Fisheries in the Western Pacific; Crustacean Fisheries; Deepwater Shrimp, 70603-70605 [E8-27773]
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Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations
including weekends and Federal
holidays) before the vessel leaves port
on a fishing trip, any part of which
occurs in the EEZ around the Hawaiian
Archipelago or American Samoa. The
vessel operator will be presumed to be
an agent designated by the permit
holder unless the Regional
Administrator is otherwise notified by
the permit holder. The permit holder or
designated agent for a vessel registered
for use under Hawaii longline limited
access permits must also provide
notification of the trip type (either deepsetting or shallow-setting).
(b) The permit holder, or designated
agent, for any vessel registered for use
under a Western Pacific squid jig fishing
permit that is greater than 50 ft (15.4 m)
in length overall, shall provide a notice
to the Regional Administrator at least 72
hours (not including weekends and
Federal holidays) before the vessel
leaves port on a fishing trip, any part of
which occurs in western Pacific EEZ
waters. The vessel operator will be
presumed to be an agent designated by
the permit holder unless the Regional
Administrator is otherwise notified by
the permit holder.
(c) For purposes of this section, the
notice must be provided to the office or
telephone number designated by the
Regional Administrator. The notice
must provide the official number of the
vessel, the name of the vessel, the
intended departure date, time, and
location, the name of the operator of the
vessel, and the name and telephone
number of the permit holder or
designated agent to be available between
8 a.m. and 5 p.m. (local time) on
weekdays for NMFS to contact to
arrange observer placement.
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*
[FR Doc. E8–27775 Filed 11–20–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 070719388–81445–03]
RIN 0648–AV29
dwashington3 on PRODPC61 with RULES
Fisheries in the Western Pacific;
Crustacean Fisheries; Deepwater
Shrimp
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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Jkt 217001
SUMMARY: This final rule implements
Amendment 13 to the Fishery
Management Plan for Crustacean
Fisheries of the Western Pacific Region
(Crustacean FMP). The rule designates
deepwater shrimp of the genus
Heterocarpus as management unit
species (MUS), and requires Federal
permits and data reporting for
deepwater shrimp fishing in Federal
waters of the western Pacific. The final
rule is intended to improve information
on deepwater shrimp fisheries and their
ecosystem impacts, and to provide a
basis for future management of the
fisheries, if needed.
DATES: This final rule is effective
December 22, 2008, except for the
amendments to §§ 665.13, 665.41, and
665.42, which require approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). When OMB approval is
received, the effective date will be
announced in the Federal Register.
ADDRESSES: The Fishery Management
Plan for Crustacean Fisheries of the
Western Pacific Region and Amendment
13 are available from the Western
Pacific Fishery Management Council
(Council), 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, tel 808–522–8220,
fax 808–522–8226, or
www.wpcouncil.org.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to William L.
Robinson, Regional Administrator,
NMFS, Pacific Islands Region (PIR),
1601 Kapiolani Blvd, Suite 1110,
Honolulu, HI 96814–4700, and by email to DavidlRostker@omb.eop.gov,
or fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Brett Wiedoff, NMFS PIR Sustainable
Fisheries Division, 808–944–2272.
SUPPLEMENTARY INFORMATION: This final
rule is accessible at the Office of the
Federal Register’s web site:
www.gpoaccess.gov/fr/.
Crustacean fisheries in the western
Pacific are Federally-managed within
the waters of the U.S. Exclusive
Economic Zone (EEZ) around American
Samoa, the Commonwealth of the
Northern Mariana Islands (CNMI),
Guam, Hawaii, and the Pacific Remote
Island Areas (PRIA, comprising Palmyra
Atoll, Kingman Reef, Jarvis Island,
Baker Island, Howland Island, Johnston
Atoll, Wake Island, and Midway Atoll).
The EEZ around the CNMI and PRIA
extends from the shoreline seaward to
200 nautical miles (nm), and the EEZ
around the other islands extends from
three to 200 nm offshore. Currently, the
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70603
crustaceans FMP management unit
species include the spiny lobsters
Panulirus marginatus and P.
penicillatus, slipper lobsters of the
family Scyllaridae, and Kona (spanner)
crab, Ranina ranina.
Western Pacific commercial trap
fisheries for deepwater shrimp are
intermittent. There have been sporadic
operations in Hawaii since the 1960s,
small-scale fisheries in Guam during the
1970s, and some activity in the CNMI
during the mid–1990s. The fisheries
have been unregulated, and there has
been no comprehensive collection of
information about the fisheries. Most of
these fishing ventures have been shortlived, probably as a result of sometimesfrequent loss of traps, a shrimp product
with a short shelf life and history of
inconsistent quality, and the rapid
localized depletion of deepwater shrimp
stocks leading to low catch rates.
Despite these hurdles, interest in
deepwater shrimp fisheries continues.
Amendment 13 designates deepwater
shrimp of the genus Heterocarpus as
management unit species under the
FMP, and requires Federal permits and
reporting for deepwater shrimp fishing
in the U.S. EEZ. The species complex
includes all eight species of deepwater
shrimp in the western Pacific
(Heterocarpus ensifer, H. laevigatus, H.
sibogae, H. gibbosus, H. lepidus, H.
dorsalis, H. tricarinatus and H.
longirostris). The monitoring program
(permits and logbooks) is intended to
improve understanding of these
fisheries and their impact on marine
ecosystems. Although currently there
are no resource concerns regarding
western Pacific deepwater shrimp, the
designation of these shrimp as
management unit species provides a
basis for management of the fisheries, if
warranted in the future.
In addition to the final rule,
Amendment 13 designates Essential
Fish Habitat (EFH) for Heterocarpus
spp., as required under the MagnusonStevens Act. EFH was designated for the
complete assemblage of adult and
juvenile Heterocarpus as the outer reef
slopes between 300 and 700 meters
surrounding all islands and submerged
banks in EEZ waters of the western
Pacific.
In addition to adding deepwater
shrimp to the management unit, this
final rule reorganizes some existing
regulations relating to the Northwestern
Hawaiian Islands (NWHI) lobster
limited access permit program. These
regulations, now in paragraphs
§ 665.41(a)(1), (a)(3), (a)(4), and
665.41(d), are consolidated into
paragraph § 665.41(d). The regulations
also clarify that the harvest of
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70604
Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations
Changes From the Proposed Rule
dwashington3 on PRODPC61 with RULES
crustacean management unit species
within the NWHI Marine National
Monument is subject to the
requirements of 50 CFR part 404.
Additional background information
on this final rule may be found in the
preamble to the proposed rule
published on August 22, 2008 (73 FR
49638), and is not repeated here.
There are no changes from the
proposed rule.
Classification
Comments and Responses
On August 14, 2008, NMFS published
a notice of availability and request for
public comment on Amendment 13,
including a Draft Environmental
Assessment (73 FR 47577). The
amendment comment period ended on
October 14, 2008. On August 28, 2008,
NMFS published a proposed rule (73 FR
50751) that would implement the
management measures recommended by
the Council in Amendment 13. The
proposed rule comment period ended
on October 6, 2008. NMFS received
comments from the public, and
responds as follows:
Comment 1: ‘‘Ghost fishing,’’ or
harvesting by traps that are lost and left
on the fishing grounds, can be a
problem when traps are lost, and
modifications to trap design can lessen
or eliminate the problem of ghost
fishing by lost traps. Is trap design
considered in this rule?
Response: The final rule does not
specify trap design or fishing operations
to reduce the potential for ghost fishing.
The rule establishes deepwater shrimp
as a management unit species, and
implements permitting and data
collection programs. These measures
will ensure that quality information is
collected about the fishery, including
gear loss, and will establish a
foundation for regulating the fishery, if
needed in the future. If the information
indicates that gear loss and resulting
ghost fishing are significant problems,
the Council and NMFS could consider
measures to mitigate the problem, as
necessary.
Comment 2: If these deepwater
shrimp are found as deep as 800 m, and
if the highest catches of deepwater
shrimp in the NWHI were made at 500–
800 m, why is Essential Fish Habitat
(EFH) being established by Amendment
13 only to a lower depth limit of 700 m?
Response: Certain habitat is being
designated as ‘‘essential’’ for the
complete assemblage of adults and
juveniles of all eight species; there may
be individuals or species that are found
and harvested shallower or deeper. As
new information about these species
and the fishery that targets them
becomes available, the Council and
NMFS may reconsider the EFH
designations.
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The Regional Administrator, Pacific
Islands Region, NMFS, determined that
Crustaceans FMP Amendment 13 is
necessary for the conservation and
management of the deepwater shrimp
fishery, and that it is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Council for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule contains collection-ofinformation requirements subject to the
PRA. These requirements have not yet
been approved by OMB, but such
approval is expected in the near future.
NMFS will publish a notice when these
requirements are cleared by OMB and
are, therefore, effective (see DATES).
NMFS anticipates that initial permit
applications would require 0.5 hours
per applicant, with renewals requiring
an additional 0.5 hours annually. It is
estimated that NMFS may receive and
process up to 10 permit applications
each year. Thus, the total collection-ofinformation burden to fishermen for
permit applications is estimated at five
(5) hours per year. The cost for
individual Federal permits has not been
determined, but would represent only
the administrative cost and is
anticipated to be approximately $30 per
permit.
NMFS anticipates the time
requirement to complete Federal catch
reports to be approximately 10 minutes
per vessel per fishing day. Assuming
that 10 vessels fish up to 100 days per
year, the total collection-of-information
burden estimate for fishing data
reporting is estimated at 167 hours per
year. Send comments regarding these
burden estimates or any other aspect of
this data collection, including
suggestions for reducing the burden, to
William L. Robinson (see ADDRESSES),
and by e-mail to
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DavidlRostker@omb.eop.gov or fax to
202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 665
Administrative practice and
procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Hawaiian
Natives, Northern Mariana Islands,
Pacific remote island areas, Reporting
and recordkeeping requirements.
Dated: November 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 665 is amended
as follows:
■
PART 665—FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for 50 CFR
part 665 continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 665.12, revise the definition of
‘‘Crustaceans management unit species’’
to read as follows:
■
§ 665.12
Definitions.
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Crustaceans management unit species
means the following crustaceans:
Common Name
Scientific Name
Spiny lobsters
Panulirus marginatus .....
P. penicillatus.
family Scyllaridae.
Ranina ranina.
Heterocarpus spp..
Slipper lobsters
Kona crab
Deepwater shrimp
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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.
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(f) * * *
(2) * * *
(i) Hawaii longline limited access
permit.
(ii) Mau Zone limited access permit.
(iii) Coral reef ecosystem special
permit.
(iv) American Samoa longline limited
access permit.
(v) Main Hawaiian Islands noncommercial bottomfish permit.
(vi) Crustaceans permit.
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Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations
4. In § 665.41, revise paragraphs (a)
and (d) to read as follows:
■
§ 665.41
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Permits.
(a) Applicability. (1) The owner of any
vessel used to fish for lobster in
Crustaceans Permit Area 1 must have a
lobster limited access permit issued for
such vessel.
(2) The owner of any vessel used to
fish for lobster in Crustaceans Permit
Areas 2, 3, or 4 must have a permit
issued for that vessel.
(3) The owner of any vessel used to
fish for deepwater shrimp in
Crustaceans Permit Areas 1, 2, 3, or 4
must have a permit issued for that
vessel.
(4) Harvest of crustacean management
unit species within the Northwestern
Hawaiian Islands Marine National
Monument is subject to the
requirements of 50 CFR part 404.
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(d) Lobster Limited Access Permit
Requirements.
(1) A lobster limited access permit is
valid for fishing only in Crustaceans
Permit Area 1.
(2) Only one permit will be assigned
to any vessel.
(3) No vessel owner will have permits
for a single vessel to harvest lobsters in
Permit Areas 1 and 2 at the same time.
(4) A maximum of 15 limited access
permits can be valid at any time.
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5. In § 665.42, add a new paragraph (c)
to read as follows.
■
§ 665.42
Prohibitions.
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(c) In any Crustaceans Permit Area, it
is unlawful for any person to:
(1) Fish for, take, or retain deepwater
shrimp without a permit issued under
§ 665.41.
(2) Falsify or fail to make, keep,
maintain, or submit Federal reports and
records of harvests of deepwater shrimp
as required under § 665.14.
[FR Doc. E8–27773 Filed 11–20–08; 8:45 am]
dwashington3 on PRODPC61 with RULES
BILLING CODE 3510–22–S
VerDate Aug<31>2005
13:31 Nov 20, 2008
Jkt 217001
50 CFR Part 679
[Docket No. 071106671–8010–02]
RIN 0648–XL92
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
AGENCY:
SUMMARY: NMFS is opening directed
fishing for northern rockfish in the
Western Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to fully use the 2008 total allowable
catch (TAC) of northern rockfish in the
Western Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), November 18, 2008,
through 2400 hrs, A.l.t., December 31,
2008. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., December 3, 2008.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by ‘‘RIN 0648–
XL92,’’ by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
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70605
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the Magnuson–
Stevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS closed the directed fishery for
northern rockfish in the Western
Regulatory Area of the GOA on October
6, 2008 (73 FR 58899, October 8, 2008).
NMFS has determined that
approximately 258 mt of the 2008 TAC
of northern rockfish in the Western
Regulatory Area of the GOA remain in
the directed fishing allowance.
Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the
2008 TAC of northern rockfish in the
Western Regulatory Area of the GOA,
NMFS is terminating the previous
closure and is reopening directed
fishing for northern rockfish in the
Western Regulatory Area of the GOA.
The opening is effective 1200 hrs, A.l.t.,
November 18, 2008, through 2400 hrs,
A.l.t., December 31, 2008.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA) finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such a requirement
is impracticable and contrary to the
public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the opening of the northern
rockfish fishery in the Western
Regulatory Area of the GOA. Immediate
notification is necessary to allow for the
orderly conduct and efficient operation
of this fishery, to allow the industry to
plan for the fishing season, and to avoid
potential disruption to the fishing fleet
and processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of November 13, 2008.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
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]]>Agencies
[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Rules and Regulations]
[Pages 70603-70605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27773]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 070719388-81445-03]
RIN 0648-AV29
Fisheries in the Western Pacific; Crustacean Fisheries; Deepwater
Shrimp
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements Amendment 13 to the Fishery
Management Plan for Crustacean Fisheries of the Western Pacific Region
(Crustacean FMP). The rule designates deepwater shrimp of the genus
Heterocarpus as management unit species (MUS), and requires Federal
permits and data reporting for deepwater shrimp fishing in Federal
waters of the western Pacific. The final rule is intended to improve
information on deepwater shrimp fisheries and their ecosystem impacts,
and to provide a basis for future management of the fisheries, if
needed.
DATES: This final rule is effective December 22, 2008, except for the
amendments to Sec. Sec. 665.13, 665.41, and 665.42, which require
approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA). When OMB approval is received, the
effective date will be announced in the Federal Register.
ADDRESSES: The Fishery Management Plan for Crustacean Fisheries of the
Western Pacific Region and Amendment 13 are available from the Western
Pacific Fishery Management Council (Council), 1164 Bishop St., Suite
1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or
www.wpcouncil.org.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to William L. Robinson, Regional
Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Blvd,
Suite 1110, Honolulu, HI 96814-4700, and by e-mail to David_
Rostker@omb.eop.gov, or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, NMFS PIR Sustainable
Fisheries Division, 808-944-2272.
SUPPLEMENTARY INFORMATION: This final rule is accessible at the Office
of the Federal Register's web site: www.gpoaccess.gov/fr/.
Crustacean fisheries in the western Pacific are Federally-managed
within the waters of the U.S. Exclusive Economic Zone (EEZ) around
American Samoa, the Commonwealth of the Northern Mariana Islands
(CNMI), Guam, Hawaii, and the Pacific Remote Island Areas (PRIA,
comprising Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island,
Howland Island, Johnston Atoll, Wake Island, and Midway Atoll). The EEZ
around the CNMI and PRIA extends from the shoreline seaward to 200
nautical miles (nm), and the EEZ around the other islands extends from
three to 200 nm offshore. Currently, the crustaceans FMP management
unit species include the spiny lobsters Panulirus marginatus and P.
penicillatus, slipper lobsters of the family Scyllaridae, and Kona
(spanner) crab, Ranina ranina.
Western Pacific commercial trap fisheries for deepwater shrimp are
intermittent. There have been sporadic operations in Hawaii since the
1960s, small-scale fisheries in Guam during the 1970s, and some
activity in the CNMI during the mid-1990s. The fisheries have been
unregulated, and there has been no comprehensive collection of
information about the fisheries. Most of these fishing ventures have
been short-lived, probably as a result of sometimes-frequent loss of
traps, a shrimp product with a short shelf life and history of
inconsistent quality, and the rapid localized depletion of deepwater
shrimp stocks leading to low catch rates. Despite these hurdles,
interest in deepwater shrimp fisheries continues.
Amendment 13 designates deepwater shrimp of the genus Heterocarpus
as management unit species under the FMP, and requires Federal permits
and reporting for deepwater shrimp fishing in the U.S. EEZ. The species
complex includes all eight species of deepwater shrimp in the western
Pacific (Heterocarpus ensifer, H. laevigatus, H. sibogae, H. gibbosus,
H. lepidus, H. dorsalis, H. tricarinatus and H. longirostris). The
monitoring program (permits and logbooks) is intended to improve
understanding of these fisheries and their impact on marine ecosystems.
Although currently there are no resource concerns regarding western
Pacific deepwater shrimp, the designation of these shrimp as management
unit species provides a basis for management of the fisheries, if
warranted in the future.
In addition to the final rule, Amendment 13 designates Essential
Fish Habitat (EFH) for Heterocarpus spp., as required under the
Magnuson-Stevens Act. EFH was designated for the complete assemblage of
adult and juvenile Heterocarpus as the outer reef slopes between 300
and 700 meters surrounding all islands and submerged banks in EEZ
waters of the western Pacific.
In addition to adding deepwater shrimp to the management unit, this
final rule reorganizes some existing regulations relating to the
Northwestern Hawaiian Islands (NWHI) lobster limited access permit
program. These regulations, now in paragraphs Sec. 665.41(a)(1),
(a)(3), (a)(4), and 665.41(d), are consolidated into paragraph Sec.
665.41(d). The regulations also clarify that the harvest of
[[Page 70604]]
crustacean management unit species within the NWHI Marine National
Monument is subject to the requirements of 50 CFR part 404.
Additional background information on this final rule may be found
in the preamble to the proposed rule published on August 22, 2008 (73
FR 49638), and is not repeated here.
Comments and Responses
On August 14, 2008, NMFS published a notice of availability and
request for public comment on Amendment 13, including a Draft
Environmental Assessment (73 FR 47577). The amendment comment period
ended on October 14, 2008. On August 28, 2008, NMFS published a
proposed rule (73 FR 50751) that would implement the management
measures recommended by the Council in Amendment 13. The proposed rule
comment period ended on October 6, 2008. NMFS received comments from
the public, and responds as follows:
Comment 1: ``Ghost fishing,'' or harvesting by traps that are lost
and left on the fishing grounds, can be a problem when traps are lost,
and modifications to trap design can lessen or eliminate the problem of
ghost fishing by lost traps. Is trap design considered in this rule?
Response: The final rule does not specify trap design or fishing
operations to reduce the potential for ghost fishing. The rule
establishes deepwater shrimp as a management unit species, and
implements permitting and data collection programs. These measures will
ensure that quality information is collected about the fishery,
including gear loss, and will establish a foundation for regulating the
fishery, if needed in the future. If the information indicates that
gear loss and resulting ghost fishing are significant problems, the
Council and NMFS could consider measures to mitigate the problem, as
necessary.
Comment 2: If these deepwater shrimp are found as deep as 800 m,
and if the highest catches of deepwater shrimp in the NWHI were made at
500-800 m, why is Essential Fish Habitat (EFH) being established by
Amendment 13 only to a lower depth limit of 700 m?
Response: Certain habitat is being designated as ``essential'' for
the complete assemblage of adults and juveniles of all eight species;
there may be individuals or species that are found and harvested
shallower or deeper. As new information about these species and the
fishery that targets them becomes available, the Council and NMFS may
reconsider the EFH designations.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
The Regional Administrator, Pacific Islands Region, NMFS,
determined that Crustaceans FMP Amendment 13 is necessary for the
conservation and management of the deepwater shrimp fishery, and that
it is consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains collection-of-information requirements
subject to the PRA. These requirements have not yet been approved by
OMB, but such approval is expected in the near future. NMFS will
publish a notice when these requirements are cleared by OMB and are,
therefore, effective (see DATES).
NMFS anticipates that initial permit applications would require 0.5
hours per applicant, with renewals requiring an additional 0.5 hours
annually. It is estimated that NMFS may receive and process up to 10
permit applications each year. Thus, the total collection-of-
information burden to fishermen for permit applications is estimated at
five (5) hours per year. The cost for individual Federal permits has
not been determined, but would represent only the administrative cost
and is anticipated to be approximately $30 per permit.
NMFS anticipates the time requirement to complete Federal catch
reports to be approximately 10 minutes per vessel per fishing day.
Assuming that 10 vessels fish up to 100 days per year, the total
collection-of-information burden estimate for fishing data reporting is
estimated at 167 hours per year. Send comments regarding these burden
estimates or any other aspect of this data collection, including
suggestions for reducing the burden, to William L. Robinson (see
ADDRESSES), and by e-mail to David_Rostker@omb.eop.gov or fax to 202-
395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands,
Pacific remote island areas, Reporting and recordkeeping requirements.
Dated: November 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for 50 CFR part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.12, revise the definition of ``Crustaceans management
unit species'' to read as follows:
Sec. 665.12 Definitions.
* * * * *
Crustaceans management unit species means the following
crustaceans:
------------------------------------------------------------------------
Common Name Scientific Name
------------------------------------------------------------------------
Spiny lobsters Panulirus marginatus
P. penicillatus
Slipper lobsters family Scyllaridae
Kona crab Ranina ranina
Deepwater shrimp Heterocarpus spp.
------------------------------------------------------------------------
* * * * *
0
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) * * *
(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) Crustaceans permit.
* * * * *
[[Page 70605]]
0
4. In Sec. 665.41, revise paragraphs (a) and (d) to read as follows:
Sec. 665.41 Permits.
(a) Applicability. (1) The owner of any vessel used to fish for
lobster in Crustaceans Permit Area 1 must have a lobster limited access
permit issued for such vessel.
(2) The owner of any vessel used to fish for lobster in Crustaceans
Permit Areas 2, 3, or 4 must have a permit issued for that vessel.
(3) The owner of any vessel used to fish for deepwater shrimp in
Crustaceans Permit Areas 1, 2, 3, or 4 must have a permit issued for
that vessel.
(4) Harvest of crustacean management unit species within the
Northwestern Hawaiian Islands Marine National Monument is subject to
the requirements of 50 CFR part 404.
* * * * *
(d) Lobster Limited Access Permit Requirements.
(1) A lobster limited access permit is valid for fishing only in
Crustaceans Permit Area 1.
(2) Only one permit will be assigned to any vessel.
(3) No vessel owner will have permits for a single vessel to
harvest lobsters in Permit Areas 1 and 2 at the same time.
(4) A maximum of 15 limited access permits can be valid at any
time.
* * * * *
0
5. In Sec. 665.42, add a new paragraph (c) to read as follows.
Sec. 665.42 Prohibitions.
* * * * *
(c) In any Crustaceans Permit Area, it is unlawful for any person
to:
(1) Fish for, take, or retain deepwater shrimp without a permit
issued under Sec. 665.41.
(2) Falsify or fail to make, keep, maintain, or submit Federal
reports and records of harvests of deepwater shrimp as required under
Sec. 665.14.
[FR Doc. E8-27773 Filed 11-20-08; 8:45 am]
BILLING CODE 3510-22-S
