Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Management Measures for the Northern Mariana Islands, 75615-75622 [E8-29512]
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Rules and Regulations
take reduction plan to protect North
Atlantic right whales.
Environmental Assessments for the
DAM program were prepared on
December 28, 2001, and August 6, 2003.
This action falls within the scope of the
analyses of these EAs, which are
available from the agency upon request.
NMFS provided prior notice and an
opportunity for public comment on the
regulations establishing the criteria and
procedures for implementing a DAM
zone. Providing prior notice and
opportunity for comment on this action,
pursuant to those regulations, would be
impracticable because it would prevent
NMFS from executing its functions to
protect and reduce serious injury and
mortality of endangered right whales.
The regulations establishing the DAM
program are designed to enable the
agency to help protect unexpected
concentrations of right whales. In order
to meet the goals of the DAM program,
the agency needs to be able to create a
DAM zone and implement restrictions
on fishing gear as soon as possible once
the criteria are triggered and NMFS
determines that a DAM restricted zone
is appropriate. If NMFS were to provide
prior notice and an opportunity for
public comment upon the creation of a
DAM restricted zone, the aggregated
right whales would be vulnerable to
entanglement which could result in
serious injury and mortality.
Additionally, the right whales would
most likely move on to another location
before NMFS could implement the
restrictions designed to protect them,
thereby rendering the action obsolete.
Therefore, pursuant to 5 U.S.C.
553(b)(B), the AA finds that good cause
exists to waive prior notice and an
opportunity to comment on this action
to implement a DAM restricted zone to
reduce the risk of entanglement of
endangered right whales in commercial
lobster trap/pot and anchored gillnet
gear as such procedures would be
impracticable.
For the same reasons, the AA finds
that, under 5 U.S.C. 553(d)(3), good
cause exists to waive the 30–day delay
in effective date. If NMFS were to delay
for 30 days the effective date of this
action, the aggregated right whales
would be vulnerable to entanglement,
which could cause serious injury and
mortality. Additionally, right whales
would likely move to another location
between the time NMFS approved the
action creating the DAM restricted zone
and the time it went into effect, thereby
rendering the action obsolete and
ineffective. Nevertheless, NMFS
recognizes the need for fishermen to
have time to either modify or remove (if
not in compliance with the required
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restrictions) their gear from a DAM zone
once one is approved. Thus, NMFS
makes this action effective 2 days after
the date of publication of this document
in the Federal Register. NMFS will also
endeavor to provide notice of this action
to fishermen through other means upon
issuance of the rule by the AA, thereby
providing approximately 3 additional
days of notice while the Office of the
Federal Register processes the
document for publication.
NMFS determined that the regulations
establishing the DAM program and
actions such as this one taken pursuant
to those regulations are consistent to the
maximum extent practicable with the
enforceable policies of the approved
coastal management program of the U.S.
Atlantic coastal states. This
determination was submitted for review
by the responsible state agencies under
section 307 of the Coastal Zone
Management Act. Following state
review of the regulations creating the
DAM program, no state disagreed with
NMFS’ conclusion that the DAM
program is consistent to the maximum
extent practicable with the enforceable
policies of the approved coastal
management program for that state.
The DAM program under which
NMFS is taking this action contains
policies with federalism implications
warranting preparation of a federalism
assessment under Executive Order
13132. Accordingly, in October 2001
and March 2003, the Assistant Secretary
for Intergovernmental and Legislative
Affairs, Department of Commerce,
provided notice of the DAM program
and its amendments to the appropriate
elected officials in states to be affected
by actions taken pursuant to the DAM
program. Federalism issues raised by
state officials were addressed in the
final rules implementing the DAM
program. A copy of the federalism
Summary Impact Statement for the final
rules is available upon request
(ADDRESSES).
The rule implementing the DAM
program has been determined to be not
significant under Executive Order
12866.
Authority: 16 U.S.C. 1361 et seq. and 50
CFR 229.32(g)(3)
Dated: December 8, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–29493 Filed 12–9–08; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 070720390–81459–03]
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: Final rule.
SUMMARY: This final rule establishes
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 final rule
also closes certain EEZ waters around
the CNMI to bottomfish fishing by
vessels over 40 ft (12.2 m) in length.
Vessel monitoring system units must be
installed on those larger vessels when
fishing in EEZ waters around the CNMI,
and the operators of those larger vessels
will be required to submit Federal sales
reports in addition to catch reports. This
final 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: This final rule is effective
January 12, 2009, except for the
revisions to §§ 665.14, 665.19(a)(4), and
665.61, 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 Bottomfish and Seamount
Groundfish Fisheries of the Western
Pacific Region and 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.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
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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, 808–944–
2272.
SUPPLEMENTARY INFORMATION: This
Federal Register notice is also
accessible at the Office of the Federal
Register’s web site: www.gpoaccess.gov/
fr/.
Bottomfish in CNMI nearshore waters
are caught in subsistence, recreational,
and small-scale commercial fisheries.
Vessels are typically small (less than 25
ft (7.6 m)), and fishing is more frequent
in summer months when weather and
sea conditions are calm. 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, or 12.2 m, in
length) also target deep-water
bottomfish at offshore seamounts and
banks. Catch from these large vessels
does not always enter local markets as
a food supply for CNMI residents. It is
also possible for large bottomfish vessels
based in Guam to travel to fishing
grounds within U.S. EEZ waters around
the CNMI. Larger-vessel fisheries could
result in excessive fishing pressure on
bottomfish stocks at nearshore banks,
potentially threatening both the fish
stocks and the fisheries that have
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historically been dependent on these
resources.
Several other issues regarding
bottomfish fishing in the CNMI have
been noted. 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.
This final rule will 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 will not be restricted, and
permits will be renewable on an annual
basis.
This final rule will require the
operators of all commercial bottomfish
vessels to complete and submit Federal
catch reports. In addition to the fishing
logbook, vessels over 40 ft (12.2 m)
fishing for bottomfish in the CNMI will
be required to complete and submit
Federal sales reports for the bottomfish
that they sell.
This final rule will close certain EEZ
waters around the CNMI to bottomfish
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fishing by vessels over 40 ft (12.2 m).
The closed areas 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 are defined
by straight lines for clarity and to
facilitate enforcement.
Transshipping bottomfish will be
allowed within the closed areas. This
could facilitate delivery of bottomfish to
local and other markets, and provide a
potential revenue source other than, or
in addition to, fishing. Vessels that
transship their catches offshore can
remain at sea for longer periods of time,
thereby improving operational
efficiency and reducing transit costs.
Any vessel commercially receiving
bottomfish fish or fish products from a
fishing vessel will be required to be
registered with a valid CNMI
commercial bottomfish permit, and the
operator will be required to report any
bottomfish transshipping activity in the
Federal fishing logbook forms.
Commercial CNMI bottomfish vessels
over 40 ft (12.2 m) are required to be
marked in compliance with current
Federal vessel identification
requirements, but the final rule exempts
CNMI-based commercial bottomfish
vessels from the Federal vessel
identification requirements if the
vessels are less than 40 ft (12.2 m) in
length and in compliance with CNMI
vessel registration and marking
requirements.
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Shipboard vessel monitoring system
(VMS) units will 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. To date, the regional
requirements for VMS in 50 CFR 665
have applied only to pelagic longline
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fishing, so the requirements are located
in the pelagic fisheries section of the
regulations. (The VMS requirements for
the Northwestern Hawaiian Islands
bottomfish fishery are found in 50 CFR
404.5 and are not affected by this final
rule.) Because the final rule adds VMS
requirements for bottomfish fishing, the
section regarding the vessel monitoring
system (§ 665.25) is moved from the
pelagic fishery requirements to the
general requirements and renumbered
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as § 665.19. Accordingly, the VMSrelated prohibitions found in § 665.22
are also moved to the general
prohibitions in § 665.15. The VMSrelated requirements are also 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
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revised to include the species, which
was inadvertently omitted from the
definition. The spellings of local names
of the longtail and pink snappers are
also corrected. In the definition of
receiving vessel permit, the crossreference to receiving vessel permits for
pelagic longlining is corrected to the
proper paragraph.
Additional background information
on this final rule may be found in the
preamble to the proposed rule
published on September 8, 2008 (73 FR
51992), and is not repeated here.
Comments and Responses
On September 20, 2008, NMFS
published a notice of availability and
request for public comments on
Amendment 10, including a Draft
Environmental Assessment (73 FR
49157). The amendment comment
period ended on October 20, 2008. On
September 8, 2008, NMFS published a
proposed rule (73 FR 51992) that would
implement the management measures
recommended by the Council in
Amendment 10. The proposed rule
comment period ended on October 23,
2008. NMFS received public comment
regarding the EA and proposed rule, and
responds as follows:
Comment 1: The initial permit fee
should be $100 per vessel to cover and
sustain administrative costs.
Response: 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. At the time the
rule was proposed, NMFS had
preliminarily determined that a permit
fee of up to $80 was appropriate.
However, more information about the
fishery and administrative costs of
issuing permits indicates that the actual
fee is expected to be approximately $40,
and will be specified on the permit
application form.
Changes From the Proposed Rule
There are no changes from the
proposed rule.
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Classification
The Regional Administrator has
determined that the Bottomfish FMP
Amendment 10 is necessary for the
conservation and management of
bottomfish and seamount groundfish
and that it is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and other
applicable laws.
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This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS prepared a final regulatory
flexibility analysis (FRFA). The FRFA
incorporates the initial regulatory flexibility
analysis (IRFA) prepared in support of the
proposed rule, and the analyses completed to
support the action. A summary is provided,
as follows. (The preamble to the proposed
rule included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated in its entirety
here.)
The need for agency action and the
objectives of the action are explained in the
preambles to the proposed rule and final
rule. While no comments were received
specifically on the IRFA, one comment was
received on the administrative cost of the
permit. NMFS responded to that comment in
the preamble of the final rule, and no
changes were made to the FRFA as a result
of the comment.
Description of Small Entities to Which the
Rule Would Apply
The preferred alternative would apply to
all vessels commercially fishing for
bottomfish in EEZ waters around the CNMI.
Given an annual average of 58 known
commercial fish harvesting vessels from
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/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 with Economic
Impacts on Small Businesses
Alternative 1 - No Action.
In the short term, fishing operations would
be expected to continue their 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 fishing operations would still
have access to offshore fishing areas, but
smaller vessels would not and would likely
see bigger losses. Operators of 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 troll or handline). Whether they
would be able to recoup their lost bottomfish
income or not is unclear, but a disruption of
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the nearshore bottomfish fishery would
represent a reduction in their portfolio of
fishing opportunities.
Alternative 2 - Prohibit commercial fishing
for 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 is more positive than
Alternative 1 for small-vessel commercial,
recreational, and charter fishery participants
by somewhat 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 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 over 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 Marianas
Archipelago. 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 within
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 vessels active within 50 nm (80.5
km) of the Northern Islands, though none are
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 the Saipan. Thus, Alternative 2
would have greater potential than Alternative
1 for controlling the risk of local depletion
of areas around Saipan that are fished by
small-scale fishermen. A chain of seamounts
parallels the Marianas Archipelago nearly
200 nm (370 km) to the west. Some of these
seamounts rise to shallow depths, but this
chain is poorly charted and the amount of
associated bottomfish habitat is not known.
Whether large vessels would invest time and
money in exploring this chain for bottomfish
fishing 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.
This alternative would require the
operators of CNMI-based vessels larger than
50 ft (15.2 m) in length commercially fishing
for bottomfish in EEZ waters around the
CNMI to obtain Federal 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
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permit applications would require 0.5 hr per
applicant, with renewals requiring an
additional 0.5 hr annually. The fee for
Federal permits is expected to be
approximately $40 and will be specified in
the permit application. This represents
approximately 1.7 percent of revenues earned
by individuals 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 vessels less
than or equal to 40 feet that target onaga.
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 largescale commercial onaga fishing operations.
Economic impacts on these large-scale
operations 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 vessels greater than 40 ft (12.2 m)
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 be likely to have a
positive economic impact on catch rates and
ex-vessel revenues for fishery participants
with a documented history of bottomfish
fishing in the 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 waters
beyond 3 nm around the CNMI to obtain
Federal 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 Federal permits is
expected to be approximately $40 and will be
specified in the permit application. This
represents approximately 1.7 percent of
revenues earned by individuals 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
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beyond the ability to read and write in
English would be required to fill out the
permit application or logbooks.
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 medium/
large vessels 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 both medium and large commercial
bottomfish vessels over 40 feet (12.2 m) in
length would be prohibited from fishing
around Saipan and Alamagan. The general
absence of medium/large vessels from the
recent fishery suggests that the area is not
optimal for the profitability of these vessels
and fishing in the restricted area may be
more opportunistic than planned. Therefore,
restricting medium/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 waters
around the CNMI to obtain Federal 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
Federal permits has not been determined, but
it may be approximately $40. This represents
approximately 1.7 percent of revenues earned
by individuals 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 fill out the permit application, logbooks,
or sales reports.
Steps Taken by the Agency to Minimize
Adverse Impacts
Choosing the no-action alternative would
yield no economic impact and would be
preferred by the potentially impacted vessels.
However, the no-action alternative could
result in excessive fishing pressure and, in
the worst-case scenario, contribute to
overfishing which is inconsistent with the
Magnuson-Stevens Act. All other alternatives
would be more restrictive and would yield
more adverse economic impact than the
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preferred alternative. Therefore, NMFS
concludes that the preferred alternative best
minimizes the economic impacts on small
entities consistent with the objectives of the
Magnuson-Stevens Act and this rulemaking.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996
states that for each rule or group of related
rules for which an agency is required to
prepare a FRFA, the agency shall publish one
or more guides to assist small entities in
complying with the rule, and shall designate
such publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is required
to take to comply with a rule or group of
rules. As part of this rulemaking process, a
small entity compliance guide was prepared
and will be provided to affected small
entities. In addition, copies of this final rule
and the guide are available from the William
L. Robinson(see ADDRESSES) and from
www.fpir.noaa.gov.
This final rule contains collection-ofinformation requirements subject to the
PRA. These requirements have been
submitted to OMB for approval. NMFS
will publish a notice when these
requirements have been approved by
OMB and are effective (see DATES).
Permit eligibility would not be
restricted in any way, and the permit
would be renewable on an annual basis.
The initial permit applications will
require 0.5 hr per applicant, with
renewals requiring an additional 0.5 hr
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 determined that a permit fee
of up to $80 is appropriate to cover the
administrative costs of the permit. The
fee is expected to be approximately $40
and will be specified in the permit
application.
The final rule will 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
time requirement to complete Federal
catch reports is 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
will 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.
The final rule will also require the
operators of medium and large
commercial bottomfish vessels to
complete and submit Federal sales
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reports. The time requirement for
completing Federal sales reports is
approximately 35 minutes per vessel per
fishing trip. Assuming six medium and
large vessels make 15 trips per year, the
program will 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.
Send comments on these or any other
aspects of the collection of information
to William L. Robinson (see ADDRESSES),
and by email to
DavidlRostker@omb.eop.gov or by fax
to 202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 665
Administrative practice and
procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Hawaiian
Natives, Northern Mariana Islands,
Reporting and recordkeeping
requirements.
Dated: December 3, 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 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; in the
definition of ‘‘Bottomfish management
unit species’’ revise the entries for
longtail snapper and pink snapper; in
the definition of ‘‘Seamount
groundfish’’ revise the entry for
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*
**
Common name
Local Name
Scientific
*******
Longtail snapper
Onaga, ula’ula (H); palu-loa (S)
Etelis coruscans
Opakapaka (H); palu-ena’ena (S); gadao (G)
Pristipomoides filamentosus
*******
Pink snapper
mstockstill on PROD1PC62 with RULES
*******
CNMI commercial bottomfish permit
means the permit required by § 665.61
(a)(5) to engage in commercial fishing
for bottomfish management unit species
in U.S. EEZ waters around the CNMI.
*
*
*
*
*
Medium vessel, as used in §§ 665.61
through 665.72, means any vessel equal
to or more than 40 ft (12.2 m) and less
than 50 ft (15.2 m) in length overall.
*
*
*
*
*
Receiving vessel means a vessel that
receives fish or fish products from a
fishing vessel, and with regard to a
vessel holding a permit under
§ 665.21(e) that also lands Pacific
Pelagic Management Unit Species taken
by other vessels using longline gear.
Receiving vessel permit means a
permit required by § 665.21(e) for a
receiving vessel to transship or land
Pacific pelagic management unit species
VerDate Aug<31>2005
16:37 Dec 11, 2008
Jkt 217001
taken by other vessels using longline
gear.
*
*
*
*
*
Seamount groundfish means the
following species:
Common name
Armorhead
Scientific name
Pseudopentaceros
richardsoni
§ 665.13
*
*
*
*
(f) Fees. * * *
(2) * * *
(viii) CNMI commercial bottomfish
permit.
*
*
*
*
*
■ 4. In § 665.14, revise paragraphs (a)(1),
(a)(2)(i), and (c) to read as follows:
§ 665.14
*******
*
*
*
*
*
Vessel monitoring system unit (VMS
unit) means the hardware and software
owned by NMFS, installed on vessels by
NMFS, and required to track and
transmit the positions of certain vessels.
*
*
*
*
*
3. In § 665.13, add a new paragraph
(f)(2)(viii) to read as follows:
■
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Permits and fees.
*
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
E:\FR\FM\12DER1.SGM
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Administrator. All information specified
by the Regional Administrator must be
recorded on paper or electronically
within 24 hours after the completion of
each fishing day. The logbook
information, reported on paper or
electronically, for each day of the
fishing trip must be signed and dated or
otherwise authenticated by the vessel
operator in the manner determined by
the Regional Administrator, and be
submitted or transmitted via an
approved method as specified by the
Regional Administrator, and as required
by this paragraph (a).
(2) Timeliness of submission. (i) If
fishing was authorized under a permit
pursuant to §§ 665.21, 665.41,
665.61(a)(3), 665.61(a)(5), or 665.81, the
vessel operator must submit the original
logbook form for each day of the fishing
trip to the Regional Administrator
within 72 hours of the end of each
fishing trip, except as allowed in
paragraph (a)(2)(iii) of this section.
*
*
*
*
*
(c) Sales report. The operator of any
fishing vessel subject to the
requirements of § 665.41, or the owner
of a medium or large fishing vessel
subject to the requirements of
§ 665.61(a)(5), must submit to the
Regional Administrator, within 72 hours
of offloading crustacean or bottomfish
management unit species, respectively,
an accurate and complete sales report
on a form provided by the Regional
Administrator. The form must be signed
and dated by the fishing vessel operator.
*
*
*
*
*
§ 665.22
[Redesignated in part]
5. Redesignate paragraphs (o) through
(u) in § 665.22 as paragraphs (m)
through (s) in § 665.15.
■ 6. In § 665.15, revise newly
redesignated paragraphs (m) through (s)
to read as follows:
■
§ 665.15
Prohibitions.
mstockstill on PROD1PC62 with RULES
*
*
*
*
*
(m) Fish for, catch, or harvest
management unit species with longline
gear without an operational VMS unit
on board the vessel after installation of
the VMS unit by NMFS, in violation of
§ 665.19(e)(2).
(n) Possess management unit species,
that were harvested after NMFS has
installed the VMS unit on the vessel, on
board that vessel without an operation
VMS unit, in violation of 665.19(e)(2).
(o) Interfere with, tamper with, alter,
damage, disable, or impede the
operation of a VMS unit or attempt any
of the same; or move or remove a VMS
unit without the prior permission of the
SAC in violation of § 665.19(e)(3).
VerDate Aug<31>2005
16:37 Dec 11, 2008
Jkt 217001
(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).
■ 7. 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 § 665.29]
8. Redesignate § 665.25 as new
§ 665.19, and revise newly-redesignated
§ 665.19 to read as follows:
■
§ 665.19
Vessel monitoring system.
(a) Applicability. The holder of any of
the following permits is subject to the
vessel monitoring system requirements
in this part:
(1) Hawaii longline limited access
permit issued pursuant to 665.21(b);
(2) American Samoa longline limited
entry permit, for vessel size Class C or
D, issued pursuant to 665.21(c);
(3) Vessels permitted to fish in
Crustaceans Permit Area 1 VMS
Subarea; or
(4) CNMI commercial bottomfish
permit, if the vessel is a medium or
large bottomfish vessel, issued pursuant
to 665.61(a)(5).
(b) VMS unit. Only a VMS unit owned
by NMFS and installed by NMFS
complies with the requirement of this
subpart.
(c) Notification. After a permit holder
subject to this part has been notified by
the SAC of a specific date for
installation of a VMS unit on the permit
holder’s vessel, the vessel must carry
and operate the VMS unit after the date
scheduled for installation.
(d) Fees and charges. During the
experimental VMS program, the holder
of a permit subject to this part shall not
be assessed any fee or other charges to
obtain and use a VMS unit, including
the communication charges related
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Fmt 4700
Sfmt 4700
75621
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.
■ 9. 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.
*
*
*
*
*
■ 10. In § 665.62, add new 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).
(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
E:\FR\FM\12DER1.SGM
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Rules and Regulations
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).
§ 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.
■
E. long.
DEPARTMENT OF COMMERCE
GU-1-A
14° 16′
144° 17′
National Oceanic and Atmospheric
Administration
GU-1-B
13° 50′
143° 52′
GU-1-C
13° 17′
143° 46′
GU-1-D
12° 50′
143° 54′
RIN 0648–AV29
GU-1-E
12° 30′
144° 14′
GU-1-F
12° 25′
144° 51′
Fisheries in the Western Pacific;
Crustacean Fisheries; Deepwater
Shrimp
GU-1-G
12° 57′
145° 33′’
GU-1-H
13° 12′
145° 43′
GU-1-I
13° 29′ 44″
145° 48’ 27″
14° 16’
144° 17’
(b) CNMI medium and large vessel
bottomfish prohibited areas. A medium
or large vessel of the United States may
not be used to fish commercially for
bottomfish management unit species in
the following areas:
(1) CNMI Southern Islands (Area NM–
1). The CNMI Southern Islands
prohibited area is defined as the waters
of the U.S. EEZ surrounding the CNMI
that are enclosed by straight lines
connecting the following coordinates in
the order listed:
Point
N. lat.
E. long.
NM–1–A
14° 9′
144° 15′
NM–1–B
16° 10′ 47″
145° 12′
NM–1–C
16° 10′ 47″
146° 53’
NM–1–D
14° 48′
146° 33′
NM–1–E
13° 27′
145° 43′
NM–1–A
14° 9′
144° 15′
(2) CNMI Alamagan Island (Area NM–
2). The CNMI Alamagan Island
prohibited area is defined as the waters
of the U.S. EEZ surrounding the CNMI
that are enclosed by straight lines
connecting the following coordinates in
the order listed:
12. Revise § 665.70 to read as follows:
Point
(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:
VerDate Aug<31>2005
16:37 Dec 11, 2008
Jkt 217001
N. lat.
E. long.
NM–2–A
§ 665.70 Bottomfish fishery area
management.
mstockstill on PROD1PC62 with RULES
N. lat.
GU-1-A
11. In § 665.69, remove paragraph
(a)(7) and redesignate paragraph (a)(8) as
paragraph (a)(7), and revise paragraphs
(a) introductory text, (a)(6), and (c) to
read as follows:
■
Point
17° 26′
145° 40′
NM–2–B
17° 46′
145° 40′
NM–2–C
17° 46′
146° 00′
NM–2–D
17° 26′
146° 00′
NM–2–A
17° 26′
145° 40′
[FR Doc. E8–29512 Filed 12–9–08; 4:15 pm]
BILLING CODE 3510–22–S
PO 00000
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Fmt 4700
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50 CFR Part 665
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
SUMMARY: This document contains a
correction to the final regulations that
were published in the Federal Register
on November 21, 2008. This correction
revises the amendatory instruction in
the final rule to accurately reflect
paragraph designation in the section on
permit fees.
DATES: The amendment to § 665.13 will
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.
FOR FURTHER INFORMATION CONTACT:
Brett Wiedoff, NMFS Pacific Islands
Region, Sustainable Fisheries, 808–944–
2272.
SUPPLEMENTARY INFORMATION: The final
rule published on November 21, 2008,
designated 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 (73 FR
70603). Also on November 21, 2008,
NMFS published another final rule that
designated three species of pelagic
squid as management unit species, and
established permitting and reporting
requirements for squid jig fishing
vessels (73 FR 70600). In the
amendatory instruction for § 665.13 in
both final rules, an identical paragraph
designation was assigned for both new
permits fees.
This correction makes a change to the
amendatory instruction in the
deepwater shrimp final rule to
accurately designate the paragraphs in
§ 665.13. This change is necessary to
prevent duplicate paragraph
designation. In the amendatory
instruction for § 665.13, the phrase,
‘‘...and add a new paragraph
(f)(2)(vi)...’’, is revised to read ‘‘...and
add a new paragraph (f)(2)(vii)....’’
E:\FR\FM\12DER1.SGM
12DER1
Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Rules and Regulations]
[Pages 75615-75622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29512]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 070720390-81459-03]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes 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 final rule also closes certain EEZ waters
around the CNMI to bottomfish fishing by vessels over 40 ft (12.2 m) in
length. Vessel monitoring system units must be installed on those
larger vessels when fishing in EEZ waters around the CNMI, and the
operators of those larger vessels will be required to submit Federal
sales reports in addition to catch reports. This final 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: This final rule is effective January 12, 2009, except for the
revisions to Sec. Sec. 665.14, 665.19(a)(4), and 665.61, 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 Bottomfish and Seamount
Groundfish Fisheries of the Western Pacific Region and 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.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information
[[Page 75616]]
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, 808-944-2272.
SUPPLEMENTARY INFORMATION: This Federal Register notice is also
accessible at the Office of the Federal Register's web site:
www.gpoaccess.gov/fr/.
Bottomfish in CNMI nearshore waters are caught in subsistence,
recreational, and small-scale commercial fisheries. Vessels are
typically small (less than 25 ft (7.6 m)), and fishing is more frequent
in summer months when weather and sea conditions are calm. 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,
or 12.2 m, in length) also target deep-water bottomfish at offshore
seamounts and banks. Catch from these large vessels does not always
enter local markets as a food supply for CNMI residents. It is also
possible for large bottomfish vessels based in Guam to travel to
fishing grounds within U.S. EEZ waters around the CNMI. Larger-vessel
fisheries 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.
Several other issues regarding bottomfish fishing in the CNMI have
been noted. 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.
This final rule will 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
will not be restricted, and permits will be renewable on an annual
basis.
This final rule will require the operators of all commercial
bottomfish vessels to complete and submit Federal catch reports. In
addition to the fishing logbook, vessels over 40 ft (12.2 m) fishing
for bottomfish in the CNMI will be required to complete and submit
Federal sales reports for the bottomfish that they sell.
This final rule will close certain EEZ waters around the CNMI to
bottomfish fishing by vessels over 40 ft (12.2 m). The closed areas
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 are defined by
straight lines for clarity and to facilitate enforcement.
Transshipping bottomfish will be allowed within the closed areas.
This could facilitate delivery of bottomfish to local and other
markets, and provide a potential revenue source other than, or in
addition to, fishing. Vessels that transship their catches offshore can
remain at sea for longer periods of time, thereby improving operational
efficiency and reducing transit costs. Any vessel commercially
receiving bottomfish fish or fish products from a fishing vessel will
be required to be registered with a valid CNMI commercial bottomfish
permit, and the operator will be required to report any bottomfish
transshipping activity in the Federal fishing logbook forms.
Commercial CNMI bottomfish vessels over 40 ft (12.2 m) are required
to be marked in compliance with current Federal vessel identification
requirements, but the final rule exempts CNMI-based commercial
bottomfish vessels from the Federal vessel identification requirements
if the vessels are less than 40 ft (12.2 m) in length and in compliance
with CNMI vessel registration and marking requirements.
BILLING CODE 3510-22-S
[[Page 75617]]
[GRAPHIC] [TIFF OMITTED] TR12DE08.000
BILLING CODE 3510-22-C
Shipboard vessel monitoring system (VMS) units will 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. To date, the regional requirements for VMS
in 50 CFR 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 Northwestern Hawaiian
Islands bottomfish fishery are found in 50 CFR 404.5 and are not
affected by this final rule.) Because the final rule adds VMS
requirements for bottomfish fishing, the section regarding the vessel
monitoring system (Sec. 665.25) is 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
are also moved to the general prohibitions in Sec. 665.15. The VMS-
related requirements are also 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
[[Page 75618]]
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.
Additional background information on this final rule may be found
in the preamble to the proposed rule published on September 8, 2008 (73
FR 51992), and is not repeated here.
Comments and Responses
On September 20, 2008, NMFS published a notice of availability and
request for public comments on Amendment 10, including a Draft
Environmental Assessment (73 FR 49157). The amendment comment period
ended on October 20, 2008. On September 8, 2008, NMFS published a
proposed rule (73 FR 51992) that would implement the management
measures recommended by the Council in Amendment 10. The proposed rule
comment period ended on October 23, 2008. NMFS received public comment
regarding the EA and proposed rule, and responds as follows:
Comment 1: The initial permit fee should be $100 per vessel to
cover and sustain administrative costs.
Response: 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. At the time the rule was proposed, NMFS had
preliminarily determined that a permit fee of up to $80 was
appropriate. However, more information about the fishery and
administrative costs of issuing permits indicates that the actual fee
is expected to be approximately $40, and will be specified on the
permit application form.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
The Regional Administrator has determined that the Bottomfish FMP
Amendment 10 is necessary for the conservation and management of
bottomfish and seamount groundfish and that it is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared a final regulatory flexibility analysis (FRFA).
The FRFA incorporates the initial regulatory flexibility analysis
(IRFA) prepared in support of the proposed rule, and the analyses
completed to support the action. A summary is provided, as follows.
(The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not
repeated in its entirety here.)
The need for agency action and the objectives of the action are
explained in the preambles to the proposed rule and final rule.
While no comments were received specifically on the IRFA, one
comment was received on the administrative cost of the permit. NMFS
responded to that comment in the preamble of the final rule, and no
changes were made to the FRFA as a result of the comment.
Description of Small Entities to Which the Rule Would Apply
The preferred alternative would apply to all vessels
commercially fishing for bottomfish in EEZ waters around the CNMI.
Given an annual average of 58 known commercial fish harvesting
vessels from 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/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 with Economic Impacts on Small Businesses
Alternative 1 - No Action.
In the short term, fishing operations would be expected to
continue their 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 fishing operations would still have access to
offshore fishing areas, but smaller vessels would not and would
likely see bigger losses. Operators of 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 troll or handline). Whether they
would be able to recoup their lost bottomfish income or not 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 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 is more positive than Alternative 1 for small-
vessel commercial, recreational, and charter fishery participants by
somewhat 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 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 over 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
Marianas Archipelago. 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 within
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 vessels active within 50 nm (80.5
km) of the Northern Islands, though none are 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 the Saipan. Thus, Alternative 2
would have greater potential than Alternative 1 for controlling the
risk of local depletion of areas around Saipan that are fished by
small-scale fishermen. A chain of seamounts parallels the Marianas
Archipelago nearly 200 nm (370 km) to the west. Some of these
seamounts rise to shallow depths, but this chain is poorly charted
and the amount of associated bottomfish habitat is not known.
Whether large vessels would invest time and money in exploring this
chain for bottomfish fishing 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.
This alternative would require the operators of CNMI-based
vessels larger than 50 ft (15.2 m) in length commercially fishing
for bottomfish in EEZ waters around the CNMI to obtain Federal
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
[[Page 75619]]
permit applications would require 0.5 hr per applicant, with
renewals requiring an additional 0.5 hr annually. The fee for
Federal permits is expected to be approximately $40 and will be
specified in the permit application. This represents approximately
1.7 percent of revenues earned by individuals 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 vessels less than or equal to 40 feet that target onaga.
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 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 vessels greater than 40 ft (12.2 m)
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 be likely to have a positive economic impact
on catch rates and ex-vessel revenues for fishery participants with
a documented history of bottomfish fishing in the 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 waters beyond 3 nm
around the CNMI to obtain Federal 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 Federal permits is expected to be
approximately $40 and will be specified in the permit application.
This represents approximately 1.7 percent of revenues earned by
individuals 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 fill out the permit
application or logbooks.
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 medium/large vessels 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 both medium and large commercial bottomfish vessels
over 40 feet (12.2 m) in length would be prohibited from fishing
around Saipan and Alamagan. The general absence of medium/large
vessels from the recent fishery suggests that the area is not
optimal for the profitability of these vessels and fishing in the
restricted area may be more opportunistic than planned. Therefore,
restricting medium/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 waters around the
CNMI to obtain Federal 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
Federal permits has not been determined, but it may be approximately
$40. This represents approximately 1.7 percent of revenues earned by
individuals 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 fill out the permit
application, logbooks, or sales reports.
Steps Taken by the Agency to Minimize Adverse Impacts
Choosing the no-action alternative would yield no economic
impact and would be preferred by the potentially impacted vessels.
However, the no-action alternative could result in excessive fishing
pressure and, in the worst-case scenario, contribute to overfishing
which is inconsistent with the Magnuson-Stevens Act. All other
alternatives would be more restrictive and would yield more adverse
economic impact than the preferred alternative. Therefore, NMFS
concludes that the preferred alternative best minimizes the economic
impacts on small entities consistent with the objectives of the
Magnuson-Stevens Act and this rulemaking.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement
Fairness Act of 1996 states that for each rule or group of related
rules for which an agency is required to prepare a FRFA, the agency
shall publish one or more guides to assist small entities in
complying with the rule, and shall designate such publications as
``small entity compliance guides.'' The agency shall explain the
actions a small entity is required to take to comply with a rule or
group of rules. As part of this rulemaking process, a small entity
compliance guide was prepared and will be provided to affected small
entities. In addition, copies of this final rule and the guide are
available from the William L. Robinson(see ADDRESSES) and from
www.fpir.noaa.gov.
This final rule contains collection-of-information requirements
subject to the PRA. These requirements have been submitted to OMB for
approval. NMFS will publish a notice when these requirements have been
approved by OMB and are effective (see DATES).
Permit eligibility would not be restricted in any way, and the
permit would be renewable on an annual basis. The initial permit
applications will require 0.5 hr per applicant, with renewals requiring
an additional 0.5 hr 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
determined that a permit fee of up to $80 is appropriate to cover the
administrative costs of the permit. The fee is expected to be
approximately $40 and will be specified in the permit application.
The final rule will 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 time requirement to
complete Federal catch reports is 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 will
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.
The final rule will also require the operators of medium and large
commercial bottomfish vessels to complete and submit Federal sales
[[Page 75620]]
reports. The time requirement for completing Federal sales reports is
approximately 35 minutes per vessel per fishing trip. Assuming six
medium and large vessels make 15 trips per year, the program will
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.
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: December 3, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, 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 part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.12 add the definitions of ``CNMI commercial bottomfish
permit'', ``Medium vessel'', and ``Receiving vessel'' in alphabetical
order; in the definition of ``Bottomfish management unit species''
revise the entries for longtail snapper and pink snapper; in the
definition of ``Seamount groundfish'' revise the entry for 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* * *
------------------------------------------------------------------------
Common name Local Name Scientific
------------------------------------------------------------------------
* * * * * * *
------------------------------
Longtail snapper Onaga, ula'ula (H); Etelis coruscans
palu-loa (S)
------------------------------------------------------------------------
* * * * * * *
------------------------------
Pink snapper Opakapaka (H); palu- Pristipomoides
ena'ena (S); gadao (G) filamentosus
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
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.
* * * * *
0
3. In Sec. 665.13, add a new paragraph (f)(2)(viii) to read as
follows:
Sec. 665.13 Permits and fees.
* * * * *
(f) Fees. * * *
(2) * * *
(viii) CNMI commercial bottomfish permit.
* * * * *
0
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
[[Page 75621]]
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 [Redesignated in part]
0
5. Redesignate paragraphs (o) through (u) in Sec. 665.22 as paragraphs
(m) through (s) in Sec. 665.15.
0
6. In Sec. 665.15, revise newly redesignated paragraphs (m) through
(s) 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 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 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).
0
7. 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. 665.29]
0
8. 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
665.21(b);
(2) American Samoa longline limited entry permit, for vessel size
Class C or D, issued pursuant to 665.21(c);
(3) Vessels permitted to fish in Crustaceans Permit Area 1 VMS
Subarea; or
(4) CNMI commercial bottomfish permit, if the vessel is a medium or
large bottomfish vessel, issued pursuant to 665.61(a)(5).
(b) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS
complies with the requirement of this subpart.
(c) Notification. After a permit holder subject to this part has
been notified by the SAC of a specific date for installation of a VMS
unit on the permit holder's vessel, the vessel must carry and operate
the VMS unit after the date scheduled for installation.
(d) Fees and charges. During the experimental VMS program, the
holder of a permit subject to this part shall not be assessed any fee
or other charges to obtain and use a VMS unit, including the
communication charges related directly to requirements under this
section. Communication charges related to any additional equipment
attached to the VMS unit by the owner or operator shall be the
responsibility of the owner or operator and not NMFS.
(e) Permit holder duties. The holder of a permit subject to this
part, and master of the vessel, must:
(1) Provide opportunity for the SAC to install and make operational
a VMS unit after notification.
(2) Carry and continuously operate the VMS unit on board whenever
the vessel is at sea.
(3) Not remove, relocate, or make 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.
0
9. 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.
* * * * *
0
10. In Sec. 665.62, add new 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).
(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
[[Page 75622]]
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).
0
11. In Sec. 665.69, remove paragraph (a)(7) and redesignate paragraph
(a)(8) as paragraph (a)(7), and revise paragraphs (a) introductory
text, (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.
0
12. 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' 145[deg] 48'
44'' 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' 145[deg] 12'
47''
------------------------------------------------------------------------
NM-1-C 16[deg] 10' 146[deg] 53'
47''
------------------------------------------------------------------------
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. E8-29512 Filed 12-9-08; 4:15 pm]
BILLING CODE 3510-22-S