Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 50751 

business size standard for this census 

category; that size standard is 500 or 

fewer employees. According to Census 

Bureau data for 2002, there were 1,362 

firms in this category that operated for 

the entire year. Of these, 1,351 had 

employment of 499 or fewer employees, 

and six firms had employment of 

between 500 and 999. Consequently, we 

estimate that the majority of these firms 

small entities that may be affected by 

our action. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

66. Any potential proposals from this 

NPRM will not impose reporting or 

recordkeeping requirements that would 

be subject to the Paperwork Reduction 

Act. Therefore, we have not attempted 

here to provide an estimate in terms of 

burden hours. Rather, we are asking 

commenters to provide the Commission 

with reliable information and comments 

on any costs and burdens on small 

entities. 

E. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

67. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

(among others) the following four 

alternatives: (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

68. As noted above, the NPRM invites 

comment on regulations that the 

Commission must implement 90 days 

after the 911 NET Act’s enactment, 

including regulations that: 

(A) Ensure that IP-enabled voice 

service providers have the ability to 

exercise their rights under subsection 

(b); 

(B) Take into account any technical, 

network security, or information privacy 

requirements that are specific to IPenabled voice services; and 

(C) Provide, with respect to any 

capabilities that are not required to be 

made available to a commercial mobile 

service provider but that the 

Commission determines * * * are 

necessary for an IP-enabled voice 

service provider to comply with its 

obligations [to provide 911 service and 

enhanced 911 service], that such 

capabilities shall be available at the 

same rates, terms, and conditions as 

would apply if such capabilities were 

made available to a commercial mobile 

service provider. 

69. Specifically, we invite comment 

regarding how the Commission could 

ease any potential burden on small 

entities. The Commission seeks 

comment on significant alternatives and 

recommends that small entities file 

comments in response to the NPRM. We 

anticipate that the record will be 

developed concerning alternative ways 

in which the Commission could lessen 

the burden on classes of carrier or 

entities. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

70. None. 

Initial Paperwork Reduction Act of 

1995 Analysis 

71. This document does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified ‘‘information 

collection burden for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198. See 44 U.S.C. 

3506(c)(4). 

Ordering Clauses 

72. Accordingly, it is ordered that 

pursuant to the authority contained in 

sections 1, 4(i)–(j), 201, 202, 222, 251, 

252, and 303(r) of the Communications 

Act of 1934, as amended, 47 U.S.C. 151, 

154(i)–(j), 201, 202, 222, 251, 252, 

303(r), and section 6 of the Wireless 911 

Act, as amended, this Notice of 

Proposed Rulemaking is adopted. 

73. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–20135 Filed 8–27–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 0612242967–7394–01] 

RIN 0648–AS71 

Fisheries in the Western Pacific; 

Pelagic Fisheries; Squid Jig Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

include three species of pelagic squid 

under Federal management, and 

establish permitting and reporting 

requirements for squid jig fishing 

vessels over 50 ft (15.4 m) in length. 

These vessels would also be required to 

carry Federal observers if requested by 

NMFS. This proposed rule is intended 

to improve monitoring and management 

of U.S. domestic pelagic squid fisheries 

in the western Pacific. 

DATES: Comments on this proposed rule 

must be received by October 14, 2008. 

ADDRESSES: Comments on the 

amendment, identified by 0648–AS71, 

may be sent to either of the following 

addresses: 

• Electronic Submission: Federal eRulemaking 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 (if you wish to 

remain anonymous, enter ‘‘NA’’ in the 

required name and organization fields). 

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 Pelagic Fisheries of the Western 

Pacific Region (Pelagics FMP), and 

proposed Amendment 15 including an 

environmental assessment (EA), are 


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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. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, 808–944–2271. 

SUPPLEMENTARY INFORMATION: This 

Federal Register document is also 

accessible at the Office of the Federal 

Register website: www.gpoaccess.gov/fr. 

The pelagic fisheries of the U.S. 

western Pacific are managed under the 

Pelagics FMP, which was developed by 

the Council, and approved and 

implemented by NMFS. The Council 

has submitted Pelagics FMP 

Amendment 15 to NMFS for review 

under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). This proposed 

rule would implement the management 

provisions recommended in 

Amendment 15, if approved by the 

Secretary of Commerce. Although no 

squid resource concerns have arisen to 

date, effective monitoring programs and 

mechanisms to implement management 

measures are both needed. To address 

these needs, the Council recommends in 

Amendment 15 improving data on U.S. 

squid fisheries through new permitting, 

monitoring and reporting requirements, 

as follows: 

• Add three pelagic squid species to 

the pelagic management unit (neon 

flying squid, Ommastrephes bartramii, 

diamondback squid, Thysanoteuthis 

rhombus, and purple flying squid, 

Sthenoteuthis oualaniensis); and 

• Require operators of U.S. vessels 

greater than 50 ft (15.4 m) in length 

overall that fish for pelagic squid in 

waters of the U.S. Exclusive Economic 

Zone (EEZ) of the western Pacific to: 

i. obtain Federal permits; 

ii. carry Federal observers if requested 

by NMFS; and 

iii. report any western Pacific pelagic 

squid catch and effort either in Federal 

squid logbooks or via existing local 

reporting systems. 

These measures, if implemented, 

would provide additional data and a 

mechanism for the Council and NMFS 

to effectively monitor and manage the 

U.S. domestic pelagic squid fisheries. 

Pelagic squid are widely dispersed 

and short-lived, with relatively high 

reproduction rates. Thus, populations 

recover quickly following declines and 

are difficult to over-harvest with 

relatively inefficient fishing methods 

such as jigging. For example, stock 

abundance of neon flying squid in the 

central North Pacific was low in 1993, 

probably due to high fishing mortality 

from the high seas drift gillnet fishery. 

That fishery was banned in 1992, and 

the stocks quickly recovered and 

abundance was high during 1994–96. 

Stock abundance was again depressed 

in 1997 (the most prominent El Nino 

year in the last century), but was high 

in 1998. There is no evidence of overharvesting of pelagic squid stocks on the 

high seas or in EEZ waters around U.S. 

islands in the western Pacific. 

Pelagic squid are targeted by food and 

bait fisheries throughout the Pacific. 

They are a major component of the 

pelagic ecosystem, with large species 

preying on a variety of fish and 

invertebrate species, and smaller species 

providing important forage components 

for species such as swordfish and pilot 

whales. This ‘‘keystone’’ role of squid in 

the trophic web suggests that squid may 

be an important indicator of ecosystem 

dynamics. An international, large-scale, 

multi-species squid jigging fishery exists 

on the Pacific high seas, including 

foreign and a few U.S. fishing vessels. 

The Japanese jigging fleet was once 

dominant in the North Pacific, but is 

now rivaled by a growing Chinese fleet. 

The fishery is seasonal with most 

vessels switching to the Southern 

Hemisphere during the southern 

summer (October-February). Three U.S. 

squid jig vessels fished for squid in the 

North Pacific for a month or less in the 

summer of 2003, catching red flying 

squid on the high seas and offloading in 

Japan. Following a disappointing 

season, they moved to New Zealand 

waters for the 2003 summer/autumn 

squid season. To date, these domestic 

jigging vessels have fished on the high 

seas or in the waters of other nations, 

but there is a possibility of moving their 

fishing activities to U.S. EEZ waters 

around Hawaii in association with a 

shift in oceanic conditions. In addition 

to this large-vessel fishery, a few smaller 

vessels target purple flying squid with 

jigs near the Hawaiian Islands. This 

smaller fishery provides squid for the 

seafood market, and bait for the tuna 

handline fishery. 

Although U.S. fisheries in the 

northern waters of the western Pacific 

catch a tiny fraction of the total 

international squid production, data 

provided by monitoring of these 

fisheries are, as yet, the only indicator 

available of squid stock status. The first 

issue to be addressed in the proposed 

rule is the need for improved 

information about U.S. squid jig 

fisheries. To effectively monitor and 

manage these fisheries, there is a need 

to ensure that U.S. catches of squid in 

the western Pacific are recorded 

accurately. For fishing on the high seas, 

the HSFCA requires catch reporting, but 

to date there has been no specific 

HSFCA logbook for squid jig fishing. 

Commercial landings of squid offloaded 

in Hawaii (regardless of where caught) 

are required to be reported on Hawaii 

state catch reports. Recreational catches 

landed in Hawaii are not subject to any 

reporting requirements (although 

recreational squid harvests are believed 

to be small and are not a concern to 

resource managers). With the exception 

of the Pacific remote island areas 

(PRIA), creel surveys are conducted in 

the other areas of the U.S. western 

Pacific to collect data on both 

commercial and recreational fishing 

activities. The information collected 

from these disparate programs have not 

been compiled for efficient analyses by 

resource scientists and managers. 

U.S. squid jig vessels that fish only on 

the high seas in the western Pacific 

would be required to report their catch 

and effort using the Federal squid 

logbooks, pursuant to the reporting and 

recordkeeping provision of the High 

Seas Fishing Compliance Act (HSFCA). 

The reporting requirements of the 

HSFCA (50 CFR 300.17(b)(3)) provide 

the necessary regulatory authority for 

NMFS to require squid jig fishermen to 

use Federal logbooks that would be 

implemented under this proposed rule 

to meet the reporting requirements 

under both the HSFCA and the 

Magnuson-Stevens Act. 

In addition to data needs, a second 

issue regarding the domestic squid 

jigging fishery is that there is no 

management mechanism to implement 

fishery regulatory controls, should 

concerns arise regarding squid stocks or 

other aspects of the fishery. Squid 

resources are healthy, the domestic 

fishery is relatively small, and there 

have been no observed or reported 

interactions with protected species or 

significant levels of bycatch. Thus, 

specific management measures (such as 

time or area closures, or effort or 

landing limits) are not being considered 

at this time. However, the establishment 

of mechanisms to implement 

management measures would allow for 

regulatory controls to be put in place if 

data collected indicate a future need for 

additional management measures. 

To be considered, comments must be 

received by close of business on October 

14, 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 

Amendment 15 through October 10, 

2008 as stated in the Notice of 

Availability published on August 11, 

2008 (73 FR 46580). Public comments 

on this proposed rule, if received by 

October 10, 2008, will also be 


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considered in the approval/disapproval 

decision for Amendment 15. Comments 

received after that date will not be 

considered in the approval/disapproval 

decision for Amendment 15, 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 Pelagics FMP, other provisions 

of the Magnuson-Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

Amendment 15 includes an EA that 

describes the existing squid fishery 

management and environment, and 

describes the potential environmental 

impacts of implementing the provisions 

of the preferred alternative. The EA tiers 

off a 2005 Final Environmental Impact 

Statement (2005 EIS) (70 FR 24038, May 

6, 2005), and incorporates by reference 

the previous environmental impact 

analysis of the five alternatives 

considered in Amendment 15, 

specifically Alternative 1, the no-action 

alternative, Alternative 2, voluntary 

monitoring, Alternative 3, mandatory 

monitoring and management under the 

Pelagics FMP, Alternative 4, mandatory 

monitoring and management through a 

new squid FMP, and Alternative 5, 

mandatory monitoring and management 

through international agreements. All of 

the previous alternatives considered in 

the April 2005 EIS were coordinated 

with interested and affected parties. 

New information about future fishery 

management policies became available 

after the 2005 EIS was completed, and 

an additional alternative (Alternative 

3a) was added and analyzed in the EA. 

Alternative 3a is similar to Alternative 

3 in the 2005 EIS, but the revised 

alternative now contains provisions for 

mandatory Federal permits and 

logbooks reporting for vessels greater 

than 50 ft (15.4 m) in length that fish for 

squid in the U.S. EEZ waters of the 

western Pacific, and a requirement to 

carry Federal observers when requested 

by NMFS. 

The purpose and need for the 

proposed action is to establish 

appropriate monitoring and 

management mechanisms for the 

domestic harvest of western Pacific 

pelagic squid. Based on the information 

in the EA and the 2005 EIS, as 

compared to the no-action alternative, 

preferred Alternative 3a 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 squid 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 pelagic squid as management 

unit species under the preferred 

alternative, 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 

either the nearshore Hawaii squid 

fishery or the U.S. high seas squid jig 

fishery. The preferred alternative would 

provide for the sustained participation 

of fishing communities by helping to 

ensure the long-term availability of 

Pacific pelagic squid. The complete 

analysis of the alternatives is contained 

in the 2005 EIS and in Amendment 15, 

and is not repeated here. Copies of these 

two environmental analytical 

documents are 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. 

The analysis follows: 

The Western Pacific Fishery Management 

Council (Council) prepared Amendment 15 

to the Pelagics FMP. Amendment 15 

recommends including three species of 

commercially-harvested pelagic squid (neon 

flying squid, purple flying squid, and 

diamondback squid) as pelagic management 

unit species. Amendment 15 would establish 

Federal permitting, data reporting, and 

observer requirements for squid jigging 

vessels over 50 ft (15.4 m) in length that fish 

in the U.S. EEZ of the western Pacific, or 

land these squid in ports of the region. A 

description of the action, why it is being 

considered, and the legal basis for this action 

are contained in the preamble to this 

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 homeport, 

gear type, or relative vessel size. Pursuant to 

section 605(b) of the Regulatory Flexibility 

Act, 5 U.S.C. § 605(b), NMFS 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 pelagic squid fisheries within the U.S. EEZ 

of the central and 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 fishharvesting businesses (gross receipts not in 

excess of $ 4.0 million, independently owned 

and operated, and not dominant in their 

field). 

This proposed rule would improve 

mandatory monitoring and establish 

mechanisms for management by including 

these squids in the management unit. This 

rule would require U.S. vessels greater than 

50 ft (15.4 m) in length overall that fish for 

pelagic squid in U.S. Pacific EEZ to obtain 

Federal permits, to carry observers if 

requested by NMFS, and to report their catch 

and effort using either NMFS western Pacific 

squid jigging logbooks or existing local 

reporting systems. High seas squid harvests 

would be reported in the squid jigging 

logbooks. The fishery data would be 

centralized into a database easily available to 

resource scientists and managers. 

An international, large-scale squid jigging 

fishery (multi-species) exists on the Pacific 

high seas. This includes both foreign and, 

until recently, a few domestic (U.S. flagged) 

fishing vessels. Three U.S. flagged squid 

jiggers fished for squid in the North Pacific 

in the summer of 2003, catching neon flying 

squid before traveling to the Southern 

Hemisphere. (The fishery is seasonal with 

most vessels switching to the Southern 

Hemisphere during the southern summer, 

October-February.) The operation consisted 

of a mother ship, 47 m long with 38 jigging 

machines, and holding up to 453,600 kg of 

squid, with a crew of 18. The other three 

boats ranged from 32–34 m in length. Each 

had 21–38 jigging machines, holding 204,100 

to 386,000 kg of squid, with crews of 12. 

Blast freezers were installed on board all four 

boats. While squid catches as high as 8,000 

kg per vessel per night have been reported by 

some operations, the recent domestic 

operation in the North Pacific caught a 

combined total of 20,253 kg of red flying 

squid for three vessels fishing over 22 days 

in 2003. 

In addition, a small nearshore squid jigging 

fishery operating out of Kauai and a tuna 

handline fishery operating primarily from the 

Big Island of Hawaii have been known to 

target purple flying squid for food and/or 

bait. Although significant in the 1970s and 

1980s, current participation in this fishery is 

now estimated to consist of only a few 

vessels. Nonetheless, due to shifts in both 

economic and oceanic conditions, there 

exists the potential for domestic squid jigging 

effort to shift from the high seas to the U.S. 

EEZ around Hawaii. 

Economic impacts of the preferred 

alternative would have a slightly adverse 

economic impact in the requirement to pay 

a vessel permit fee of approximately $30. 

Using average prices for squid sold in Hawaii 

during the summer of 2003 ($1.81/lb), a 

permit fee of $30 represents only 0.15% of 

the average boat revenue for the known boats 

jigging for squid in the North Pacific during 

2003. The largest potential impact to affected 

participants is the observer requirement for 

vessels greater than 50 ft (15.4 m) in length 

overall contained in the preliminarily 


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preferred alternative. Assuming that the costs 

of deploying (paying and feeding) observers 

would be paid by NMFS (as has been the case 

in the western Pacific region to date), vessel 

operators will still incur some indirect costs. 

Limited bunk or deck space may require 

vessel operators to reduce the number of 

crew in order to accommodate observers, 

resulting in a decrease in the operating 

efficiency of the remaining crew. There may 

be additional costs if vessel operators choose 

to carry additional liability insurance 

(beyond that provided by NMFS for its 

observers). These costs would vary between 

individual vessels depending on the 

insurance carriers’ minimum allowed 

coverage period, and the coverage approach 

that is taken. The number of entities that will 

be required to carry observers is unknown as 

the appropriate level of observer coverage has 

not been determined, however, given that no 

vessels of this size have fished for pelagic 

squid in Pacific U.S. EEZ waters without 

landing them in the U.S.A. to date, this 

burden may be minimal. It is possible that a 

squid fishery observer program could operate 

on an intermittent basis if the low levels of 

bycatch and protected species interactions 

believed to occur are confirmed. The 

remaining aspects of the preferred alternative 

consist of the requirement for vessels greater 

than 50 ft (15.4 m) in length overall to obtain 

Federal permit and to either complete new 

Federal logbooks or to participate in local 

reporting systems. 

Because there are no fishery-management 

controls associated with this measure that 

affect the operations of the fishery other than 

potentially carrying observers, significant 

impacts to the profitability of a substantial 

number of small entities are not anticipated 

and there will be no disproportionate impact 

between gear types, vessels or port of 

landing. As a result, an initial regulatory 

flexibility analysis is not required and none 

has been prepared. 

This proposed rule contains 

collection-of-information requirements 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). These requirements have 

been submitted to OMB for approval. 

The preferred alternative would require 

the owners of all U.S. vessels greater 

than 50 ft (15.4 m) in length that 

conduct commercial squid jig fishing for 

squid in U.S. EEZ waters around the 

islands of the western Pacific to obtain 

Federal fishing permits, and the vessel 

operators would be required to complete 

and submit Federal catch reports, or 

report via local reporting systems where 

such systems exist. 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 30 permit applications 

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

permit applications is estimated at 15 

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 the 30 vessels fish during up to 100 

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

data reporting is estimated at 500 hours 

per year. 

These estimates include the time for 

reviewing instructions, searching and 

compiling existing data sources, and 

completing and reviewing the collection 

information. 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 estimates; 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 

DavidlRostker@omb.eop.gov or by 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 22, 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 part 665 

continues to read as follows: 

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

2. In § 665.12, amend the definition 

for ‘‘Pacific Pelagic Management Unit 

Species,’’ by adding three squid species 

to the end of the table, and add a 

definition for ‘‘Squid jig fishing’’ in 

alphabetical order to read as follows: 

§ 665.12 Definitions. 

* * * * * 

Pacific Pelagic Management Unit 

Species * * * 

Common name Scientific name 

*****

Squid: 

Diamondback squid Thysanoteuthis 

rhombus 

Neon flying squid Ommastrephes 

bartramii 

Purple flying squid Sthenoteuthis 

oualaniensis 

* * * * * 

Squid jig fishing means fishing for 

squid that are Pelagic management unit 

species using a hook or hooks attached 

to a line that is raised and lowered in 

the water column by manual or 

mechanical means. 

* * * * * 

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) Western Pacific squid jig permit. 

* * * * * 

4. In § 665.14, revise paragraph (a)(1) 

to read as follows: 

§ 665.14 Reporting and recordkeeping. 

(a) Fishing record forms. (1) 

Applicability. (i) The operator of any 

fishing vessel subject to the 

requirements of §§ 665.21, 665.41, 

665.61(a)(2), 665.61(a)(3), 665.61(a)(4), 

665.81, or 665.602 must maintain on 

board the vessel an accurate and 

complete record of catch, effort, and 


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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 50755 

other data on paper report forms 

provided by the Regional Administrator, 

or electronically as specified and 

approved by the Regional 

Administrator, except as allowed in 

paragraph (a)(1)(iii) of this section. 

(ii) All information specified by the 

Regional Administrator must be 

recorded on paper or electronically 

within 24 hours after the completion of 

each fishing day. The logbook 

information, reported on paper or 

electronically, for each day of the 

fishing trip must be signed and dated or 

otherwise authenticated by the vessel 

operator in the manner determined by 

the Regional Administrator, and be 

submitted or transmitted via an 

approved method as specified by the 

Regional Administrator, and as required 

by this paragraph (a). 

(iii) In lieu of the requirements in 

paragraph (a)(1)(i) of this section, the 

operator of a fishing vessel registered for 

use under a Western Pacific squid jig 

permit pursuant to the requirements of 

§ 665.21(g) may participate in a state 

reporting system. If participating in a 

state reporting system, all required 

information must be recorded and 

submitted in the exact manner required 

by applicable state law or regulation. 

* * * * * 

5. In § 665.21, redesignate paragraphs 

(g) through (n) as paragraphs (h) through 

(o), and add a new paragraph (g) to read 

as follows: 

§ 665.21 Permits. 

* * * * * 

(g) A vessel of the United States must 

be registered for use under a Western 

Pacific squid jig fishing permit, if that 

vessel is more than 50 ft (15.4 m) in 

length overall and is used to squid jig 

fish in EEZ waters around American 

Samoa, the CNMI, Guam, the Hawaiian 

Archipelago, or the PRIA. 

* * * * * 

6. In § 665.22 add new paragraph (zz) 

to read as follows: 

§ 665.22 Prohibitions. 

* * * * * 

(zz) Use a vessel that is greater than 

50 ft (15.4 m) in length overall to squid 

jig fish in EEZ waters around American 

Samoa, the CNMI, Guam, the Hawaiian 

Archipelago, or the PRIA, without a 

Western Pacific squid jig fishing permit 

registered for use with that vessel, in 

violation of § 665.21(g). 

7. In § 665.23, revise paragraph (a), 

redesignate paragraphs (b) and (c) as 

paragraphs (d) and (e), and add new 

paragraphs (b) and (c) to read as follows: 

§ 665.23 Notifications. 

(a) The permit holder, or designated 

agent, for any vessel registered for use 

under a Hawaii longline limited access 

permit, or for any vessel greater than 40 

ft (12.2 m) in length overall that is 

registered for use under an American 

Samoa longline limited access permit, 

shall provide a notice to the Regional 

Administrator at least 72 hours (not 

including weekends and Federal 

holidays) before the vessel leaves port 

on a fishing trip, any part of which 

occurs in the EEZ around the Hawaiian 

Archipelago or American Samoa. The 

vessel operator will be presumed to be 

an agent designated by the permit 

holder unless the Regional 

Administrator is otherwise notified by 

the permit holder. The permit holder or 

designated agent for a vessel registered 

for use under Hawaii longline limited 

access permits must also provide 

notification of the trip type (either deepsetting or shallow-setting). 

(b) The permit holder, or designated 

agent, for any vessel registered for use 

under a Western Pacific squid jig fishing 

permit that is greater than 50 ft (15.4 m) 

in length overall, shall provide a notice 

to the Regional Administrator at least 72 

hours (not including weekends and 

Federal holidays) before the vessel 

leaves port on a fishing trip, any part of 

which occurs in Western Pacific waters. 

The vessel operator will be presumed to 

be an agent designated by the permit 

holder unless the Regional 

Administrator is otherwise notified by 

the permit holder. 

(c) For purposes of this section, the 

notice must be provided to the office or 

telephone number designated by the 

Regional Administrator. The notice 

must provide the official number of the 

vessel, the name of the vessel, the 

intended departure date, time, and 

location, the name of the operator of the 

vessel, and the name and telephone 

number of the permit holder or 

designated agent to be available between 

8 a.m. and 5 p.m. (local time) on 

weekdays for NMFS to contact to 

arrange observer placement. 

* * * * * 

[FR Doc. E8–20004 Filed 8–27–08; 8:45 am] 

BILLING CODE 3510–22–S 


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