Fisheries off West Coast States and in the Western Pacific; Western Pacific Crustaceans Fisheries; Bank-Specific Harvest Guidelines

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 990304061-9150-02; I.D. 051099A]

RIN 0648-AL63

Fisheries off West Coast States and in the Western Pacific;

Western Pacific Crustaceans Fisheries; Bank-Specific Harvest Guidelines

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 proposes a rule that would divide the Northwestern

Hawaiian Islands (NWHI) lobster fishery into four fishing grounds and

allow the Southwest Regional Administrator, NMFS (Regional

Administrator) to allocate the annual NWHI harvest guideline among

these grounds for the 1999 season and beyond. The four lobster fishing

grounds would be: Necker Island, Maro Reef, Gardner Pinnacles, and the

remaining NWHI lobster fishing grounds combined. Also, the proposed

rule would allow lobster vessels carrying a NMFS-certified vessel

monitoring system (VMS) unit to be within the boundary of a fishing

grounds immediately after it is closed, provided the vessels are making

steady progress to an open fishing grounds or back to port. This rule

is intended to protect the lobster resources at each fishing ground, to

provide better data on stocks, and to conserve the resource.

DATES: Written comments must be received on or before June 18, 1999.

ADDRESSES: Written comments should be sent to the Regional

Administrator, 2570 Dole Street, Honolulu, Hawaii 96822 (attn: Al

Katekaru). Copies of the regulatory impact review/initial regulatory

flexibility analysis (RIR/IRFA) (revised May 1999) and environmental

assessment are available

stocks, and to conserve the resource.

DATES: Written comments must be received on or before June 18, 1999.

ADDRESSES: Written comments should be sent to the Regional

Administrator, 2570 Dole Street, Honolulu, Hawaii 96822 (attn: Al

Katekaru). Copies of the regulatory impact review/initial regulatory

flexibility analysis (RIR/IRFA) (revised May 1999) and environmental

assessment are available

from Kitty Simonds, Executive Director, Western Pacific Fishery

Management Council (Council), 1164 Bishop St. Suite 1400, Honolulu, HI

96814. Comments regarding the collection-of-information requirements

contained in this rule should be sent to the Regional Administrator and

to the Office of Information and Regulatory Affairs, Office of

Management and Budget (OMB), Washington, D.C. 20503 (Attention: NOAA

Desk Officer).

FOR FURTHER INFORMATION CONTACT: Kitty Simonds at 808-522-8220 or Alvin

Katekaru, Fishery Management Specialist, Pacific Islands Area Office,

NMFS, at 808-973-2985.

SUPPLEMENTARY INFORMATION: Under the framework procedures of the

Fishery Management Plan for the Crustaceans Fisheries of the Western

Pacific Region (FMP) and its implementing regulations (50 CFR 660.53),

the Council, at its 98th meeting, requested that the Regional

Administrator initiate rulemaking to define the above four fishing

grounds for the purpose of allocating the annual NWHI lobster harvest

guideline among them.

The procedure for determining the annual NWHI lobster harvest

guideline, which was also employed during the 1998 lobster season,

follows the methodology described in FMP Amendments 7 and 9. NMFS

estimates the NWHI exploitable population of lobsters (spiny and

slipper lobsters combined) at the beginning of the lobster season,

which opens on July 1. The exploitable lobster population is the total

number of lobsters, regardless of lobster size or reproductive

condition, that are vulnerable to commercial fishing gear

son,

follows the methodology described in FMP Amendments 7 and 9. NMFS

estimates the NWHI exploitable population of lobsters (spiny and

slipper lobsters combined) at the beginning of the lobster season,

which opens on July 1. The exploitable lobster population is the total

number of lobsters, regardless of lobster size or reproductive

condition, that are vulnerable to commercial fishing gear. Commercial

logbook catch and effort data, provided by fishermen and augmented by

NMFS scientific/observer and dealer pack-out information, are used to

estimate the exploitable lobster population for the NWHI and the four

fishing grounds.

Under procedures established by this proposed rule, the Regional

Administrator would be authorized to allocate the annual NWHI lobster

harvest guideline between the four fishing grounds by applying the FMP-

specified constant harvest rate of 13 percent to the exploitable

lobster population estimates for each of the four fishing grounds. The

13-percent harvest rate is associated with a 10-percent risk of

overfishing. NMFS would announce the annual total lobster harvest

guideline, including the bank-specific harvest allocations, in the

Federal Register by February 28 of each year (50 CFR 660.50). During

the lobster season, NMFS would monitor the amount of lobsters harvested

on a daily basis and, when the bank-specific harvest guideline for a

lobster fishing ground is taken or projected to be taken, the Regional

Administrator would announce, at least 24 hours in advance, closure of

that fishing ground via electronic communication to each of the vessels

participating in the fishery. The entire NWHI lobster fishery would

close when all four fishing grounds are closed or on December 31 of

that year, whichever occurs first

line for a

lobster fishing ground is taken or projected to be taken, the Regional

Administrator would announce, at least 24 hours in advance, closure of

that fishing ground via electronic communication to each of the vessels

participating in the fishery. The entire NWHI lobster fishery would

close when all four fishing grounds are closed or on December 31 of

that year, whichever occurs first.

Under the proposed rule, the harvest of lobster and the possession

of lobster traps on board a permitted lobster vessel would be

prohibited within a lobster fishing ground when the harvest guideline

allocation is determined to have been taken, unless the vessel has on

board an operational NMFS-certified VMS unit and makes steady progress

to another fishing ground that is open, or returns to port. This

proposed provision, which was implemented on a trial basis during the

1998 lobster season, is intended to encourage lobster vessels to carry

a VMS unit to allow NMFS to monitor their location on a real-time

basis. Also, vessels with a VMS unit would not be subject to a

specified time by which their lobsters must be landed. Vessels not

carrying an operational VMS unit would be required to land their

lobsters within a specified time period, determined by the Regional

Administrator, following closure of the fishery, as provided by current

regulations (50 CFR 660.50).

At its meeting on December 3, 1998, the Council considered a number

of alternatives for permanently allocating the NWHI harvest guideline

between fishing grounds (or banks)

operational VMS unit would be required to land their

lobsters within a specified time period, determined by the Regional

Administrator, following closure of the fishery, as provided by current

regulations (50 CFR 660.50).

At its meeting on December 3, 1998, the Council considered a number

of alternatives for permanently allocating the NWHI harvest guideline

between fishing grounds (or banks). These were: (1) No action (return

to a pre-1998, NWHI-wide harvest guideline program); (2) Necker Island,

Maro Reef, Gardner Pinnacles, and all other grounds combined

(Preferred, Partial and Bank-Specific Alternative), with the option of

further defining subareas as new information becomes available; (3)

Necker-Maro-Gardner-other grounds, which is similar to alternative 2,

but with no option for defining new areas; (4) General area where

several banks are combined into broad areas, i.e., combining Nihoa-

Necker-French Frigate Shoals-Gardner Pinnacles into one area, and NMFS

would allocate a portion of the NWHI harvest guideline to each area;

and (5) Full bank, with each of the 16 lobster banks assigned a harvest

guideline to the extent data are available to estimate the exploitable

lobster population for a bank. The Council concluded that the preferred

alternative (Necker-Gardner-Maro-General Area lobster grounds with the

option of establishing additional fishing grounds) would best meet the

management objectives of the FMP and would enhance lobster resource

conservation because it would help prevent local depletion at the

Necker Island, Gardner Pinnacles, and Maro Reef fishing grounds and

promote a broader distribution of fishing effort in other areas of the

NWHI (General Area fishing grounds). Also, this action would provide

more information about the lobster resource in the NWHI, because

lobster fishing effort would be more widely distributed than it was in

the past several years and would allow for the specification of

additional fishing grounds as new information becomes available

the permitted vessels are

expected to participate in each annual fishery. All participants in the

fishery are small entities. No new reporting or record keeping

requirements would be imposed by this proposed rule. No Federal rules

are known to duplicate, overlap, or conflict with this rule. The

reasons for, objectives of, and legal basis for this rule are described

elsewhere in this preamble. The five alternative actions the Council

considered regarding permanent allocation of the NWHI harvest guideline

are discussed previously in the preamble to this rule, and in the RIR/

IRFA. The IRFA compares annual revenues and costs per

vessel under the following four scenarios: (1) No allocations among

fishing grounds; (2) 1998 allocation of the NWHI-wide harvest guideline

among four fishing grounds, i.e., Necker Island, Maro Reef, Gardner

Pinnacles, and Other Grounds; (3) 50-percent increase in the 1998

harvest allocation for each of the fishing grounds that have

historically produced the majority of the lobster landings from the

NWHI (i.e., Necker Island, Maro Reef, and Gardner Pinnacles); and (4)

50-percent decrease in the 1998 harvest allocation for the Necker

Island, Maro Reef, and Gardner Pinnacles fishing grounds. The impact of

each of the four scenarios in terms of gross revenue, operating costs,

return on operations, fixed costs, net revenue, and return on

investment is presented in Table 2 to the IRFA.

Based on the experience of the 1998 fishery, which was managed

under a nearly identical 1-year rule on a trial basis, participants are

expected to fish at the Necker Island, Maro Reef, and Gardner Pinnacles

fishing grounds until each closes. Some fishing on the Other Grounds in

the NWHI will take place. However, average catch per unit effort rates

are expected to be lower than those on the other three fishing grounds,

and the entire NWHI harvest guideline may not be taken (22 percent of

the total harvest guideline was not taken in 1998)

fish at the Necker Island, Maro Reef, and Gardner Pinnacles

fishing grounds until each closes. Some fishing on the Other Grounds in

the NWHI will take place. However, average catch per unit effort rates

are expected to be lower than those on the other three fishing grounds,

and the entire NWHI harvest guideline may not be taken (22 percent of

the total harvest guideline was not taken in 1998). This will lead to

lower average gross revenues, as well as to slightly higher travel

costs compared to the same harvest guidelines unallocated among banks.

However, the proposed action should result in long-term economic

benefits to the fishery as the resource increases with improved

fisheries management. A copy of the RIR/IRFA is available for public

review and comment (see ADDRESSES).

Notwithstanding any other provision of law, no person is required

to respond to nor shall a person be subject to a 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. This rule contains a collection-of-

information requirement subject to the Paperwork Reduction Act (PRA)

that has been approved by OMB under OMB Control Number 0648-0307. This

rule's collection-of-information burden is only for those persons who

wish to voluntarily use a VMS unit in the fishery. The collection is to

query through the VMS system a vessel to learn of its location before

and after the start of the season or closure of a fishing ground, which

is automatic with no action required by the vessel operator, except to

verify the VMS unit is operating. The burden associated with this

collection is estimated to require a response time of .033 seconds.

Permit holders whose vessels are not equipped with VMS would have the

option of installing new VMS in order to participate under this

regulatory option for the opening and closing of the lobster season and

transitting between fishing grounds

perator, except to

verify the VMS unit is operating. The burden associated with this

collection is estimated to require a response time of .033 seconds.

Permit holders whose vessels are not equipped with VMS would have the

option of installing new VMS in order to participate under this

regulatory option for the opening and closing of the lobster season and

transitting between fishing grounds. Send comments regarding the

collection-of-information burden or any other aspect of the information

collection to NMFS and OMB (see ADDRESSES).

A formal section 7 consultation under the Endangered Species Act

was concluded for Amendment 9, which established the harvest guideline

system. On February 20, 1999, NMFS initiated an informal section 7

consultation to determine whether the effect on Hawaiian monk seals

from the fishery managed under the proposed action is likely to be

adverse. During the consultation NMFS will consider the Marine Mammal

Commission's recommendation to prohibit lobster fishing at French

Frigate Shoals, Kure Atoll, Pearl and Hermes Reef, and Lisianski Island

because of their proximity to major Hawaiian monk seal breeding

colonies. This consultation is expected to be concluded soon.

List of Subjects in 50 CFR Part 660

Administrative practice and procedure, American Samoa, Fisheries,

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

Islands, Reporting and record keeping requirements.

Dated: May 28, 1999.

Andrew A. Rosenberg,

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. Section 660.12 is amended by adding the definition of ``Lobster

grounds'', in alphabetical order, to read as follows:

Sec. 660.12 Definitions.

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. Section 660.12 is amended by adding the definition of ``Lobster

grounds'', in alphabetical order, to read as follows:

Sec. 660.12 Definitions.

* * * * *

Lobster grounds refers, singularly or collectively, to the

following four areas in Crustaceans Permit Area 1 that shall be used to

manage the lobster fishery:

(1) Necker Island Lobster Grounds--waters bounded by straight lines

connecting the following coordinates in the order presented: 24 deg.00'

N. lat., 165 deg.00' W. long.; 24 deg.00' N. lat., 164 deg.00' W.

long.; 23 deg.00' N. lat., 164 deg.00' W. long.; and 23 deg.00' N.

lat., 165 deg.00' W. long.

(2) Gardner Pinnacles Lobster Grounds--waters bounded by straight

lines connecting the following coordinates in the order presented:

25 deg.20' N. lat., 168 deg.20' W. long.; 25 deg.20' N. lat.,

167 deg.40' W. long.; 24 deg.20' N. lat., 167 deg.40' W. long.; and

24 deg.20' N. lat., 168 deg.20' W. long.

(3) Maro Reef Lobster Grounds--waters bounded by straight lines

connecting the following coordinates in the order presented: 25 deg.40'

N. lat., 171 deg.00' W. long.; 25 deg.40' N. lat., 170 deg.20' W.

long.; 25 deg.00' N. lat., 170 deg.20' W. long.; and 25 deg.00' N.

lat., 171 deg.00' W. long.

(4) General NWHI Lobster Grounds--all waters within Crustaceans

Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro

Reef Lobster Grounds.

* * * * *

3. Section 660.42 is amended by adding new paragraphs (a)(1)(vi)

and (a)(13) to read as follows:

Sec. 660.42 Prohibitions.

* * * * *

ng.; 25 deg.00' N. lat., 170 deg.20' W. long.; and 25 deg.00' N.

lat., 171 deg.00' W. long.

(4) General NWHI Lobster Grounds--all waters within Crustaceans

Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro

Reef Lobster Grounds.

* * * * *

3. Section 660.42 is amended by adding new paragraphs (a)(1)(vi)

and (a)(13) to read as follows:

Sec. 660.42 Prohibitions.

* * * * *

(a) * * *

(1) * * *

(vi) In a lobster grounds after closure of that grounds as

specified in Sec. 660.50(b).

* * * * *

(13) Possess, on a fishing vessel that has a limited access permit

issued under this subpart, any lobster trap in a lobster grounds that

is closed under Sec. 660.50(b), unless the vessel has an operational

VMS unit, certified by NMFS, on board.

* * * * *

4. Section 660.48 is amended by revising paragraph (a)(7) to read

as follows:

Sec. 660.48 Gear restrictions.

(a) * * *

(7) A vessel, whose owner has a limited access permit issued under

this subpart and has on board an operational VMS unit certified by

NMFS, may transit Crustaceans Permit Area 1, including Crustaceans

Permit Area 1 VMS Subarea, with lobster traps on board for the purpose

of moving to another lobster grounds or returning to port following the

closure date, as specified in Sec. 660.50, providing the vessel does

not stop or fish and is making steady progress to another lobster

grounds or back to port as determined by NMFS.

* * * * *

5. Section 660.50 is amended by revising paragraph (a) introductory

text,

paragraphs (b)(1), (b)(3) and (b)(4), and adding new paragraph (b)(5)

to read as follows:

Sec. 660.50 Harvest limitation program.

(a) General. Harvest guidelines for the Necker Island Lobster

Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds,

and General NWHI Lobster Grounds for Permit Area 1 will be set annually

for the calendar year and shall:

* * * * *

ductory

text,

paragraphs (b)(1), (b)(3) and (b)(4), and adding new paragraph (b)(5)

to read as follows:

Sec. 660.50 Harvest limitation program.

(a) General. Harvest guidelines for the Necker Island Lobster

Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds,

and General NWHI Lobster Grounds for Permit Area 1 will be set annually

for the calendar year and shall:

* * * * *

(b) Harvest guideline. (1) The Regional Administrator shall use

information from daily lobster catch reports and lobster sales reports

from previous years, and may use information from research sampling and

other sources to establish the annual harvest guideline in accordance

with the FMP after consultation with the Council.

* * * * *

(3) The Regional Administrator shall determine, on the basis of the

information reported to NMFS by the operator of each vessel fishing,

when the harvest guideline for each lobster ground will be reached.

(4) Notice of the date when the harvest guideline for a lobster

ground is expected to be reached and specification of the closure date

of the lobster grounds will be provided to each permit holder and/or

operator of each permitted vessel at least 24 hours in advance of the

closure. After a closure, the harvest of lobster in that lobster ground

is prohibited, and the possession of lobster traps on board the vessel

in that lobster ground is prohibited unless allowed under

Sec. 660.48(a)(7).

(5) With respect to the notification in paragraph (b)(4) of this

section, NMFS shall provide each permit holder and operator of each

permitted vessel with the following information, as appropriate:

e, the harvest of lobster in that lobster ground

is prohibited, and the possession of lobster traps on board the vessel

in that lobster ground is prohibited unless allowed under

Sec. 660.48(a)(7).

(5) With respect to the notification in paragraph (b)(4) of this

section, NMFS shall provide each permit holder and operator of each

permitted vessel with the following information, as appropriate:

(i) Determination of when the over-all harvest guideline for

Crustaceans Permit Area 1 will be reached;

(ii) Closure date after which harvest of lobster or possession of

lobster traps on board the vessel in a lobster grounds is prohibited;

(iii) Closure date after which the possession of lobster traps on

board the vessel in Crustaceans Permit Area 1 is prohibited by any

permitted vessel that is not operating a VMS unit certified by NMFS;

and

(iv) Specification of when further landings of lobster will be

prohibited by permitted vessels not carrying an operational VMS unit,

certified by NMFS, on board.

* * * * *

[FR Doc. 99-14061 Filed 6-2-99; 8:45 am]

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