30346 Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules

DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The FWS will coordinate their efforts to collection and analysis of reliable data obtain the necessary data from National Oceanic and Atmospheric are needed to assess the status and fishermen at Midway Atoll and avoid Administration health of fishery stocks, evaluate the duplication of reporting regimes. effectiveness of management measures, Under this proposed rule NMFS 50 CFR Part 660 determine the need for changes in the would require vessel operators, except [Docket No. 020412086–2086–01; I.D. management regime, prevent operators of vessels operating in the 010202C] overfishing, determine and minimize U.S. EEZ around Midway Atoll, to bycatch, document protected species submit their catch reports to NMFS RIN 0648–AJ08 interactions with fishing gear, and within 10 days after the completion of assess the potential impact of fishery each fishing trip to the U.S. EEZ around Fisheries Off West Coast States and in interactions. Other than for vessels the PRIA. The 10–day requirement is to the Western Pacific; Western Pacific registered for use with Federal Hawaii allow vessels to make fish landings at Pelagics Fisheries; Pacific Remote longline limited access permits, or Palmyra Atoll and to potentially Island Areas; Permit and Reporting Federal Western Pacific longline general conduct another fishing trip enroute to Requirements for the Pelagic Troll and permits, there are no specific the vessel’s homeport. By landing at Handline Fishery regulations under the Fishery Palmyra Atoll there would be no need AGENCY: National Marine Fisheries Management Plan for Pelagic Fisheries for these vessels to return to their home Service (NMFS), National Oceanic and of the Western Pacific Region applicable ports between trips and, in that case, the Atmospheric Administration (NOAA), to vessels targeting pelagic species in prompt transmittal of catch reports to Commerce. the U.S. EEZ waters around the PRIA. NMFS would be infeasible. For this ACTION: Proposed rule. The PRIA or ‘‘U.S. island possessions in reason NMFS proposes to allow the the Pacific’’ are the distant and mostly operators whose vessels are registered SUMMARY: NMFS issues a proposed rule uninhabited U.S. islands in the central for use with PRIA troll/handline pelagic that would establish Federal permit and and western Pacific Ocean consisting of permits an extended reporting window. reporting requirements for any U.S. Howland Island, Baker Island, Jarvis The regulatory text for this proposed fishing vessel that uses troll or handline Island, Wake Island, Kingman Reef, rule would correct a typographical error fishing gear to harvest pelagic Johnston Atoll, Palmyra Atoll, and in the prohibition on longline fishing management unit species in waters of Midway Atoll. Midway Atoll, located in within longline fishing areas at the U.S. exclusive economic zone (U.S. the Northwestern Hawaiian Islands, is § 660.22(i) to reference § 660.27 instead EEZ) around Howland Island, Baker not part of the State of Hawaii and is of a redundant reference to § 660.17. Island, Jarvis Island, Johnston Atoll, treated as one of the PRIA. Also, a cross reference in § 660.21(l)(1) Kingman Reef, Palmyra Atoll, Wake In recent years, several troll and is revised to comport with the proposed Island and Midway Atoll. These islands handline fishing vessels from Hawaii redesignation of paragraphs in § 660.21. are referred to as the Pacific remote have targeted pelagic fish stocks off Classification island areas (PRIA). The purpose of this Palmyra Atoll and Kingman Reef. This proposed rule is to monitor expansion of troll and handline fishing This proposed rule has been participation in the fishery and to obtain activity beyond the Hawaiian determined to be not significant for fish catch and fishing effort data Archipelago to the U.S. EEZ around purposes of Executive Order 12866. (including bycatch data), including certain PRIA and the lack of any The Chief Counsel for Regulation of interactions with protected species, so reporting requirements for these the Department of Commerce certified that fishery management decisions are fisheries demonstrates the need to put to the Chief Counsel for Advocacy of the based on complete information. in place reporting procedures in order to Small Business Administration that this collect catch and bycatch data for these DATES: Comments on this proposed rule proposed rule, if adopted, would not will be accepted through June 20, 2002. fisheries. The proposed establishment of have a significant economic impact on a permit requirement for the PRIA a substantial number of small entities as ADDRESSES: Send comments to Dr. pelagic troll/handline fishery would follows: Charles Karnella, Administrator, NMFS, serve to identify actual or potential Based on historical records, it is estimated Pacific Islands Area Office (PIAO), 1601 participants in the fishery. This would that two to three vessels from Hawaii, and Kapiolani Blvd., Suite 1110, Honolulu, be an ‘‘open access’’ fishery, meaning three Midway Atoll-based vessels have fished HI 96814. Copies of background any U.S. vessel would be eligible to in the U.S. EEZ around the PRIA in recent material pertaining to this action may be receive a permit. years. Future increases in effort are difficult obtained from Kitty Simonds, Executive The Council has recommended the to predict; however, it appears unlikely that Director, Western Pacific Fishery establishment of a reporting significant expansion in this fishery will Management Council (Council), 1164 occur in the future due to long travel requirement for all vessel operators who distances to reach the PRIA fishing grounds. Bishop St. Suite 1400, Honolulu, HI participate in the PRIA pelagic troll/ 96813. Comments will not be accepted It is estimated that there are approximately handline fishery, except at Midway 5,000 fishing vessels that participate in the if submitted via e-mail or the internet. Atoll. They would be required to use a pelagic troll and handline fisheries in Send comments on the reporting burden new NMFS fish catch and effort Hawaii, American Samoa, Guam, and the estimate or other aspect of the reporting form created especially for the Commonwealth of the Northern Mariana collection-of-information requirements PRIA. At Midway Atoll, troll/handline Islands; however, it is expected that this rule in this proposed rule to NMFS, PIAO vessel operators (i.e., charter boat would impact less than 10 of the vessel and to the Office of Management and captains), who operate under the operators. Further, due to its purely Budget (OMB) at the Office of Midway Atoll National Wildlife Refuge administrative and record keeping nature, this proposed rule would not affect fishing Information and Regulatory Affairs, program, administered by the U.S. Fish OMB, Washington, DC 20503 (Attn: operations directly and would require only and Wildlife Service (FWS), would relatively minor tasks related to permit NOAA Desk Officer). continue to report their catch and effort application and reporting requirements. The FOR FURTHER INFORMATION CONTACT: data on existing fish catch reporting new reporting requirement would be largely Alvin Katekaru, PIAO, at 808–973–2937. forms provided by the FWS. NMFS and similar to the existing requirements for other

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areas, which are familiar to the majority of Dated: April 29, 2002. of each landing of management unit likely fishery participants. Eligibility criteria Rebecca Lent, species. and application forms for the permit would Acting Deputy Assistant Administrator for (2) Except for a vessel that is fishing be the same as those for other Federal Regulatory Programs, National Marine in the U.S. EEZ around Midway Atoll as western Pacific fishing permits. No fee is Fisheries Service. specified in paragraph (a)(3) of this associated with the PRIA pelagic troll and For the reasons set out in the handline permit. Estimated total annual cost section, any operator whose vessel is to respondents for completing permit preamble, 50 CFR part 660 is proposed registered for use with a PRIA pelagic applications and required reports is $600 per to be amended to read as follows: troll and handline fishing permit under year. The proposed permitting and reporting § 660.21(d) must submit the original demands are considered to be minimal, and, PART 660—FISHERIES OFF WEST logbook form for each day of fishing when combined with the small number of COAST STATES AND IN THE within the U.S. EEZ around the PRIA to individuals likely to be impacted, provide a WESTERN PACIFIC the Regional Administrator within 10 basis for certification of this action as one not 1. The authority citation for part 660 days of each landing of management likely to have a significant economic impact unit species. on a substantial number of small entities. continues to read as follows: (3) The operator of a vessel fishing in As a result, no regulatory flexibility Authority: 16 U.S.C. 1801 et seq. the U.S. EEZ around Midway Atoll and analysis is required for this proposed 2. In § 660.12, the definitions for registered for use with a PRIA pelagic rule and none has been prepared. ‘‘Pelagic handline fishing,’’ ‘‘Pelagic troll and handline fishing permit under This proposed rule contains troll fishing,’’ and ‘‘Pacific remote collection-of-information requirements § 660.21(d), must submit an appropriate island areas (PRIA, or U.S. island reporting form as required and in a subject to review and approval by OMB possessions in the Pacific Ocean),’’ are under the Paperwork Reduction Act manner specified by the U.S. Fish and added in alphabetical order to read as Wildlife Service for each day of fishing (PRA). These requirements have been follows: submitted to OMB for approval. Public within the U.S. EEZ around Midway reporting burden for these collections of § 660.12 Definitions. Atoll, which is defined as an area of the information is estimated at 30 minutes Pacific Ocean bounded on the east by * * * * * 177°10′ W. long., on the west by 177°30′ for a permit application and 5 minutes Pacific remote island areas (PRIA, or W. long., on the north by 28°25′ N. lat., for a daily troll/handline log sheet. U.S. island possessions in the Pacific and on the south by 28°05′ N. lat. These estimates include the time for Ocean) means Palmyra Atoll, Kingman reviewing instructions, searching Reef, Jarvis Island, Baker Island, * * * * * existing data sources, gathering and Howland Island, Johnston Atoll, Wake 4. In § 660.21, paragraphs (d) through maintaining the data needed, and Island, and Midway Atoll. (l) are redesignated as (e) through (m), completing and reviewing the collection Pelagic handline fishing means newly redesignated paragraph (l)(1) is of information. fishing for pelagic management unit revised, and new paragraph (d) is added Public comment is sought regarding: species from a stationary or drifting to read as follows: Whether this proposed collection of vessel using hook and line gear other § 660.21 Permits. information is necessary for the proper than longline gear. performance of the functions of the Pelagic troll fishing (trolling) means * * * * * agency, including whether the fishing for pelagic management unit (d) A fishing vessel of the United information shall have practical utility; species from a moving vessel using hook States must be registered for use with a the accuracy of the burden estimate; and line gear. PRIA pelagic troll and handline fishing ways to enhance the quality, utility, and * * * * * permit if that vessel is used to fish for Pacific pelagic management unit species clarity of the information to be 3. In § 660.14, paragraph (a) is revised using pelagic handline or trolling collected; and ways to minimize the to read as follows: burden of the collection of information, fishing methods in the U.S. EEZ around including through the use of automated § 660.14 Reporting and recordkeeping. the PRIA. collection techniques or other forms of (a) Fishing record forms. The operator * * * * * information technology. Send comments of any fishing vessel subject to the (l)(1) Upon receipt of an appeal on the reporting burden estimate or any requirements of §§ 660.21, 660.41, or authorized by this section, the Regional other aspect of the collection-of- 660.81 must maintain on board the Administrator may request additional information requirements in this vessel an accurate and complete record information. Upon receipt of sufficient proposed rule to NMFS and OMB (see of catch, effort, and other data on report information, the Regional Administrator ADDRESSES). forms provided by the Regional will decide the appeal in accordance Notwithstanding any other provision Administrator. All information specified with the criteria set out in this part and of the law, no person is required to on the forms must be recorded on the in the fishery management plans respond to, and no person shall be forms within 24 hours after the prepared by the Council, as appropriate, subject to penalty for failure to comply completion of each fishing day. The based upon information relative to the with, a collection of information subject original logbook form for each day of the application on file at NMFS and the to the requirements of the PRA, unless fishing trip must be submitted to the Council and any additional information that collection of information displays a Regional Administrator as required by available; the summary record kept of currently valid OMB control number. this paragraph (a). Each form must be any hearing and the hearing officer’s signed and dated by the fishing vessel recommended decision, if any, as List of Subjects in 50 CFR Part 660 operator. provided in paragraph (l)(3) of this Administrative practice and (1) The operator of any vessel subject section; and such other considerations procedure, American Samoa, Fisheries, to the requirements of §§ 660.21(a) as deemed appropriate. The Regional Fishing, Fishing Gear, Guam, Hawaiian through (c), 660.41, or 660.81 must Administrator will notify the appellant Natives, Indians, Northern Mariana submit the original logbook form for of the decision and the reasons therefor, Islands, Reporting and recordkeeping each day of the fishing trip to the in writing, normally within 30 days of requirements. Regional Administrator within 72 hours the receipt of sufficient information,

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unless additional time is needed for a revised, and new paragraph (uu) is (uu) Use a U.S. vessel employing hearing. added to read as follows: pelagic handline or trolling methods to fish in the U.S. EEZ around the PRIA * * * * * § 660.22 Prohibitions. without a valid PRIA pelagic troll and 5. In § 660.22, the phrase ‘‘U.S. * * * * * handline fishing permit registered for (i) Fish with longline gear within a possessions in the Pacific Ocean area’’ use with that vessel. longline fishing prohibited area, except is revised to read ‘‘U.S. island [FR Doc. 02–11026 Filed 5–3–02; 8:45 am] possessions in the Pacific Ocean’’ each as allowed pursuant to an exemption BILLING CODE 3510–22–S place that it appears, paragraph (i) is issued under § 660.17 or § 660.27. * * * * *

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