Western Pacific Bottomfish Fisheries; Enforcement of Permit Requirements

DEPARTMENT OF COMMERCE

50 CFR Part 683

[Docket No. 950803202-5202-01; I.D. 070395C]

RIN 0648-AH48

Western Pacific Bottomfish Fisheries; Enforcement of Permit

Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would make minor changes to

regulations implementing the Fishery Management Plan for the Bottomfish

Fisheries of the Western Pacific Region. In addition to some technical

changes, operators of bottomfish vessels would be required to display

their official number to enhance enforcement, and fish dealers would be

required to make available to authorized officers records that are

required by state law regarding sales of fish to facilitate monitoring

of the fishery. These changes are intended to make existing regulations

clearer and more effective.

DATES: Comments will be accepted until October 16, 1995.

ADDRESSES: Comments should be sent to Ms. Hilda Diaz-Soltero, Director,

Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long

Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: James Morgan, 310-980-4036; or

Alvin Z. Katekaru, 808-973-2985.

SUPPLEMENTARY INFORMATION: At the September 1994 meeting of the Western

Pacific Fishery Management Council (Council), the NMFS Office of

Enforcement, Southwest Region, recommended changes to the regulations

for the bottomfish fisheries for the purpose of clarifying the

requirements. The Council approved those changes and recommended that

NMFS amend the existing regulations. The proposed changes are as

follows:

1. List in the prohibitions section of the regulations that fishing

without a permit in the Mau Zone of the Northwestern Hawaiian Islands

is unlawful. A permit is required for both the Ho'omalu and Mau zones;

however, only the Ho'omalu Zone is mentioned in the prohibitions

section at Sec. 683.6. Mentioning the Mau Zone in the prohibitions

section would correct an oversight. 2. Require operators of bottomfish

vessels to display their official numbers. Operators of vessels fishing

in the crustacean and pelagic fisheries of the western Pacific are

required to display their official numbers; however, this requirement

was overlooked in the bottomfish fishery. Displaying the official

number would help enforcement officers to identify fishing vessels,

thereby minimizing radio contact and time on scene by air or ship while

enforcing the regulations.

3. Require any person, such as fish dealers, to make available to

authorized officers records that are required by state law regarding

sales of fish. Current regulations at Sec. 683.4(c) require fishermen

and fish dealers to submit to

[[Page 43107]]

the appropriate state agency all reports required by that state. A new

paragraph is proposed to be added that would require fish dealers to

make state reports available to authorized officers for inspection.

This would facilitate monitoring of the fishery.

4. Several editorial changes to the regulations would also be made

for the purposes of clarity.

Classification

This action is taken under authority of the Magnuson Fishery

Conservation and Management Act, 16 U.S.C. 1801 et seq. This action has

been determined to be not significant for the purposes of E.O. 12866.

The Assistant General Counsel of the Department of Commerce certified

to the Chief Counsel for Advocacy of the Small Business Administration

that this proposed rule, if adopted, would not have a significant

economic impact on a substantial number of small entities. The only

costs are minimal costs of allowing access to fish reports required by

the State, and a small additional cost to fishermen related to the

requirement to paint the official number on each vessel. As a result, a

regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 683

Administrative practice and procedure, Fisheries, Reporting and

recordkeeping requirements.

Dated: August 11, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 683 is

proposed to be amended as follows:

PART 683--WESTERN PACIFIC BOTTOMFISH AND SEAMOUNT GROUNDFISH

FISHERIES

1. The authority citation for part 683 continues to read as

follows:

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

2. In Sec. 683.2, the definition of ``Council'' is revised to read

as follows:

Sec. 683.2 Definitions.

* * * * *

Council means the Western Pacific Fishery Management Council, 1164

Bishop Street, Suite 1405, Honolulu, HI 96813, 808-522-8220.

* * * * *

3. In Sec. 683.4, paragraph (d) is added to read as follows:

Sec. 683.4 Recordkeeping and reporting.

* * * * *

(d) Any person who is required by State laws and regulations to

maintain records of landings and sales for vessels regulated by this

part, shall make those records immediately available for Federal

inspection and copying upon request by an authorized officer.

4. In Sec. 683.6, paragraphs (i) and (j) are amended by removing

the word ``fishing'' and replacing it with the word ``fish''; and

paragraphs (f) through (k) are redesignated as paragraphs (g) through

(l), respectively, and paragraphs (f), (m), and (n) are added to read

as follows:

Sec. 683.6 Prohibitions.

* * * * *

(f) Fish for bottomfish in the Mau Zone without a permit issued

under Sec. 683.21.

* * * * *

(m) Fail to affix and maintain vessel markings, as required by

Sec. 683.9.

(n) Refuse to make available to an authorized officer for

inspection any records that must be made available in accordance with

Sec. 681.4.

5. Sections 683.9 and 683.10 are redesignated as Secs. 683.10 and

683.11, respectively, and a new Sec. 683.9 is added as follows:

Sec. 683.9 Vessel identification.

(a) Official number. Each fishing vessel subject to this part must

display its official number on the port and starboard sides of the

deckhouse or hull, and on an appropriate weather deck so as to be

visible from enforcement vessels and aircraft.

(b) Numerals. In each of the three locations specified in paragraph

(a), the official number must appear in block Arabic numerals at least

18 inches (45.7 cm) in height for fishing vessels of 65 feet (19.8 m)

in length or longer, and at least 10 inches (25.4 cm) in height for

other vessels. Markings must be legible and of a color that contrasts

with the background.

(c) Duties of operator. The operator of each fishing vessel subject

to this part must--

(1) Keep the displayed official number clearly legible and in good

repair; and

(2) Ensure that no part of the vessel, its rigging, or its fishing

gear obstructs the view of the official number from an enforcement

vessel or aircraft.

Sec. 683.29 [Amended]

6. In Sec. 683.29, paragraph (a) is amended by removing the

telephone number ``808-955-8831'' and adding, in its place ``808-973-

2939''.

[FR Doc. 95-20554 Filed 8-17-95; 8:45 am]

BILLING CODE 3510-22-F