[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-21185] [[Page Unknown]] [Federal Register: August 29, 1994] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 50 CFR Part 681 [Docket No. 940836-4236; I.D. 081194D] Western Pacific Crustacean Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Emergency rule; 1994 final quota for crustaceans in the Northwestern Hawaiian Islands and closure of the fishery. ----------------------------------------------------------------------- SUMMARY: NMFS announces the immediate closure of the Northwestern Hawaiian Islands (NWHI) crustacean fisheries due to the final quota being exceeded in 1994. Further lobster fishing in the NWHI is prohibited for the remainder of 1994. Lobster already harvested must be landed prior to midnight August 31, 1994. This action is intended to prevent overfishing and to achieve optimum yield according to the objectives of the Fishery Management Plan for the Crustacean Fisheries of the Western Pacific Region (FMP). EFFECTIVE DATES: Fishing for lobsters in the NWHI is prohibited from 1200 hours local time August 25, 1994, through December 31, 1994. Landings of lobsters taken from the NWHI are prohibited after 2400 hours local time on August 31, 1994. FOR FURTHER INFORMATION CONTACT: James Morgan, 310-980-4036; or Alvin Z. Katekaru, 808-973-2939. SUPPLEMENTARY INFORMATION: The lobster quota in the NWHI is announced in two steps. The initial quota is based on the previous years' fishery data, research, and other available information. The final quota is based on actual results obtained from the fishery during July, the first month of fishing. During July, 1994, 63,017 spiny and slipper lobsters were harvested by commercial fishing vessels in 75,094 trap- hauls at Necker Island, Gardner Pinnacles, Maro Reef, and St. Rogatien Bank. The catch-per-unit-of-effort (CPUE) on each bank in the NWHI was weighted by each bank's contribution to the total harvest. Substituting the weighted CPUE into the quota formula in the FMP yielded a final quota of 20,900 lobsters. The final quota is less than the initial quota because the actual CPUE (0.84 animals per trap haul) was lower than the expected CPUE (1.0 animals per trap haul) during the month of July. The commercial harvest to date exceeds the final quota; therefore, the fishery must be closed. The use of an emergency rule to close the fishery immediately is consistent with NMFS guidelines concerning the use of emergency rules published at 57 FR 375 (January 6, 1992). The time it would take to complete the normal procedures for closing the fishery under 50 CFR 681.31(c)(4) could result in substantial damage to or loss of lobster stocks. The status of the stocks is uncertain, but the stocks could not sustain a fishery in 1993 and apparently have not rebuilt as much as initially forecast. It is necessary to close the fishery immediately to prevent further fishing in excess of the quota. Failure to close the fishery could result in serious harm to the resource and loss of stock productivity, with economic harm to lobster fishery permit holders in the long run. The average daily harvest during July was more than 2,000 lobsters, and immediate closure of the fishery will likely reduce overall harvest by 10,000 or more lobsters. Further harvesting of lobsters is therefore prohibited after noon of the day after the date this rule is filed with the Office of the Federal Register. Further landings of lobster taken in Permit Area I will be prohibited beginning midnight 7 days after the date this notification is filed with the Office of the Federal Register. Classification The Assistant Administrator for Fisheries, NOAA (AA), has determined that this regulatory action is necessary to respond to an emergency situation and is consistent with the Magnuson Act and other applicable law. The final quota for 1994 already has been greatly exceeded and a delay in closure could result in serious harm to the resource, loss of stock productivity, and economic harm to the fishery. Therefore, it is necessary to close the fishery due to attainment of the final 1994 quote by emergency action pursuant to 16 U.S.C. 1855(c). The AA finds that the reasons justifying the promulgation of this rule on an emergency basis also make it impracticable to provide notice and opportunity for comment upon, or to delay for 30 days, the effective date of these emergency regulations, under the authority set forth at 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), respectively. Any delay in implementing this rule could jeopardize the resource and cause unnecessary economic harm to users of the resource. This action is authorized by 50 CFR part 681 and has been determined to be not significant for purposes of E.O. 12866. An environmental assessment has been prepared concerning this action. Based on that review, the AA for Fisheries determined that this action will not have a significant effect on the human environment, and an environmental impact statement was not necessary. Authority: 16 U.S.C. 1801 et seq. Dated: August 23, 1994. Gary C. Matlock, Program Management Officer, National Marine Fisheries Service. [FR Doc. 94-21185 Filed 8-24-94; 9:02 am] BILLING CODE 3510-22-M