Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations 70603

including weekends and Federal SUMMARY: This final rule implements FMP management unit holidays) before the vessel leaves port Amendment 13 to the Fishery include the spiny lobsters on a fishing trip, any part of which Management Plan for Panulirus marginatus and P. occurs in the EEZ around the Hawaiian Fisheries of the Western Pacific Region penicillatus, slipper lobsters of the Archipelago or American Samoa. The (Crustacean FMP). The rule designates family Scyllaridae, and Kona (spanner) vessel operator will be presumed to be deepwater of the genus crab, Ranina ranina. an agent designated by the permit as management unit Western Pacific commercial trap holder unless the Regional species (MUS), and requires Federal fisheries for deepwater shrimp are Administrator is otherwise notified by permits and data reporting for intermittent. There have been sporadic the permit holder. The permit holder or deepwater shrimp fishing in Federal operations in Hawaii since the 1960s, designated agent for a vessel registered waters of the western Pacific. The final small-scale fisheries in Guam during the for use under Hawaii longline limited rule is intended to improve information 1970s, and some activity in the CNMI access permits must also provide on deepwater shrimp fisheries and their during the mid–1990s. The fisheries notification of the trip type (either deep- ecosystem impacts, and to provide a have been unregulated, and there has setting or shallow-setting). basis for future management of the been no comprehensive collection of (b) The permit holder, or designated fisheries, if needed. information about the fisheries. Most of agent, for any vessel registered for use DATES: This final rule is effective these fishing ventures have been short- under a Western Pacific squid jig fishing December 22, 2008, except for the lived, probably as a result of sometimes- permit that is greater than 50 ft (15.4 m) amendments to §§ 665.13, 665.41, and frequent loss of traps, a shrimp product in length overall, shall provide a notice 665.42, which require approval by the with a short shelf life and history of to the Regional Administrator at least 72 Office of Management and Budget inconsistent quality, and the rapid hours (not including weekends and (OMB) under the Paperwork Reduction localized depletion of deepwater shrimp Federal holidays) before the vessel Act (PRA). When OMB approval is stocks leading to low catch rates. leaves port on a fishing trip, any part of received, the effective date will be Despite these hurdles, interest in which occurs in western Pacific EEZ announced in the Federal Register. deepwater shrimp fisheries continues. Amendment 13 designates deepwater waters. The vessel operator will be ADDRESSES: The Fishery Management shrimp of the genus Heterocarpus as presumed to be an agent designated by Plan for Crustacean Fisheries of the management unit species under the the permit holder unless the Regional Western Pacific Region and Amendment FMP, and requires Federal permits and Administrator is otherwise notified by 13 are available from the Western the permit holder. reporting for deepwater shrimp fishing Pacific Fishery Management Council in the U.S. EEZ. The species complex (c) For purposes of this section, the (Council), 1164 Bishop St., Suite 1400, notice must be provided to the office or includes all eight species of deepwater Honolulu, HI 96813, tel 808–522–8220, shrimp in the western Pacific telephone number designated by the fax 808–522–8226, or (Heterocarpus ensifer, H. laevigatus, H. Regional Administrator. The notice www.wpcouncil.org. sibogae, H. gibbosus, H. lepidus, H. must provide the official number of the Written comments regarding the dorsalis, H. tricarinatus and H. vessel, the name of the vessel, the burden-hour estimates or other aspects longirostris). The monitoring program intended departure date, time, and of the collection-of-information (permits and logbooks) is intended to location, the name of the operator of the requirements contained in this final rule improve understanding of these vessel, and the name and telephone may be submitted to William L. fisheries and their impact on marine number of the permit holder or Robinson, Regional Administrator, ecosystems. Although currently there designated agent to be available between NMFS, Pacific Islands Region (PIR), are no resource concerns regarding 8 a.m. and 5 p.m. (local time) on 1601 Kapiolani Blvd, Suite 1110, western Pacific deepwater shrimp, the weekdays for NMFS to contact to Honolulu, HI 96814–4700, and by e- designation of these shrimp as arrange observer placement. mail to [email protected], management unit species provides a * * * * * or fax to 202–395–7285. basis for management of the fisheries, if [FR Doc. E8–27775 Filed 11–20–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: warranted in the future. BILLING CODE 3510–22–S Brett Wiedoff, NMFS PIR Sustainable In addition to the final rule, Fisheries Division, 808–944–2272. Amendment 13 designates Essential SUPPLEMENTARY INFORMATION: This final Fish Habitat (EFH) for Heterocarpus DEPARTMENT OF COMMERCE rule is accessible at the Office of the spp., as required under the Magnuson- Federal Register’s web site: Stevens Act. EFH was designated for the National Oceanic and Atmospheric www.gpoaccess.gov/fr/. complete assemblage of adult and Administration Crustacean fisheries in the western juvenile Heterocarpus as the outer reef Pacific are Federally-managed within slopes between 300 and 700 meters 50 CFR Part 665 the waters of the U.S. Exclusive surrounding all islands and submerged [Docket No. 070719388–81445–03] Economic Zone (EEZ) around American banks in EEZ waters of the western Samoa, the Commonwealth of the Pacific. RIN 0648–AV29 Northern Mariana Islands (CNMI), In addition to adding deepwater Guam, Hawaii, and the Pacific Remote shrimp to the management unit, this Fisheries in the Western Pacific; Island Areas (PRIA, comprising Palmyra final rule reorganizes some existing Crustacean Fisheries; Deepwater Atoll, Kingman Reef, Jarvis Island, regulations relating to the Northwestern Shrimp Baker Island, Howland Island, Johnston Hawaiian Islands (NWHI) lobster AGENCY: National Marine Fisheries Atoll, Wake Island, and Midway Atoll). limited access permit program. These Service (NMFS), National Oceanic and The EEZ around the CNMI and PRIA regulations, now in paragraphs Atmospheric Administration (NOAA), extends from the shoreline seaward to § 665.41(a)(1), (a)(3), (a)(4), and Commerce. 200 nautical miles (nm), and the EEZ 665.41(d), are consolidated into around the other islands extends from paragraph § 665.41(d). The regulations ACTION: Final rule. three to 200 nm offshore. Currently, the also clarify that the harvest of

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crustacean management unit species Changes From the Proposed Rule [email protected] or fax to within the NWHI Marine National There are no changes from the 202–395–7285. Monument is subject to the proposed rule. Notwithstanding any other provision requirements of 50 CFR part 404. of the law, no person is required to Additional background information Classification respond to, and no person shall be on this final rule may be found in the The Regional Administrator, Pacific subject to penalty for failure to comply preamble to the proposed rule Islands Region, NMFS, determined that with, a collection of information subject published on August 22, 2008 (73 FR Crustaceans FMP Amendment 13 is to the requirements of the PRA, unless 49638), and is not repeated here. necessary for the conservation and that collection of information displays a Comments and Responses management of the deepwater shrimp currently valid OMB control number. List of Subjects in 50 CFR Part 665 On August 14, 2008, NMFS published fishery, and that it is consistent with the Magnuson-Stevens Fishery Administrative practice and a notice of availability and request for procedure, American Samoa, Fisheries, public comment on Amendment 13, Conservation and Management Act and other applicable laws. Fishing, Guam, Hawaii, Hawaiian including a Draft Environmental Natives, Northern Mariana Islands, Assessment (73 FR 47577). The This final rule has been determined to be not significant for purposes of Pacific remote island areas, Reporting amendment comment period ended on and recordkeeping requirements. October 14, 2008. On August 28, 2008, Executive Order 12866. NMFS published a proposed rule (73 FR The Chief Council for Regulation of Dated: November 17, 2008. 50751) that would implement the the Department of Commerce certified Samuel D. Rauch III, management measures recommended by to the Chief Council for Advocacy of the Deputy Assistant Administrator For the Council in Amendment 13. The Small Business Administration during Regulatory Programs, National Marine proposed rule comment period ended the proposed rule stage that this action Fisheries Service. on October 6, 2008. NMFS received would not have a significant economic ■ For the reasons set out in the comments from the public, and impact on a substantial number of small preamble, 50 CFR part 665 is amended responds as follows: entities. The factual basis for the as follows: Comment 1: ‘‘Ghost fishing,’’ or certification was published in the harvesting by traps that are lost and left proposed rule and is not repeated here. PART 665—FISHERIES IN THE on the fishing grounds, can be a No comments were received regarding WESTERN PACIFIC problem when traps are lost, and this certification. As a result, a ■ regulatory flexibility analysis was not 1. The authority citation for 50 CFR modifications to trap design can lessen part 665 continues to read as follows: or eliminate the problem of ghost required and none was prepared. fishing by lost traps. Is trap design This final rule contains collection-of- Authority: 16 U.S.C. 1801 et seq. considered in this rule? information requirements subject to the ■ 2. In § 665.12, revise the definition of Response: The final rule does not PRA. These requirements have not yet ‘‘Crustaceans management unit species’’ specify trap design or fishing operations been approved by OMB, but such to read as follows: to reduce the potential for ghost fishing. approval is expected in the near future. § 665.12 Definitions. The rule establishes deepwater shrimp NMFS will publish a notice when these as a management unit species, and requirements are cleared by OMB and * * * * * implements permitting and data are, therefore, effective (see DATES). Crustaceans management unit species collection programs. These measures NMFS anticipates that initial permit means the following crustaceans: will ensure that quality information is applications would require 0.5 hours Common Name Scientific Name collected about the fishery, including per applicant, with renewals requiring gear loss, and will establish a an additional 0.5 hours annually. It is Spiny lobsters Panulirus marginatus ..... foundation for regulating the fishery, if estimated that NMFS may receive and P. penicillatus. needed in the future. If the information process up to 10 permit applications Slipper lobsters family Scyllaridae. indicates that gear loss and resulting each year. Thus, the total collection-of- Kona crab Ranina ranina. ghost fishing are significant problems, information burden to fishermen for Deepwater shrimp Heterocarpus spp.. the Council and NMFS could consider permit applications is estimated at five measures to mitigate the problem, as (5) hours per year. The cost for * * * * * necessary. individual Federal permits has not been ■ 3. In § 665.13, revise paragraphs Comment 2: If these deepwater determined, but would represent only (f)(2)(i) through (f)(2)(v), and add a new shrimp are found as deep as 800 m, and the administrative cost and is paragraph (f)(2)(vi) to read as follows: if the highest catches of deepwater anticipated to be approximately $30 per shrimp in the NWHI were made at 500– permit. § 665.13 Permits and fees. 800 m, why is Essential Fish Habitat NMFS anticipates the time * * * * * (EFH) being established by Amendment requirement to complete Federal catch (f) * * * 13 only to a lower depth limit of 700 m? reports to be approximately 10 minutes (2) * * * Response: Certain habitat is being per vessel per fishing day. Assuming (i) Hawaii longline limited access designated as ‘‘essential’’ for the that 10 vessels fish up to 100 days per permit. complete assemblage of adults and year, the total collection-of-information (ii) Mau Zone limited access permit. juveniles of all eight species; there may burden estimate for fishing data (iii) Coral reef ecosystem special be individuals or species that are found reporting is estimated at 167 hours per permit. and harvested shallower or deeper. As year. Send comments regarding these (iv) American Samoa longline limited new information about these species burden estimates or any other aspect of access permit. and the fishery that targets them this data collection, including (v) Main Hawaiian Islands non- becomes available, the Council and suggestions for reducing the burden, to commercial bottomfish permit. NMFS may reconsider the EFH William L. Robinson (see ADDRESSES), (vi) Crustaceans permit. designations. and by e-mail to * * * * *

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■ 4. In § 665.41, revise paragraphs (a) DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: and (d) to read as follows: Steve Whitney, 907–586–7269. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: NMFS § 665.41 Permits. Administration manages the groundfish fishery in the (a) Applicability. (1) The owner of any GOA exclusive economic zone 50 CFR Part 679 vessel used to fish for lobster in according to the Fishery Management Crustaceans Permit Area 1 must have a [Docket No. 071106671–8010–02] Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North lobster limited access permit issued for RIN 0648–XL92 such vessel. Pacific Fishery Management Council Fisheries of the Exclusive Economic under authority of the Magnuson– (2) The owner of any vessel used to Stevens Fishery Conservation and fish for lobster in Crustaceans Permit Zone Off Alaska; Northern Rockfish in the Gulf of Alaska Management Act. Regulations governing Areas 2, 3, or 4 must have a permit fishing by U.S. vessels in accordance issued for that vessel. AGENCY: National Marine Fisheries with the FMP appear at subpart H of 50 (3) The owner of any vessel used to Service (NMFS), National Oceanic and CFR part 600 and 50 CFR part 679. fish for deepwater shrimp in Atmospheric Administration (NOAA), NMFS closed the directed fishery for Crustaceans Permit Areas 1, 2, 3, or 4 Commerce. northern rockfish in the Western must have a permit issued for that ACTION: Temporary rule; modification of Regulatory Area of the GOA on October vessel. a closure. 6, 2008 (73 FR 58899, October 8, 2008). NMFS has determined that (4) Harvest of crustacean management SUMMARY: NMFS is opening directed approximately 258 mt of the 2008 TAC unit species within the Northwestern fishing for northern rockfish in the of northern rockfish in the Western Hawaiian Islands Marine National Western Regulatory Area of the Gulf of Regulatory Area of the GOA remain in Monument is subject to the Alaska (GOA). This action is necessary the directed fishing allowance. requirements of 50 CFR part 404. to fully use the 2008 total allowable Therefore, in accordance with * * * * * catch (TAC) of northern rockfish in the § 679.25(a)(1)(i), (a)(2)(i)(C), and Western Regulatory Area of the GOA. (a)(2)(iii)(D), and to fully utilize the (d) Lobster Limited Access Permit DATES: Effective 1200 hrs, Alaska local 2008 TAC of northern rockfish in the Requirements. time (A.l.t.), November 18, 2008, Western Regulatory Area of the GOA, (1) A lobster limited access permit is through 2400 hrs, A.l.t., December 31, NMFS is terminating the previous valid for fishing only in Crustaceans 2008. Comments must be received at the closure and is reopening directed Permit Area 1. following address no later than 4:30 fishing for northern rockfish in the Western Regulatory Area of the GOA. (2) Only one permit will be assigned p.m., A.l.t., December 3, 2008. The opening is effective 1200 hrs, A.l.t., to any vessel. ADDRESSES: Send comments to Sue Salveson, Assistant Regional November 18, 2008, through 2400 hrs, (3) No vessel owner will have permits Administrator, Sustainable Fisheries A.l.t., December 31, 2008. for a single vessel to harvest lobsters in Division, Alaska Region, NMFS, Attn: Classification Permit Areas 1 and 2 at the same time. Ellen Sebastian. You may submit This action responds to the best (4) A maximum of 15 limited access comments, identified by ‘‘RIN 0648– available information recently obtained permits can be valid at any time. XL92,’’ by any one of the following methods: from the fishery. The Assistant * * * * * • Electronic Submissions: Submit all Administrator for Fisheries, NOAA, ■ 5. In § 665.42, add a new paragraph (c) electronic public comments via the (AA) finds good cause to waive the to read as follows. Federal eRulemaking Portal website at requirement to provide prior notice and http://www.regulations.gov. opportunity for public comment § 665.42 Prohibitions. • Mail: P. O. Box 21668, Juneau, AK pursuant to the authority set forth at 5 * * * * * 99802. U.S.C. 553(b)(B) as such a requirement • Fax: (907) 586–7557. is impracticable and contrary to the (c) In any Crustaceans Permit Area, it • Hand delivery to the Federal public interest. This requirement is is unlawful for any person to: Building: 709 West 9th Street, Room impracticable and contrary to the public (1) Fish for, take, or retain deepwater 420A, Juneau, AK. interest as it would prevent NMFS from shrimp without a permit issued under All comments received are a part of responding to the most recent fisheries § 665.41. the public record and will generally be data in a timely fashion and would posted to http://www.regulations.gov delay the opening of the northern (2) Falsify or fail to make, keep, without change. All Personal Identifying rockfish fishery in the Western maintain, or submit Federal reports and Information (e.g., name, address) Regulatory Area of the GOA. Immediate records of harvests of deepwater shrimp voluntarily submitted by the commenter notification is necessary to allow for the as required under § 665.14. may be publicly accessible. Do not orderly conduct and efficient operation [FR Doc. E8–27773 Filed 11–20–08; 8:45 am] submit Confidential Business of this fishery, to allow the industry to BILLING CODE 3510–22–S Information or otherwise sensitive or plan for the fishing season, and to avoid protected information. potential disruption to the fishing fleet NMFS will accept anonymous and processors. NMFS was unable to comments (enter N/A in the required publish a notice providing time for fields, if you wish to remain public comment because the most anonymous). Attachments to electronic recent, relevant data only became comments will be accepted in Microsoft available as of November 13, 2008. Word, Excel, WordPerfect, or Adobe The AA also finds good cause to portable document file (pdf) formats waive the 30-day delay in the effective only. date of this action under 5 U.S.C.

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