[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Proposed Rules]
[Page 3532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1546]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980113013-8013-01; I.D. 122397I]
RIN 0648-AK56


Fisheries Off West Coast States and 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; consideration of a 
control date.

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SUMMARY: This notice announces that persons who, after November 13, 
1997, enter the pelagic longline fishery in American Samoa will not 
necessarily be assured of eligibility for continuing participation in 
the fishery if, in the future, the Western Pacific Fishery Management 
Council (Council) prepares and NMFS approves a program limiting entry 
or effort. This notice also announces that vessels greater than 50 ft 
(15.2 m) in length that are registered for use with Federal general 
longline permits after November 13, 1997, would not be assured of being 
allowed to use longline gear to fish for pelagic management unit 
species within 100 nautical miles (nm) from the coast lines of American 
Samoa. This notice does not commit the Council to limit effort, nor 
does it prevent any other date from being selected for eligibility to 
participate in the fishery. The Council also may use other criteria to 
limit fishing effort associated with the proposed area closure around 
American Samoa.

DATES: Comments must be submitted by February 23, 1998.

ADDRESSES: Submit comments to the Western Pacific Fishery Management 
Council, 1164 Bishop Street, Suite 1400, Honolulu, HI 92813.

FOR FURTHER INFORMATION CONTACT: Ms. Kitty Simonds, Executive Director, 
Western Pacific Fishery Management Council, (909) 522-8220, or Mr. 
Alvin Katekaru, Fishery Management Specialist, Pacific Islands Area 
Office, NMFS (808) 973-2985.

SUPPLEMENTARY INFORMATION: The pelagic fishery in American Samoa is 
undergoing rapid change. Prior to 1995 it was largely a troll-based 
fishery. In late 1995 four vessels known locally as ``alia'' catamarans 
(about 30 ft (9.1 m) long powered by small gas outboard engines) began 
to fish for albacore using monofilament longline gear. During 1995, 
this artisanal-scale fishing operation landed 54,902 lb (24.903 metric 
tons (mt)) of albacore, a 97-percent increase in landings over the 
previous year. In 1996, 13 alias participated in the fishery and landed 
232,721 lb (105.56 mt) of albacore. The number of longline vessels 
registered for the fishery increased to 32 in 1997, including four 
vessels ranging in length from 65 to 109 ft (19.8 to 33.2 m). In 1996, 
a total of 99,990 hooks were set in the fishery. By the third quarter 
of 1997, a total of 175,081 hooks had been set in the fishery.
    In June 1997, fishermen in American Samoa formed a small boat 
working group to discuss possible management approaches to prevent 
destabilization and overcapitalization in the fishery. At the 94th 
meeting held in November 1997, after consulting with the group, Council 
members from American Samoa presented the Council with two 
recommendations: (1) Establish a ``control date'' (potential cut-off 
date) for permit eligibility if the Council decides to develop a 
limited entry program and (2) prepare a regulatory amendment under the 
framework process of the Fishery Management Plan for Pelagic Species 
Fisheries in the Western Pacific Region to establish a 100-nm area 
around American Samoa closed to longline fishing by vessels longer than 
50 ft (15.2 m) that were not already in the fishery. Vessels greater 
than 50 ft (15.2 m) in length registered with a general longline permit 
after the control date would not be allowed to continue to fish within 
the closed area. The Council approved the establishment of a control 
date (November 13, 1997) for a limited entry program and directed staff 
to prepare a regulatory amendment to establish a 100-nm area closed to 
longline fishing.
    This decision by the Council rescinds the earlier control date for 
this fishery of January 1, 1991, published in the Federal Register on 
March 28, 1991 (56 FR 1289).
    The Council believes that there is a risk of speculative entry into 
the fishery while the Council further evaluates the potential benefits 
and costs of limited entry alternatives and the proposed regulatory 
amendment for area closure, including enforcement concerns. The control 
date is designed to discourage speculative entry during this period of 
analysis. The control date does not commit the Council or NMFS to any 
particular management regime or criteria for entry into the American 
Samoa longline fishery. Fishermen are not guaranteed future 
participation in this fishery, regardless of their entry date or 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 commercial landings and sales, may be used to 
determine eligibility for participation in the fishery. At its 95th 
meeting in April 1998, the Council may also consider prohibiting other 
U.S. pelagic non-longline fishing vessels (purse-seiners, trollers, and 
pole-and-line bait boats) greater than 50 ft (15.2 m) from fishing 
within 100-nm of the land masses of American Samoa. The Council also 
may choose to take no further action to control entry or access to the 
fishery or to establish a closed longline fishing area.

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

    Dated: January 14, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-1546 Filed 1-22-98; 8:45 am]
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