31406 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules

conditions. Thus, drought conditions

are unlikely to be the sole causative

factor in long-term lesser prairiechicken population declines, unless the

severity and/or frequency of drought has

increased in recent years.

To address this question, the Service

reviewed available records of the

monthly Palmer Drought Severity Index

(PDSI, Palmer 1965) which takes into

account precipitation,

evapotranspiration, and soil-moisture

conditions (Alley 1985). Monthly PDSI

values from January 1895 through July

1997 were obtained for the climate

divisions within the lesser prairiechicken’s range. Review of the average

PDSI for the months March-August in

each year reveals that while major

droughts over the last century are

clearly observed in each climate

division (1930s, 1950s), there does not

appear to be an increase in the

frequency or severity of drought

conditions over the last 10–15 years.

Highs and lows during that time are

well within the range of variation

experienced over the last 100 years.

Female ring-necked pheasants

(Phasianus colchicus) have been

documented parasitizing nests of several

species, including greater prairiechicken (Vance and Westemeier 1979;

Kimmel 1987; Westemeier et al. 1989).

Consequences of nest parasitism vary,

and may include abandonment of the

host nest, reduction in number of host

eggs, lower hatching success, and

parasitic broods (Kimmel 1987).

Predation rate may increase with

incidence of parasitism (Vance and

Westemeier 1979). Further

consequences may include the

imprinting of the pheasant young from

the parasitized nest to the host species,

and later attempts by male pheasants to

court females of the host species (Schein

1963, Kimmel 1987). Male pheasants

have been observed disrupting the

breeding behavior of greater prairiechickens on leks (Sharp 1957, Follen

1966, Vance and Westemeier 1979). In

addition, pheasant displays toward

female prairie-chickens almost always

cause the female to leave the lek (Vance

and Westemeier 1979). Thus, an attempt

by a pheasant to display on a prairiechicken lek would completely disrupt

the normal courtship activities of

prairie-chickens.

To our knowledge, no published

reports of this disruption exist for lesser

prairie-chickens, although the Service

has received anecdotal reports from staff

of the ODWC, the TPWD, and the

Oklahoma Cooperative Fish and

Wildlife Research Unit. The Service

considers competition with and

parasitism by pheasants another factor

that may have affected lesser prairiechicken populations. This factor needs

further quantification to understand its

relative impact on lesser prairie-chicken

populations.

Section 4(b) of the Act states that the

Service may make warranted but

precluded findings only if it can

demonstrate that: (1) An immediate

proposed rule is precluded by other

pending proposals; and that (2)

expeditious progress is being made on

other listing actions. On September 21,

1983 (48 FR 43098), the Service

published in the Federal Register its

priority system for listing species under

the Act. The system considers

magnitude of threat, immediacy of

threat, and taxonomic distinctiveness in

assigning species numerical listing

priorities on a scale of 1 to 12. The

Service has determined that the overall

magnitude of threats to the lesser

prairie-chicken throughout its range is

moderate, and that the threats are

ongoing, thus they are considered

imminent. A listing priority of 8 has

consequently been assigned for the

lesser prairie-chicken. The Service is

making expeditious progress on other,

higher priority listing actions.

The Service’s 12 month finding

contains more detailed information

regarding the above decisions. A copy

may be obtained from the Oklahoma

Ecological Services Field Office (see

ADDRESSES section). If additional data

become available in the future, the

Service may reassess the listing priority

for this species or the need for listing.

References Cited

A complete list of references cited in

this notice is available upon request

from the Oklahoma Ecological Services

Field Office (see ADDRESSES section).

Author

The primary author of this document

is Noreen E. Walsh, Oklahoma

Ecological Services Field Office (see

ADDRESSES section).

Authority

The authority for this action is the

Endangered Species Act (16 U.S.C. 1532

et seq.)

Dated: June 1, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98–15333 Filed 6–8–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 980603145–8145–01; I.D.

052998C]

RIN 0648–AL33

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Crustacean Fisheries; Bank/AreaSpecific Harvest Guidelines

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule that would allocate the 1998 overall

harvest guideline of 286,000 lobsters

(spiny and slipper combined) in the

Northwestern Hawaiian Islands (NWHI)

among three individual fishing banks

and a fourth combined area.

Specifically, under this proposed rule,

no more than 70,000 lobsters may be

harvested from Necker Island; no more

than 20,000 lobsters may be harvested

from Gardner Pinnacles; no more than

80,000 lobsters may be harvested from

Maro Reef; and no more than 116,000

lobsters may be harvested from all the

other remaining NWHI banks combined

within Crustaceans Permit Area 1. 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 by June 24, 1998.

ADDRESSES: Written comments should

be sent to, and copies of the initial

regulatory flexibility analysis (IRFA)

and environmental assessment are

available from, Kitty Simonds,

Executive Director, Western Pacific

Fishery Management Council, 1164

Bishop St., Suite 1400, Honolulu, HI

96813.

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 96th

meeting, requested that the Southwest

Regional Administrator, NMFS

(Regional Administrator) initiate a
Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules 31407

rulemaking to establish bank/areaspecific harvest guidelines, as described

above, specifically for Necker Island,

Gardner Pinnacles, Maro Reef, and the

General NWHI Lobster Grounds. This

proposed rule would establish harvest

guidelines for four lobster grounds in

the NWHI crustacean fishery as follows:

No more than 70,000 lobsters may be

harvested from Necker Island; no more

than 20,000 lobsters may be harvested

from Gardner Pinnacles; no more than

80,000 lobsters may be harvested from

Maro Reef; and no more than 116,000

lobsters may be harvested from all the

other remaining NWHI banks combined.

These proposed allocations are based on

a total 1998 NWHI-wide harvest

guideline of 286,000 lobsters for the

1998 fishery as determined by the

Regional Administrator. The overall

harvest guideline of 286,000 lobsters

(spiny and slipper combined) was

published in the Federal Register on

June 3, 1998 (63 FR 30147).

Once a bank/area-specific harvest

guideline is reached or projected to be

reached, the Regional Administrator

would announce, at least 24 hours in

advance, closure of that bank or area via

electronic communication to each of the

vessels participating in the 1998 fishery.

The entire NWHI lobster fishery would

close when the fourth bank or area is

closed. All lobster harvested by vessels

not carrying a vessel monitoring system

(VMS) unit must be landed within a

specified period following closure of the

fishery as provided by current

regulations (50 CFR 660.50).

The Council recommended the four

bank/area-specific allocations following

review and discussion, including

impacts, of three alternatives: (1) Partial

bank-specific harvest guidelines (four

lobster grounds), the preferred

alternative; (2) full bank-specific harvest

guidelines (11 of the 14 lobster grounds

for which exploitable population

estimates are available); and (3) no

action (NWHI-wide fishing area). The

Council concluded that the preferred

alternative would best meet the

management objectives of the FMP

because it would promote broader

distribution of fishing effort among the

banks of the NWHI, which should

enhance resource conservation and help

prevent local bank depletion. This

action would provide more information

about the lobster resource in the NWHI

because fishing effort would be

distributed more widely than in the past

several years. This information,

combined with a NMFS scientific data

collection/observer program, should

result in more effective management of

the fishery. Most importantly, the

proposed allocations would respond to

the concern that unless lobster harvest

at Necker Island, Gardner Pinnacles,

and Maro Reef is limited, the lobster

populations in these areas may be at

risk.

The actions proposed in this rule

would only be in effect from July 1,

1998, through December 31, 1998.

Classification

This proposed rule has been

determined to be not significant for the

purposes of E.O. 12866.

The Council prepared an IRFA as part

of the regulatory review process, which

describes the impact this proposed rule

would have on small entities. The

proposed rule would apply to the 12

permit holders who own the 15 vessels

in this fishery; however, only 5 vessels

are expected to participate in the 1998

lobster fishery. All participants in the

fishery are small business entities. No

new reporting or recordkeeping

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 three alternative actions

are analyzed in the IRFA. While

participants would incur increased costs

in 1998 for compliance (e.g., additional

fuel and transportation costs), the

proposed action should result in longterm economic benefits to the fishery if

the resource increases with improved

fisheries management. A copy of the

IRFA is available for public review and

comment (see ADDRESSES).

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: June 3, 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:

1. The authority citation for part 660

continues to read as follows:

PART 660 - FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

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

2. Section 660.12 is amended by

adding a definition of ‘‘Lobster

grounds’’, in alphabetical order, to read

as follows:

§ 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 1998 lobster

fishery:

(1) Necker Island Lobster Grounds—

waters bounded by straight lines

connecting the following coordinates in

the order presented: 24°00′ N. lat.,

165°00′ W. long.; 24° 00′ N. lat., 164° 00′

W. long.; 23° 00′ N. lat., 164° 00′ W.

long.; and 23° 00′ N. lat., 165° 00′ W.

long.

(2) Gardner Pinnacles Lobster

Grounds— waters bounded by straight

lines connecting the following

coordinates in the order presented: 25°

20′ N. lat., 168° 20′ W. long.; 25° 20′ N.

lat., 167° 40′ W. long.; 24° 20′ N. lat.,

167° 40′ W. long.; and 24° 20′ N. lat.,

168° 20′ W. long.

(3) Maro Reef Lobster Grounds—

waters bounded by straight lines

connecting the following coordinates in

the order presented: 25° 40′ N. lat., 171°

00′ W. long.; 25° 40′ N. lat., 170° 20′ W.

long.; 25° 00′ N. lat., 170° 20′ W. long.;

and 25° 00′ N. lat., 171° 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:

§ 660.42 Prohibitions.

* * * * *

(a) * * *

(1) * * *

(vi) In a lobster grounds after closure

of that grounds as specified in

§ 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 § 660.50(b),

except if the vessel is operating a VMS

unit certified by NMFS.

* * * * *

4. Section 660.48 is amended by

suspending paragraph (a)(7) and by

adding a new paragraph (a)(10), to read

as follows:

§ 660.48 Gear restrictions.

(a) * * *

(10) A vessel whose owner has a

limited access permit issued under this

subpart and has an operating VMS unit

certified by NMFS may transit the

Crustaceans Permit Area 1, including

the Crustaceans Permit Area 1 VMS
31408 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules

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

§ 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

suspending paragraph (b)(4) and by

adding new paragraphs (b)(5) through

(b)(8) to read as follows:

§ 660.50 Harvest limitation program.

* * * * *

(b) * * *

(5) For the 1998 fishing season, the

following harvest guidelines apply to

the four lobster grounds in Crustaceans

Permit Area 1:

(i) No more than 70,000 lobsters may

be harvested from the Necker Island

Lobster Grounds;

(ii) No more than 20,000 lobsters may

be harvested from the Gardner Pinnacles

Lobster Grounds;

(iii) No more than 80,000 lobsters may

be harvested from the Maro Reef Lobster

Grounds; and

(iv) No more than 116,000 lobsters

may be harvested from the General

NWHI Lobster Grounds.

(6) The Regional Administrator,

Southwest Region, NMFS, 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

grounds will be reached.

(7) Notice of the date when the

harvest guideline for a lobster grounds

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 grounds is prohibited, and the

possession of lobster traps on board the

vessel in that lobster grounds is

prohibited unless allowed under

§ 660.48(a)(10).

(8) With respect to the notifications in

paragraphs (b)(3) and (b)(7) 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 using VMS units

certified by NMFS.

* * * * *

[FR Doc. 98–15299 Filed 6–8–98; 8:45 am]

BILLING CODE 3510–22–F