Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 40377

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

2. In § 648.2, the definitions for

‘‘Bonito’’ and ‘‘Little tunny’’ are added,

in alphabetical order, to read as follows:

§ 648.2 Definitions.

* * * * *

Bonito means Sarda sarda.

* * * * *

Little tunny means Euthynnus

alleteratus.

* * * * *

3. In § 648.14, paragraphs (a)(36) and

(a)(43) are revised to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(36) Fish with, use, or have available

for immediate use within the area

described in § 648.80(b)(1), nets of mesh

size smaller than the minimum size

specified in § 648.80(b)(2), except as

provided in § 648.80(b)(3), (b)(9), (d),

(e), and (i), or unless the vessel has not

been issued a multispecies permit and

fishes for multispecies exclusively in

state waters, or unless otherwise

specified in § 648.17.

* * * * *

(43) Violate any of the provisions of

§ 648.80(a)(4), the Cultivator Shoals

whiting fishery exemption area; (a)(5),

the Stellwagen Bank/Jeffreys Ledge (SB/

JL) juvenile protection area; (a)(8), Small

Mesh Area 1/Small Mesh Area 2; (a)(9),

the Nantucket Shoals dogfish fishery

exemption area; (a)(11), the Nantucket

Shoals mussel and sea urchin dredge

exemption area; (a) (12), the GOM/GB

monkfish gillnet exemption area; (a)(13),

the GOM/GB dogfish gillnet exemption

area; (b)(3), exemptions (small mesh);

(b)(5), the SNE monkfish and skate trawl

exemption area; (b)(6), the SNE

monkfish and skate gillnet exemption

area; (b)(7), the SNE dogfish gillnet

exemption area; (b)(8), the SNE mussel

and sea urchin dredge exemption area;

or (b)(9), the SNE little tunny gillnet

exemption area. A violation of any of

these paragraphs is a separate violation.

* * * * *

4. In § 648.80, paragraph (b)(2)(iii) is

revised, and paragraph (b)(9) is added to

read as follows:

§ 648.80 Regulated mesh areas and

restrictions on gear and methods of fishing.

* * * * *

(b) * * *

(2) * * *

(iii) Other restrictions and

exemptions. Vessels are prohibited from

fishing in the SNE Regulated Mesh Area

except if fishing with exempted gear (as

defined under this part) or under the

exemptions specified in paragraphs

(b)(3), (b)(5) through (9), (c), (e), (h), and

(i) of this section, if fishing under a NE

multispecies DAS, if fishing under the

small vessel exemption specified in

§ 648.82(b)(3), if fishing under a scallop

state waters exemption specified in

§ 648.54, or if fishing pursuant to a NE

multispecies open access Charter/Party

or Handgear permit. Any gear on a

vessel, or used by a vessel, in this area

must be authorized under one of these

exemptions or must be stowed as

specified in § 648.81(e).

* * * * *

(9) SNE Little Tunny Gillnet

Exemption Area. A vessel may fish with

gillnet gear in the SNE Little Tunny

Gillnet Exemption Area when not

operating under a NE multispecies DAS

with mesh size smaller than the

minimum required in the SNE

Regulated Mesh Area, if the vessel

complies with the requirements

specified in paragraph (b)(9)(i) of this

section. The SNE Little Tunny Gillnet

Exemption Area is defined by a line

running from the Rhode Island

shoreline at 41°18.2’ N. lat. and 71°51.5’

W. long. (Watch Hill, RI) southwesterly

through Fishers Island, NY; to Race

Point, Fishers Island, NY; and from Race

Point, Fishers Island, NY, southeasterly

to 41°06.5’ N. lat. and 71°50.2’ W. long.;

east northeast through Block Island, RI,

to 41°15’ N. lat. and 71°07’ W. long.;

then due north to the intersection of the

RI-MA shoreline.

(i) Requirements. (A) A vessel fishing

under this exemption may fish only for,

possess on board, or land little tunny

and the allowable incidental species

and amounts specified in paragraph

(b)(3) and, if applicable, paragraph

(b)(9)(i)(B) of this section. Vessels

fishing under this exemption may not

possess regulated species.

(B) A vessel may possess bonito as an

allowable incidental species provided

an exempted fishing permit is obtained

from the Highly Migratory Species

Division (HMS), Office of Sustainable

Fisheries, NMFS, Gloucester,

Massachusetts. The HMS reserves the

authority to cap the number of

participants who retain bonito as

allowable incidental species should

conservation and/or protected resource

concerns develop.

(C) The vessel must have a letter of

authorization issued by the Regional

Administrator on board.

(D) All gillnets must have a minimum

mesh size of 5.5 inch (13.97 cm)

diamond mesh throughout the net.

(E) All nets with a mesh size smaller

than the minimum mesh size specified

in paragraph (b)(9)(i)(D) of this section

must be stowed in accordance with one

of the methods described under

§ 648.81(e) while fishing under this

exemption.

(F) Fishing is confined to September

1 through October 31.

(ii) The Regional Adminstrator shall

conduct periodic sea sampling to

evaluate the likelihood of gear

interactions with protected resources.

* * * * *

[FR Doc. 98–20258 Filed 7-24-98; 3:43 pm]

BILLING CODE 3510–22–F

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/AreaSpecific Harvest Guidelines

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

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
40378 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations

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 FullBank 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)
Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 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 FullBank 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:

§ 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),

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:

§ 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

§ 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:

§ 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
40380 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations

lobster grounds is prohibited, and the

possession of lobster traps on board the

vessel in the 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. 98–20196 Filed 7–23–98; 4:58 pm]

BILLING CODE 3510–22–F