used, and these non-target catches 
are expected to remain low as a result of the reduced fishing effort.
    The proposed rule is not expected to have a significant adverse 
impact on coastal, demersal, or other marine habitats including 
essential fish habitat or habitat areas of particular concern. The 
proposed measures are intended to reduce fishing pressure on nearshore 
bottomfish areas, and would result in a few larger vessels being 
required to move further offshore. There is a slight potential for 
increased impacts of bottomfish fishing on the essential fish habitat 
of offshore banks, but because of the gear types used in the fishery, 
and the proposed requirements for permits and reporting, the impacts 
are not expected to be significant.
    No significant adverse impacts are expected on protected marine 
mammals, sea turtles, or seabirds. In general, the CNMI bottomfish and 
pelagic fisheries are small-scale hook-and-line fisheries with few to 
no interactions with marine mammals, sea turtles, or seabirds. The 
proposed rule would reduce fishing pressure within 50 nm (80.5 km) of 
the CNMI southern islands and 10 nm (18.5 km) of Alamagan Island, and 
is not expected to result in significant changes in fishing 
interactions with protected species in other areas.
    Positive impacts on the catch rates for small vessels are expected 
because medium and large commercial bottomfish fishing vessels would be 
prohibited from fishing near the southern islands and Alamagan. 
Negative impacts may be expected for medium and large commercial 
vessels due to increased operating costs associated with fishing beyond 
the closed area boundaries. This negative impact may be offset by 
higher bottomfish catch rates in the offshore areas that have been 
fished to a lesser degree. Given that no large commercial bottomfish 
vessels are thought to be operating around the southern islands or 
Alamagan at this time, no immediate impacts are expected and future 
fishing operations would be able to anticipate the expenses.
    There would be additional administrative burdens and costs to NMFS 
for implementing the proposed rule. These costs would vary depending on 
the size of the CNMI commercial bottomfish fishery. The Federal permit 
program is expected to cost $20-35K annually. The cost to establish the 
data reporting program is estimated to be about $70K, and the annual 
operating costs, including shoreside monitoring, is estimated at about 
$100K. The costs to NMFS and the USCG to enforce the permitting, data 
reporting, and closed area requirements (including the VMS program) are 
expected to be $372-403K for the first year, and $260-290K annually 
after that.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act. The IRFA 
describes the economic impact this proposed rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A summary of the analysis follows.

Description of Small Entities to Which the Rule Would Apply

    The preferred alternative would apply to all vessels 
commercially fishing for bottomfish in U.S. EEZ waters around CNMI. 
Given an annual average of 58 known commercial fish harvesting 
vessels between 2001-05, with an annual average fleet-wide adjusted 
revenue of $136,827, it is estimated that each vessel operator 
realized an average of $2,359 in annual ex-vessel gross revenues 
from their bottomfish fishing operations. Because each vessel has 
gross receipts under $4.0 million, is independently owned and 
operated, and is not dominant in its field, all vessels comprising 
this fishery are deemed to be small entities under the Small 
Business Administration's definition of a small fish harvester. In 
2005, 62 vessels less than 40 ft (12.2 m) participated in the CNMI 
bottomfish fishery. As many as eleven medium and large vessels 
(i.e., greater than 40 feet or 12.2 m) are believed to have 
participated in this fishery since 1997. Information from fisheries 
officials in the CNMI indicate that there were six active medium and 
large vessels in 2006, and one in 2007.

Description of Alternatives

    Alternative 1: No Action. In the short-term, fishery 
participants would be expected to continue their normal operations. 
In the longer-term, economic impacts (including market and non-
market impacts) on small-vessel commercial, recreational, and 
charter fishery participants could be negative if localized 
depletion of bottomfish occurs within their limited fishing range. 
Due to their larger vessel sizes, larger-scale commercial bottomfish 
operations (which are still considered small entities) would still 
have access to offshore fishing areas. Smaller vessels would not, 
however, and could see bigger losses. Operators of the smaller 
vessels already generally participate in more than one fishery over 
the course of a year, and would likely shift their bottomfish 
fishing effort to other boat-based fisheries (e.g., pelagic 
trolling). Whether or not they would be able to recoup their lost 
bottomfish income is unclear, but a disruption of the nearshore 
bottomfish fishery would represent a reduction in their portfolio of 
fishing opportunities.
    Alternative 2: Prohibit commercial fishing for bottomfish 
management unit species (BMUS) by vessels greater than 50 ft (15.2 
m) within U.S. EEZ waters 3-50 nm (5.6-80.5 km) around the CNMI; 
require that operators of vessels greater than 50 ft (15.2 m) that 
land BMUS in the CNMI have Federal fishing permits and submit 
Federal logbooks of their associated catch and effort. Alternative 2 
may have more positive impacts than Alternative 1 for small-vessel 
commercial, recreational, and charter fishery participants by 
maintaining the opportunity for viable catch rates at banks within 
their limited fishing range around the CNMI. Unlike Alternative 1, 
Alternative 2 could cause negative impacts on the large-vessel 
commercial sector of the fishery (whose participants are still 
considered small entities) through the realization of increased 
operating costs necessitated by the requirement that large vessels 
fish on banks greater than 50 nm (80.5 km) from the CNMI, although 
this impact might be offset initially by higher bottomfish catch 
rates at more distant seamounts that remain open to large vessels. 
Likely areas for bottomfish fishing more than 50 nm (80.5 km) from 
shore are a chain of seamounts, some rising to shallow depths, about 
200 nm (370 km) west of the Mariana Islands. As these areas have not 
been previously fished by the CNMI fleet, there would be a high cost 
associated with exploring the bottomfish fishing potential of these 
seamounts and their catch rates are unknown.
    As compared to the No Action Alternative, Alternative 2 would 
eliminate commercial bottomfish fishing by large vessels (still 
considered small entities for purposes of this analysis) in waters 
3-50 nm (5.6-80.5 km) around the CNMI. There may be immediate 
impacts to vessel operations under this alternative as there may be 
some large commercial bottomfish fishing vessels active in waters 
within 50 nm (80.5 km) of the Northern Islands, though none is 
believed to be active in waters around the Southern Islands. This 
alternative would eliminate the potential renewal or expansion of 
the large vessel fishery sector in waters around Saipan. Thus, 
Alternative 2 would have greater potential than Alternative 1 for 
reducing the risk of local depletion of areas around Saipan that are 
fished by small-scale fishermen. A chain of seamounts lies parallel 
to the Mariana Archipelago nearly 200 nm (370 km) to the west. Some 
of these seamounts rise to shallow depths, but the seamounts are 
poorly-charted and the associated bottomfish habitat is not known. 
Whether or not large vessels would invest time and money in 
exploring these seamounts for bottomfish grounds under this 
alternative is unknown. In the long-term, this alternative would 
foreclose the opportunity for commercial bottomfish fishing using 
large vessels in the closed areas.

[[Page 51997]]

    This alternative would require the operators of CNMI-based 
vessels larger than 50 ft (15.2 m) commercially fishing for 
bottomfish in U.S. EEZ waters around the CNMI to obtain Federal 
fishing permits and to submit Federal catch reports. Permit 
eligibility would not be restricted, and the permit would be 
renewable on an annual basis. It is anticipated that initial permit 
applications would require 0.5 hr per applicant, with renewals 
requiring an additional 0.5 hr annually. No special skills beyond 
the ability to read and write in English would be required to 
complete the permit application, logbooks or sales reports. The fee 
for the proposed Federal fishing permit is proposed to be $80, and 
would be calculated in accordance with the procedures of the NOAA 
Finance Handbook for determining the administrative costs of each 
special product or service incurred in processing the permit. In 
developing the final rule, NMFS may consider whether a lesser permit 
fee is appropriate. A $20 permit fee would represent approximately 
0.8 percent of revenues earned by individual vessels in the 2001-05 
fishery. Similarly, a $40 permit fee would represent about 1.7 
percent, a $60 fee would be about 2.6 percent, and an $80 fee would 
represent about 3.4 percent of revenues earned by individual vessels 
in the 2001-05 fishery.
    Alternative 3: Limit onaga landings to no more than 250 lb (113 
kg) per trip for any vessel fishing in U.S. EEZ waters beyond 3 nm 
(5.6 km) around the CNMI. Alternative 3 would be expected to yield 
beneficial economic impacts for small vessels that target onaga 
(longtail snapper). They would be expected to maintain their 
opportunities for viable onaga catch rates at banks within their 
limited fishing range, as the reduced fishing revenues expected with 
a per-trip limit of 250 lb (113 kg) of onaga would discourage 
competition from large-scale, commercial onaga-fishing operations. 
Economic impacts on these large-scale operations (still considered 
small entities) would be adverse, as a 250-lb (113-kg) trip limit 
would not yield enough revenues to cover trip costs, and these trips 
would be expected to become economically inefficient. This would be 
expected to discourage medium/large vessels from entering the 
fishery.
    Alternative 4: Establish a limited access program with Federal 
permit and reporting requirements, for vessels targeting BMUS more 
than 3 nm (5.6 km) around the CNMI. Alternative 4 would likely have 
a positive economic impact on catch rates and ex-vessel revenues for 
fishery participants who have a documented history of bottomfish 
fishing in the U.S. EEZ, but a negative impact for undocumented or 
future potential participants. Limiting total fishery participation 
would be expected to result in increased catch rates for qualifying 
participants, fishing efficiency, and profits for those who qualify 
and continue fishing. Economic impacts on existing and future non-
qualifiers would be highly adverse, with no bottomfish catches or 
revenues available for this group. If limited-access permits were 
transferable, this alternative would also create an economic value 
for these permits, as the original qualifiers could subsequently 
sell or lease them to a new round of participants. This would 
represent a windfall profit to the original qualifiers.
    This alternative would require the operators of all CNMI-based 
vessels commercially fishing for bottomfish in U.S. EEZ waters 
around the CNMI to obtain Federal fishing permits and to submit 
Federal catch reports. Permit eligibility would not be restricted in 
any way, and permits would be renewable on an annual basis. It is 
anticipated that initial permit applications would require 0.5 hr 
per applicant, with renewals requiring an additional 0.5 hr 
annually. The fee for the proposed Federal fishing permit is 
proposed to be $80, and would be calculated in accordance with the 
procedures of the NOAA Finance Handbook. A $20 permit fee would 
represent approximately 0.8 percent of revenues earned by individual 
vessels in the 2001-05 fishery. Similarly, a $40 permit fee would 
represent about 1.7 percent, a $60 fee would be about 2.6 percent, 
and an $80 fee would represent about 3.4 percent of revenues earned 
by individual vessels in the 2001-05 fishery. Based on experience in 
other fisheries, it is expected that the time requirement for 
filling out Federal catch reports would be approximately 20 min per 
vessel per fishing day. No special skills beyond the ability to read 
and write in English would be required to complete the permit 
application, logbooks or sales reports.
    Alternative 5 (Preferred): Prohibit commercial fishing for BMUS 
by medium and large vessels within U.S. EEZ waters 0-50 nm (0-80.5 
km) around CNMI in the area from the southern boundary of the EEZ 
(south of Rota) to the north latitude of 16 10' 47'' (halfway 
between Farallon de Medinilla to Anatahan) and within EEZ waters 0-
10 nm (0-18.5 km) around Alamagan Island; require that medium and 
large vessels fishing commercially for BMUS in EEZ waters around the 
CNMI carry operating VMS units, and complete Federal sales reports 
for any BMUS sold in the CNMI; require that operators of all vessels 
fishing commercially for BMUS in EEZ waters around the CNMI have 
Federal fishing permits and submit Federal logbooks of their 
associated catch and effort. The impacts of Alternative 5 on 
commercial bottomfish vessels over 40 ft (12.2 m) would be similar 
to those of Alternative 2. However, the impacts to the catch rates 
and ex-vessel revenues of small-vessel fishermen would be more 
pronounced, as medium and large commercial bottomfish fishing 
vessels (though still considered small entities) would be prohibited 
from fishing around the southern islands and Alamagan. The recent 
general absence of such vessels from the fishery suggests that the 
area is not profitable for these vessels, and fishing in the 
restricted area may be more opportunistic than planned. Therefore, 
restricting medium and large vessels in the area may yield only a 
minimal adverse economic impact to individual vessels, mitigated by 
profitable opportunities elsewhere.
    This alternative would require the operators of all CNMI-based 
vessels commercially fishing for bottomfish in U.S. EEZ waters 
around the CNMI to obtain Federal fishing permits and to submit 
Federal catch reports. Permit eligibility would not be restricted in 
any way, and the permit would be renewable on an annual basis. It is 
anticipated that initial permit applications would require 0.5 hr 
per applicant, with renewals requiring an additional 0.5 hr 
annually. The fee for the proposed Federal fishing permit is 
proposed to be $80, and would be calculated in accordance with the 
procedures of the NOAA Finance Handbook. A $20 permit fee would 
represent approximately 0.8 percent of revenues earned by individual 
vessels in the 2001-05 fishery. Similarly, a $40 permit fee would 
represent about 1.7 percent, a $60 fee would be about 2.6 percent, 
and an $80 fee would represent about 3.4 percent of revenues earned 
by individual vessels in the 2001-05 fishery. Based on experience in 
other fisheries, it is expected that the time requirement for 
filling out Federal catch reports would be approximately 20 min per 
vessel per fishing day. No special skills beyond the ability to read 
and write in English would be required to complete the permit 
application, logbooks and sales reports.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA), including permits, catch 
and sales reports, vessel identification, and VMS. These requirements 
have been submitted to OMB for approval. Permit eligibility would not 
be restricted in any way, and the permit would be renewable on an 
annual basis. The Council anticipates that initial permit applications 
would require 0.5 hours per applicant, with renewals requiring an 
additional 0.5 hours annually. It is estimated that NMFS may receive 
and process up to 50 to 125 permit applications each year. Thus, the 
total collection-of-information burden to fishermen for permit 
applications is estimated at 25 to 62 hours per year. NMFS has 
initially determined that a permit fee of $80 is appropriate, but will 
consider whether a lesser cost is sufficient to cover the 
administrative costs of the permit.
    The proposed rule would also require the operators of all vessels 
commercially fishing for bottomfish in U.S. EEZ waters around the CNMI 
to complete and submit Federal catch reports. The Council anticipates 
the time requirement to complete Federal catch reports to be 
approximately 20 minutes per vessel per fishing day. Assuming that the 
50 to 125 vessels make 10 to 50 trips per year, and average 1.2 days 
per trip, the program would generate in the range of 600 to 7,500 daily 
fishing logbooks per year. Thus, the total collection-of-information 
burden estimate for fishing data reporting is estimated at 200 to 2,500 
hours per year.

[[Page 51998]]

    The proposed rule would also require the operators of medium and 
large commercial bottomfish vessels to complete and submit Federal 
sales reports. The Council anticipates the time requirement for 
completing Federal sales reports to be approximately 35 minutes per 
vessel per fishing trip. Assuming six medium and large vessels make 15 
trips per year, the program would generate approximately 90 sales 
reports per year. Thus, the total collection-of-information burden 
estimate for sales data reporting by fishermen is estimated at 52 hours 
per year. These estimates include time for reviewing instructions, 
searching existing data sources, gathering and maintaining data needed, 
and completing and reviewing the information.
    For the medium and large vessel identification requirements, the 
burden is estimated at 45 minutes to paint each vessel (15 minutes for 
each of three locations on the vessel where marking is required), and 
about $10 for paint and supplies. Assuming six medium and large 
bottomfish vessels are active, the total collection-of-information 
burden estimate is 4.5 hours and $60.
    For the medium and large vessel VMS requirements, the estimated 
time per response is four hours to install a VMS unit, and two hours 
per year to repair and maintain a VMS unit. Assuming six medium and 
large bottomfish vessels are active, the total collection-of-
information burden estimate for compliance with VMS requirements is 24 
hours the first year and 12 hours annually after that.
    Public comment is sought regarding: whether this proposed 
collections of information are necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collections of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to William 
L. Robinson (see ADDRESSES), and by email to [email protected] 
or by fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: August 29, 2008.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 665 is 
proposed to be amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

    1. The authority citation for part 665 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  665.12, add the definitions of ``CNMI commercial 
bottomfish permit'', ``Medium vessel'', and ``Receiving vessel'' in 
alphabetical order, and in the definition of ``Bottomfish management 
unit species'' revise the Hawaiian local name of longtail snapper and 
the Samoan local name and scientific name of pink snapper, in the 
definition of ``Seamount groundfish'' revise the scientific name of 
armorhead, and revise the definitions of ``Receiving vessel permit'' 
and ``Vessel monitoring system unit'' to read as follows:


Sec.  665.12  Definitions.

* * * * *
    Bottomfish management unit species means the following fish:

----------------------------------------------------------------------------------------------------------------
                  Common name                            Local name                    Scientific name
----------------------------------------------------------------------------------------------------------------
                                                    * * * * *
Longtail snapper                                Onaga, ula'ula (H); palu-                      Etelis coruscans
                                                 loa (S)
                                                    * * * * *
Pink snapper                                    Opakapaka (H); palu-ena             Pristipomoides filamentosus
                                                 'ena (S); gadao (G)
                                                    * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    CNMI commercial bottomfish permit means the permit required by 
Sec.  665.61 (a)(5) to engage in commercial fishing for bottomfish 
management unit species in U.S. EEZ waters around the CNMI.
* * * * *
    Medium vessel, as used in Sec. Sec.  665.61 through 665.72, means 
any vessel equal to or more than 40 ft (12.2 m) and less than 50 ft 
(15.2 m) in length overall.
* * * * *
    Receiving vessel means a vessel that receives fish or fish products 
from a fishing vessel, and with regard to a vessel holding a permit 
under Sec.  665.21(e) that also lands Pacific Pelagic Management Unit 
Species taken by other vessels using longline gear.
    Receiving vessel permit means a permit required by Sec.  665.21(e) 
for a receiving vessel to transship or land Pacific pelagic management 
unit species taken by other vessels using longline gear.
* * * * *
    Seamount groundfish means the following species:

------------------------------------------------------------------------
                Common name                        Scientific name
------------------------------------------------------------------------
Armorhead                                   Pseudopentaceros richardsoni
                                * * * * *
------------------------------------------------------------------------

* * * * *
    Vessel monitoring system unit (VMS unit) means the hardware and 
software owned by NMFS, installed on vessels by NMFS, and required to 
track and transmit the positions of certain vessels.
* * * * *
    3. In Sec.  665.13, revise paragraphs (f)(2)(i) through (f)(2)(v), 
and add a new paragraph (f)(2)(vi) to read as follows:


Sec.  665.13  Permits and fees.

* * * * *
    (f) Fees. * * *
    (2) * * *
    (i) Hawaii longline limited access permit.
    (ii) Mau Zone limited access permit.
    (iii) Coral reef ecosystem special permit
    (iv) American Samoa longline limited access permit.
    (v) Main Hawaiian Islands non-commercial bottomfish permit.
    (vi) CNMI commercial bottomfish permit.
* * * * *

[[Page 51999]]

    4. In Sec.  665.14, revise paragraphs (a)(1), (a)(2)(i), and (c) to 
read as follows:


Sec.  665.14  Reporting and recordkeeping.

    (a) Fishing record forms--(1) Applicability. The operator of any 
fishing vessel subject to the requirements of Sec. Sec.  665.21, 
665.41, 665.61(a)(2), 665.61(a)(3), 665.61(a)(4), 665.61(a)(5), 665.81, 
or 665.602 must maintain on board the vessel an accurate and complete 
record of catch, effort, and other data on paper report forms provided 
by the Regional Administrator, or electronically as specified and 
approved by the Regional Administrator. All information specified by 
the Regional Administrator must be recorded on paper or electronically 
within 24 hours after the completion of each fishing day. The logbook 
information, reported on paper or electronically, for each day of the 
fishing trip must be signed and dated or otherwise authenticated by the 
vessel operator in the manner determined by the Regional Administrator, 
and be submitted or transmitted via an approved method as specified by 
the Regional Administrator, and as required by this paragraph (a).
    (2) Timeliness of submission. (i) If fishing was authorized under a 
permit pursuant to Sec. Sec.  665.21, 665.41, 665.61(a)(3), 
665.61(a)(5), or 665.81, the vessel operator must submit the original 
logbook form for each day of the fishing trip to the Regional 
Administrator within 72 hours of the end of each fishing trip, except 
as allowed in paragraph (a)(2)(iii) of this section.
* * * * *
    (c) Sales report. The operator of any fishing vessel subject to the 
requirements of Sec.  665.41, or the owner of a medium or large fishing 
vessel subject to the requirements of Sec.  665.61(a)(5), must submit 
to the Regional Administrator, within 72 hours of offloading crustacean 
or bottomfish management unit species, respectively, an accurate and 
complete sales report on a form provided by the Regional Administrator. 
The form must be signed and dated by the fishing vessel operator.
* * * * *


Sec.  665.22  [Amended]

    5. Redesignate paragraphs (o) through (u) in Sec.  665.22 as 
paragraphs (m) through (s) in Sec.  665.15, and revise newly-
redesignated paragraphs (m) through (s) in Sec.  665.15 to read as 
follows:


Sec.  665.15  Prohibitions.

* * * * *
    (m) Fish for, catch, or harvest management unit species with 
longline gear without an operational VMS unit on board the vessel after 
installation of the VMS unit by NMFS, in violation of Sec.  
665.19(e)(2).
    (n) Possess management unit species, that were harvested after NMFS 
has installed the VMS unit on the vessel, on board that vessel without 
an operation VMS unit, in violation ofSec.  665.19(e)(2).
    (o) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or attempt any of the same; or move or 
remove a VMS unit without the prior permission of the SAC in violation 
of Sec.  665.19(e)(3).
    (p) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit, in 
violation of Sec.  665.19(e)(1).
    (q) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit, in violation 
of Sec.  665.19(e)(1).
    (r) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer, in violation of Sec.  665.28(f)(4).
    (s) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC, in violation of Sec.  665.19(f).
    6. In Sec.  665.16, add new paragraph (e)(2) to read as follows:


Sec.  665.16  Vessel identification.

* * * * *
    (e) * * *
    (2) A vessel less than 40 ft (12.2 m) in length registered for use 
under a CNMI commercial bottomfish permit that is in compliance with 
CNMI bottomfish vessel registration and marking requirements.


Sec.  665.25  [Redesignated as Sec.  665.19]

    7. Redesignate Sec.  665.25 as new Sec.  665.19, and revise newly-
redesignated Sec.  665.19 to read as follows:


Sec.  665.19  Vessel monitoring system.

    (a) Applicability. The holder of any of the following permits is 
subject to the vessel monitoring system requirements in this part:
    (1) Hawaii longline limited access permit issued pursuant to Sec.  
665.21(b);
    (2) American Samoa longline limited entry permit, for vessel size 
Class C or D, issued pursuant to Sec.  665.21(c);
    (3) Vessels permitted to fish in Crustaceans Permit Area 1 VMS 
Subarea; or
    (4) CNMI commercial bottomfish permit, if the vessel is a medium or 
large bottomfish vessel, issued pursuant toSec.  665.61(a)(5).
    (b) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS 
complies with the requirement of this subpart.
    (c) Notification. After a permit holder subject to this part has 
been notified by the SAC of a specific date for installation of a VMS 
unit on the permit holder's vessel, the vessel must carry and operate 
the VMS unit after the date scheduled for installation.
    (d) Fees and charges. During the experimental VMS program, the 
holder of a permit subject to this part shall not be assessed any fee 
or other charges to obtain and use a VMS unit, including the 
communication charges related directly to requirements under this 
section. Communication charges related to any additional equipment 
attached to the VMS unit by the owner or operator shall be the 
responsibility of the owner or operator and not NMFS.
    (e) Permit holder duties. The holder of a permit subject to this 
part, and master of the vessel, must:
    (1) Provide opportunity for the SAC to install and make operational 
a VMS unit after notification.
    (2) Carry and continuously operate the VMS unit on board whenever 
the vessel is at sea.
    (3) Not remove, relocate, or make non-operational the VMS unit 
without prior approval from the SAC.
    (f) Authorization by the SAC. The SAC has authority over the 
installation and operation of the VMS unit. The SAC may authorize the 
connection or order the disconnection of additional equipment, 
including a computer, to any VMS unit when deemed appropriate by the 
SAC.
    8. In Sec.  665.61, add new paragraph (a)(5) to read as follows:


Sec.  665.61  Permits.

    (a) * * *
    (5) Commonwealth of the Northern Mariana Islands (CNMI) commercial. 
The owner of any vessel used to commercially fish for, transship, 
receive, or land bottomfish management unit species shoreward of the 
outer boundary of the CNMI management subarea must have a permit issued 
under this section, and the permit must be registered for use with that 
vessel.
* * * * *
    9. In Sec.  665.62, add paragraphs (o) through (r) to read as 
follows:


Sec.  665.62  Prohibitions.

* * * * *
    (o) Use a vessel to fish commercially for bottomfish management 
unit species shoreward of the outer boundary of the CNMI subarea 
without a valid CNMI commercial bottomfish permit registered for use 
with that vessel, in violation of Sec.  665.61(a)(5).

[[Page 52000]]

    (p) Use a medium or large vessel to fish for bottomfish management 
unit species within the CNMI medium and large vessel bottomfish 
prohibited areas, as defined in Sec.  665.70(b).
    (q) Retain, land, possess, sell, or offer for sale, shoreward of 
the outer boundary of the CNMI subarea, bottomfish management unit 
species that were harvested in violation of Sec.  665.62(p), except 
that bottomfish management unit species that are harvested legally may 
be transferred to a receiving vessel shoreward of the outer boundary of 
the CNMI medium and large vessel bottomfish prohibited area as defined 
in Sec.  665.70(b).
    (r) Falsify or fail to make, keep, maintain, or submit a Federal 
logbook as required under Sec.  665.14(a) when using a vessel to engage 
in commercial fishing for bottomfish management unit species shoreward 
of the outer boundary of the CNMI subarea in violation of Sec.  
665.14(a).
    10. In Sec.  665.69, remove paragraph (a)(7) and redesignate 
paragraph (a)(8) as paragraph (a)(7), and revise paragraph (a) 
introductory text, paragraphs (a)(6), and (c) to read as follows:


Sec.  665.69  Management subareas.

    (a) The bottomfish fishery management area is divided into subareas 
with the following designations and boundaries:
* * * * *
    (6) CNMI Management Subarea means the EEZ seaward of the CNMI. The 
CNMI Management Subarea is further divided into subareas with the 
following designations and boundaries:
    (i) CNMI Inshore Area means that portion of the EEZ within 3 
nautical miles of the shoreline of the CNMI.
    (ii) CNMI Offshore Area means that portion of the EEZ seaward of 3 
nautical miles from the shoreline of the CNMI.
* * * * *
    (c) The outer boundary of each fishery management area is a line 
drawn in such a manner that each point on it is 200 nautical miles from 
the baseline from which the territorial sea is measured, or is 
coterminous with adjacent international maritime boundaries, except 
that the outer boundary of the CNMI Inshore Area is 3 nautical miles 
from the shoreline. The boundary between the fishery management areas 
of Guam and the CNMI extends to those points which are equidistant 
between Guam and the island of Rota in the CNMI.
    11. Revise Sec.  665.70 to read as follows:


Sec.  665.70  Bottomfish fishery area management.

    (a) Guam large vessel bottomfish prohibited area (Area GU-1). A 
large vessel of the United States may not be used to fish for 
bottomfish management unit species in the Guam large vessel bottomfish 
prohibited area, defined as the U.S. EEZ waters surrounding Guam that 
are enclosed by straight lines connecting the following coordinates in 
the order listed:

------------------------------------------------------------------------
                 Point                       N. lat.         E. long.
------------------------------------------------------------------------
GU-1-A                                   14[deg]16'      144[deg]17'
GU-1-B                                   13[deg]50'      143[deg]52'
GU-1-C                                   13[deg]17'      143[deg]46'
GU-1-D                                   12[deg]50'      143[deg]54'
GU-1-E                                   12[deg]30'      144[deg]14'
GU-1-F                                   12[deg]25'      144[deg]51'
GU-1-G                                   12[deg]57'      145[deg]33'
GU-1-H                                   13[deg]12'      145[deg]43'
GU-1-I                                   13[deg]29'44''  145[deg]48'27''
GU-1-A                                   14[deg]16'      144[deg]17'
------------------------------------------------------------------------

    (b) CNMI medium and large vessel bottomfish prohibited areas. A 
medium or large vessel of the United States may not be used to fish 
commercially for bottomfish management unit species in the following 
areas:
    (1) CNMI Southern Islands (Area NM-1). The CNMI Southern Islands 
prohibited area is defined as the waters of the U.S. EEZ surrounding 
the CNMI that are enclosed by straight lines connecting the following 
coordinates in the order listed:

------------------------------------------------------------------------
                 Point                       N. lat.         E. long.
------------------------------------------------------------------------
NM-1-A                                   14[deg]9'       144[deg]15'
NM-1-B                                   16[deg]10'47''  145[deg]12'
NM-1-C                                   16[deg]10'47''  146[deg]53'
NM-1-D                                   14[deg]48'      146[deg]33'
NM-1-E                                   13[deg]27'      145[deg]43'
NM-1-A                                   14[deg]9'       144[deg]15'
------------------------------------------------------------------------

    (2) CNMI Alamagan Island (Area NM-2). The CNMI Alamagan Island 
prohibited area is defined as the waters of the U.S. EEZ surrounding 
the CNMI that are enclosed by straight lines connecting the following 
coordinates in the order listed:

------------------------------------------------------------------------
                 Point                       N. lat.         E. long.
------------------------------------------------------------------------
NM-2-A                                   17[deg]26'      145[deg]40'
NM-2-B                                   17[deg]46'      145[deg]40'
NM-2-C                                   17[deg]46'      146[deg]00'
NM-2-D                                   17[deg]26'      146[deg]00'
NM-2-A                                   17[deg]26'      145[deg]40'
------------------------------------------------------------------------

[FR Doc. E8-20774 Filed 9-5-08; 8:45 am]
BILLING CODE 3510-22-S