[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Rules and Regulations]
[Pages 70600-70603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27775]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 080206127-81426-02]
RIN 0648-AS71


Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig 
Fisheries

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

ACTION: Final rule.

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SUMMARY: This final rule designates three species of pelagic squid as 
management unit species, and establishes permitting and reporting 
requirements for squid jig fishing vessels over 50 ft (15.4 m) in 
length. These vessels will also be required to carry Federal observers 
if requested by NMFS. The final rule is intended to improve information 
on squid jig fisheries and their ecosystem impacts, and to provide a 
basis for future management of the fishery, if needed.

DATES: This final rule is effective December 22, 2008, except for the 
amendments to Sec. Sec.  665.13, 665.14, 665.21, and 665.22, which 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act (PRA). When OMB approval is received, the 
effective date will be announced in the Federal Register.

ADDRESSES: The Fishery Management Plan for Pelagic Fisheries of the 
Western Pacific Region (Pelagics FMP) and Amendment 15 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.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to William L. Robinson Regional 
Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Blvd, 
Suite 1110, Honolulu, HI 96814 4700, and by e-mail to [email protected] or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, NMFS PIR Sustainable 
Fisheries Division, 808-944-2272.

SUPPLEMENTARY INFORMATION: This Federal Register is also accessible at 
the Office of the Federal Register's web site: www.gpoaccess.gov/fr.

[[Page 70601]]

    Pelagic squid are targeted by fisheries for food and bait 
throughout the Pacific. They are widely dispersed and short-lived, with 
relatively high reproduction rates, and are difficult to over-harvest 
by jigging. There is no evidence of over-harvesting of pelagic squid 
stocks on the high seas or in EEZ waters around U.S. islands in the 
western Pacific. They are a major component of the pelagic ecosystem, 
with large species preying on a variety of fish and invertebrate 
species, and smaller species providing important forage components for 
species such as swordfish and pilot whales. This key role of squid in 
the trophic web suggests that squid may be an important indicator of 
ecosystem dynamics.
    This final rule implements measures that will provide additional 
information about squid jig fisheries, and will establish a foundation 
for the Council and NMFS to effectively monitor and manage U.S. pelagic 
squid jig fisheries, as follows:
     Add three pelagic squid species to the pelagic management 
unit (neon flying squid, Ommastrephes bartramii, diamondback squid, 
Thysanoteuthis rhombus, and purpleback flying squid, Sthenoteuthis 
oualaniensis); and
     Require operators of U.S. vessels greater than 50 ft (15.4 
m) in length overall that fish for pelagic squid in waters of the U.S. 
Exclusive Economic Zone (EEZ) of the western Pacific to:
    i. Obtain Federal permits;
    ii. Carry Federal observers if requested by NMFS; and
    iii. Report any Pacific pelagic squid catch and effort either in 
Federal squid logbooks or via existing state reporting systems.
    U.S. squid jig vessels that fish only on the high seas in the 
western Pacific will be required to report their catch and effort using 
the new Federal squid logbooks, pursuant to the reporting and 
recordkeeping provision of the High Seas Fishing Compliance Act 
(HSFCA).
    Additional background information on this final rule may be found 
in the preamble to the proposed rule published on August 28, 2008 (73 
FR 50751), and is not repeated here.

Comments and Responses

    On August 11, 2008, NMFS published a notice of availability and 
request for public comments on Amendment 15, including a Draft 
Environmental Assessment (73 FR 46580). The amendment comment period 
ended on October 10, 2008. On August 28, 2008, NMFS published a 
proposed rule (73 FR 50751) that would implement the management 
measures recommended by the Council in Amendment 15. The proposed rule 
comment period ended on October 14, 2008. NMFS received comments from 
the public, and responds as follows:
    Comment 1: How does the squid jig fishery indirectly impact 
seabirds by reducing prey availability?
    Response: In subtropical waters, many of the seabird species, 
including boobies, terns, and shearwaters, are important predators of 
squid, especially S. oualaniensis. During winter and spring, O. 
bartramii may become more common prey for seabirds as the squid undergo 
southern spawning migrations to the subtropics from more temperate 
waters that are inhabited during the summer and fall. However, there 
are currently no major high seas fisheries in the central North Pacific 
targeting this squid (or any of the three species being added to the 
management unit) so the impacts on this seabird's prey are likely to be 
minimal. This rule does not change squid fishing operations, so there 
will be no changes to seabird prey availability. Improved understanding 
of western Pacific squid jig fisheries through the data collection and 
observer programs implemented by this rule will allow NMFS and the 
Council to better assess the potential direct and indirect impacts of 
squid jig fisheries on seabirds.
    Comment 2: Given that information is limited, commercial squid 
fishing is likely to impact squid stocks. What is the basis for 
indicating that the stocks are healthy?
    Response: A major purpose of the action is to obtain information on 
a domestic fishery about which we know little. Squids are fast-growing 
and short-lived, with high natural mortality rates. Such species are 
typically able to withstand fishing pressure much more resiliently than 
longer-lived, slower-growing species. Even if heavily fished, there is 
evidence that pelagic squid populations can recover rapidly. For 
example, stock abundance of O. bartramii in the western central Pacific 
was extremely low in 1993, probably due to high fishing rates derived 
from the now defunct Asian high seas driftnet fishery. After a United 
Nations global moratorium on all large-scale driftnet fisheries in 
1992, the O. bartramii stock recovered quickly and abundance was high 
during 1994-96.
    The western Pacific pelagic squid jig fishery for O. bartramii is 
inactive, but during 2003, when the high seas component of the fishery 
was last known to be active, our best available information indicates 
that four vessels harvested 20,253 kg of pelagic squid. Based on this 
information, it appears the magnitude of the fishery is relatively 
small compared with other western Pacific pelagic fisheries, such as 
longline and tuna purse seine. Therefore, we believe fishery impacts on 
squid stock, habitat, non-target fish species and protected resources 
(sea turtles, seabirds, marine mammals) are likely to be commensurately 
small, if not insignificant. Nonetheless, permitting and reporting 
requirements implemented by this final rule will enable NMFS and the 
Council to monitor the fishery for signs of overfishing and initiate 
management actions in a timely manner, if warranted.
    Comment 3: What information will be collected in the new squid 
fishing logbooks?
    Response: The data to be collected include environmental 
conditions, gear configuration, fishing effort, catch and discards, 
bycatch, and protected species interactions. These are fishery-
dependent data required for management action.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Classification

    The Regional Administrator, Pacific Islands Region, NMFS, 
determined that Pelagics FMP Amendment 15 is necessary for the 
conservation and management of the pelagic squid fishery and that it is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). These requirements have 
not yet been approved by OMB, but such approval is expected in the near 
future. NMFS will publish a notice when these requirements are cleared 
by OMB and are, therefore, effective (see DATES). NMFS anticipates that 
initial permit applications would require 0.5 hours per applicant, with 
renewals requiring

[[Page 70602]]

an additional 0.5 hours annually. It is estimated that NMFS may receive 
and process up to 30 permit applications each year. Thus, the total 
collection-of-information burden to fishermen for permit applications 
is estimated at 15 hours per year. The cost for individual Federal 
permits has not been determined, but would represent only the 
administrative cost and is anticipated to be approximately $30 per 
permit.
    NMFS anticipates the time requirement to complete Federal catch 
reports to be approximately 10 minutes per vessel per fishing day. 
Assuming that the 30 vessels fish during up to 100 days per year, the 
total collection-of-information burden estimate for fishing data 
reporting is estimated at 500 hours per year. These estimates include 
the time for reviewing instructions, searching and compiling existing 
data sources, and completing and reviewing the collection information. 
Send comments on these burden estimates or any other aspects of this 
data collection, including suggestions for reducing the burden to 
William L. Robinson (see ADDRESSES), and by e-mail to [email protected] or 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, 
Pacific remote island areas, Reporting and recordkeeping requirements.

    Dated: November 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 665 is to be 
amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

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

0
2. In Sec.  665.12, amend the definition for ``Pacific Pelagic 
Management Unit Species'' by adding three squid species to the end of 
the table, and add a definition for ``Squid jig fishing'' in 
alphabetical order to read as follows:


Sec.  665.12  Definitions.

* * * * *
    Pacific Pelagic Management Unit Species * * *

------------------------------------------------------------------------
              Common name                        Scientific name
------------------------------------------------------------------------
* * * * * * *
---------------------------------------
Squid:                                  ................................
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Diamondback squid                       Thysanoteuthis rhombus
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Neon flying squid                       Ommastrephes bartramii
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Purpleback flying squid                 Sthenoteuthis oualaniensis
------------------------------------------------------------------------

* * * * *
    Squid jig fishing means fishing for squid that are Pelagic 
management unit species using a hook or hooks attached to a line that 
is raised and lowered in the water column by manual or mechanical 
means.
* * * * *

0
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) Western Pacific squid jig permit.
* * * * *

0
4. In Sec.  665.14, revise paragraph (a)(1) to read as follows:


Sec.  665.14  Reporting and recordkeeping.

    (a) Fishing record forms. (1) Applicability. (i) 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), 665.81, 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, except as allowed in paragraph (a)(1)(iii) 
of this section.
    (ii) 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).
    (iii) In lieu of the requirements in paragraph (a)(1)(i) of this 
section, the operator of a fishing vessel registered for use under a 
Western Pacific squid jig permit pursuant to the requirements of Sec.  
665.21(g) may participate in a state reporting system. If participating 
in a state reporting system, all required information must be recorded 
and submitted in the exact manner required by applicable state law or 
regulation.
* * * * *

0
5. In Sec.  665.21, redesignate paragraphs (g) through (n) as 
paragraphs (h) through (o), and add a new paragraph (g) to read as 
follows:


Sec.  665.21  Permits.

* * * * *
    (g) A vessel of the United States must be registered for use under 
a Western Pacific squid jig fishing permit, if that vessel is more than 
50 ft (15.4 m) in length overall and is used to squid jig fish in EEZ 
waters around American Samoa, the CNMI, Guam, Hawaii, or the PRIA.
* * * * *

0
6. In Sec.  665.22 add new paragraph (zz) to read as follows:


Sec.  665.22  Prohibitions.

* * * * *
    (zz) Use a vessel that is greater than 50 ft (15.4 m) in length 
overall to squid jig fish in EEZ waters around American Samoa, the 
CNMI, Guam, Hawaii, or the PRIA, without a Western Pacific squid jig 
fishing permit registered for use with that vessel, in violation of 
Sec.  665.21(g).

0
7. In Sec.  665.23, revise paragraph (a), redesignate paragraphs (b) 
and (c) as paragraphs (d) and (e), and add new paragraphs (b) and (c) 
to read as follows:


Sec.  665.23  Notifications.

    (a) The permit holder, or designated agent, for any vessel 
registered for use under a Hawaii longline limited access permit, or 
for any vessel greater than 40 ft (12.2 m) in length overall that is 
registered for use under an American Samoa longline limited access 
permit, shall provide a notice to the Regional Administrator at least 
72 hours (not

[[Page 70603]]

including weekends and Federal holidays) before the vessel leaves port 
on a fishing trip, any part of which occurs in the EEZ around the 
Hawaiian Archipelago or American Samoa. The vessel operator will be 
presumed to be an agent designated by the permit holder unless the 
Regional Administrator is otherwise notified by the permit holder. The 
permit holder or designated agent for a vessel registered for use under 
Hawaii longline limited access permits must also provide notification 
of the trip type (either deep-setting or shallow-setting).
    (b) The permit holder, or designated agent, for any vessel 
registered for use under a Western Pacific squid jig fishing permit 
that is greater than 50 ft (15.4 m) in length overall, shall provide a 
notice to the Regional Administrator at least 72 hours (not including 
weekends and Federal holidays) before the vessel leaves port on a 
fishing trip, any part of which occurs in western Pacific EEZ waters. 
The vessel operator will be presumed to be an agent designated by the 
permit holder unless the Regional Administrator is otherwise notified 
by the permit holder.
    (c) For purposes of this section, the notice must be provided to 
the office or telephone number designated by the Regional 
Administrator. The notice must provide the official number of the 
vessel, the name of the vessel, the intended departure date, time, and 
location, the name of the operator of the vessel, and the name and 
telephone number of the permit holder or designated agent to be 
available between 8 a.m. and 5 p.m. (local time) on weekdays for NMFS 
to contact to arrange observer placement.
* * * * *
[FR Doc. E8-27775 Filed 11-20-08; 8:45 am]
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