[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16740]
[[Page Unknown]]
[Federal Register: July 11, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 681
[Docket No. 940690-4190; I.D.061794B]
RIN 0648-AG73
Crustacean Fisheries of the Western Pacific Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interpretive rule; regulatory amendment.
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SUMMARY: NMFS publishes this interpretive rule to clarify the
definition of the landing requirement in Federal regulations
implementing the Fishery Management Plan for the Crustacean Fisheries
of the Western Pacific Region (FMP). The purpose of this action is to
remove an unintended barrier to fishermen who might have difficulty
renewing their limited entry permits because there was no quota in
1993.
EFFECTIVE DATE: July 6, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. James J. Morgan at (310) 980-4036
or Mr. Alvin Z. Katekaru at (808) 541-2927.
SUPPLEMENTARY INFORMATION: The final rule implementing Amendment 7 (57
FR 10437, March 26, 1992) to the FMP established a limited entry
program for the Northwestern Hawaiian Islands. Among the provisions
implemented was the establishment of a landing requirement for renewing
permits each year. The Code of Federal Regulations at 50 CFR
681.30(c)(2) states that a permit will be renewed for a subsequent year
only if the permitted vessel was used to: (i) land the equivalent of at
least four lobsters for each trap normally used, calculated over 1
calendar year [the landing requirement] and (ii) make the landings
during at least one of the 2 years prior to the year for which the new
permit would be valid.
If a permit were not renewed or were revoked, others could apply
for the unused permit. The purpose of the rule was to ensure that only
active fishermen held permits, thereby achieving the maximum benefit
from the fishery.
Permit holders were notified by letter in December 1992 that the
1992 fishing year would be the first year to be considered as a
qualifying year. However, in 1993, the quota was set at zero lobsters
because the resource was not of a sufficient size to support a fishery.
As a result, those fishermen who had not fished in 1992 would have been
required by Federal regulations to land a minimum number of lobsters in
1993 to obtain a permit for the 1994 fishing season, but also were
forbidden by Federal regulations to fish. Therefore, the rule is being
amended to make the regulations clear that the landing requirement: (1)
will not apply until at least 2 years of lobster fishing has occurred
beginning in 1992; and (2) must be met in one of the 2 most recent
years in which lobster fishing under the limited entry program was
authorized. Since lobster fishing under the limited entry program was
authorized in 1992, and will be authorized in 1994, the landing
requirement will first be applied to permit renewals for the 1995
lobster season.
Classification
This final rule is issued under the Magnuson Fishery Conservation
and Management Act, 16 U.S.C. 1801 et seq.
In that this rule merely interprets an existing regulation without
creating any new rights or duties, it is not subject to the requirement
of notice and an opportunity for public comment under 5 U.S.C.
553(b)(A). Similarly, as an interpretive rule, this rule is not subject
to a 30 day delay in effective date pursuant to authority set forth at
5 U.S.C. 553(d)(2).
This rule has been determined to be not significant for the
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 681
Fisheries, Reporting and recordkeeping requirements.
Dated: July 6, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 681 is amended
as follows:
PART 681--WESTERN PACIFIC CRUSTACEAN FISHERIES
1. The authority citation for part 681 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 681.30, paragraph (c)(2)(ii) is revised to read as
follows:
Sec. 681.30 Limited access management program.
* * * * *
(c) * * *
(2) * * *
(ii) Beginning with renewals for the 1995 fishing season, make the
landings under paragraph (c)(2)(i) of this section during at least one
of the 2 most recent years in which fishing was authorized under
Sec. 681.31.
* * * * *
[FR Doc. 94-16740 Filed 7-6-94; 4:42 pm]
BILLING CODE 3510-22-P