[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Proposed Rules]
[Pages 28540-28541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-AX76


Fisheries in the Western Pacific; Community Development Program 
Process

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

ACTION: Notice of availability of fishery ecosystem plan amendments; 
request for comments.

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SUMMARY: NMFS announces that the Western Pacific Fishery Management 
Council (Council) proposes to amend the fishery ecosystem plans (FEPs) 
for American Samoa, Hawaii, Marianas, and western Pacific Pelagics. If 
approved by the Secretary of Commerce (Secretary), the amendments would 
establish requirements and procedures for reviewing and approving 
community development plans for access to western Pacific fisheries. 
The intent of the amendments is to promote the participation of island 
communities in fisheries that they have traditionally depended upon, 
but may not have the capabilities to support continued and substantial 
participation in, possibly due to economic, regulatory, or other 
constraints.

DATES: Comments on the amendments must be received by July 20, 2010.

ADDRESSES: Comments on the amendments, identified by 0648-AX76, may be 
sent to either of the following addresses:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
    <bullet> Mail: Mail written comments to William L. Robinson, 
Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 
Kapiolani Blvd, Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments must be submitted to one of these two 
addresses to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent to any other address or individual, 
or received after the end of the comment period, may not be considered. 
Comments will be posted for public viewing after thecomment period has 
closed. All comments received are a part of the public record and will 
generally be posted to www.regulations.gov without change. All personal 
identifying information (e.g., name, address, etc.) submitted 
voluntarily by the commenter may be publicly accessible. Do not submit 
confidential business information, or otherwise sensitive or protected 
information. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word or Excel, 
WordPerfect, or Adobe PDF file formats only.
    Copies of the amendments (which are identical for all four FEPs) 
containing background information on the issue are available from 
www.regulations.gov and from the Council, 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or web site 
www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable 
Fisheries, 808-944-2108.

SUPPLEMENTARY INFORMATION: This document is also available at 
www.gpoaccess.gov/fr.
    Section 305(i)(2) of the Magnuson-Stevens Act authorizes the 
Council and the Secretary, through NMFS, to establish a community 
development program for western Pacific fisheries. The intent of the 
program is to provide western Pacific communities access to fisheries 
that they have traditionally depended upon, but may not have the 
capabilities to support continued and substantial participation in, 
possibly due to economic, regulatory, or other constraints.
    In 2002, NMFS announced the eligibility criteria for participating 
in the program (67 FR 18512; April 16, 2002). To participate in the 
program, communities are required to develop and submit a development 
plan, but there is currently no mechanism to solicit, review, and 
approve these plans. To address this issue, the Council developed and 
submitted to NMFS for review, amendments to the FEPs for American 
Samoa, Hawaii, the Mariana Archipelago, and western Pacific Pelagics to 
establish such a mechanism. The amendments are identical for each FEP.
    To be eligible for the community development program, a community 
must:
    1. Be located in American Samoa, Guam, Hawaii, or the Northern 
Mariana Islands (collectively, the western Pacific);
    2. Consist of community residents descended from aboriginal people 
indigenous to the western Pacific area who conducted commercial or 
subsistence fishing using traditional

[[Page 28541]]

fishing practices in the waters of the western Pacific;
    3. Consist of individuals who reside in their ancestral homeland;
    4. Have knowledge of customary practices relevant to fisheries of 
the western Pacific;
    5. Have a traditional dependence on fisheries of the western 
Pacific;
    6. Are experiencing economic or other constraints that prevent full 
participation in the western Pacific fisheries and, in recent years, 
have not had harvesting, processing or marketing capability sufficient 
to support substantial participation in fisheries in the area; and
    7. Develop and submit a community development plan to the Council 
and NMFS.
    Each community development plan must contain the following 
information:
    1. A statement of the purpose and goals of the plan;
    2. A description of, and justification for, the proposed fishing 
activity;
    3. The location of the proposed fishing activity;
    4. The species to be harvested, directly and incidentally;
    5. The gear type(s) to be used;
    6. The frequency and duration of the proposed fishing activity; and
    7. A statement describing the degree of involvement by the 
indigenous community members including the name, address, telephone and 
other contact information of each person who would conduct the proposed 
fishing activity, and a description of how the community and or its 
members meet each of the eligibility criteria.
    If a vessel is to be used by the community to conduct fishing 
activities, the plan must include the vessel name and official number 
(USCG documentation, state, territory, or other registration number), 
length, displacement, fish holding capacity, any valid federal fishing 
permit number, and the name and contact information of the owner(s) and 
operator(s).
    The amendments would require the Council to review each plan to 
ensure that it meets the intent of Section 305(i)(2) of the Magnuson-
Stevens Act and contains all of the required information. If the 
Council finds these requirements are met, the Council would then 
forward the plan to the NMFS Regional Administrator for review.
    The Regional Administrator would review each plan to ensure it is 
consistent with the FEPs, Magnuson-Stevens Act, and other applicable 
laws. NMFS would then publish a notice in the Federal Register to 
solicit public comment on the plan and associated environmental review 
documents. Within 90 days after the close of the public comment period, 
the Regional Administrator would notify the applicant in writing of the 
decision to approve or disapprove the community development plan. If 
the plan is approved, the Regional Administrator would publish a notice 
in the Federal Register describing the plan's authorized activities. 
The Regional Administrator may attach limiting terms and conditions to 
the authorization for proper management and monitoring of the fishing 
activity, including, but not limited to, catch and trip limits, times 
and places where fishing may or may not be conducted, vessel monitoring 
system, observers, and/or reporting requirements.
    Public comments on the proposed amendments must be received by July 
20, 2010 to be considered by NMFS in the decision to approve, partially 
approve, or disapprove the amendments. A proposed rule to implement the 
measures recommended in the amendment has been prepared for Secretarial 
review and approval. NMFS expect to publish and request public comment 
on the proposed rule in the near future.

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

    Dated: May 17, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-12283 Filed 5-20-10; 8:45 am]
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