Fisheries Off West Coast States and in the Western Pacific; Western Pacific Precious Corals Fisheries; Amendment 3

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980714174-8174-01; I.D. 061898B]

RIN 0648-AK60

Fisheries Off West Coast States and in the Western Pacific;

Western Pacific Precious Corals Fisheries; Amendment 3

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes regulations to implement Amendment 3 to the

Fishery Management Plan for the Precious Corals Fisheries of the

Western Pacific Region (FMP). Amendment 3 would establish framework

procedures enabling management measures to be established and/or

changed via rulemaking rather than through FMP amendment. The intent of

this action is to enable the Western Pacific Fishery Management Council

(Council) to respond quickly to rapid changes in the Western Pacific

precious corals fisheries.

DATES: Comments on this proposed rule must be received on or before

September 4, 1998.

ADDRESSES: Comments on this proposed rule or Amendment 3 should be sent

to, and copies of these documents are available from, Kitty Simonds,

Executive Director, Western Pacific Fishery Management Council, 1164

Bishop St., Suite 1400, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, Fishery Management

Specialist, Pacific Islands Area Office, NMFS at (808) 973-2985 or

Kitty Simonds at (808) 522-8220.

SUPPLEMENTARY INFORMATION: NMFS is proposing this rule based on a

recommendation of the Council under the authority of the Magnuson-

Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

It would establish framework procedures under FMP Amendment 3 to enable

the Council and NMFS to change elements of the management regime

governing the Western Pacific precious corals fisheries through

rulemaking rather than through FMP amendment. The procedures would

specify how certain new measures may be established in response to

changes that may occur rapidly in the fishery, as well as how

established measures (e.g., seasons, permit requirements, quotas,

closures, area limitations, gear and coral size restrictions) may be

revised without the Council having to develop and NMFS implement an FMP

amendment. With the concurrence of the Council, the Southwest Regional

Administrator, NMFS, would be able to initiate rulemaking, Each action

taken under the framework process would entail documentation of the

analysis of impacts of that action. Advance public notice, public

discussion, and consideration of public comment on each framework

action are required. Amendment 3 itself describes the framework

procedure in more detail than the regulatory text of this rule.

On January 14, 1998, a notice of availability of draft FMP

Amendment 3 was published in the Federal Register (63 FR 2195). The

draft included two actions: Establishment of framework procedures and

inclusion in the management unit of precious corals in the exclusive

economic zone waters around the Commonwealth of the Northern Mariana

Islands (CNMI) (which would have been managed as an exploratory permit

area). The notice also indicated that the Council staff would submit

the amendment for Secretarial review only if no substantive or critical

comments were received during a 45-day public review period. The

Council received substantive comments on the proposal to manage

precious corals in the waters off CNMI as an exploratory permit area.

However, no comments were received regarding the proposal to establish

the framework procedures.

Subsequently, Council staff revised the draft amendment by removing

the CNMI provision, and a new draft was prepared for Secretarial

review. At its 95th meeting held in April 1998, the Council concurred

with the revised draft amendment.

Framework procedures appear needed because of present interest in

the harvest of precious corals at the established coral bed at Makapuu

Point, Oahu, Hawaii, and around the main Hawaiian Islands. Pre-harvest

surveys conducted in 1997 at the Makapuu bed indicate this bed to be at

least 15 percent larger than it was 12 years ago. Recruitment of pink

coral at the Makapuu bed is undiminished compared to 1991; however,

recruitment of gold coral has been very low. Framework procedures under

proposed FMP Amendment 3 would, for example, enable the Council to

modify the harvestable size of the Makapuu precious coral bed or to

adjust the quota on gold coral, if needed, in a timely manner.

Classification

At this time, NMFS has not determined that Amendment 3, which this

rule would implement, is consistent with the national standards of the

Magnuson-Stevens Act and other applicable laws. NMFS, in making that

determination, will take into account the data, views, and comments

received during the comment period.

This proposed rule has been determined to be not significant for

the purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation 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 as follows:

The National Marine Fisheries Service considers an impact to be

significant if it results in a reduction in annual gross revenues by

more than 5 percent, an increase in annual compliance costs of greater

than 5 percent, compliance costs at least 10 percent higher for small

entities than for large entities, compliance costs that require

significant capital expenditures, or the likelihood that 2 percent of

the small entities would be forced out of business. NMFS considers a

``substantial number'' of small entities to be more than 20 percent of

those small entities affected by the regulation engaged in the fishery.

Since the proposed action is

[[Page 39065]]

administrative, and would only add a framework procedure to the FMP,

this rule would not result in any new compliance burdens or in any

significant economic impact on small entities. As a result, a

regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 660

Administrative practice and procedure, American Samoa, Fisheries,

Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands,

Reporting and recordkeeping requirements.

Dated: July 15, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 660 is

proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN

PACIFIC

1. The authority citation for part 660 continues to read as

follows:

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

2. A new Sec. 660.89 is added to Subpart F to read as follows:

Sec. 660.89 Framework procedures.

(a) Introduction. Established management measures may be revised

and new management measures may be established and/or revised through

rulemaking if new information demonstrates that there are biological,

social, or economic concerns in the precious coral permit area. The

following framework process authorizes the establishment and revision

of measures that may affect the operation of the fisheries, gear,

quotas, season, or changes in catch and/or effort.

(b) Annual report. By June 30 of each year, the Council-appointed

Precious Coral Team will prepare an annual report on the fisheries in

the management area. The report shall contain, among other things,

recommendations for Council action and an assessment of the urgency and

effects of such action(s).

(c) Procedure for established measures. (1) Established measures

are management measures that, at some time, have been included in

regulations implementing the FMP, and for which the impacts have been

evaluated in Council/NMFS documents in the context of current

conditions.

(2) According to the framework procedures of Amendment 3 to the

FMP, the Council may recommend to the Regional Administrator that

established measures be modified, removed, or re-instituted. Such

recommendation shall include supporting rationale and analysis, and

shall be made after advance public notice, public discussion, and

consideration of public comment. NMFS may implement the Council's

recommendation by rulemaking if approved by the Regional Administrator.

(d) Procedure for new measures. (1) New measures are management

measures that have not been included in regulations implementing the

FMP, or for which the impacts have not been evaluated in Council/NMFS

documents in the context of current conditions.

(2) Following the framework procedures of Amendment 3 to the FMP,

the Council will publicize, including by a Federal Register document,

and solicit public comment on, any proposed new management measure.

After a Council meeting at which the measure is discussed, the Council

will consider recommendations and prepare a Federal Register document

summarizing the Council's deliberations, rationale, and analysis for

the preferred action, and the time and place for any subsequent Council

meeting(s) to consider the new measure. At a subsequent public meeting,

the Council will consider public comments and other information

received before making a recommendation to the Regional Administrator

about any new measure. If approved by the Regional Administrator, NMFS

may implement the Council's recommendation by final rulemaking, in some

instances, or if circumstances warrant, by proposed and final

rulemaking.

[FR Doc. 98-19391 Filed 7-20-98; 8:45 am]

BILLING CODE 3510-22-F