[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Proposed Rules]
[Pages 7385-7386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02116]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-BA98


Western Pacific Fisheries; Fishing in the Marianas Trench, 
Pacific Remote Islands, and Rose Atoll Marine National Monuments

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

ACTION: Notice of availability of fishery ecosystem plan amendments; 
request for comments.

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SUMMARY: NMFS announces that the Western Pacific Fishery Management 
Council proposes to amend four fishery ecosystem plans to establish 
fishing requirements consistent with the Presidential proclamations 
that created the Marianas Trench, Pacific Remote Islands, and Rose 
Atoll Marine National Monuments.

DATES: NMFS must receive comments on the proposed amendments by April 
2, 2013.

ADDRESSES: You may submit comments on the proposed amendments, 
identified by NOAA-NMFS-2012-0070, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0070, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying

[[Page 7386]]

information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous), and will accept attachments to electronic comments in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    The Western Pacific Fishery Management Council (Council) prepared 
Amendment 3 to the Fishery Ecosystem Plan for the Mariana Archipelago, 
Amendment 2 to the Fishery Ecosystem Plan for the Pacific Remote Island 
Areas, Amendment 3 to the Fishery Ecosystem Plan for American Samoa, 
and Amendment 6 to the Fishery Ecosystem Plan for Pelagic Fisheries of 
the Western Pacific. The amendments are presented as a single document, 
which includes background information on this proposed rule, an 
environmental assessment, and a regulatory impact review. You may 
obtain the draft amendment document from www.regulations.gov or from 
the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or from www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR Sustainable 
Fisheries, tel 808-944-2200.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage fisheries 
through fishery ecosystem plans for American Samoa, the Mariana 
Archipelago (Guam and the Commonwealth of the Northern Mariana Islands 
(CNMI)), the Pacific Remote Islands (PRI), Hawaii, and western Pacific 
pelagic fisheries.
    In 2009, President Bush issued Presidential Proclamations that 
established three marine national monuments in the central and western 
Pacific under the authority of the Antiquities Act, as follows:
     Proclamation 8335 of January 6, 2009, ``Establishment of 
the Marianas Trench Marine National Monument'' (74 FR 1557, January 12, 
2009).
     Proclamation 8336 of January 6, 2009, ``Establishment of 
the Pacific Remote Islands Marine National Monument'' (74 FR 1565, 
January 12, 2009).
     Proclamation 8337 of January 6, 2009, ``Establishment of 
the Rose Atoll Marine National Monument'' (74 FR 1577, January 12, 
2009).
    The proclamations recognize that it is in the public interest to 
preserve these submerged lands, waters, and marine resources, which are 
biologically diverse, contain sites of historical and scientific 
interest, and are essential to the long-term study of tropical marine 
ecosystems. For more detailed information regarding the marine 
resources and background for the management of the Monuments, please 
refer to the Proclamations, available at www.regulations.gov.
    Among other things, the Proclamations define the Monuments' 
boundaries, prohibit commercial fishing, and describe the management of 
Monument resources. The Proclamations direct the Secretary of Commerce 
to take action under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) to regulate fisheries and ensure 
proper care and management of the monument, including allowing for 
traditional indigenous fishing practices.
    The Council recommended incorporating the Proclamations' fishery 
management provisions into its fishery ecosystem plans, and recommended 
that NMFS establish certain provisions relating to traditional 
indigenous fishing practices. To manage fisheries in the monuments 
consistent with the Proclamations, the Council has submitted, for 
Secretarial review, Amendment 3 to Fishery Ecosystem Plan for the 
Mariana Archipelago, Amendment 2 to the Fishery Ecosystem Plan for the 
Pacific Remote Island Areas, Amendment 3 to the Fishery Ecosystem Plan 
for American Samoa, and Amendment 6 to the Fishery Ecosystem Plan for 
Pelagic Fisheries of the Western Pacific. The Council recommended 
amending the four plans to incorporate and establish fishing management 
provisions consistent with the proclamations, including the following:
     Identify the boundaries of the Monuments and their various 
management units.
     Prohibit commercial fishing in the Pacific Remote Islands 
and Rose Atoll Monuments, and in the Islands Unit of the Marianas 
Trench Monument.
     Establish management measures for non-commercial and 
recreational charter fishing in the Monuments, including but not 
limited to the following:
    [cir] Require Federal permits and reporting for non-commercial and 
recreational charter fishing to aid in the monitoring of fishing 
activities.
    [cir] Allow customary exchange in non-commercial fisheries in the 
Marianas Trench and Rose Atoll Marine National Monuments to help 
preserve traditional, indigenous, and cultural fishing practices.
    [cir] Define customary exchange as the non-market exchange of 
marine resources between fishermen and community residents, and the 
residents' families and friends, for goods, services, and/or social 
support, for cultural, social, or religious reasons, and may include 
cost recovery through monetary reimbursements and other means for 
actual trip expenses (e.g., ice, bait, food, or fuel) that may be 
necessary to participate in fisheries in the western Pacific.
    [cir] Limit the eligibility for non-commercial fishing to residents 
and businesses of local fishing communities for the Rose Atoll Monument 
and Marianas Monument Islands Unit.
    [cir] Prohibit all fishing within 12 nm of the Pacific Remote 
Islands, subject to U.S. Fish & Wildlife Service authority to allow 
non-commercial fishing in consultation with NOAA and the Council.
    [cir] Prohibit all fishing within 12 nm around Rose Atoll. The 
Council and NMFS would review this regulation after three years.
     Prohibit the conduct of commercial fishing outside the 
Monument and non-commercial fishing within the Monument during the same 
trip.
    NMFS must receive any public comments on the proposed amendments by 
April 2, 2013 to be considered in the Secretary of Commerce's decision 
to approve, partially approve, or disapprove the amendments. NMFS 
expects to soon publish and request public comments on a proposed rule 
that would implement the measures recommended in the amendments.

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

    Dated: January 28, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-02116 Filed 1-31-13; 8:45 am]
BILLING CODE 3510-22-P