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[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Pages 13380-13381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6051]

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DEPARTMENT OF COMMERCE
50 CFR Part 681

[Docket No. 950224060-5060-01; I.D. 021395A]
RIN 0648-AH85

Western Pacific Crustacean Fisheries; 1995 Quota

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

ACTION: 1995 final quota for crustaceans; request for comments.

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SUMMARY: NMFS announces a 1995 quota of zero lobsters for the 
Northwestern Hawaiian Islands (NWHI) crustacean fishery. This action is 
necessary to ensure protection and conservation of lobsters in this 
fishery. Also, fishermen who wish to participate in an Experimental 
Fishing Program in this fishery during 1995 are encouraged to contact 
the Director, Southwest Region, NMFS (Regional Director). The purpose 
of any experimental fishery would be to allow for a precisely 
controlled harvest designed to acquire data for assessing the status of 
the spiny and slipper lobster stocks.

DATES: Effective July 1, 1995. Comments are invited until April 12, 
1995.

ADDRESSES: Comments about this notice and requests for information 
about the Experimental Fishing Program should be sent to Hilda Diaz-
Soltero, Regional Director, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Svein Fougner, 310-980-4034; or Alvin 
Z. Katekaru, 808-973-2985.

SUPPLEMENTARY INFORMATION: The crustacean fisheries of the NWHI are 
managed by NMFS according to the Fishery Management Plan for the 
Crustacean Fisheries of the Western Pacific Region (FMP), which was 
prepared by the Western Pacific Fishery Management Council (Council) 
under the authority of the Magnuson Fishery Conservation and Management 
Act. Regulations affecting this fishery appear at 50 CFR part 681.
    Ordinarily, an annual quota for the NWHI crustacean fishery is 
announced in two steps. First, based on previous years' fishery data, 
sampling during research cruises, and other available data, the 
Regional Director determines an initial quota, which is announced in 
the Federal Register, usually in February each year. Next, a final 
quota is announced as soon as possible on or after August 15 of the 
fishing year. The final quota is based on actual commercial fisheries 
data collected during the first month of fishing, which begins July 1 
(when there is a quota).
    A substantial decrease in lobster landings and catch-per unit-of-
effort (CPUE) in 1990 raised concern that fishing effort was excessive. 
Low lobster CPUE continued into the early part of 1991, prompting an 
emergency closure of the fishery from May through November 1991.
    Amendment 7 to the FMP, which was approved by NMFS in February 
1992, created an annual 6-month closed season and an adjustable annual 
fleet [[Page 13381]] harvest quota determined by a formula. This quota 
is established as described above. The initial quota for 1992 was 
forecast at 750,000 lobsters; however, a research cruise to the NWHI in 
June 1992 indicated that recruitment had not improved. Based on the 
CPUE information from the first month of the commercial fishery and the 
data collected on the research cruise, the final quota was set at 
438,000 lobsters.
    In 1993, the FMP quota formula yielded an estimated quota of zero, 
and there was no commercial fishing in the NWHI.
    In 1994, the FMP quota formula yielded an initial quota of 200,000 
lobsters; however, data obtained during the first month of fishing 
yielded a revised quota of 20,900 lobsters. However, by the time the 
final quota was determined, it had been exceeded and the fishery was 
closed by emergency rule.
    A review panel established by the Council, consisting of the 
Crustacean Plan Team, Advisory Panel, and reviewers with stock 
assessment and quota management experience, suggested a new quota 
system tied to overfishing guidelines rather than maximum sustainable 
yield, which is used in the current formula. An analysis by the Council 
and NMFS to evaluate the new quota proposal, as well as modification to 
the existing quota setting procedures, is underway, but has not been 
completed.
    The review panel recommended that NMFS conduct additional 
statistical analyses to determine if use of new statistical procedures 
would produce more reliable results. After conducting these analyses, 
NMFS determined that a new statistical procedure should be used and 
applied it in deriving the initial quota for 1995.
    Despite the quota derived from the FMP formula, NMFS concludes that 
the initial and final quota should be zero, and the NWHI commercial 
lobster fishery should be closed in 1995. There are two reasons for 
this determination. First, managing the fishery to ensure that such a 
low quota is not exceeded would be difficult to accomplish. There are 
15 permits in force for the fishery. While it is unlikely that all 
permit holders would gear up for the fishery, five to seven vessels 
might participate in a ``derby'' fishery, with each trying to maximize 
its share of the quota. Data from the 1994 fishery show that the 
cumulative daily catch by the five vessels that participated averaged 
almost 4,000 lobsters. With seven vessels, the expected cumulative 
daily catch would be about 5,600 lobsters. Even with daily catch 
reports, given the requirement that 7-day notice be given to fishermen 
prior to prohibiting further landings, there would be potential for 
exceeding the quota.
    Second, the low 1995 quota is likely to result in a ``derby'' 
fishery, which would be economically inefficient and would encourage 
fishermen to take safety risks. Given the substantial cost to prepare a 
vessel for fishing, once outfitted, a vessel operator would be under 
pressure to maximize catch, regardless of weather and sea conditions, 
in order to recoup expenses and make a profit. However, since an 
initial quota of 38,513 lobsters would generate only about $250,000 in 
total ex-vessel revenues for the entire commercial fishery, the 
likelihood that all participants would benefit from fishing is small, 
and certainly does not outweigh the risk of a ``derby'' fishery.
    Nevertheless, in the interest of improving the scientific basis for 
future management, NMFS will consider allowing controlled fishing under 
an Experimental Fishing Permit program, which could be authorized under 
Sec. 681.26 of the regulations. Controlled fishing under an 
experimental fishing program could provide added information regarding 
rebuilding of the stocks, to the extent stock rebuilding has existed 
since late 1994, while ensuring that the harvest of 38,513 lobsters is 
not exceeded. In conjunction with the data from the planned 1995 
research cruise, any information obtained from fishing under an 
Experimental Fishing Program could be important for deriving the 
initial quota for 1996. However, data obtained from any experimental 
fishing would not be used to modify the 1995 quota. Also, NMFS 
encourages fishermen who wish to participate in an Experimental Fishing 
Program in this fishery during 1995 to contact the Regional Director.

Classification

    This action is authorized by 50 CFR part 681 and is exempt from 
review under E.O. 12866.

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

    Dated: March 7, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-6051 Filed 3-10-95; 8:45 am]
BILLING CODE 3510-22-F
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