49638 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 

there has not been a large-scale directed 

fishery for this species in North 

Carolina. This prevents the meaningful 

quantification of current revenues that 

might be foregone as a result of the 

proposed action, as well as the 

identification and description of fishing 

entities that might desire to re-enter the 

fishery should the fishery reemerge in 

North Carolina in the future. 

It should be emphasized that the 

proposed action would not directly 

affect any current fishing revenues or 

fishing practices because the medium 

mesh spiny dogfish gillnet fishery in 

North Carolina has not operated since 

the May 26, 2006, implementation of the 

BDTRP, nor in any substantive manner 

since 2000. Instead, the proposed 

continuation of the nighttime fishing 

prohibition would have an effect only if 

a directed spiny dogfish fishery 

reemerges in North Carolina because of 

changes in FMP actions. In that case, the 

proposed action would reduce potential 

medium mesh gillnet fishing 

opportunities by limiting soak times, 

and would limit the redevelopment and 

prosecution of a fishery that, prior to the 

FMPs and BDTRP, contributed a 

relatively minor share of fishing 

revenues to the fishery participants. 

NMFS considered two alternatives for 

the proposed action. The first 

alternative, the status quo, would 

continue current restrictions until May 

26, 2009, when the medium mesh 

gillnet prohibitions in North Carolina 

would expire. This alternative would 

allow increased soak times associated 

with the directed spiny dogfish fishery 

and associated revenues, if FMP actions 

allow for the reemergence of a directed 

fishery in North Carolina. However, this 

alternative would not prevent future 

incidental mortality and serious injury 

to dolphins from extended soak time of 

medium mesh commercial gillnet gear, 

and, therefore, would not meet the 

objectives of the BDTRP. The second 

alternative, the proposed action, would 

continue, without modification, current 

nighttime medium mesh gillnet 

restrictions in North Carolina state 

waters during the winter for an 

additional three years (until May 26, 

2012). This alternative is a consensus 

recommendation of the BDTRT and 

would achieve the BDTRP’s objectives, 

as mandated by the MMPA, by 

continuing to reduce serious injuries 

and mortalities of dolphins incidental to 

commercial gillnet fishing. 

References 

ASFMC. 2002. Interstate Fishery 

Management Plan for Spiny Dogfish. 

Fishery Management Report No. 40 of 

the Atlantic States Marine Fisheries 

Commission. Prepared by the Spiny 

Dogfish Plan Development Team. 

ASFMC. 2007a. Review of the 

Atlantic States Marine Fisheries 

Commission’s Interstate Fishery 

Management Plan for Spiny Dogfish 

(Squalus acanthias) May 2006–April 

2007 fishing year. Prepared by the Spiny 

Dogfish Plan Review Team, ASMFC. 

ASMFC. 2007b. ASMFC Spiny 

Dogfish Board Sets 2008/2009 Fishing 

Year Quota at 8 Million Pounds. 

Atlantic States Marine Fisheries 

Commission Press Release, October 30, 

2007. 

Byrd, B.L, A.A. Hohn, F.H. Munden, 

G.N. Lovewell, and R.E. LoPiccolo. 

2008. Effects of Commercial Fishing 

Regulations on Stranding Rates of 

Bottlenose Dolphins (Tursiops 

truncatus). Fish. Bull. 106:72–81. 

Lovewell, G.N. and B.L. Byrd. 2007. 

Bottlenose Dolphins Recovered Inshore 

and on Ocean-Side Beaches of North 

Carolina from January 2005 to April 

2007. Prepared by NMFS-SEFSC for the 

BDTRT. BDTRT document number 6–

19–07q. 

NCDMF. 2008. Overview of North 

Carolina Spiny Dogfish Regulations and 

Commercial Landings. North Carolina 

Department of Natural Resources, March 

2008. 

NMFS. Personal Communication. 

National Marine Fisheries Service, 

Fisheries Statistic Division, Silver 

Spring, MD. 

NMFS. 2007. U.S. Atlantic and Gulf of 

Mexico Marine Mammal Stock 

Assessments 2006. U.S. Department of 

Commerce. NOAA Technical 

Memorandum NMFS-NE–201. 

NMFS. 2006. 43rd SAW Assessment 

Summary Report. U.S. Department of 

Commerce. Northeast Fishery Science 

Center Reference Document 06–14. 

Rossman, M. and D. Palka. 2004. A 

Review of Coastal Bottlenose Dolphin 

Bycatch Mortality Estimates in Relation 

to the Potential Effectiveness of the 

Proposed BDTRP. Prepared by NMFSNEFSC for the BDTRT. BDTRT 

document number 1–13–05f. 

List of Subjects in 50 CFR Part 229 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Marine 

mammals, Reporting and recordkeeping 

requirements. 

Dated: August 18, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 229 is proposed 

to be amended as follows: 

PART 229—AUTHORIZATION FOR 

COMMERCIAL FISHERIES UNDER THE 

MARINE MAMMAL PROTECTION ACT 

OF 1972 

1. The authority citation for part 229 

continues to read as follows: 

Authority: 16 U.S.C. 1361 et seq.; 

§ 220.32(f) also issued under 16 U.S.C. 1531 

et seq. 

2. In § 229.35 paragraphs (d)(4)(ii) and 

(d)(5)(i) are revised to read as follows: 

§ 229.35 Bottlenose Dolphin Take 

Reduction Plan. 

* * * * * 

(d) * * * 

(4) * * * 

(ii) Medium mesh gillnets. From 

November 1 through April 30 of the 

following year, in Northern North 

Carolina State waters, no person may 

fish with any medium mesh gillnet at 

night. This provision expires on May 26, 

2012. 

* * * * * 

(5) * * * 

(i) Medium Mesh Gillnets. From 

November 1 through April 30 of the 

following year, in Southern North 

Carolina State waters, no person may 

fish with any medium mesh gillnet at 

night. This provision expires on May 26, 

2012. 

* * * * * 

[FR Doc. E8–19580 Filed 8–21–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 070719388–81094–02] 

RIN 0648–AV29 

Fisheries in the Western Pacific; 

Crustacean Fisheries; Deepwater 

Shrimp 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

designate deepwater shrimp of the 

genus Heterocarpus as management unit 

species (MUS), and require Federal 

permits and data reporting for 

deepwater shrimp fishing in Federal 

waters of the western Pacific. The 

proposed rule is intended to improve 

information on deepwater shrimp 


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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 49639 

fisheries and their ecosystem impacts, 

and to provide a basis for future 

management of the fisheries, if needed. 

DATES: Comments on the proposed rule 

must be received by October 6, 2008. 

ADDRESSES: Comments on this proposed 

rule, identified by 0648–AV29, may be 

sent to either of the following addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov; or 

• Mail: William L. Robinson, 

Regional Administrator, NMFS, Pacific 

Islands Region (PIR), 1601 Kapiolani 

Blvd, Suite 1110, Honolulu, HI 96814–

4700. 

Instructions: 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 ‘‘NA’’ in 

the required name and organization 

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 Fishery Management 

Plan for Crustacean Fisheries of the 

Western Pacific Region (FMP), and 

proposed FMP Amendment 13, which 

includes an environmental assessment 

(EA), are available from the Western 

Pacific Fishery Management Council 

(Council), 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

fax 808–522–8226, or 

www.wpcouncil.org. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to William L. 

Robinson, and by e-mail to 

DavidlRostker@omb.eop.gov or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Brett Wiedoff, NMFS PIR, 808–944–

2272. 

SUPPLEMENTARY INFORMATION: This 

Federal Register document is accessible 

at the Office of the Federal Register 

website: www.gpoaccess.gov/fr. 

Crustacean fisheries in the western 

Pacific are federally-managed within the 

waters of the U.S. Exclusive Economic 

Zone (EEZ) around American Samoa, 

the Commonwealth of the Northern 

Mariana Islands (CNMI), Guam, Hawaii, 

and the Pacific Remote Island Areas 

(PRIA, comprising Palmyra Atoll, 

Kingman Reef, Jarvis Island, Baker 

Island, Howland Island, Johnston Atoll, 

Wake Island, and Midway Atoll). The 

EEZ around the CNMI and PRIA extends 

from the shoreline seaward to 200 

nautical miles (nm), and the EEZ around 

the other islands extends from three to 

200 nm offshore. Currently, the 

crustaceans FMP management unit 

species include the spiny lobsters 

Panulirus marginatus and P. 

penicillatus, slipper lobsters of the 

family Scyllaridae, and Kona (spanner) 

crab, Ranina ranina. 

Eight species of the deepwater shrimp 

genus Heterocarpus have been reported 

throughout the tropical Pacific, 

generally at depths of 200 to 1,200 

meters on the outer reef slopes that 

surround islands and deepwater banks. 

Species distribution tends to be 

stratified by depth with some overlap. 

The deepwater trap fisheries have 

primarily targeted Heterocarpus ensifer 

and H. laevigatus. 

Western Pacific commercial trap 

fisheries for deepwater shrimp are 

intermittent. There have been sporadic 

operations in Hawaii since the 1960s, 

small-scale fisheries in Guam during the 

1970s, and some activity in the CNMI 

during the mid–1990s. The fisheries 

have been unregulated, and there has 

been no comprehensive collection of 

information about the fisheries. Most of 

these fishing ventures have been shortlived, probably as a result of sometimesfrequent loss of traps, a shrimp product 

with a short shelf life and history of 

inconsistent quality, and the rapid 

localized depletion of deepwater shrimp 

stocks leading to low catch rates. 

Despite these hurdles, interest in 

deepwater shrimp fisheries continues. 

Amendment 13 would designate 

deepwater shrimp of the genus 

Heterocarpus as management unit 

species under the FMP, and would 

require Federal permits and reporting 

for deepwater shrimp fishing in the U.S. 

EEZ. The proposed monitoring program 

(permits and logbooks) is intended to 

improve understanding of these 

fisheries and their impact on marine 

ecosystems. Although currently there 

are no resource concerns regarding 

western Pacific deepwater shrimp, the 

proposed designation of these shrimp as 

management unit species would provide 

a basis for management of the fisheries, 

if warranted in the future. 

In addition to the proposed rule, 

Amendment 13 designates Essential 

Fish Habitat (EFH) for Heterocarpus 

spp. as required under the MagnusonStevens Act. To reduce the complexity 

and the number of EFH identifications 

required for each individual species and 

life stages of the genus Heterocarpus in 

the western Pacific, EFH has been 

designated for the complete assemblage 

of adult and juvenile Heterocarpus spp. 

as the outer reef slopes between 300 and 

700 meters surrounding every island 

and submerged banks in the western 

Pacific. The species complex 

designations includes all eight species 

of deepwater shrimp extant in the 

western Pacific (Heterocarpus ensifer, 

H. laevigatus, H. sibogae, H. gibbosus, 

H. Lepidus, H. dorsalis, H. tricarinatus 

and H. longirostris). 

In addition to adding deepwater 

shrimp to the management unit, this 

proposed rule would reorganize some 

existing regulations relating to the 

Northwestern Hawaiian Islands (NWHI) 

lobster limited access permit program. 

These regulations, now in paragraphs 

§ 665.41(a)(1), (a)(3), (a)(4), and 

665.41(d), would be consolidated into 

paragraph § 665.41(d). The regulations 

would also clarify that the harvest of 

crustacean management unit species 

within the NWHI Marine National 

Monument is subject to the 

requirements of 50 CFR part 404. 

To be considered, comments must be 

received by close of business on October 

6, 2008, not postmarked or otherwise 

transmitted by that date. 

In addition to soliciting public 

comments on this proposed rule, NMFS 

is soliciting comments on proposed 

FMP Amendment 13 through October 

14, 2008 as stated in the Notice of 

Availability published on August 14, 

2008 (50 CFR Part 665). Public 

comments on this proposed rule, if 

received by October 14, 2008, will also 

be considered in the approval/ 

disapproval decision for Amendment 

13. Comments received after that date 

will not be considered in the approval/ 

disapproval decision for Amendment 

13, but will be considered for this 

proposed rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the Crustaceans FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable laws, subject 

to further consideration after public 

comment. 

Amendment 13 includes an EA that 

discusses the impacts on the 

environment as a result of this rule. The 

purpose and need for the proposed 

action is to establish appropriate 

monitoring and management 

mechanisms for the domestic harvest of 

western Pacific deepwater shrimp. 

Based on the information in the EA, as 


yshivers on PROD1PC62 with PROPOSALS
49640 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 

compared to the no-action alternative, 

the preferred alternative would have no 

adverse impacts to essential fish habitat 

or habitat areas of particular concern. 

None of the action alternatives would be 

expected to change the impacts of U.S. 

vessels on deepwater shrimp resources 

in the short term, but impacts on the 

resource base could increase with 

higher future effort, so increasing 

fishery managers’ understanding of the 

status of the stocks and fishing mortality 

would be an important outcome of this 

action. By including deepwater shrimp 

as management unit species, the 

foundation would be established for 

implementing control measures, should 

they become necessary. None of the 

action alternatives is anticipated to have 

any significant adverse impacts on 

seabird, sea turtle, or marine mammal 

populations because the fishery has a 

relatively low level of participation, and 

there have been no observed or reported 

interactions with protected resources in 

the deepwater shrimp fishery. The 

preferred alternative would provide for 

the sustained participation of fishing 

communities by helping to ensure the 

long-term availability of western Pacific 

deepwater shrimp. The complete 

analysis of the alternatives is contained 

in Amendment 13, including an EA, and 

is not repeated here. Copies of the 

environmental analytical documents is 

available from the Council (see 

ADDRESSES). 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Council for Regulation of 

the Department of Commerce certified 

to the Chief Council for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

A description of the action, why it is being 

considered, and the legal basis for this action 

are contained in the preamble to the 

proposed rule. This rule does not duplicate, 

overlap, or conflict with other Federal rules. 

There are no disproportionate economic 

impacts from this rule based on home port, 

gear type, or relative vessel size. Pursuant to 

section 605(b) of the Regulatory Flexibility 

Act, 5 U.S.C. § 605(b), the NMFS Pacific 

Islands Regional Office has determined that 

this rule will not have a significant economic 

impact on a substantial number of small 

entities based on the pre-existing status of 

deepwater shrimp fisheries within the U.S. 

EEZ of the western Pacific. All vessels having 

the potential to participate in this fishery are 

considered to be small entities under the 

current Small Business Administration 

definition of small fish-harvesting businesses 

(gross receipts not in excess of $ 4.0 million, 

independently owned and operated, and not 

dominant in the field). While fishing for 

deepwater shrimp has been sporadic over the 

last several decades, in 1984, a total of 17 

vessels reported catching approximately 159 

tons of deepwater shrimp worth an estimated 

ex-vessel value of $780,000. More recent 

information is not possible because 

confidentiality rules restrict the release of 

information from the small number of 

participants. 

Alternative 1 (no action) would preclude 

Federal monitoring and management of 

known deepwater shrimp fisheries operating 

within the western Pacific. Alternative 2 

would include deepwater shrimp as 

management unit species (MUS) under the 

Crustaceans FMP, enabling the Council and 

NMFS to develop management measures, as 

appropriate, for deepwater shrimp fisheries 

in the region. Alternative 3 would add 

deepwater shrimp to the MUS, as in 

Alternative 2, and would also require Federal 

permitting and reporting of harvest for 

vessels engaged in the deepwater shrimp 

fishery. 

Alternatives 1 and 2 would yield no 

economic impact to small entities (vessels). 

However, Alternative 3 would have a slightly 

adverse economic impact resulting in a 

requirement to pay a vessel permit fee of 

approximately $30. Applied on a 1984 dollar 

base, this represents only 0.06 percent of the 

average boat revenue for 1984. Alternative 3 

represents the most adverse economic impact 

of the 3 alternatives. However, the fishery 

cannot be monitored and managed under the 

requirements of the Magnuson-Stevens Act, 

particularly National Standards 1 and 2, 

without accurate and reliable data on shrimp 

effort and production associated with 

required permitting, recordkeeping and 

reporting from the directed deepwater 

shrimp. 

As a result, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

submitted to OMB for approval. The 

preferred alternative would require the 

owners of U.S. vessels that fish for 

deepwater shrimp management unit 

species in the western Pacific to obtain 

Federal fishing permits, and the vessel 

operators would be required to complete 

and submit Federal catch reports. 

Permit eligibility would not be 

restricted in any way, and the permit 

would be renewable on an annual basis. 

NMFS anticipates that initial permit 

applications would require 0.5 hours 

per applicant, with renewals requiring 

an additional 0.5 hours annually. It is 

estimated that NMFS may receive and 

process up to 10 permit applications 

each year. Thus, the total collection-ofinformation burden to fishermen for 

permit applications is estimated at five 

(5) hours per year. The cost for 

individual Federal permits has not been 

determined, but would represent only 

the administrative cost and is 

anticipated to be approximately $30 per 

permit. 

NMFS anticipates the time 

requirement to complete Federal catch 

reports to be approximately 10 minutes 

per vessel per fishing day. Assuming 

that 10 vessels fish during up to 100 

days per year, the total collection-ofinformation burden estimate for fishing 

data reporting is estimated at 167 hours 

per year. 

Public comment is sought regarding: 

whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to William L. 

Robinson (see ADDRESSES), and by email to David_Rostker@omb.eop.gov or 

fax to 202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaii, Hawaiian 

Natives, Northern Mariana Islands, 

Pacific remote island areas, Reporting 

and recordkeeping requirements. 

Dated: August 18, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 665 is proposed 

to be amended as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

1. The authority citation for 50 CFR 

part 665 continues to read as follows: 

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

2. In § 665.12, revise the definition of 

‘‘Crustaceans management unit species’’

to read as follows: 

§ 665.12 Definitions. 

* * * * * 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 49641 

Crustaceans management unit species 

means the following crustaceans: 

Common Name Scientific Name 

Spiny lobsters Panulirus 

marginatus 

P. penicillatus 

Slipper lobsters family Scyllaridae 

Kona crab Ranina ranina 

Deepwater shrimp Heterocarpus spp. 

* * * * * 

3. In § 665.13, revise paragraphs 

(f)(2)(i) through (f)(2)(v), and add a new 

paragraph (f)(2)(vi) to read as follows: 

§ 665.13 Permits and fees. 

* * * * * 

(f) Fees. * * * 

(2) * * * 

(i) Hawaii longline limited access 

permit. 

(ii) Mau Zone limited access permit. 

(iii) Coral reef ecosystem special 

permit. 

(iv) American Samoa longline limited 

access permit. 

(v) Main Hawaiian Islands noncommercial bottomfish permit. 

(vi) Crustaceans permit. 

* * * * * 

4. In § 665.41, revise paragraphs (a) 

and (d) to read as follows: 

§ 665.41 Permits. 

(a) Applicability. (1) The owner of any 

vessel used to fish for lobster in 

Crustaceans Permit Area 1 must have a 

lobster limited access permit issued for 

such vessel. 

(2) The owner of any vessel used to 

fish for lobster in Crustaceans Permit 

Areas 2, 3, or 4 must have a permit 

issued for that vessel. 

(3) The owner of any vessel used to 

fish for deepwater shrimp in 

Crustaceans Permit Areas 1, 2, 3, or 4 

must have a permit issued for that 

vessel. 

(4) Harvest of crustacean management 

unit species within the Northwestern 

Hawaiian Islands Marine National 

Monument is subject to the 

requirements of 50 CFR part 404. 

* * * * * 

(d) Lobster Limited Access Permit 

Requirements. 

(1) A lobster limited access permit is 

valid for fishing only in Crustaceans 

Permit Area 1. 

(2) Only one permit will be assigned 

to any vessel. 

(3) No vessel owner will have permits 

for a single vessel to harvest lobsters in 

Permit Areas 1 and 2 at the same time. 

(4) A maximum of 15 limited access 

permits can be valid at any time. 

* * * * * 

5. In § 665.42, add a new paragraph 

(c) to read as follows. 

§ 665.42 Prohibitions. 

* * * * * 

(c) In any Crustaceans Permit Area, it 

is unlawful for any person to: 

(1) Fish for, take, or retain deepwater 

shrimp without a permit issued under 

§ 665.41. 

(2) Falsify or fail to make, keep, 

maintain, or submit Federal reports and 

records of harvests of deepwater shrimp 

as required under § 665.14. 

[FR Doc. E8–19579 Filed 8–21–08; 8:45 am] 

BILLING CODE 3510–22–S 


yshivers on PROD1PC62 with PROPOSALS