[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Proposed Rules]
[Page 26771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 070427093-7093-01; I.D. 041807A]
RIN 0648-AV55


Fisheries in the Western Pacific; Western Pacific Pelagic 
Fisheries; Control Date

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

ACTION: Advance notice of proposed rulemaking; notification of control 
date; request for comments.

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SUMMARY: NMFS announces that anyone who enters the Hawaii-based pelagic 
charter fishery after March 16, 2007 (the ``control date''), is not 
guaranteed future participation in the fishery if the Western Pacific 
Fishery Management Council (Council) recommends, and NMFS approves, a 
program that limits entry into the fishery, or other fishery management 
measures. The Council is concerned about expansion of the Hawaii-based 
pelagic charter fishery and the potential resultant impacts on billfish 
and other pelagic fishes.

DATES: Comments must be submitted in writing by July 10, 2007.

ADDRESSES: You may submit comments on this action, identified by 0648-
AV55, by any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#1554432020567a7b61677a79567d7467617067557b7a74743b727a63"><span class="__cf_email__" data-cfemail="16574023235579786264797a557e7764627364567879777738717960">[email protected]</span></a>. Include ``AV55'' in 
the subject line of the e-mail comment. Comments sent via e-mail, 
including all attachments, must not exceed a 10 megabyte file size.
    <bullet> Federal e-Rulemaking portal: www.regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Mail: William L. Robinson, Regional Administrator, NMFS 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, 
Honolulu, HI 96814.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2234.

SUPPLEMENTARY INFORMATION: At its 137th meeting held from March 13-16, 
2007, the Council adopted a control date of March 16, 2007, applicable 
to persons who are contemplating entering the Hawaii-based charter 
fishery for pelagic fishes. The purpose of the control date is to 
notify fishermen that after March 16, 2007, they may not be guaranteed 
access to the fishery if the Council recommends, and NMFS approves, 
establishing a limited entry program or other measures to manage the 
fishery. The Council has not yet recommended limiting new entry or 
imposing any other management measures in this fishery.
    Establishment of a control date responds to the Council's concern 
over any significant expansion of the Hawaii-based pelagic charter 
fishery, and its potential to impact billfish and other pelagic fishes. 
This concern is focused on the Kona coast of the island of Hawaii, 
where there is a planned expansion of the Honokohau Harbor. A larger 
harbor could provide more berths for charter fishing vessels, with a 
resulting increase in fishing effort for pelagic fishes, such as blue 
marlin (Makaira mazara). State of Hawaii fishery data indicate that 
blue marlin catch per unit effort from Kona-based pelagic charter 
fishing has declined significantly over the past 20 years. Similar 
trends are also apparent for pelagic charter fishing data from the 
other Hawaiian islands.
    Pelagic charter fishing, conducted from small vessels that 
primarily target billfishes and tunas and are chartered for a fee, is a 
notable component of tourism in Hawaii. Total generated revenues were 
estimated at $17 million in 1990, and $16.5 million in 1992. The 
industry attracted an estimated 77,000 annual participants in 1994, and 
employed approximately 400 captains and crew members in 1997. Because 
at least a portion of the catch is typically sold, pelagic charter 
fishing in Hawaii is classified as a commercial fishery, requiring 
State of Hawaii commercial marine licenses and catch reporting. The 
State of Hawaii issued 121 commercial marine licenses to vessels for 
pelagic charter fishing in 2005, and the reported catch from pelagic 
charter vessels in 2005 was 478,650 lb (217,112 kg). In 2006, 119 
licensed fishermen submitted fishing reports that reported a total of 
9,535 charter trips, or an average of 80.1 trips per vessel.
    The March 16, 2007, control date adopted by the Council complements 
a control date of June 2, 2005, established for non-longline commercial 
pelagic fisheries in Hawaii (70 FR 47781, August 15, 2005) in response 
to concerns about overfishing of bigeye tuna Pacific-wide and yellowfin 
tuna in the central and western Pacific.
    Control dates are intended to discourage speculative entry into 
fisheries, as new participants entering the fisheries after the control 
date are put on notice that they are not guaranteed future 
participation in the fisheries. Establishment of this control date does 
not commit the Council or NMFS to any particular management regime or 
criteria for entry into the Hawaii-based pelagic charter fishery. 
Fishermen are not guaranteed future participation in the fishery, 
regardless of their level of participation before or after the control 
date. The Council may choose a different control date, or it may choose 
a management regime that does not involve a control date. Other 
criteria, such as documentation of landings or sales, may be used to 
determine eligibility for participation in a limited access fishery. 
The Council or NMFS also may choose to take no further action to 
control entry or access to the fishery, in which case the control date 
may be rescinded.

Classification

    This advance notice of proposed rulemaking has been determined to 
be not significant for the purposes of Executive Order 12866.

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

    Dated: May 7, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E7-9090 Filed 5-10-07; 8:45 am]
BILLING CODE 3510-22-S


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