Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Proposed Rules 61597 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[I.D. 101805D] 

Western Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce 

ACTION: Notice of public meetings and 

hearings. 

SUMMARY: The Western Pacific Fishery 

Management Council (Council) will 

hold its 129th meeting to consider and 

take actions on fishery management 

issues in the Western Pacific Region. 

DATES: The 129th Council meeting and 

public hearings will be held on 

November 8–11, 2005. For specific 

times, and the agenda, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: The 129th Council meeting 

and public hearings will be held at the 

Hilton Guam, 202 Hilton Road, Tumon 

Bay, Guam; telephone: 671–646–1835. 

FOR FURTHER INFORMATION CONTACT: 

Kitty M. Simonds, Executive Director; 

telephone: (808)522–8220. 

SUPPLEMENTARY INFORMATION: In 

addition to the agenda items listed here, 

the Council will hear recommendations 

from other Council advisory groups. 

Public comment periods will be 

provided throughout the agenda. The 

order in which agenda items are 

addressed may change. The Council will 

meet as late as necessary to complete 

scheduled business. 

Schedule and Agenda for Council 

Standing Committee Meetings 

Tuesday, November 8, 2005 

Standing Committee 

7–8 a.m. Ecosystem and Habitat 

Standing Committee 

8–9 a.m. Pelagics and International 

Standing Committee 

9–11 a.m. Executive and Budget 

Standing Committee 

11 a.m.–12 noon Precious Corals 

Standing Committee 

Schedule and Agenda for Public 

Hearings 

Wednesday, November 9, 2005 

1:30 p.m. Hawaii Black Coral 

Management 

Thursday, November 10, 2005 

11:30 a.m. Management of Hawaii 

Longline Swordfish Fishery 

11:45 a.m. Management to address 

overfishing of Western and Central 

Pacific Ocean Yellowfin 

Friday, November 11, 2005 

11:30 a.m. Western Pacific Fishery 

Ecosystem Plans 

11:45 a.m. Commonwealth of the 

Northern Mariana Islands (CNMI) 

Fishery Ecosystem Plan Pilot Project 

For more information on public 

hearing items, see Background 

Information. 

The agenda during the full Council 

meeting will include the items listed 

here. 

Schedule and Agenda for Council 

Meeting 

8 a.m.–2:15 p.m. Wednesday, November 

9, 2005 

1. Opening Ceremony 

2. Greetings from the Governor of Guam 

3. Presentations to Ecosystem Poster 

Contest Winners 

4. Introductions 

5. Approval of agenda 

6. Approval of 127th and 128th meeting 

minutes 

7. Island reports 

A. American Samoa 

B. Guam 

C. Hawaii 

D. Commonwealth of the Northern 

Mariana Islands (CNMI) 

8. Reports from fishery agencies and 

organizations 

A. NMFS 

1. Pacific Islands Regional Office 

a. Report on Observer Placement 

Protocol 

2. Pacific Islands Fisheries Science 

Center 

B. The Department of the Interior - 

The U.S. Fish and Wildlife Service 

(USFWS) 

C. NOAA General Counsel Southwest 

Region/Pacific Islands Region 

D. State Department 

9. Enforcement/vessel monitoring 

systems 

A. Report on United States Coast 

Guard activities 

B. NOAA Office of Law Enforcement 

(OLE) Activities 

C. Status of Violations 

D. Report from Guam Enforcement 

Agency 

10. Fishery Rights of Indigenous Peoples 

A. Guam voluntary data collection 

program 

B. Community Demonstration Projects 

Program 

1. Guam Longline Project 

2. CNMI Remote Fishing Stations 

C. Communities Program 

D. Scientific and Statistical 

Committee (SSC) Recommendations 

11. Bottomfish Fisheries 

A. Report on Guam Bottomfish 

Fishery 

B. Main Hawaiian Islands Bottomfish 

Overfishing Options 

C. Plan Team Comments 

D. SSC Recommendations 

12. Precious Coral Fisheries 

A. Black Coral Management and 

Research 

1. Hawaii Black Coral Management 

a. State of Hawaii Black Coral 

Research 

b. Black Coral Management Options 

(Final Action) 

B. Plan Team Recommendations 

C. SSC Recommendations 

D. Standing Committee 

Recommendations 

E. Public Hearing on Hawaii Black 

Coral Management 

13. Crustacean Fisheries 

A. Report on Guam’s Crustacean 

Fishery 

B. Northwestern Hawaiian Islands 

Spiny Lobster Model Report 

C. Plan Team Recommendations 

D. SSC Recommendations 

8:30 a.m.–5 p.m. Thursday, November 

10, 2005 

14. Pelagic/International Fisheries 

A. Report on Guam’s Pelagic Fisheries 

B. Pelagic Fishery Management Plan 

Actions 

1. Management of Hawaii Longline 

Swordfish Fishery (Initial Action) 

2. Overfishing of Western and Central 

Pacific Ocean Yellowfin (Initial Action) 

3. Management of Fish Aggregation 

Devices (FAD) 

4. Definition of short-longlines 

5. Main Hawaiian Islands Longline 

buffer zones 

6. American Samoa FAD closures 

C. International Fisheries 

Management 

1. Inter-American Tropical Tuna 

Convention 

2. Western and Central Pacific Fishery 

Commission 

3. Pacific Islands Regional Office 

International Division Activities 

4. Other International issues: Eastern 

Pacific Ocean Yellowfin and North 

Pacific Albacore Stock Condition 

D. American Samoa and Hawaii 

Longline Fisheries Quarterly Reports 

E. Plan Team Recommendations 

F. SSC Recommendations 

F. Standing Committee 

Recommendations 

G. Public Hearings 

Management of Hawaii Longline 

Swordfish Fishery (Initial Action) 

Overfishing of Western and Central 

Pacific Ocean Yellowfin (Initial Action) 

15. Protected Species 

A. International Fishers Forum III 

61598 Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Proposed Rules 

B. Malaysia Longline Bycatch 

Workshop 

C. Haggan (Turtle) Watch Program 

D. CNMI Turtle Watch Program 

E. Longline Mitigation Research 

F. SSC Recommendations 

16. Ecosystems and Habitat 

A. Western Pacific Fishery Ecosystem 

Plans (FEP)(FINAL ACTION) 

1. FEP Objectives 

2. FEP Boundaries 

3. FEP Management Unit Species 

4. FEP Regional Coordination 

B. CNMI FEP Pilot Project (Initial 

Action) 

1. Project Overview 

2. Ecosystem Indicators 

3. Commonwealth and Guam Inshore 

Community-based Initiatives 

4. Guam Offshore Banks Management 

Options 

C. Public Comment 

6:30–9 p.m. Thursday November 10, 

2005 

Fishers Forum at the Guam 

Fishermen’s Cooperative 

8:30 a.m.–3 p.m. Friday, November 11, 

2005 

Ecosystems and Habitat Continued 

D. Report on Guam’s Coral Reef 

Fisheries 

E. Guam Reef Ecosystem Annual 

Report 

F. Reconstruction of Coral Reef and 

Bottomfish Catches 

G. CNMI Sanctuary Program 

H. National Marine Sanctuary 

Program (NMSP) 

1. NMSP Report 

2. NOAA Review of Council 

Northwestern Hawaiian Islands Draft 

Fishing Regulations 

I. Report from Plan Teams 

J. SSC recommendations 

K. Standing Committee 

Recommendations 

L. Public Hearing on Western Pacific 

Ecosystem Plans and CNMI Pilot 

Project. 

17. Program Planning 

A. Update on Legislation 

B. Magnuson-Steven Fishery 

Conservation and Management Act 

(Magnuson Act) Reauthorization 

C. Education and Outreach Report 

18. Administrative Matters and Budget 

A. Financial Reports 

B. Administrative Report 

C. Meetings and Workshops 

D. Advisory Group Changes 

E. Standing Committee 

Recommendations 

19. Other Business 

A. National Plan of Action on Fishing 

Capacity 

B. Next Meeting 

Background Information 

1. Change in the Black Coral Harvest 

Minimum Size (Final action) 

The Council will take final action to 

implement a regulatory amendment to 

the Precious Corals FMP to revise the 

minimum harvest size for black corals 

(Antipathes sp.) due to the effects of 

Carijoa riisei and harvest pressure on 

black corals in the Main Hawaiian 

Islands. Based on comments received 

during Precious Coral Plan Team 

meetings, as well as subsequent SSC, 

Council, and public working group 

meetings, the Council developed an 

options document that includes: (1) 

Removing the exemption allowing 

harvest of black corals with a minimum 

base diameter of 3/4 inch (1.905–cm) or 

minimum height of 36 inches (0.9144 

m) by persons who reported harvest to 

the State of Hawaii within five years 

prior to April 17, 2002; (2) Establishing 

a 48–inch (1.2192–m) minimum height 

only requirement for harvest of black 

coral colonies; (3) Eliminating any 

minimum base diameter requirement; 

(4) Eliminating any minimum height 

requirement; (5) Removing the 

exemption and minimum base diameter 

requirement; (6) Removing the 

exemption and minimum height 

requirement; and (7) Instituting a 

moratorium on black coral harvest. At 

its 127th meeting, the Council took 

initial action to identify and support a 

range of alternatives, including the 

selection of a preliminary preferred 

alternative. The Council’s preliminary 

preferred alternative was to remove the 

exemption allowing harvest of black 

corals with a minimum base diameter of 

3/4 inch (1.905–cm) or minimum height 

of 36 inches(0.9144 m) by persons who 

reported harvest to the State of Hawaii 

within five years prior to April 17, 2002. 

Under this alternative, all black coral 

would be harvested at a minimum base 

size of 1–inch or minimum height of 48 

inches (1.2192–cm). At the 129th 

Council Meeting, the Council will select 

a preferred alternative to be analyzed in 

a regulatory amendment to be 

transmitted to NMFS. 

2. Management of Hawaii Longline 

Swordfish Fishery (Initial action) 

The swordfish segment of the Hawaii 

longline fishery was reopened in April 

2004, following an amendment to the 

Fishery Management Plan for the 

Pelagic Fisheries of the Western Pacific 

Region (Pelagics FMP) to introduce new 

technology for turtle conservation. The 

Pelagics FMP amendment required all 

longliners fishing for swordfish, 

employing shallow (< 30 m) sets, to use 

18/0 circle hooks with a 10° offset, and 

mackerel type bait. This hook and bait 

combination has been shown to 

markedly reduce catches of endangered 

loggerhead and leatherback turtles. As 

an added precaution, a ’hard’ cap on the 

allowable number of interactions with 

loggerhead and leatherback turtles was 

also included in the amendment. If the 

swordfish targeting fleet caught more 

than 16 leatherback and 17 loggerhead 

turtles in any calendar year, then the 

swordfish fishery would close for the 

remainder of the year. In addition, a cap 

was placed on the annual volume of 

fishing effort, of 2,120 sets, for the 

swordfish-targeting segment of the 

Hawaii-based longline fishery. The 

number of sets was divided equally 

among all fishermen expressing an 

interest in targeting swordfish, with 

each set being accorded a unique 

numbered certificate, which had to be 

reported when used. 

Finally, all vessels targeting swordfish 

were obliged to carry an observer to 

record any turtle interactions. Few 

swordfish sets were made in 2004, but 

in 2005 the fishery began operating in 

earnest. As of August 15, 2005, the 

swordfish fleet had a total of 7 

interactions with leatherback turtles and 

9 loggerhead interactions, with about 80 

percent of the number of longline sets 

used up. Given the success of these 

management measures in greatly 

reducing turtle interactions, particularly 

the hard cap on turtle interactions, there 

may be no need to maintain a cap on 

swordfish directed fishing effort. 

Moreover, the administration of the 

2,120 longline sets (50 percent of the 

historical level of swordfish effort) is a 

substantial burden on NMFS for little to 

no conservation gains for turtles, given 

the incentive to fishermen to minimize 

interactions afforded by the caps on 

loggerhead and leatherback turtles, and 

the success of the hook/bait 

combination in reducing turtle captures. 

Consequently, the Council is proposing 

to amend the Pelagics FMP to remove 

the cap on shallow set fishing effort 

while maintaining the turtle caps and 

other measures to conserve turtles. At 

the 129th Council meeting, the Council 

may decide to take initial action to 

modify the cap on swordfish-targeting 

longline sets. 

3. Overfishing of Western and Central 

Pacific Ocean Yellowfin (Initial action) 

Results of the most recent stock 

assessments for yellowfin tuna reviewed 

by the Inter-American Tropical Tuna 

Commission (IATTC), and the Western 

and Central Pacific Fishery Commission 

(WCPFC) indicate that this species is 

fished at unsustainably high levels in 

the Pacific Ocean. Although the stock is 

Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Proposed Rules 61599 

not yet overfished, is it is being 

subjected to overfishing, as defined 

under the Council’s control rule, as 

established by National Standard 1 in 

the Magnuson-Stevens Act. As required 

by the Magnuson Stevens Act (16 U.S.C. 

1854 (e)(3)) and the implementing 

regulations at 50 CFR 600.310(e)(3), the 

Councils must take action to address 

overfishing within one year of an 

identification by the Secretary of 

Commerce that overfishing is occurring. 

Although, no official communication 

has yet been received by the Council 

from the Secretary of Commerce 

concerning overfishing of Pacific 

yellowfin the Council may decide, 

nevertheless, to take initial action at this 

meeting to address this issue in a timely 

manner. 

At its 126th meeting, the Council took 

final action on an amendment to the 

Pelagics FMP to address similar 

overfishing of Pacific bigeye tuna. It was 

recognized in this amendment that 

unilateral action by the Council would 

be insufficient to end overfishing of 

bigeye tuna and the same is also true for 

yellowfin tuna. Accordingly, the 

Council amended the Pelagics FMP to 

include a protocol by which the Council 

would take action on international 

management of highly migratory species 

such as tunas managed by regional 

fishery management organizations 

(RFMOs) such as IATTC and WCPFC. 

This includes ensuring Council 

inclusion in US delegations to 

international fishery management 

meetings and the drafting of position 

papers on measures to reduce 

overfishing and rebuild stocks. This 

would include consideration of the 

reduction of purse seine effort around 

fish aggregating devices which are 

thought to be one of the key elements 

leading to overfishing of yellowfin tuna. 

The Council will review Pelagic Plan 

team and Scientific and Statistical 

Committee comments and 

recommendations and may take initial 

action on how to deal with the 

overfishing of yellowfin tuna in the 

Western and Central Pacific. 

4. Western Pacific Fishery Ecosystem 

Plans 

The Council will consider final action 

to implement the framework necessary 

to transform their existing species-based 

Fishery Management Plans (Pelagics, 

Bottomfish and Seamount Groundfish, 

Crustaceans, Precious Corals, and Coral 

Reef Ecosystems) into place-based 

Fishery Ecosystem Plans. Specifically 

the measures being considered by the 

Council at this time would establish 

Fishery Ecosystem Plans with 

appropriate boundaries, management 

unit species and advisory structures. 

The measures being considered would 

re-order the current fishery regulations 

by geographic area, but would not add 

any new regulations. This action will 

allow the Council to begin the 

integration and implementation of 

ecosystem approaches to management 

for each ecosystem under its jurisdiction 

and provide mechanisms for broader 

input to the Council decision making 

process. The Council will review the 

comments and recommendations of the 

Joint Plan Teams (Pelagics, Bottomfish 

and Seamount Groundfish, Crustaceans, 

Precious Corals, and Coral Reef 

Ecosystems) and the Scientific and 

Statistical Committee and may take final 

action on adopting this framework for 

implementation. 

5. CNMI Fishery Ecosystem Plan Pilot 

Project 

The Council will consider initial 

action to begin implementation of 

ecosystem-based strategies for the 

Mariana Archipelago Fishery Ecosystem 

Plan (FEP). The strategies being 

considered at this time were developed 

through a 10 month pilot project 

initiated by the Council and will 

address: (1) monitoring and forecasting 

of ecological change; (2) communitybased participation to foster 

collaboration among management 

partners; and 3) options for a specific 

management experiment at offshore 

banks in Guam’s Exclusive Economic 

Zone that is intended to generate 

learning and feedback for adaptive 

management. The Council will review 

the comments and recommendations of 

the Joint Plan Teams (Pelagics, 

Bottomfish and Seamount Groundfish, 

Crustaceans, Precious Corals, and Coral 

Reef Ecosystems) and the Scientific and 

Statistical Committee and may take 

initial action on adopting these 

strategies for implementation. 

This pilot project is linked to the 

Council’s initiative to transform the 

existing species-based Fishery 

Management Plans (Pelagics, Bottomfish 

and Seamount Groundfish, Crustaceans, 

Precious Corals, and Coral Reef 

Ecosystems) into place-based Fishery 

Ecosystem Plans. 

Although non-emergency issues not 

contained in this agenda may come 

before the Council for discussion, those 

issues may not be the subject of formal 

Council action during this meeting. 

Council action will be restricted to those 

issues specifically listed in this 

document and any issue arising after 

publication of this document that 

requires emergency action under section 

305(c) of the Magnuson-Stevens Act, 

provided the public has been notified of 

the Council’s intent to take final action 

to address the emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Kitty M. Simonds, 

(808)522–8220 (voice) or (808)522–8226 

(fax), at least 5 days prior to the meeting 

date. 

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

Dated: October 19, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–21300 Filed 10–24–05; 8:45 am] 

BILLING CODE 3510–22–S