Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Management Measures for the Northern Mariana Islands, 49157-49158 [E8-19337]
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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules
ensure total harvest remains below the
ABC.
Information on the fishery and the
stock assessment are found in the report
Pacific mackerel (Scomber japonicus)
Stock Assessment for U.S. Management
in the 2008–09 Fishing Season (see
ADDRESSES).
The harvest control rule formula in
the FMP uses the following factors to
determine the ABC:
1. Biomass. The estimated stock
biomass of Pacific mackerel age one and
above for the 2008–2009 management
season is 264,732 mt.
2. Cutoff. This is the biomass level
below which no commercial fishery is
allowed. The FMP established this level
at 18,200 mt.
3. Distribution. The portion of the
Pacific mackerel biomass estimated in
the U.S. EEZ off the Pacific coast is 70
percent and is based on the average
historical larval distribution obtained
from scientific cruises and the
distribution of the resource according to
the logbooks of aerial fish-spotters.
4. Fraction. The harvest fraction is the
percentage of the biomass above 18,200
mt that may be harvested. The FMP
established this at 30 percent.
dwashington3 on PRODPC61 with PROPOSALS
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 CPS FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
These proposed specifications are
exempt from review under Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel 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 as
follows:
The purpose of this proposed rule is to
implement the 2008–2009 HG for Pacific
mackerel in the U.S. EEZ off the Pacific coast.
The CPS FMP and its implementing
regulations require NMFS to set an annual
HG for the Pacific mackerel fishery based on
the harvest formula in the FMP. The harvest
formula is applied to the current stock
biomass estimate to determine the ABC, from
which the HG is then derived.
Pacific mackerel harvest is one component
of CPS fisheries off the U.S. West Coast
which primarily includes the fisheries for
Pacific sardine, Northern anchovy, Jack
mackerel and Market squid. Pacific mackerel
are principally caught off southern California
within the limited entry portion (south of 39
N. latitude; Point Arena, California) of the
fishery. Sixty-two vessels are currently
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15:35 Aug 19, 2008
Jkt 214001
permitted in the Federal CPS limited entry
fishery off California. These vessels are
considered small business entities by the
U.S. Small Business Administration since the
vessels do not have annual receipts in excess
of $4.0 million. This proposed rule has an
equal effect on all of these small entities.
Therefore, there would be no
disporportionate impacts on large and small
business entities under the proposed action.
The profitability of these vessels as a result
of this proposed rule is based on the average
Pacific mackerel ex-vessel price per mt.
NMFS used average Pacific mackerel exvessel price per mt to conduct a profitability
analysis because cost data for the harvesting
operations of CPS finfish vessels was
unavailable.
For the 2007/2008 fishing year, the HG was
set at 40,000 mt with an estimated ex-vessel
value of approximately $5.3 million. Around
6,200 mt of this HG was actually harvested
during the 2007/2008 fishing season valued
at an estimated $900,000.
The proposed harvest guideline for the
2008/2009 Pacific mackerel fishing season
(July 1, 2008 through June 30, 2009) is 40,000
metric tons (mt). This HG recommendation is
the same as the HG recommended by the
Council and approved by NMFS for the 2007/
2008 fishing year. If the fleet were to take the
entire 2008/2009 HG, and assuming no
change in the coastwide average ex-vessel
price per mt of $146, the potential revenue
to the fleet would be approximately $5.8
million. A potential lack of availability of the
resource to the fishing fleet however, could
cause a reduction in the amount of Pacific
mackerel harvested, in which case profits
would be lower than if the total HG were
taken. Additionally, if there is no change in
market conditions (i.e., a lack in demand for
Pacific mackerel product), it is not likely that
the full HG will be taken during the 2008–
2009 fishing year, in which case profits will
again be lower than if the entire HG were
taken. However, because the average U.S.
harvest since the year 2000 is only 5,700 mt,
the potential reduced revenues would not be
a result of the proposed HG.
NMFS does not anticipate a drop in
profitability based on this rule because it
allows fishermen to harvest the same amount
of fish as the previous fishing season. Based
on the disproportionality and profitability
analysis above, this rule if adopted, will not
have a significant economic impact on a
substantial number of these small entities.
As a result, an Initial Regulatory
Flexibility Analysis is not required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 14, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–19309 Filed 8–19–08; 8:45 am]
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49157
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
RIN 0648–AV28
Fisheries in the Western Pacific;
Bottomfish and Seamount Groundfish
Fisheries; Management Measures for
the Northern Mariana Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
SUMMARY: NMFS announces that the
Western Pacific Fishery Management
Council (Council) proposes to amend
the Fishery Management Plan for the
Bottomfish & Seamount Groundfish
Fisheries of the Western Pacific Region.
If approved by the Secretary of
Commerce, Amendment 10 would
establish Federal permitting and
reporting requirements for all
commercial bottomfish fishing in the
U.S. Exclusive Economic Zone (EEZ)
around the Commonwealth of the
Northern Mariana Islands (CNMI). The
amendment would also close waters
within 50 nm (80.5 km) of the southern
CNMI and within 10 nm (18.5 km) of
the northern island of Alamagan to
bottomfish fishing by vessels over 40 ft
(12.2 m) in length, which also would be
required to carry and operate shipboard
vessel monitoring system units, and
whose operators would be required to
submit bottomfish sales reports in
addition to catch reports. The proposed
amendment would ensure adequate
collection of information about the
CNMI bottomfish fishery, provide for
sustained community participation in
the CNMI bottomfish fishery, and
encourage consistent availability of
locally-caught bottomfish to CNMI
consumers. Combined, these measures
are intended to prevent the depletion of
bottomfish stocks in the CNMI, and
sustain the fisheries that depend on
them.
Comments on Amendment 10,
which includes an environmental
assessment, must be received by
October 20, 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
DATES:
E:\FR\FM\20AUP1.SGM
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49158
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules
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 Amendment 10, including
an environmental assessment, are
available from the Council, 1164 Bishop
St., Suite 1400, Honolulu, HI 96813, tel
808–522–8220, fax 808–522–8226, or
www.wpcouncil.org.
Bob
Harman, NMFS PIR, 808–944–2271.
SUPPLEMENTARY INFORMATION: This
Federal Register document is accessible
via the the Office of the Federal Register
website www.gpoaccess.gov/fr.
The bottomfish fishery around the
CNMI is managed under the Fishery
Management Plan for the Bottomfish
and Seamount Groundfish Fisheries of
the Western Pacific Region (Bottomfish
FMP), which was developed by the
Council, and approved and
implemented by NMFS. The Council
has submitted Amendment 10 to NMFS
for review under the Magnuson-Stevens
Fishery Conservation and Management
Act. This notice announces that the
amendment is available for public
review and comment for 60 days. NMFS
will consider public comments received
dwashington3 on PRODPC61 with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
VerDate Aug<31>2005
15:35 Aug 19, 2008
Jkt 214001
during the comment period in
determining whether to approve,
partially approve, or disapprove
Amendment 10.
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
bottomfishes, but some also target deepwater species. The catch from these
small vessels is usually not exported,
but is destined for local markets.
In addition to these small vessels,
vessels over 40 ft (12.2 m) in length also
target deep-water bottomfish at offshore
seamounts and banks. In 2006, there
were six of these larger vessels targeting
bottomfish around the CNMI, and one in
2007. Landings are offloaded on Saipan
and in other CNMI commercial ports,
and are often exported by air to Japan.
The CNMI is 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 (greater than 50 ft (15.2 m))
from bottomfish fishing within 50 miles
(80.5 km) around Guam (71 FR 64474;
November 2, 2006). Without similar
closed areas around the CNMI, operators
of large Guam-based 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
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comprehensively monitor catches and
determine the impacts of the fishery on
the stock(s) being harvested, or to
determine the species composition and
amount of discarded bycatch. Second,
large bottomfish vessels need to harvest
relatively large catches to cover
operational costs. These large catches
could deplete nearshore stocks, which
would threaten sustained community
participation in the bottomfish fishery.
Small vessels would not be able to
continue operating if catch rates were
significantly reduced due to heavy
fishing by the larger vessels. Finally,
traditional patterns of supply and
consumption of bottomfish in the local
community would be disrupted by
reduced community participation and/
or large exports of bottomfish fish from
the CNMI by the operators of the large
vessels.
In response to these concerns, the
Council developed Amendment 10 with
the following objectives: (1) ensure that
adequate information is routinely
collected on the CNMI’s offshore
bottomfish fishery; (2) provide for
sustained community participation in
the CNMI bottomfish fishery; and (3)
encourage the consistent availability of
locally caught deepwater bottomfish to
CNMI markets and consumers.
Public comments on the proposed
amendment must be received by
October 20, 2008 to be considered by
NMFS in the decision to approve,
partially approve, or disapprove the
amendment. A proposed rule to
implement the amendment has been
submitted for Secretarial review and
approval. NMFS expects to publish and
request public comment on the
proposed regulation in the near future.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 14, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–19337 Filed 8–19–08; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Proposed Rules]
[Pages 49157-49158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19337]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
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: Notice of availability of fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Western Pacific Fishery Management
Council (Council) proposes to amend the Fishery Management Plan for the
Bottomfish & Seamount Groundfish Fisheries of the Western Pacific
Region. If approved by the Secretary of Commerce, Amendment 10 would
establish Federal permitting and reporting requirements for all
commercial bottomfish fishing in the U.S. Exclusive Economic Zone (EEZ)
around the Commonwealth of the Northern Mariana Islands (CNMI). The
amendment would also close waters within 50 nm (80.5 km) of the
southern CNMI and within 10 nm (18.5 km) of the northern island of
Alamagan to bottomfish fishing by vessels over 40 ft (12.2 m) in
length, which also would be required to carry and operate shipboard
vessel monitoring system units, and whose operators would be required
to submit bottomfish sales reports in addition to catch reports. The
proposed amendment would ensure adequate collection of information
about the CNMI bottomfish fishery, provide for sustained community
participation in the CNMI bottomfish fishery, and encourage consistent
availability of locally-caught bottomfish to CNMI consumers. Combined,
these measures are intended to prevent the depletion of bottomfish
stocks in the CNMI, and sustain the fisheries that depend on them.
DATES: Comments on Amendment 10, which includes an environmental
assessment, must be received by October 20, 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
[[Page 49158]]
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 Amendment 10, including an environmental assessment, are
available from the 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 accessible
via the the Office of the Federal Register website www.gpoaccess.gov/
fr.
The bottomfish fishery around the CNMI is managed under the Fishery
Management Plan for the Bottomfish and Seamount Groundfish Fisheries of
the Western Pacific Region (Bottomfish FMP), which was developed by the
Council, and approved and implemented by NMFS. The Council has
submitted Amendment 10 to NMFS for review under the Magnuson-Stevens
Fishery Conservation and Management Act. This notice announces that the
amendment is available for public review and comment for 60 days. NMFS
will consider public comments received during the comment period in
determining whether to approve, partially approve, or disapprove
Amendment 10.
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 bottomfishes, but some also target deep-
water species. The catch from these small vessels is usually not
exported, but is destined for local markets.
In addition to these small vessels, vessels over 40 ft (12.2 m) in
length also target deep-water bottomfish at offshore seamounts and
banks. In 2006, there were six of these larger vessels targeting
bottomfish around the CNMI, and one in 2007. Landings are offloaded on
Saipan and in other CNMI commercial ports, and are often exported by
air to Japan.
The CNMI is 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 (greater
than 50 ft (15.2 m)) from bottomfish fishing within 50 miles (80.5 km)
around Guam (71 FR 64474; November 2, 2006). Without similar closed
areas around the CNMI, operators of large Guam-based 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 Guam-based 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 comprehensively
monitor catches and determine the impacts of the fishery on the
stock(s) being harvested, or to determine the species composition and
amount of discarded bycatch. Second, large bottomfish vessels need to
harvest relatively large catches to cover operational costs. These
large catches could deplete nearshore stocks, which would threaten
sustained community participation in the bottomfish fishery. Small
vessels would not be able to continue operating if catch rates were
significantly reduced due to heavy fishing by the larger vessels.
Finally, traditional patterns of supply and consumption of bottomfish
in the local community would be disrupted by reduced community
participation and/or large exports of bottomfish fish from the CNMI by
the operators of the large vessels.
In response to these concerns, the Council developed Amendment 10
with the following objectives: (1) ensure that adequate information is
routinely collected on the CNMI's offshore bottomfish fishery; (2)
provide for sustained community participation in the CNMI bottomfish
fishery; and (3) encourage the consistent availability of locally
caught deepwater bottomfish to CNMI markets and consumers.
Public comments on the proposed amendment must be received by
October 20, 2008 to be considered by NMFS in the decision to approve,
partially approve, or disapprove the amendment. A proposed rule to
implement the amendment has been submitted for Secretarial review and
approval. NMFS expects to publish and request public comment on the
proposed regulation in the near future.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 14, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-19337 Filed 8-19-08; 8:45 am]
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