51992 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 

Dated: September 3, 2008. 

Cheryl A. Oldham, 

Acting Assistant Secretary for Postsecondary 

Education. 

[FR Doc. E8–20776 Filed 9–5–08; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 070720390–81114–02] 

RIN 0648–AV28 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Management Measures for 

the Northern Mariana Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

establish Federal permitting and 

reporting requirements for all 

commercial bottomfish vessels fishing 

in the U.S. Exclusive Economic Zone 

(EEZ) around the Commonwealth of the 

Northern Mariana Islands (CNMI). The 

proposed rule would also close certain 

EEZ waters around the CNMI to 

bottomfish fishing by vessels over 40 ft 

(12.2 m) long. Vessel monitoring system 

units would be installed on these 

vessels, and the operators of these 

vessels would be required to submit 

Federal sales reports in addition to 

catch reports. This proposed rule is 

intended to ensure adequate collection 

of information about the CNMI 

commercial bottomfish fishery, provide 

for sustained community participation, 

and maintain a consistent supply of 

locally-caught bottomfish to CNMI 

markets and seafood consumers. 

Combined, these measures are intended 

to prevent the depletion of bottomfish 

stocks in the CNMI, and to sustain the 

fisheries that depend on them. 

DATES: Comments on this proposed rule 

must be received by October 23, 2008. 

ADDRESSES: Comments on the 

amendment, identified by 0648–AV28, 

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 (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 Bottomfish and Seamount 

Groundfish Fisheries of the Western 

Pacific Region (Bottomfish FMP) and 

proposed Amendment 10 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. 

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 web site www.gpoaccess.gov/fr. 

The bottomfish fishery around the 

Northern Mariana Islands is managed 

under the Bottomfish FMP, which was 

developed by the Council, and approved 

and implemented by NMFS. The 

Council has submitted Bottomfish FMP 

Amendment 10 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 10, if the amendment is 

approved by the Secretary of Commerce. 

CNMI nearshore areas have been 

fished for years by bottomfish fishermen 

who engage in a mix of subsistence, 

recreational, and small-scale 

commercial fishing. These fishermen 

typically operate small vessels (less than 

25 ft (7.6 m)), and tend to fish more in 

the summer months when weather and 

sea conditions are calmer. Most of these 

small vessels target shallow-water 

bottomfish, but some also target deepwater species. The catch from these 

small vessels is destined for local 

markets and consumers in the CNMI, 

and is usually not exported. 

In addition to small vessels, several 

larger vessels (over 40 ft (12.2 m) in 

length) also target deep-water 

bottomfish at offshore seamounts and 

banks. In 2006, for example, there were 

six large vessels targeting bottomfish 

around the CNMI. Landings from these 

large vessels are offloaded on Saipan 

and in other CNMI commercial ports, 

and are often exported by air to Japan. 

Thus, the catch from these large vessels 

does not enter local markets as a food 

supply for CNMI residents. If these 

vessels were to target bottomfish in 

nearshore waters around CNMI, the 

resulting fishing pressure could be 

excessive on bottomfish stocks at 

nearshore banks, potentially threatening 

both the fish stocks and the fisheries 

that have historically been dependent 

on these resources. 

The CNMI is relatively close to Guam, 

and it is possible for large bottomfish 

vessels based in Guam to travel to 

fishing grounds in the CNMI. NMFS 

recently implemented a final rule that 

prohibits large vessels (i.e., greater than 

50 ft (15.2 m)) from bottomfish fishing 

within 50 nm (80.5 km) around Guam 

(71 FR 64474; November 2, 2006). 

Without similar closed areas around the 

CNMI, operators of these large Guambased vessels may choose to fish for 

bottomfish within U.S. EEZ waters 

around the CNMI. This could result in 

excessive fishing pressure on bottomfish 

stocks at nearshore banks, potentially 

threatening both the fish stocks and the 

fisheries that have historically been 

dependent on these resources. 

In addition to the possibility of Guambased vessels entering the CNMI 

bottomfish fishery, the Council is 

concerned about several other issues 

regarding bottomfish fishing in the 

CNMI. First, existing data collection 

programs in the CNMI are insufficient to 

monitor catches and determine the 

impacts of the fishery on the bottomfish 

stocks being harvested, or to determine 

the species composition and amount of 

discarded catch. Second, large 

bottomfish vessels need to harvest 

relatively large catches to cover 

operational costs, and these large 

catches could deplete nearshore stocks. 

Stock depletion would threaten the 

sustainability of the CNMI bottomfish 

fishery, and if catch rates were 

significantly reduced, small vessels 

would not be able to continue operating. 

Finally, because the catches from large 

vessels are typically exported, 

traditional patterns of supply and 

consumption of bottomfish in the local 

community would be disrupted. 

In response to these concerns, the 

Council developed Amendment 10 with 

the following objectives: (1) ensure that 

adequate information is routinely 

collected for the CNMI offshore 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 51993 

bottomfish fishery; (2) provide for 

sustained community participation; and 

(3) encourage the consistent availability 

of locally-caught deepwater bottomfish 

to CNMI markets and consumers. 

The issues considered here were first 

raised in 2001 by CNMI members of the 

Council’s Advisory Panel. The Council 

and its advisory groups discussed these 

issues during 2001 and 2002, and the 

Council first took action on the 

measures contained in this document on 

February 13, 2003, at its 117th Council 

meeting held in Saipan, CNMI. A range 

of alternatives and preliminary analyses 

of their anticipated impacts were 

presented for consideration and the 

Council identified several management 

recommendations. Following further 

public comments, at its 118th meeting 

(June 2003, in Honolulu, Hawaii) the 

Council again considered this matter 

and recommended that additional input 

on the issue and alternatives be solicited 

from the CNMI government. 

Correspondence with the CNMI 

governor, and public input during a 

series of scoping sessions in the CNMI, 

led to the development and analysis of 

a revised set of management 

recommendations, adopted at the 

Council’s 126th meeting held March 14–

17, 2005, in Honolulu, Hawaii. The 

Council then prepared Amendment 10 

(including an environmental 

assessment) that contains background 

information on the issue, associated 

analyses, and proposed regulatory 

changes for consideration by NMFS. 

This proposed rule would implement 

the management measures 

recommended in Amendment 10. 

This proposed rule would require the 

owners of all vessels commercially 

fishing for bottomfish management unit 

species (BMUS) in EEZ waters around 

the CNMI to obtain Federal fishing 

permits. Permit eligibility would not be 

restricted, and permits would be 

renewable on an annual basis. NMFS 

has initially determined that a permit 

fee of $80 is appropriate, but will 

consider whether a lesser cost is 

sufficient to cover the administrative 

costs of the permit. The amount of the 

permit fee is calculated in accordance 

with the procedures of the NOAA 

Finance Handbook for determining the 

administrative costs of each special 

product or service incurred in 

processing the permit. The fee may not 

exceed such costs and is specified with 

each permit application form. 

This proposed rule would require the 

operators of all commercial bottomfish 

vessels to complete and submit Federal 

catch reports. These daily reports are 

logbooks that contain the fisherman’s 

record of bottomfish fishing effort, 

catch, discards, interactions with 

protected species, and related 

information. In addition to the fishing 

logbook, vessels over 40 ft (12.2 m) 

fishing for bottomfish in the CNMI 

would be required to complete and 

submit Federal sales reports for the 

bottomfish that they sell. 

This proposed rule would close 

certain EEZ waters around the CNMI to 

bottomfish fishing by vessels over 40 ft 

(12.2 m). The closed areas would 

include EEZ waters from the shoreline 

to 50 nm (80.5 km) around the southern 

islands of the CNMI, from the GuamCNMI EEZ boundary to a line halfway 

between Farallon de Medinilla and 

Anatahan Islands, and EEZ waters from 

the shoreline to 10 nm (18.5 km) around 

the northern island of Alamagan (Fig. 1). 

The closed area boundaries would be 

defined by straight lines for clarity and 

to facilitate enforcement. Transshipping 

of bottomfish would continue to be 

allowed within the closed areas. Any 

vessel commercially receiving 

bottomfish fish or fish products from a 

fishing vessel would be required to be 

registered with a valid CNMI 

commercial bottomfish permit, and the 

operator would be required to report 

any bottomfish transshipping activity in 

the Federal fishing logbook forms. 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with PROPOSALS
51994 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 

BILLING CODE 3510–22–C 

Shipboard vessel monitoring system 

(VMS) units would be required on 

vessels over 40 ft (12.2 m). The VMS is 

an automated, satellite-based system 

that assists NOAA’s Office for Law 

Enforcement and the U.S. Coast Guard 

in monitoring compliance with closed 

areas in a reliable and cost-effective 

manner. Electronic VMS shipboard 

equipment installed permanently on 

board a vessel provides information 

about the vessel’s position and activity. 

That information is communicated 

between the shipboard VMS unit and 

the monitoring agency’s fishery 

monitoring center, where the identity 

and location of the vessels are shown on 

a map display, comparing vessel 

positions with features of interest, such 

as closed area boundaries. The Pacific 


sroberts on PROD1PC70 with PROPOSALSEP08SE08.002</GPH>
Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 51995 

Islands VMS was developed in 

cooperation with fishermen, fishery 

managers, the U.S. Coast Guard, and 

other government agencies, and is 

currently used in the Hawaii- and 

American Samoa-based longline 

fisheries, and in the bottomfish fishery 

operating in the Papahanaumokuakea 

Marine National Monument in the 

Northwestern Hawaiian Islands (NWHI). 

CNMI-registered bottomfish vessels 

are required to be marked with their 

official number in block lettering of a 

minimum of three inches (7.6 cm) high. 

The implementation of the new CNMI 

commercial bottomfish permit would tie 

to a related Federal vessel identification 

requirement in § 665.16 that requires 

Federal permit holders to mark their 

vessels in a specific way using much 

larger lettering. These Federal vessel 

identification requirements were created 

for large commercial fishing vessels to 

assist in aerial and at-sea enforcement of 

fishing regulations. The typical CNMIbased commercial bottomfish vessel, 

however, is not large enough to have the 

superstructure or deckhouse to support 

the Federal vessel identification 

markings. The proposed rule would 

exempt CNMI-based commercial 

bottomfish vessels from the Federal 

vessel identification requirements, if the 

vessels are less than 40 ft (12.2 m) long 

and in compliance with CNMI vessel 

registration and marking requirements. 

Commercial CNMI bottomfish vessels 

over 40 ft (12.2 m) would be required to 

be marked in compliance with Federal 

vessel identification requirements. 

To date, the regional requirements for 

VMS in 50 CFR part 665 have applied 

only to pelagic longline fishing, so the 

requirements are located in the pelagic 

fisheries section of the regulations. (The 

VMS requirements for the NWHI 

bottomfish fishery are found in 50 CFR 

404.5 and are not affected by this 

proposed rule.) Because the proposed 

rule would add VMS requirements for 

bottomfish fishing, the section regarding 

the vessel monitoring system (§ 665.25) 

would be moved from the pelagic 

fishery requirements to the general 

requirements and renumbered as 

§ 665.19. Accordingly, the VMS-related 

prohibitions found in § 665.22 would 

also be moved to the general 

prohibitions in § 665.15. The VMSrelated requirements would also be 

clarified to require that VMS units be 

installed and operational when vessels 

are at sea. 

In the definition of bottomfish 

management unit species, the scientific 

name for armorhead is revised to the 

valid taxonomic name, and the 

scientific name of the pink snapper is 

revised to include the species, which 

was inadvertently omitted from the 

definition. The spellings of local names 

of the longtail and pink snappers are 

also corrected. In the definition of 

receiving vessel permit, the crossreference to receiving vessel permits for 

pelagic longlining is corrected to the 

proper paragraph. 

Comments on this proposed rule must 

be received by October 23, 2008. To be 

considered, comments must be received 

by close of business on October 23, 

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 10 through October 

20, 2008, as stated in the Notice of 

Availability published on August 20, 

2008 (73 FR 49157). Public comments 

on this proposed rule, if received by 

October 20, 2008, will also be 

considered in the approval/disapproval 

decision for Amendment 10. Comments 

received after that date may not be 

considered in the approval/disapproval 

decision for Amendment 10, 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 Bottomfish FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable laws, subject 

to further consideration after public 

comment. 

The Council prepared an 

Environmental Assessment for 

Amendment 10 that evaluates the 

potential impacts of the proposed action 

and alternatives. A copy of the 

environmental assessment is available 

from the Council (see ADDRESSES). 

The purpose and need for the 

proposed action is to monitor the CNMI 

bottomfish fishery, to sustain 

community participation in the 

bottomfish fishery (i.e., small-scale 

fishing, community exchange, and sale), 

and to encourage consistent availability 

of locally-caught bottomfish in the 

CNMI. 

Five alternatives were considered: 

Alternative 1 - No action, Alternative 2 

- Establish a 3–50 nm (5.6–80.5 km) 

closure for large vessels (over 50 ft (15.2 

m)) and other permitting and reporting 

measures, Alternative 3 - Establish a 250 

lb (113 kg) limit for onaga (longtail 

snapper, Etelis coruscans) per trip (all 

fishermen on the trip combined) outside 

3 nm (5.6 km) from the CNMI, 

Alternative 4 - Limit entry to recent 

documented fishery participants outside 

3 nm (5.6 km) from the CNMI, and 5 - 

Establish a 50 nm (80.5 km) closure for 

vessels over 40 ft (12.2 m) and other 

permitting and reporting measures. 

Alternative 5 was selected as the 

preferred alternative. The action would 

establish a 50 nm (80.5 km) closed area 

for commercial bottomfish vessels over 

40 ft (12.2 m) around the southern 

islands in the CNMI, and would also 

establish a 10 nm (18.5 km) closure 

around the northern island of 

Alamagan. Vessels over 40 ft (12.2 m) 

would be required to have VMS units 

installed, and the operators would be 

required to submit Federal sales reports 

for the bottomfish they sell. Alternative 

5 would also require Federal fishing 

permits and data reporting for all 

commercial bottomfish vessels. 

The Council expects that the 

proposed rule would maintain or 

improve current levels of bottomfish 

recruitment and control the risk of 

localized depletion from nearshore 

fishing by medium and large vessels. 

The proposed rule would maintain the 

opportunity for viable catch rates at 

banks within the limited fishing range 

of smaller vessels in the CNMI, which 

would promote social and economic 

stability within the community-based 

fishery and help preserve elements of 

the local fishing culture. The rule may 

discourage (but would not prohibit) 

expansion of the medium and large 

vessel sectors. 

Most CNMI commercial bottomfish 

vessels are smaller than 40 ft (12.2 m) 

and generally around 25 ft (7.6 m). 

There are currently no active large 

vessels in the fishery. Six vessels larger 

than 40 ft (12.2 m) were active in 2006, 

and one in 2007. The closed areas 

around Saipan and Alamagan would 

serve to discourage (but would not 

prohibit) the renewal of a large-vessel 

export-oriented bottomfish fishery. 

These large vessels would still be able 

to fish in waters beyond 50 nm (80.5 

km) around the southern CNMI islands, 

outside of 10 nm (18.5 km) around 

Alamagan, and in all other waters of the 

northern CNMI. The permitting and data 

collection measures would improve 

information that is available to fishery 

scientists and managers, and would be 

used to improve stock assessments and 

support management measures that 

achieve optimum yields and maintain a 

sustainable fishery. The proposed rule 

would help to ensure the availability of 

locally-caught bottomfish for CNMI’s 

consumers, enable larger vessels to 

continue to harvest bottomfish, and 

continue some opportunities for 

overseas bottomfish sales. 

By reducing the potential for fishing 

pressure from medium and large 

vessels, the proposed rule is expected to 


sroberts on PROD1PC70 with PROPOSALS
51996 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 

reduce the risk of nearshore bottomfish 

depletion and ensure healthy bottomfish 

stocks. Catches of non-target fish are 

low because of the selective nature of 

the fishing gear used, and these nontarget catches are expected to remain 

low as a result of the reduced fishing 

effort. 

The proposed rule is not expected to 

have a significant adverse impact on 

coastal, demersal, or other marine 

habitats including essential fish habitat 

or habitat areas of particular concern. 

The proposed measures are intended to 

reduce fishing pressure on nearshore 

bottomfish areas, and would result in a 

few larger vessels being required to 

move further offshore. There is a slight 

potential for increased impacts of 

bottomfish fishing on the essential fish 

habitat of offshore banks, but because of 

the gear types used in the fishery, and 

the proposed requirements for permits 

and reporting, the impacts are not 

expected to be significant. 

No significant adverse impacts are 

expected on protected marine mammals, 

sea turtles, or seabirds. In general, the 

CNMI bottomfish and pelagic fisheries 

are small-scale hook-and-line fisheries 

with few to no interactions with marine 

mammals, sea turtles, or seabirds. The 

proposed rule would reduce fishing 

pressure within 50 nm (80.5 km) of the 

CNMI southern islands and 10 nm (18.5 

km) of Alamagan Island, and is not 

expected to result in significant changes 

in fishing interactions with protected 

species in other areas. 

Positive impacts on the catch rates for 

small vessels are expected because 

medium and large commercial 

bottomfish fishing vessels would be 

prohibited from fishing near the 

southern islands and Alamagan. 

Negative impacts may be expected for 

medium and large commercial vessels 

due to increased operating costs 

associated with fishing beyond the 

closed area boundaries. This negative 

impact may be offset by higher 

bottomfish catch rates in the offshore 

areas that have been fished to a lesser 

degree. Given that no large commercial 

bottomfish vessels are thought to be 

operating around the southern islands 

or Alamagan at this time, no immediate 

impacts are expected and future fishing 

operations would be able to anticipate 

the expenses. 

There would be additional 

administrative burdens and costs to 

NMFS for implementing the proposed 

rule. These costs would vary depending 

on the size of the CNMI commercial 

bottomfish fishery. The Federal permit 

program is expected to cost $20–35K 

annually. The cost to establish the data 

reporting program is estimated to be 

about $70K, and the annual operating 

costs, including shoreside monitoring, is 

estimated at about $100K. The costs to 

NMFS and the USCG to enforce the 

permitting, data reporting, and closed 

area requirements (including the VMS 

program) are expected to be $372–403K 

for the first year, and $260–290K 

annually after that. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act. The IRFA 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

summary of the analysis follows. 

Description of Small Entities to Which the 

Rule Would Apply 

The preferred alternative would apply to 

all vessels commercially fishing for 

bottomfish in U.S. EEZ waters around CNMI. 

Given an annual average of 58 known 

commercial fish harvesting vessels between 

2001–05, with an annual average fleet-wide 

adjusted revenue of $136,827, it is estimated 

that each vessel operator realized an average 

of $2,359 in annual ex-vessel gross revenues 

from their bottomfish fishing operations. 

Because each vessel has gross receipts under 

$4.0 million, is independently owned and 

operated, and is not dominant in its field, all 

vessels comprising this fishery are deemed to 

be small entities under the Small Business 

Administration’s definition of a small fish 

harvester. In 2005, 62 vessels less than 40 ft 

(12.2 m) participated in the CNMI bottomfish 

fishery. As many as eleven medium and large 

vessels (i.e., greater than 40 feet or 12.2 m) 

are believed to have participated in this 

fishery since 1997. Information from fisheries 

officials in the CNMI indicate that there were 

six active medium and large vessels in 2006, 

and one in 2007. 

Description of Alternatives 

Alternative 1: No Action. In the short-term, 

fishery participants would be expected to 

continue their normal operations. In the 

longer-term, economic impacts (including 

market and non-market impacts) on smallvessel commercial, recreational, and charter 

fishery participants could be negative if 

localized depletion of bottomfish occurs 

within their limited fishing range. Due to 

their larger vessel sizes, larger-scale 

commercial bottomfish operations (which are 

still considered small entities) would still 

have access to offshore fishing areas. Smaller 

vessels would not, however, and could see 

bigger losses. Operators of the smaller vessels 

already generally participate in more than 

one fishery over the course of a year, and 

would likely shift their bottomfish fishing 

effort to other boat-based fisheries (e.g., 

pelagic trolling). Whether or not they would 

be able to recoup their lost bottomfish 

income is unclear, but a disruption of the 

nearshore bottomfish fishery would represent 

a reduction in their portfolio of fishing 

opportunities. 

Alternative 2: Prohibit commercial fishing 

for bottomfish management unit species 

(BMUS) by vessels greater than 50 ft (15.2 m) 

within U.S. EEZ waters 3–50 nm (5.6–80.5 

km) around the CNMI; require that operators 

of vessels greater than 50 ft (15.2 m) that land 

BMUS in the CNMI have Federal fishing 

permits and submit Federal logbooks of their 

associated catch and effort. Alternative 2 

may have more positive impacts than 

Alternative 1 for small-vessel commercial, 

recreational, and charter fishery participants 

by maintaining the opportunity for viable 

catch rates at banks within their limited 

fishing range around the CNMI. Unlike 

Alternative 1, Alternative 2 could cause 

negative impacts on the large-vessel 

commercial sector of the fishery (whose 

participants are still considered small 

entities) through the realization of increased 

operating costs necessitated by the 

requirement that large vessels fish on banks 

greater than 50 nm (80.5 km) from the CNMI, 

although this impact might be offset initially 

by higher bottomfish catch rates at more 

distant seamounts that remain open to large 

vessels. Likely areas for bottomfish fishing 

more than 50 nm (80.5 km) from shore are 

a chain of seamounts, some rising to shallow 

depths, about 200 nm (370 km) west of the 

Mariana Islands. As these areas have not 

been previously fished by the CNMI fleet, 

there would be a high cost associated with 

exploring the bottomfish fishing potential of 

these seamounts and their catch rates are 

unknown. 

As compared to the No Action Alternative, 

Alternative 2 would eliminate commercial 

bottomfish fishing by large vessels (still 

considered small entities for purposes of this 

analysis) in waters 3–50 nm (5.6–80.5 km) 

around the CNMI. There may be immediate 

impacts to vessel operations under this 

alternative as there may be some large 

commercial bottomfish fishing vessels active 

in waters within 50 nm (80.5 km) of the 

Northern Islands, though none is believed to 

be active in waters around the Southern 

Islands. This alternative would eliminate the 

potential renewal or expansion of the large 

vessel fishery sector in waters around Saipan. 

Thus, Alternative 2 would have greater 

potential than Alternative 1 for reducing the 

risk of local depletion of areas around Saipan 

that are fished by small-scale fishermen. A 

chain of seamounts lies parallel to the 

Mariana Archipelago nearly 200 nm (370 km) 

to the west. Some of these seamounts rise to 

shallow depths, but the seamounts are 

poorly-charted and the associated bottomfish 

habitat is not known. Whether or not large 

vessels would invest time and money in 

exploring these seamounts for bottomfish 

grounds under this alternative is unknown. 

In the long-term, this alternative would 

foreclose the opportunity for commercial 

bottomfish fishing using large vessels in the 

closed areas. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 51997 

This alternative would require the 

operators of CNMI-based vessels larger than 

50 ft (15.2 m) commercially fishing for 

bottomfish in U.S. EEZ waters around the 

CNMI to obtain Federal fishing permits and 

to submit Federal catch reports. Permit 

eligibility would not be restricted, and the 

permit would be renewable on an annual 

basis. It is anticipated that initial permit 

applications would require 0.5 hr per 

applicant, with renewals requiring an 

additional 0.5 hr annually. No special skills 

beyond the ability to read and write in 

English would be required to complete the 

permit application, logbooks or sales reports. 

The fee for the proposed Federal fishing 

permit is proposed to be $80, and would be 

calculated in accordance with the procedures 

of the NOAA Finance Handbook for 

determining the administrative costs of each 

special product or service incurred in 

processing the permit. In developing the final 

rule, NMFS may consider whether a lesser 

permit fee is appropriate. A $20 permit fee 

would represent approximately 0.8 percent of 

revenues earned by individual vessels in the 

2001–05 fishery. Similarly, a $40 permit fee 

would represent about 1.7 percent, a $60 fee 

would be about 2.6 percent, and an $80 fee 

would represent about 3.4 percent of 

revenues earned by individual vessels in the 

2001–05 fishery. 

Alternative 3: Limit onaga landings to no 

more than 250 lb (113 kg) per trip for any 

vessel fishing in U.S. EEZ waters beyond 3 

nm (5.6 km) around the CNMI. Alternative 3 

would be expected to yield beneficial 

economic impacts for small vessels that 

target onaga (longtail snapper). They would 

be expected to maintain their opportunities 

for viable onaga catch rates at banks within 

their limited fishing range, as the reduced 

fishing revenues expected with a per-trip 

limit of 250 lb (113 kg) of onaga would 

discourage competition from large-scale, 

commercial onaga-fishing operations. 

Economic impacts on these large-scale 

operations (still considered small entities) 

would be adverse, as a 250–lb (113–kg) trip 

limit would not yield enough revenues to 

cover trip costs, and these trips would be 

expected to become economically inefficient. 

This would be expected to discourage 

medium/large vessels from entering the 

fishery. 

Alternative 4: Establish a limited access 

program with Federal permit and reporting 

requirements, for vessels targeting BMUS 

more than 3 nm (5.6 km) around the CNMI. 

Alternative 4 would likely have a positive 

economic impact on catch rates and ex-vessel 

revenues for fishery participants who have a 

documented history of bottomfish fishing in 

the U.S. EEZ, but a negative impact for 

undocumented or future potential 

participants. Limiting total fishery 

participation would be expected to result in 

increased catch rates for qualifying 

participants, fishing efficiency, and profits 

for those who qualify and continue fishing. 

Economic impacts on existing and future 

non-qualifiers would be highly adverse, with 

no bottomfish catches or revenues available 

for this group. If limited-access permits were 

transferable, this alternative would also 

create an economic value for these permits, 

as the original qualifiers could subsequently 

sell or lease them to a new round of 

participants. This would represent a windfall 

profit to the original qualifiers. 

This alternative would require the 

operators of all CNMI-based vessels 

commercially fishing for bottomfish in U.S. 

EEZ waters around the CNMI to obtain 

Federal fishing permits and to submit Federal 

catch reports. Permit eligibility would not be 

restricted in any way, and permits would be 

renewable on an annual basis. It is 

anticipated that initial permit applications 

would require 0.5 hr per applicant, with 

renewals requiring an additional 0.5 hr 

annually. The fee for the proposed Federal 

fishing permit is proposed to be $80, and 

would be calculated in accordance with the 

procedures of the NOAA Finance Handbook. 

A $20 permit fee would represent 

approximately 0.8 percent of revenues earned 

by individual vessels in the 2001–05 fishery. 

Similarly, a $40 permit fee would represent 

about 1.7 percent, a $60 fee would be about 

2.6 percent, and an $80 fee would represent 

about 3.4 percent of revenues earned by 

individual vessels in the 2001–05 fishery. 

Based on experience in other fisheries, it is 

expected that the time requirement for filling 

out Federal catch reports would be 

approximately 20 min per vessel per fishing 

day. No special skills beyond the ability to 

read and write in English would be required 

to complete the permit application, logbooks 

or sales reports. 

Alternative 5 (Preferred): Prohibit 

commercial fishing for BMUS by medium 

and large vessels within U.S. EEZ waters 0–

50 nm (0–80.5 km) around CNMI in the area 

from the southern boundary of the EEZ 

(south of Rota) to the north latitude of 16 10’

47’’ (halfway between Farallon de Medinilla 

to Anatahan) and within EEZ waters 0–10 nm 

(0–18.5 km) around Alamagan Island; require 

that medium and large vessels fishing 

commercially for BMUS in EEZ waters 

around the CNMI carry operating VMS units, 

and complete Federal sales reports for any 

BMUS sold in the CNMI; require that 

operators of all vessels fishing commercially 

for BMUS in EEZ waters around the CNMI 

have Federal fishing permits and submit 

Federal logbooks of their associated catch 

and effort. The impacts of Alternative 5 on 

commercial bottomfish vessels over 40 ft 

(12.2 m) would be similar to those of 

Alternative 2. However, the impacts to the 

catch rates and ex-vessel revenues of smallvessel fishermen would be more pronounced, 

as medium and large commercial bottomfish 

fishing vessels (though still considered small 

entities) would be prohibited from fishing 

around the southern islands and Alamagan. 

The recent general absence of such vessels 

from the fishery suggests that the area is not 

profitable for these vessels, and fishing in the 

restricted area may be more opportunistic 

than planned. Therefore, restricting medium 

and large vessels in the area may yield only 

a minimal adverse economic impact to 

individual vessels, mitigated by profitable 

opportunities elsewhere. 

This alternative would require the 

operators of all CNMI-based vessels 

commercially fishing for bottomfish in U.S. 

EEZ waters around the CNMI to obtain 

Federal fishing permits and to submit Federal 

catch reports. Permit eligibility would not be 

restricted in any way, and the permit would 

be renewable on an annual basis. It is 

anticipated that initial permit applications 

would require 0.5 hr per applicant, with 

renewals requiring an additional 0.5 hr 

annually. The fee for the proposed Federal 

fishing permit is proposed to be $80, and 

would be calculated in accordance with the 

procedures of the NOAA Finance Handbook. 

A $20 permit fee would represent 

approximately 0.8 percent of revenues earned 

by individual vessels in the 2001–05 fishery. 

Similarly, a $40 permit fee would represent 

about 1.7 percent, a $60 fee would be about 

2.6 percent, and an $80 fee would represent 

about 3.4 percent of revenues earned by 

individual vessels in the 2001–05 fishery. 

Based on experience in other fisheries, it is 

expected that the time requirement for filling 

out Federal catch reports would be 

approximately 20 min per vessel per fishing 

day. No special skills beyond the ability to 

read and write in English would be required 

to complete the permit application, logbooks 

and sales reports. 

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), including permits, catch and 

sales reports, vessel identification, and 

VMS. These requirements have been 

submitted to OMB for approval. Permit 

eligibility would not be restricted in any 

way, and the permit would be 

renewable on an annual basis. The 

Council 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 50 to 125 permit 

applications each year. Thus, the total 

collection-of-information burden to 

fishermen for permit applications is 

estimated at 25 to 62 hours per year. 

NMFS has initially determined that a 

permit fee of $80 is appropriate, but will 

consider whether a lesser cost is 

sufficient to cover the administrative 

costs of the permit. 

The proposed rule would also require 

the operators of all vessels commercially 

fishing for bottomfish in U.S. EEZ 

waters around the CNMI to complete 

and submit Federal catch reports. The 

Council anticipates the time 

requirement to complete Federal catch 

reports to be approximately 20 minutes 

per vessel per fishing day. Assuming 

that the 50 to 125 vessels make 10 to 50 

trips per year, and average 1.2 days per 

trip, the program would generate in the 

range of 600 to 7,500 daily fishing 

logbooks per year. Thus, the total 

collection-of-information burden 

estimate for fishing data reporting is 

estimated at 200 to 2,500 hours per year. 


sroberts on PROD1PC70 with PROPOSALS
51998 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 

The proposed rule would also require 

the operators of medium and large 

commercial bottomfish vessels to 

complete and submit Federal sales 

reports. The Council anticipates the 

time requirement for completing Federal 

sales reports to be approximately 35 

minutes per vessel per fishing trip. 

Assuming six medium and large vessels 

make 15 trips per year, the program 

would generate approximately 90 sales 

reports per year. Thus, the total 

collection-of-information burden 

estimate for sales data reporting by 

fishermen is estimated at 52 hours per 

year. These estimates include time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining data needed, and 

completing and reviewing the 

information. 

For the medium and large vessel 

identification requirements, the burden 

is estimated at 45 minutes to paint each 

vessel (15 minutes for each of three 

locations on the vessel where marking is 

required), and about $10 for paint and 

supplies. Assuming six medium and 

large bottomfish vessels are active, the 

total collection-of-information burden 

estimate is 4.5 hours and $60. 

For the medium and large vessel VMS 

requirements, the estimated time per 

response is four hours to install a VMS 

unit, and two hours per year to repair 

and maintain a VMS unit. Assuming six 

medium and large bottomfish vessels 

are active, the total collection-ofinformation burden estimate for 

compliance with VMS requirements is 

24 hours the first year and 12 hours 

annually after that. 

Public comment is sought regarding: 

whether this proposed collections of 

information are 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 collections 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, 

Reporting and recordkeeping 

requirements. 

Dated: August 29, 2008. 

James W. Balsiger, 

Acting Assistant Administrator For Fisheries, 

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, add the definitions of 

‘‘CNMI commercial bottomfish permit’’, 

‘‘Medium vessel’’, and ‘‘Receiving 

vessel’’ in alphabetical order, and in the 

definition of ‘‘Bottomfish management 

unit species’’ revise the Hawaiian local 

name of longtail snapper and the 

Samoan local name and scientific name 

of pink snapper, in the definition of 

‘‘Seamount groundfish’’ revise the 

scientific name of armorhead, and revise 

the definitions of ‘‘Receiving vessel 

permit’’ and ‘‘Vessel monitoring system 

unit’’ to read as follows: 

§ 665.12 Definitions. 

* * * * * 

Bottomfish management unit species 

means the following fish: 

Common name Local name Scientific name 

*****

Longtail snapper Onaga, ula’ula (H); palu-loa (S) Etelis coruscans.

*****

Pink snapper Opakapaka (H); palu-ena ’ena (S); gadao (G) Pristipomoides filamentosus.

*****

* * * * * 

CNMI commercial bottomfish permit 

means the permit required by § 665.61 

(a)(5) to engage in commercial fishing 

for bottomfish management unit species 

in U.S. EEZ waters around the CNMI. 

* * * * * 

Medium vessel, as used in §§ 665.61 

through 665.72, means any vessel equal 

to or more than 40 ft (12.2 m) and less 

than 50 ft (15.2 m) in length overall. 

* * * * * 

Receiving vessel means a vessel that 

receives fish or fish products from a 

fishing vessel, and with regard to a 

vessel holding a permit under 

§ 665.21(e) that also lands Pacific 

Pelagic Management Unit Species taken 

by other vessels using longline gear. 

Receiving vessel permit means a 

permit required by § 665.21(e) for a 

receiving vessel to transship or land 

Pacific pelagic management unit species 

taken by other vessels using longline 

gear. 

* * * * * 

Seamount groundfish means the 

following species: 

Common 

name Scientific name 

Armorhead Pseudopentaceros richardsoni 

*****

* * * * * 

Vessel monitoring system unit (VMS 

unit) means the hardware and software 

owned by NMFS, installed on vessels by 

NMFS, and required to track and 

transmit the positions of certain vessels. 

* * * * * 

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) CNMI commercial bottomfish 

permit. 

* * * * * 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 51999 

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

(a)(2)(i), and (c) to read as follows: 

§ 665.14 Reporting and recordkeeping. 

(a) Fishing record forms—(1) 

Applicability. 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), 

665.61(a)(5), 665.81, or 665.602 must 

maintain on board the vessel an 

accurate and complete record of catch, 

effort, and other data on paper report 

forms provided by the Regional 

Administrator, or electronically as 

specified and approved by the Regional 

Administrator. 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). 

(2) Timeliness of submission. (i) If 

fishing was authorized under a permit 

pursuant to §§ 665.21, 665.41, 

665.61(a)(3), 665.61(a)(5), or 665.81, the 

vessel operator must submit the original 

logbook form for each day of the fishing 

trip to the Regional Administrator 

within 72 hours of the end of each 

fishing trip, except as allowed in 

paragraph (a)(2)(iii) of this section. 

* * * * * 

(c) Sales report. The operator of any 

fishing vessel subject to the 

requirements of § 665.41, or the owner 

of a medium or large fishing vessel 

subject to the requirements of 

§ 665.61(a)(5), must submit to the 

Regional Administrator, within 72 hours 

of offloading crustacean or bottomfish 

management unit species, respectively, 

an accurate and complete sales report 

on a form provided by the Regional 

Administrator. The form must be signed 

and dated by the fishing vessel operator. 

* * * * * 

§ 665.22 [Amended] 

5. Redesignate paragraphs (o) through 

(u) in § 665.22 as paragraphs (m) 

through (s) in § 665.15, and revise 

newly-redesignated paragraphs (m) 

through (s) in § 665.15 to read as 

follows: 

§ 665.15 Prohibitions. 

* * * * * 

(m) Fish for, catch, or harvest 

management unit species with longline 

gear without an operational VMS unit 

on board the vessel after installation of 

the VMS unit by NMFS, in violation of 

§ 665.19(e)(2). 

(n) Possess management unit species, 

that were harvested after NMFS has 

installed the VMS unit on the vessel, on 

board that vessel without an operation 

VMS unit, in violation of§ 665.19(e)(2). 

(o) Interfere with, tamper with, alter, 

damage, disable, or impede the 

operation of a VMS unit or attempt any 

of the same; or move or remove a VMS 

unit without the prior permission of the 

SAC in violation of § 665.19(e)(3). 

(p) Make a false statement, oral or 

written, to an authorized officer, 

regarding the use, operation, or 

maintenance of a VMS unit, in violation 

of § 665.19(e)(1). 

(q) Interfere with, impede, delay, or 

prevent the installation, maintenance, 

repair, inspection, or removal of a VMS 

unit, in violation of § 665.19(e)(1). 

(r) Interfere with, impede, delay, or 

prevent access to a VMS unit by a 

NMFS observer, in violation of 

§ 665.28(f)(4). 

(s) Connect or leave connected 

additional equipment to a VMS unit 

without the prior approval of the SAC, 

in violation of § 665.19(f). 

6. In § 665.16, add new paragraph 

(e)(2) to read as follows: 

§ 665.16 Vessel identification. 

* * * * * 

(e) * * * 

(2) A vessel less than 40 ft (12.2 m) 

in length registered for use under a 

CNMI commercial bottomfish permit 

that is in compliance with CNMI 

bottomfish vessel registration and 

marking requirements. 

§ 665.25 [Redesignated as § 665.19] 

7. Redesignate § 665.25 as new 

§ 665.19, and revise newly-redesignated 

§ 665.19 to read as follows: 

§ 665.19 Vessel monitoring system. 

(a) Applicability. The holder of any of 

the following permits is subject to the 

vessel monitoring system requirements 

in this part: 

(1) Hawaii longline limited access 

permit issued pursuant to § 665.21(b); 

(2) American Samoa longline limited 

entry permit, for vessel size Class C or 

D, issued pursuant to § 665.21(c); 

(3) Vessels permitted to fish in 

Crustaceans Permit Area 1 VMS 

Subarea; or 

(4) CNMI commercial bottomfish 

permit, if the vessel is a medium or 

large bottomfish vessel, issued pursuant 

to§ 665.61(a)(5). 

(b) VMS unit. Only a VMS unit owned 

by NMFS and installed by NMFS 

complies with the requirement of this 

subpart. 

(c) Notification. After a permit holder 

subject to this part has been notified by 

the SAC of a specific date for 

installation of a VMS unit on the permit 

holder’s vessel, the vessel must carry 

and operate the VMS unit after the date 

scheduled for installation. 

(d) Fees and charges. During the 

experimental VMS program, the holder 

of a permit subject to this part shall not 

be assessed any fee or other charges to 

obtain and use a VMS unit, including 

the communication charges related 

directly to requirements under this 

section. Communication charges related 

to any additional equipment attached to 

the VMS unit by the owner or operator 

shall be the responsibility of the owner 

or operator and not NMFS. 

(e) Permit holder duties. The holder of 

a permit subject to this part, and master 

of the vessel, must: 

(1) Provide opportunity for the SAC to 

install and make operational a VMS unit 

after notification. 

(2) Carry and continuously operate 

the VMS unit on board whenever the 

vessel is at sea. 

(3) Not remove, relocate, or make nonoperational the VMS unit without prior 

approval from the SAC. 

(f) Authorization by the SAC. The 

SAC has authority over the installation 

and operation of the VMS unit. The SAC 

may authorize the connection or order 

the disconnection of additional 

equipment, including a computer, to 

any VMS unit when deemed 

appropriate by the SAC. 

8. In § 665.61, add new paragraph 

(a)(5) to read as follows: 

§ 665.61 Permits. 

(a) * * * 

(5) Commonwealth of the Northern 

Mariana Islands (CNMI) commercial. 

The owner of any vessel used to 

commercially fish for, transship, 

receive, or land bottomfish management 

unit species shoreward of the outer 

boundary of the CNMI management 

subarea must have a permit issued 

under this section, and the permit must 

be registered for use with that vessel. 

* * * * * 

9. In § 665.62, add paragraphs (o) 

through (r) to read as follows: 

§ 665.62 Prohibitions. 

* * * * * 

(o) Use a vessel to fish commercially 

for bottomfish management unit species 

shoreward of the outer boundary of the 

CNMI subarea without a valid CNMI 

commercial bottomfish permit 

registered for use with that vessel, in 

violation of § 665.61(a)(5). 


sroberts on PROD1PC70 with PROPOSALS
52000 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules 

(p) Use a medium or large vessel to 

fish for bottomfish management unit 

species within the CNMI medium and 

large vessel bottomfish prohibited areas, 

as defined in § 665.70(b). 

(q) Retain, land, possess, sell, or offer 

for sale, shoreward of the outer 

boundary of the CNMI subarea, 

bottomfish management unit species 

that were harvested in violation of 

§ 665.62(p), except that bottomfish 

management unit species that are 

harvested legally may be transferred to 

a receiving vessel shoreward of the 

outer boundary of the CNMI medium 

and large vessel bottomfish prohibited 

area as defined in § 665.70(b). 

(r) Falsify or fail to make, keep, 

maintain, or submit a Federal logbook as 

required under § 665.14(a) when using a 

vessel to engage in commercial fishing 

for bottomfish management unit species 

shoreward of the outer boundary of the 

CNMI subarea in violation of 

§ 665.14(a). 

10. In § 665.69, remove paragraph 

(a)(7) and redesignate paragraph (a)(8) as 

paragraph (a)(7), and revise paragraph 

(a) introductory text, paragraphs (a)(6), 

and (c) to read as follows: 

§ 665.69 Management subareas. 

(a) The bottomfish fishery 

management area is divided into 

subareas with the following 

designations and boundaries: 

* * * * * 

(6) CNMI Management Subarea means 

the EEZ seaward of the CNMI. The 

CNMI Management Subarea is further 

divided into subareas with the following 

designations and boundaries: 

(i) CNMI Inshore Area means that 

portion of the EEZ within 3 nautical 

miles of the shoreline of the CNMI. 

(ii) CNMI Offshore Area means that 

portion of the EEZ seaward of 3 nautical 

miles from the shoreline of the CNMI. 

* * * * * 

(c) The outer boundary of each fishery 

management area is a line drawn in 

such a manner that each point on it is 

200 nautical miles from the baseline 

from which the territorial sea is 

measured, or is coterminous with 

adjacent international maritime 

boundaries, except that the outer 

boundary of the CNMI Inshore Area is 

3 nautical miles from the shoreline. The 

boundary between the fishery 

management areas of Guam and the 

CNMI extends to those points which are 

equidistant between Guam and the 

island of Rota in the CNMI. 

11. Revise § 665.70 to read as follows: 

§ 665.70 Bottomfish fishery area 

management. 

(a) Guam large vessel bottomfish 

prohibited area (Area GU–1). A large 

vessel of the United States may not be 

used to fish for bottomfish management 

unit species in the Guam large vessel 

bottomfish prohibited area, defined as 

the U.S. EEZ waters surrounding Guam 

that are enclosed by straight lines 

connecting the following coordinates in 

the order listed: 

Point N. lat. E. long. 

GU–1–A 14°16′ 144°17′ 

GU–1–B 13°50′ 143°52′ 

GU–1–C 13°17′ 143°46′ 

GU–1–D 12°50′ 143°54′ 

GU–1–E 12°30′ 144°14′ 

GU–1–F 12°25′ 144°51′ 

GU–1–G 12°57′ 145°33′ 

GU–1–H 13°12′ 145°43′ 

GU–1–I 13°29′44′′ 145°48′27′′ 

GU–1–A 14°16′ 144°17′ 

(b) CNMI medium and large vessel 

bottomfish prohibited areas. A medium 

or large vessel of the United States may 

not be used to fish commercially for 

bottomfish management unit species in 

the following areas: 

(1) CNMI Southern Islands (Area NM–

1). The CNMI Southern Islands 

prohibited area is defined as the waters 

of the U.S. EEZ surrounding the CNMI 

that are enclosed by straight lines 

connecting the following coordinates in 

the order listed: 

Point N. lat. E. long. 

NM–1–A 14°9′ 144°15′ 

NM–1–B 16°10′47′′ 145°12′ 

NM–1–C 16°10′47′′ 146°53′ 

NM–1–D 14°48′ 146°33′ 

NM–1–E 13°27′ 145°43′ 

NM–1–A 14°9′ 144°15′ 

(2) CNMI Alamagan Island (Area NM–

2). The CNMI Alamagan Island 

prohibited area is defined as the waters 

of the U.S. EEZ surrounding the CNMI 

that are enclosed by straight lines 

connecting the following coordinates in 

the order listed: 

Point N. lat. E. long. 

NM–2–A 17°26′ 145°40′ 

NM–2–B 17°46′ 145°40′ 

NM–2–C 17°46′ 146°00′ 

NM–2–D 17°26′ 146°00′ 

NM–2–A 17°26′ 145°40′ 

[FR Doc. E8–20774 Filed 9–5–08; 8:45 am] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with PROPOSALS