Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Management Measures for the Northern Mariana Islands, 51992-52000 [E8-20774]
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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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
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AGENCY:
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
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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
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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
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bottomfish fishery; (2) provide for
sustained community participation; and
(3) encourage the consistent availability
of locally-caught deepwater bottomfish
to CNMI markets and consumers.
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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
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(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,
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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.
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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
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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
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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
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Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules
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
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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 -
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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
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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
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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.,
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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.
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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
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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.
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Fmt 4702
Sfmt 4702
51997
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.
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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
Common name
Longtail snapper
Pink snapper
sroberts on PROD1PC70 with PROPOSALS
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:
Local name
*
*
Onaga, ula’ula (H); palu-loa (S)
*
*
Opakapaka (H); palu-ena ’ena (S);
*
*
*
*
*
*
*
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
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Natives, Northern Mariana Islands,
Reporting and recordkeeping
requirements.
17:57 Sep 05, 2008
Jkt 214001
*
Scientific name
*
*
*
*
gadao (G)
*
*
*
Etelis coruscans.
Pristipomoides filamentosus.
*
Pacific pelagic management unit species
taken by other vessels using longline
gear.
*
*
*
*
*
Seamount groundfish means the
following species:
Common
name
Armorhead
*
*
Scientific name
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.
*
*
*
*
*
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Fmt 4702
Sfmt 4702
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.
*
*
*
*
*
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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.
*
*
*
*
*
sroberts on PROD1PC70 with PROPOSALS
§ 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
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17:57 Sep 05, 2008
Jkt 214001
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
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Sfmt 4702
51999
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).
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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.
sroberts on PROD1PC70 with PROPOSALS
(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.
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17:57 Sep 05, 2008
Jkt 214001
(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
GU–1–A
GU–1–B
GU–1–C
GU–1–D
GU–1–E
GU–1–F
GU–1–G
GU–1–H
GU–1–I
GU–1–A
PO 00000
Frm 00057
N. lat.
14°16′
13°50′
13°17′
12°50′
12°30′
12°25′
12°57′
13°12′
13°29′44″
14°16′
Fmt 4702
E. long.
144°17′
143°52′
143°46′
143°54′
144°14′
144°51′
145°33′
145°43′
145°48′27″
144°17′
Sfmt 4702
(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
NM–1–A
NM–1–B
NM–1–C
NM–1–D
NM–1–E
NM–1–A
N. lat.
14°9′
16°10′47″
16°10′47″
14°48′
13°27′
14°9′
E. long.
144°15′
145°12′
146°53′
146°33′
145°43′
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
NM–2–A
NM–2–B
NM–2–C
NM–2–D
NM–2–A
N. lat.
17°26′
17°46′
17°46′
17°26′
17°26′
E. long.
145°40′
145°40′
146°00′
146°00′
145°40′
[FR Doc. E8–20774 Filed 9–5–08; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Proposed Rules]
[Pages 51992-52000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20774]
=======================================================================
-----------------------------------------------------------------------
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.
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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 deep-
water 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
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 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
[[Page 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 Guam-CNMI 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
[[Page 51994]]
[GRAPHIC] [TIFF OMITTED] TP08SE08.002
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
[[Page 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 Sec. 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 CNMI-based 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 (Sec. 665.25) would be moved
from the pelagic fishery requirements to the general requirements and
renumbered as Sec. 665.19. Accordingly, the VMS-related prohibitions
found in Sec. 665.22 would also be moved to the general prohibitions
in Sec. 665.15. The VMS-related 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 cross-
reference 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
[[Page 51996]]
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 non-target 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 small-vessel 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.
[[Page 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 small-vessel 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.
[[Page 51998]]
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-of-
information 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 David_Rostker@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 Sec. 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:
Sec. 665.12 Definitions.
* * * * *
Bottomfish management unit species means the following fish:
----------------------------------------------------------------------------------------------------------------
Common name Local name Scientific name
----------------------------------------------------------------------------------------------------------------
* * * * *
Longtail snapper Onaga, ula'ula (H); palu- Etelis coruscans
loa (S)
* * * * *
Pink snapper Opakapaka (H); palu-ena Pristipomoides filamentosus
'ena (S); gadao (G)
* * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
CNMI commercial bottomfish permit means the permit required by
Sec. 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 Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 665.13, revise paragraphs (f)(2)(i) through (f)(2)(v),
and add a new paragraph (f)(2)(vi) to read as follows:
Sec. 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 non-commercial bottomfish permit.
(vi) CNMI commercial bottomfish permit.
* * * * *
[[Page 51999]]
4. In Sec. 665.14, revise paragraphs (a)(1), (a)(2)(i), and (c) to
read as follows:
Sec. 665.14 Reporting and recordkeeping.
(a) Fishing record forms--(1) Applicability. The operator of any
fishing vessel subject to the requirements of Sec. Sec. 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 Sec. Sec. 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 Sec. 665.41, or the owner of a medium or large fishing
vessel subject to the requirements of Sec. 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.
* * * * *
Sec. 665.22 [Amended]
5. Redesignate paragraphs (o) through (u) in Sec. 665.22 as
paragraphs (m) through (s) in Sec. 665.15, and revise newly-
redesignated paragraphs (m) through (s) in Sec. 665.15 to read as
follows:
Sec. 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 Sec.
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 ofSec. 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 Sec. 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 Sec. 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 Sec. 665.19(e)(1).
(r) Interfere with, impede, delay, or prevent access to a VMS unit
by a NMFS observer, in violation of Sec. 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 Sec. 665.19(f).
6. In Sec. 665.16, add new paragraph (e)(2) to read as follows:
Sec. 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.
Sec. 665.25 [Redesignated as Sec. 665.19]
7. Redesignate Sec. 665.25 as new Sec. 665.19, and revise newly-
redesignated Sec. 665.19 to read as follows:
Sec. 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 Sec.
665.21(b);
(2) American Samoa longline limited entry permit, for vessel size
Class C or D, issued pursuant to Sec. 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 toSec. 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 non-operational 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 Sec. 665.61, add new paragraph (a)(5) to read as follows:
Sec. 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 Sec. 665.62, add paragraphs (o) through (r) to read as
follows:
Sec. 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 Sec. 665.61(a)(5).
[[Page 52000]]
(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 Sec. 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 Sec. 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 Sec. 665.70(b).
(r) Falsify or fail to make, keep, maintain, or submit a Federal
logbook as required under Sec. 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 Sec.
665.14(a).
10. In Sec. 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:
Sec. 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 Sec. 665.70 to read as follows:
Sec. 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[deg]16' 144[deg]17'
GU-1-B 13[deg]50' 143[deg]52'
GU-1-C 13[deg]17' 143[deg]46'
GU-1-D 12[deg]50' 143[deg]54'
GU-1-E 12[deg]30' 144[deg]14'
GU-1-F 12[deg]25' 144[deg]51'
GU-1-G 12[deg]57' 145[deg]33'
GU-1-H 13[deg]12' 145[deg]43'
GU-1-I 13[deg]29'44'' 145[deg]48'27''
GU-1-A 14[deg]16' 144[deg]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[deg]9' 144[deg]15'
NM-1-B 16[deg]10'47'' 145[deg]12'
NM-1-C 16[deg]10'47'' 146[deg]53'
NM-1-D 14[deg]48' 146[deg]33'
NM-1-E 13[deg]27' 145[deg]43'
NM-1-A 14[deg]9' 144[deg]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[deg]26' 145[deg]40'
NM-2-B 17[deg]46' 145[deg]40'
NM-2-C 17[deg]46' 146[deg]00'
NM-2-D 17[deg]26' 146[deg]00'
NM-2-A 17[deg]26' 145[deg]40'
------------------------------------------------------------------------
[FR Doc. E8-20774 Filed 9-5-08; 8:45 am]
BILLING CODE 3510-22-S