Western Pacific Fisheries; Fishing in the Marianas Trench, Pacific Remote Islands, and Rose Atoll Marine National Monuments, 7385-7386 [2013-02116]

Download as PDF Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules have been paid. The IAD, appeals, and final decision process for the cost recovery program is specified at § 660.115(d)(3)(ii). * * * * * (6) Reissuance in subsequent years. Existing license holders must reapply annually. If the existing license holder fails to reapply, the first receiver’s site license will expire as specified in paragraph (f)(5) of this section. The IFQ first receiver will not be authorized to receive IFQ species from a vessel if their first receiver site license has expired. NMFS will not reissue a first receiver site license until all required cost recovery program fees, as specified at § 660.115, associated with that license have been paid. * * * * * (10) Cost recovery. The first receiver site license holder is considered the fish buyer as defined at § 660.111, and must comply with the cost recovery program specified at § 660.115. * * * * * ■ 9. In § 660.150, ■ a. Remove paragraph (d)(5); ■ b. Revise paragraphs (a)(4), (b)(1)(ii)(A), and (f)(6); ■ c. Add paragraphs (b)(1)(ii)(D), (b)(2)(ii)(C), and (g)(7) to read as follows: § 660.150 Mothership (MS) Coop Program. mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * * * (a) * * * (4) Regulations set out in the following sections of subpart D: § 660.111 Trawl fishery definitions, § 660.112 Trawl fishery prohibitions, § 660.113 Trawl fishery recordkeeping and reporting, § 660.115 Trawl fishery cost recovery program, § 660.120 Trawl fishery crossover provisions, § 660.130 Trawl fishery management measures, and § 660.131 Pacific whiting fishery management measures. * * * * * (b) * * * (1) * * * (ii) * * * (A) Recordkeeping and reporting. Maintain a valid declaration as specified at § 660.13(d); maintain records as specified at § 660.113(a); and maintain and submit all records and reports specified at § 660.113(c) including, economic data, scale tests records, cease fishing reports, and cost recovery. * * * * * (D) Cost recovery program. Collect and remit to NMFS cost recovery program fees as specified at § 660.115. * * * * * (2) * * * (ii) * * * VerDate Mar<15>2010 17:23 Jan 31, 2013 Jkt 229001 (C) Cost recovery program. Vessel must pay cost recovery program fees, as specified at § 660.115. * * * * * (f) * * * (6) Cost recovery. The owner of a vessel registered to an MS permit, the operator of a vessel registered to an MS permit, and the owner of the MS permit registered to that vessel, are considered to be the fish buyer as defined at § 660.111, and must comply with the cost recovery program specified at § 660.115. * * * * * (g) * * * (7) Cost recovery. The fish seller, as defined at § 660.111, is subject to the cost recovery program specified at § 660.115. * * * * * ■ 10. In § 660.160, ■ a. Remove paragraphs (d)(5) and (e)(6); ■ b. Revise paragraphs (a)(4) and (b)(1)(ii)(A); and ■ c. Add paragraphs (b)(1)(ii)(D), and (e)(5) to read as follows: § 660.160 Catcher/processor (C/P) Coop Program. * * * * * (a) * * * (4) Regulations set out in the following sections of subpart D: § 660.111 Trawl fishery definitions, § 660.112 Trawl fishery prohibitions, § 660.113 Trawl fishery recordkeeping and reporting, § 660.115 Trawl fishery cost recovery program, § 660.120 Trawl fishery crossover provisions, § 660.130 Trawl fishery management measures, and § 660.131 Pacific whiting fishery management measures. * * * * * (b) * * * (1) * * * (ii) * * * (A) Recordkeeping and reporting. Maintain a valid declaration as specified at § 660.13(d); maintain records as specified at § 660.113(a); and maintain and submit all records and reports specified at § 660.113(d) including, economic data, scale tests records, cease fishing reports, and cost recovery. * * * * * (D) Cost recovery program. Collect and remit to NMFS cost recovery program fees, as specified at § 660.115. * * * * * (e) * * * (5) Cost recovery. The owner of a vessel registered to a C/P-endorsed limited entry trawl permit, the operator of a vessel registered to a C/P-endorsed limited entry trawl permit, and the owner of the C/P-endorsed limited entry PO 00000 Frm 00104 Fmt 4702 Sfmt 4702 7385 trawl permit registered to that vessel, are considered both the fish buyer and the fish seller as defined at § 660.111, and must comply with the cost recovery program specified at § 660.115. * * * * * [FR Doc. 2013–02005 Filed 1–31–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 RIN 0648–BA98 Western Pacific Fisheries; Fishing in the Marianas Trench, Pacific Remote Islands, and Rose Atoll Marine National Monuments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery ecosystem plan amendments; request for comments. AGENCY: NMFS announces that the Western Pacific Fishery Management Council proposes to amend four fishery ecosystem plans to establish fishing requirements consistent with the Presidential proclamations that created the Marianas Trench, Pacific Remote Islands, and Rose Atoll Marine National Monuments. DATES: NMFS must receive comments on the proposed amendments by April 2, 2013. ADDRESSES: You may submit comments on the proposed amendments, identified by NOAA–NMFS–2012–0070, by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA–NMFS–2012– 0070, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Send written comments to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814–4700. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying SUMMARY: E:\FR\FM\01FEP1.SGM 01FEP1 7386 Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous), and will accept attachments to electronic comments in Microsoft Word, Excel, or Adobe PDF file formats only. The Western Pacific Fishery Management Council (Council) prepared Amendment 3 to the Fishery Ecosystem Plan for the Mariana Archipelago, Amendment 2 to the Fishery Ecosystem Plan for the Pacific Remote Island Areas, Amendment 3 to the Fishery Ecosystem Plan for American Samoa, and Amendment 6 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific. The amendments are presented as a single document, which includes background information on this proposed rule, an environmental assessment, and a regulatory impact review. You may obtain the draft amendment document from www.regulations.gov or from the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808–522–8226, or from www.wpcouncil.org. Bob Harman, NMFS PIR Sustainable Fisheries, tel 808–944–2200. SUPPLEMENTARY INFORMATION: The Council and NMFS manage fisheries through fishery ecosystem plans for American Samoa, the Mariana Archipelago (Guam and the Commonwealth of the Northern Mariana Islands (CNMI)), the Pacific Remote Islands (PRI), Hawaii, and western Pacific pelagic fisheries. In 2009, President Bush issued Presidential Proclamations that established three marine national monuments in the central and western Pacific under the authority of the Antiquities Act, as follows: • Proclamation 8335 of January 6, 2009, ‘‘Establishment of the Marianas Trench Marine National Monument’’ (74 FR 1557, January 12, 2009). • Proclamation 8336 of January 6, 2009, ‘‘Establishment of the Pacific Remote Islands Marine National Monument’’ (74 FR 1565, January 12, 2009). • Proclamation 8337 of January 6, 2009, ‘‘Establishment of the Rose Atoll mstockstill on DSK4VPTVN1PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 17:23 Jan 31, 2013 Jkt 229001 Marine National Monument’’ (74 FR 1577, January 12, 2009). The proclamations recognize that it is in the public interest to preserve these submerged lands, waters, and marine resources, which are biologically diverse, contain sites of historical and scientific interest, and are essential to the long-term study of tropical marine ecosystems. For more detailed information regarding the marine resources and background for the management of the Monuments, please refer to the Proclamations, available at www.regulations.gov. Among other things, the Proclamations define the Monuments’ boundaries, prohibit commercial fishing, and describe the management of Monument resources. The Proclamations direct the Secretary of Commerce to take action under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to regulate fisheries and ensure proper care and management of the monument, including allowing for traditional indigenous fishing practices. The Council recommended incorporating the Proclamations’ fishery management provisions into its fishery ecosystem plans, and recommended that NMFS establish certain provisions relating to traditional indigenous fishing practices. To manage fisheries in the monuments consistent with the Proclamations, the Council has submitted, for Secretarial review, Amendment 3 to Fishery Ecosystem Plan for the Mariana Archipelago, Amendment 2 to the Fishery Ecosystem Plan for the Pacific Remote Island Areas, Amendment 3 to the Fishery Ecosystem Plan for American Samoa, and Amendment 6 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific. The Council recommended amending the four plans to incorporate and establish fishing management provisions consistent with the proclamations, including the following: • Identify the boundaries of the Monuments and their various management units. • Prohibit commercial fishing in the Pacific Remote Islands and Rose Atoll Monuments, and in the Islands Unit of the Marianas Trench Monument. • Establish management measures for non-commercial and recreational charter fishing in the Monuments, PO 00000 Frm 00105 Fmt 4702 Sfmt 9990 including but not limited to the following: Æ Require Federal permits and reporting for non-commercial and recreational charter fishing to aid in the monitoring of fishing activities. Æ Allow customary exchange in noncommercial fisheries in the Marianas Trench and Rose Atoll Marine National Monuments to help preserve traditional, indigenous, and cultural fishing practices. Æ Define customary exchange as the non-market exchange of marine resources between fishermen and community residents, and the residents’ families and friends, for goods, services, and/or social support, for cultural, social, or religious reasons, and may include cost recovery through monetary reimbursements and other means for actual trip expenses (e.g., ice, bait, food, or fuel) that may be necessary to participate in fisheries in the western Pacific. Æ Limit the eligibility for noncommercial fishing to residents and businesses of local fishing communities for the Rose Atoll Monument and Marianas Monument Islands Unit. Æ Prohibit all fishing within 12 nm of the Pacific Remote Islands, subject to U.S. Fish & Wildlife Service authority to allow non-commercial fishing in consultation with NOAA and the Council. Æ Prohibit all fishing within 12 nm around Rose Atoll. The Council and NMFS would review this regulation after three years. • Prohibit the conduct of commercial fishing outside the Monument and noncommercial fishing within the Monument during the same trip. NMFS must receive any public comments on the proposed amendments by April 2, 2013 to be considered in the Secretary of Commerce’s decision to approve, partially approve, or disapprove the amendments. NMFS expects to soon publish and request public comments on a proposed rule that would implement the measures recommended in the amendments. Authority: 16 U.S.C. 1801 et seq. Dated: January 28, 2013. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–02116 Filed 1–31–13; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\01FEP1.SGM 01FEP1

Agencies

[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Proposed Rules]
[Pages 7385-7386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02116]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-BA98


Western Pacific Fisheries; Fishing in the Marianas Trench, 
Pacific Remote Islands, and Rose Atoll Marine National Monuments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of fishery ecosystem plan amendments; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Western Pacific Fishery Management 
Council proposes to amend four fishery ecosystem plans to establish 
fishing requirements consistent with the Presidential proclamations 
that created the Marianas Trench, Pacific Remote Islands, and Rose 
Atoll Marine National Monuments.

DATES: NMFS must receive comments on the proposed amendments by April 
2, 2013.

ADDRESSES: You may submit comments on the proposed amendments, 
identified by NOAA-NMFS-2012-0070, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0070, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying

[[Page 7386]]

information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous), and will accept attachments to electronic comments in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    The Western Pacific Fishery Management Council (Council) prepared 
Amendment 3 to the Fishery Ecosystem Plan for the Mariana Archipelago, 
Amendment 2 to the Fishery Ecosystem Plan for the Pacific Remote Island 
Areas, Amendment 3 to the Fishery Ecosystem Plan for American Samoa, 
and Amendment 6 to the Fishery Ecosystem Plan for Pelagic Fisheries of 
the Western Pacific. The amendments are presented as a single document, 
which includes background information on this proposed rule, an 
environmental assessment, and a regulatory impact review. You may 
obtain the draft amendment document from www.regulations.gov or from 
the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or from www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR Sustainable 
Fisheries, tel 808-944-2200.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage fisheries 
through fishery ecosystem plans for American Samoa, the Mariana 
Archipelago (Guam and the Commonwealth of the Northern Mariana Islands 
(CNMI)), the Pacific Remote Islands (PRI), Hawaii, and western Pacific 
pelagic fisheries.
    In 2009, President Bush issued Presidential Proclamations that 
established three marine national monuments in the central and western 
Pacific under the authority of the Antiquities Act, as follows:
     Proclamation 8335 of January 6, 2009, ``Establishment of 
the Marianas Trench Marine National Monument'' (74 FR 1557, January 12, 
2009).
     Proclamation 8336 of January 6, 2009, ``Establishment of 
the Pacific Remote Islands Marine National Monument'' (74 FR 1565, 
January 12, 2009).
     Proclamation 8337 of January 6, 2009, ``Establishment of 
the Rose Atoll Marine National Monument'' (74 FR 1577, January 12, 
2009).
    The proclamations recognize that it is in the public interest to 
preserve these submerged lands, waters, and marine resources, which are 
biologically diverse, contain sites of historical and scientific 
interest, and are essential to the long-term study of tropical marine 
ecosystems. For more detailed information regarding the marine 
resources and background for the management of the Monuments, please 
refer to the Proclamations, available at www.regulations.gov.
    Among other things, the Proclamations define the Monuments' 
boundaries, prohibit commercial fishing, and describe the management of 
Monument resources. The Proclamations direct the Secretary of Commerce 
to take action under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) to regulate fisheries and ensure 
proper care and management of the monument, including allowing for 
traditional indigenous fishing practices.
    The Council recommended incorporating the Proclamations' fishery 
management provisions into its fishery ecosystem plans, and recommended 
that NMFS establish certain provisions relating to traditional 
indigenous fishing practices. To manage fisheries in the monuments 
consistent with the Proclamations, the Council has submitted, for 
Secretarial review, Amendment 3 to Fishery Ecosystem Plan for the 
Mariana Archipelago, Amendment 2 to the Fishery Ecosystem Plan for the 
Pacific Remote Island Areas, Amendment 3 to the Fishery Ecosystem Plan 
for American Samoa, and Amendment 6 to the Fishery Ecosystem Plan for 
Pelagic Fisheries of the Western Pacific. The Council recommended 
amending the four plans to incorporate and establish fishing management 
provisions consistent with the proclamations, including the following:
     Identify the boundaries of the Monuments and their various 
management units.
     Prohibit commercial fishing in the Pacific Remote Islands 
and Rose Atoll Monuments, and in the Islands Unit of the Marianas 
Trench Monument.
     Establish management measures for non-commercial and 
recreational charter fishing in the Monuments, including but not 
limited to the following:
    [cir] Require Federal permits and reporting for non-commercial and 
recreational charter fishing to aid in the monitoring of fishing 
activities.
    [cir] Allow customary exchange in non-commercial fisheries in the 
Marianas Trench and Rose Atoll Marine National Monuments to help 
preserve traditional, indigenous, and cultural fishing practices.
    [cir] Define customary exchange as the non-market exchange of 
marine resources between fishermen and community residents, and the 
residents' families and friends, for goods, services, and/or social 
support, for cultural, social, or religious reasons, and may include 
cost recovery through monetary reimbursements and other means for 
actual trip expenses (e.g., ice, bait, food, or fuel) that may be 
necessary to participate in fisheries in the western Pacific.
    [cir] Limit the eligibility for non-commercial fishing to residents 
and businesses of local fishing communities for the Rose Atoll Monument 
and Marianas Monument Islands Unit.
    [cir] Prohibit all fishing within 12 nm of the Pacific Remote 
Islands, subject to U.S. Fish & Wildlife Service authority to allow 
non-commercial fishing in consultation with NOAA and the Council.
    [cir] Prohibit all fishing within 12 nm around Rose Atoll. The 
Council and NMFS would review this regulation after three years.
     Prohibit the conduct of commercial fishing outside the 
Monument and non-commercial fishing within the Monument during the same 
trip.
    NMFS must receive any public comments on the proposed amendments by 
April 2, 2013 to be considered in the Secretary of Commerce's decision 
to approve, partially approve, or disapprove the amendments. NMFS 
expects to soon publish and request public comments on a proposed rule 
that would implement the measures recommended in the amendments.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: January 28, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-02116 Filed 1-31-13; 8:45 am]
BILLING CODE 3510-22-P

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