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 VerDate Feb< 1>2002 12:42 May 03, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM pfrm13 PsN: 06MYP1 Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules 30347 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).