[Federal Register Volume 63, Number 145 (Wednesday, July 29, 1998)]
[Rules and Regulations]
[Pages 40377-40380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980603145-8186-02; I.D. 052998C]
RIN 0648-AL33


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Crustacean Fisheries; Bank/Area-Specific Harvest 
Guidelines

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to implement a regulatory amendment 
under the framework procedures of the Fishery Management Plan for the 
Crustacean Fisheries of the Western Pacific Region. This rule allocates 
the overall 1998 Northwestern Hawaiian Islands (NWHI) harvest guideline 
of 286,000 lobsters (spiny and slipper combined) among three individual 
fishing banks and a fourth combined area. Specifically, 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 obtain 
better data on the lobster stocks, and to conserve the resource.

DATES: This final rule is effective from July 23, 1998 through December 
31, 1998.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis and the Final Regulatory 
Flexibility Analysis for this action are available from Alvin Katekaru, 
Fishery Management

[[Page 40378]]

Specialist, Pacific Islands Area Office, NMFS, 2570 Dole St., Honolulu, 
HI 96822.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru at (808) 973-2985 or 
Kitty Simonds, Executive Director, Western Pacific Fishery Management 
Council at (808) 522-8220.

SUPPLEMENTARY INFORMATION: On June 9, 1998, NMFS published a proposed 
rule in the Federal Register (63 FR 31406) proposing to reallocate the 
overall harvest guideline of 286,000 lobsters (spiny and slipper 
lobster combined) for the 1998 NWHI lobster fishery. The harvest 
guideline was published in the Federal Register on June 3, 1998, at 63 
FR 30147. Under this final rule, the 1998 harvest guideline is 
distributed among four lobster banks/areas whereby no more than 70,000 
lobsters may be harvested at Necker Island; no more than 20,000 
lobsters may be harvested at Gardner Pinnacles; no more than 80,000 
lobsters may be harvested at Maro Reef; and no more than 116,000 
lobsters may be harvested from all the other remaining NWHI banks 
combined. Once a harvest guideline for a specific bank/area (fishing 
grounds) is reached or projected to be reached, the Southwest Regional 
Administrator, NMFS, will announce, at least 24 hours in advance, 
closure of the fishing grounds via electronic communication to each of 
the vessels participating in the 1998 fishery. The entire lobster 
fishery will close when the entire harvest guideline of 286,000 
lobsters is attained.
    The Western Pacific Fishery Management Council (Council) 
recommended bank/area-specific harvest guidelines as its preferred 
alternative in the NWHI lobster fishery to help prevent local bank 
depletion at Necker Island, Gardner Pinnacles, and Maro Reef; to 
promote broader distribution of fishing effort among the remaining NWHI 
banks; to obtain better data on the lobster stocks; and to conserve the 
resource. This action applies only to the 1998 lobster season, which 
began July 1, 1998, and will end on December 31, 1998.
    The Council also considered two other alternatives which were 
rejected: no action (NWHI-wide fishing area), and full bank-specific 
harvest guidelines (covering 11 of the 14 lobster grounds for which 
exploitable population estimates are available). Comments on the 
proposed rule and on an initial regulatory flexibility analysis (IRFA) 
and an environmental assessment were solicited through June 24, 1998.

Comments and Responses

    No written comments were received from the public on the proposed 
rule during the comment period.

Changes From the Proposed Rule

    There is no change in the regulatory text between the final rule 
and proposed rule.

Classification

    The NMFS prepared a final regulatory flexibility analysis (FRFA) in 
compliance with the Regulatory Flexibility Act. The FRFA provides 
additional data/analysis supplementing the IRFA, which was summarized 
in the Federal Register on June 9, 1998 (63 FR 31406). No comments were 
received from the public on the IRFA; however, written comments were 
received from the Small Business Administration (SBA) on the IRFA. The 
FRFA expands the IRFA and responds to comments by SBA.
    The final rule applies to a maximum of 12 NWHI lobster fishery 
limited access permit holders who are small business entities. The ex-
vessel revenue of a permit holder, based on a prototypical NWHI lobster 
vessel, is approximately $208,000 based on current operating patterns. 
Lobster vessel captains are required to maintain and submit, after each 
trip, logsheets containing daily lobster catch and effort information 
associated with their fishing and, if needed, information on 
interactions with protected species. While at sea, they must also 
provide to NMFS daily reports of their catch and lobster fishing 
effort. A report indicating the ex-vessel revenues obtained from the 
catch sold must be submitted to NMFS. All lobster fishermen are subject 
to the same requirement; no special professional skills are needed to 
identify the species of lobster caught, to record catch and effort, or 
to submit written or oral reports, as required.
    The FRFA analyzes three alternatives for utilizing harvest 
guidelines in the 1998 fishery. It provides quantitative information 
for the analyses of the preferred alternative (bank-specific harvest 
guidelines for four lobster grounds) and two alternative actions (no 
action and full bank-specific guidelines). The FRFA is based on several 
assumptions, the validity of which will be tested under the final rule. 
For example, it is assumed that vessels will move only once to another 
fishing ground when a harvest guideline is reached, and then return to 
port; it is assumed that ``other remaining NWHI banks'', which have not 
been fished since the early 1990s, will have the same catch-per-unit-
effort as at the traditional fishing grounds (Necker Island, Gardner 
Pinnacles, Maro Reef); it is assumed that market prices for live 
lobsters and frozen tails are the same as during the previous season; 
and finally, it is assumed that vessels participating in the 1998 
fishery will operate in the same manner as vessels that fished in 1997. 
For purposes of the FRFA, a ``trip'' refers to the period of time from 
when a fishing vessel leaves port until it lands its catch. It is 
expected that most vessels in this fishery will make one trip during 
the lobster season.
    The expanded analysis in the FRFA shows the relative effect of the 
three alternatives in a static, prototypical income statement approach 
(data in the Appendices are shown on a typical single vessel basis). 
The following percentages reflect the difference between the Preferred 
Alternative or Full-Bank Alternative and the No Action Alternative. 
These percentages were calculated using revenue and cost data contained 
in Appendices A1, A2, and A3 to the FRFA and are summarized in Appendix 
B. The Preferred Alternative is expected to increase shared operating 
costs (i.e., all operating costs except crew share and captain's bonus) 
per trip by roughly 2 percent ($775) and total costs by about 0.3 
percent ($469). Net revenue per trip is projected to decrease by 
approximately 1.8 percent ($470), assuming an increase of two non-
fishing days per trip as the fishing vessels are forced to move between 
the banks/areas as a result of meeting the harvest guideline for any 
individual bank. No change is expected in annual gross revenue per 
vessel between the Preferred and No Action Alternatives.
    The harvest guideline under the Full-Bank Alternative (i.e., the 
sum of the specific harvest guidelines for each of 11 lobster grounds 
where exploitable population estimates are available), which was 
developed prior to the determination of the 1998 harvest guideline, 
would be about 6 percent lower than under the No Action Alternative. 
Therefore, under the Preferred Alternative, fleet-wide gross revenue 
from the lobster fishery would also be roughly 6 percent lower under 
the Full-Bank Alternative. This could result in an equivalent decrease 
in annual gross revenue per vessel under the Full-Bank Alternative. 
Under the Full-Bank Alternative, the lower harvest guideline could be 
met by vessels taking shorter or fewer trips, and as a result, those 
vessels would be able to go into another fishery (e.g., NWHI bottomfish 
or distant-water pelagic longline)

[[Page 40379]]

earlier, and thus make up a portion of the decreased gross revenue.
    The three alternatives are not expected to affect different sizes 
of vessels or companies in a differential manner. Compliance costs 
(shared operating costs) as a percent of total revenue under the 
Preferred Alternative are expected to increase about 0.4 percent ($775/
trip) compared to the No Action Alternative, and approximately 0.8 
percent ($1,124/trip) under the Full-Bank Alternative.
    The economic analysis in the FRFA is based on some reasonable 
assumptions, however, the actual impacts are impossible to calculate. 
Based on the expanded analysis of the FRFA, this action is not 
projected to have a significant economic impact on a substantial number 
of small entities. Of course, the entire program is tailored after 
considering the possible negative impacts and weighing those against 
the possible benefits. On balance, the potential benefits seem to 
outweigh the potential costs. Therefore, at this time, the agency has 
not taken any steps to minimize impacts. This final rule action is for 
1998 only and this agency will monitor its impacts. If necessary and 
appropriate, NMFS will consider whether minimizing steps are 
appropriate in future actions of this type for this fishery.
    Under 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NMFS, finds good cause to waive the 30-day delay in 
effectiveness for this rule. In order to ensure the health of the 
lobster stocks this fishing season, the rule must be in effect as soon 
as possible; the fishing season started July 1. The allocation of the 
harvest guidelines themselves does not require action by any fisherman; 
rather it determines when the Southwest Regional Administrator, NMFS, 
must close an allocated area. All participants have actual notice of 
this rule. Therefore, delaying this rule would be contrary to the 
public interest and unnecessary.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

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 23, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 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 a 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 1998 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.

* * * * *
    (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 is operating a VMS 
unit certified by NMFS.
* * * * *
    4. Section 660.48 is amended by suspending paragraph (a)(7) and 
adding a new paragraph (a)(10), to read as follows:


Sec. 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 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 suspending paragraph (b)(4) and 
adding new paragraphs (b)(5) through (b)(8) to read as follows:


Sec. 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

[[Page 40380]]

lobster grounds is prohibited, and the possession of lobster traps on 
board the vessel in the lobster grounds is prohibited unless allowed 
under Sec. 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. 98-20196 Filed 7-23-98; 4:58 pm]
BILLING CODE 3510-22-F