[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Rules and Regulations]
[Pages 51400-51401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18956]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 04061787-4234-02; I.D. 060704H]
RIN 0648-AR85
Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Bottomfish and Seamount Groundfish Fishery; Fishing
Moratorium
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NOAA Fisheries issues this final rule to extend the current
moratorium on harvesting seamount groundfish from the Hancock Seamount
in the Northwestern Hawaiian Islands for 6 years, until August 31,
2010. The fishery has been closed since 1986. NMFS is promulgating this
final rule in response to recommendation by the Western Pacific Fishery
Management Council (Council). The closure is intended to conserve
pelagic armorhead (Pseudopentaceros wheeleri, formerly, Pentaceros
richardsoni), which is an overfished stock.
DATES: Effective September 20, 2004.
ADDRESSES: A regulatory impact review (RIR) was prepared for this final
rule. A copy of the RIR is available from William L. Robinson, Regional
Administrator, NOAA Fisheries Pacific Islands Regional Office, 1601
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814.
FOR FURTHER INFORMATION CONTACT: Mr. Lewis Van Fossen, Resource
Management Specialist, Sustainable Fisheries Division (808) 973-2937.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is also accessible via the internet
at the website of the Office of Federal Register: http://www.access.gpo.gov/su-docs/aces/aces140.html
Background
When the Fishery Management Plan for the Bottomfish and Seamount
Groundfish Fisheries of the Western Pacific Region (FMP) was
implemented (51 FR 27413, July 31, 1986), it was determined that a 6-
year moratorium on fishing at Hancock Seamount was needed to aid the
recovery of the pelagic armorhead (Pseudopentaceros wheeleri, formerly,
Pentaceros richardsoni).
[[Page 51401]]
Foreign vessels over exploited the seamount groundfish resource before
the Fishery Conservation and Management Act, now called the Magnuson-
Stevens Fishery Conservation and Management Act, was enacted in 1976.
There has never been a domestic fishery targeting these stocks.
Periodic reviews since the original moratorium was implemented
consistently determined that the stock has not recovered. Therefore,
the moratorium was extended twice already for 6-year increments in 1992
and 1998 (57 FR 36907, August 17, 1992; and 63 FR 35162, June 29, 1998;
respectively). On June 25, 2004, a proposed rule (69 FR 35570) was
published announcing another extension until August 31, 2010.
The last U.S. research cruise to the Hancock Seamount was conducted
in 1993. However, the Japanese trawl fleet continues to harvest pelagic
armorhead on neighboring seamounts outside of the U.S. exclusive
economic zone (EEZ) surrounding the Northwestern Hawaiian Islands.
According to information provided by the Japan National Research
Institute of Far Seas Fisheries, the most current (2002) spawning
potential ratio (SPR) for the armorhead stock is 0.1 percent at all
seamounts outside of the EEZ. These seamounts comprise 95 percent of
the trawl grounds for the Japanese trawl fishery. Based on the low SPR
value, it is inferred that the status of the Hancock Seamount is
similarly depressed and well under 20 percent SPR which is the standard
for determining when pelagic armorhead overfished. At its October 2003
meeting the Council heard reports from its Bottomfish Plan Team and
Scientific and Statistical Committee on the status of the seamount
groundfish resources. On the basis of these reports, and in accordance
with the framework at 50 CFR 660.67, the Council recommended a
permanent closure of the Hancock Seamount to the harvest of groundfish
resources. However, it is unlikely that an amendment to the FMP closing
Hancock Seamount to the harvesting of groundfish resources could be
completed before the current moratorium expires. Therefore, at its
March 2004 meeting the Council recommended extending the current
moratorium another 6 years (i.e., August 31, 2010). During the proposed
moratorium, an amendment to the FMP that would permanently close
Hancock Seamount to groundfish harvest could be developed.
Comments and Responses
NMFS received 2 comments on the proposed rule from 2 commenters.
Comment 1: The moratorium extension should be expanded to 20 years
and include all fish - not just groundfish - and increase enforcement
at Hancock Seamount.
Response: NMFS is limited to imposing a 6-year extension
specifically to seamount groundfish resources. The moratorium extension
implemented by this final rule is intended to be an interim measure
until a more permanent management regime is developed by the Council
for the Hancock Seamount groundfish fishery. In regard to closing
fishing to other species besides groundfish at Hancock Seamount, NMFS'
current data indicate that stocks of other potential commercially
harvested fish (i.e., pelagics) can continue to be harvested in a
sustainable manner. Closure of the area to the harvest of these
resources is unwarranted. Finally, NMFS Enforcement is monitoring the
area as funds permit. However, due to its remote location and poor
potential returns on investments, U.S. fishermen are unlikely to target
pelagic armorhead resources in the remote NWHI. Additionally, the U.S.
Coast Guard already has plans to increase patrols in the U.S. EEZ
surrounding Hawaii, because of heightened national security concerns.
Comment 2: If the Hancock Seamount is only one of the seamounts
potentially harvested [for] armorhead then why not make it a sanctuary
permanently off limits to bottomfishing? Keep it open to tuna/swordfish
longliners and albacore trollers.
Response: As stated above, this final rule is intended to be an
interim measure until a long-term management program is developed by
the Council. In regard to the harvest of pelagic management unit
species targeted by longliners and trollers, see the response to
Comment 1.
Classification
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule for this action would not have a
significant economic impact on a substantial number of small entities.
The factual basis for the certification was published in the proposed
rule. No comments were received regarding the economic impacts of this
action. As a result a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands,
Reporting and recordkeeping requirements.
Dated: August 13, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 660 is amended as
follows:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 660.68 is revised to read as follows:
Sec. 660.68 Fishing moratorium on Hancock Seamount.
Fishing for bottomfish and seamount groundfish on the Hancock
Seamount is prohibited through August 31, 2010.
[FR Doc. 04-18956 Filed 8-18-04; 8:45 am]
BILLING CODE 3510-22-S