[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)] [Rules and Regulations] [Pages 35162-35163] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-17274] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 980319068-8155-02; I.D. 021998A] RIN 0648-AK59 Fisheries Off West Coast States and in the Western Pacific; Western Pacific Bottomfish Fishery; Fishing Moratorium AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS is extending the current moratorium on harvesting seamount groundfish from the Hancock Seamount in the Northwestern Hawaiian Islands until August 31, 2004. The fishery has been under a moratorium since 1986. This action is being taken in response to a recommendation by the Western Pacific Fishery Management Council (Council), which heard reports from its Bottomfish Plan Team and Scientific and Statistical Committee that revealed that armorhead (Pentaceros richardsoni), an overfished seamount species, has not recovered. The intent of this action is to allow the protection provided for this resource to continue. DATES: Effective September 1, 1998. ADDRESSES: Request for information relevant to this action should be sent to William T. Hogarth, Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802. FOR FURTHER INFORMATION CONTACT: James J. Morgan or Svein Fougner, Assistant Regional Administrator for Sustainable Fisheries, (562) 980- 4030, or Al Katekaru, Pacific Islands Area Office, (808) 973-2985. SUPPLEMENTARY INFORMATION: A proposed rule was published in the Federal Register on March 26, 1998 (63 FR 14675) requesting public comments on extending the moratorium on harvesting seamount groundfish from Hancock Seamount in the Northwestern Hawaiian Islands until August 31, 2004. There were no comments received during the public comment period ending May 11, 1998. This resource was overfished by foreign vessels before the Magnuson Fishery Conservation and Management Act was implemented; it has never been the target of domestic fishermen. The original Fishery Management Plan for the Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region, implemented in 1986, established a moratorium on fishing for bottomfish and seamount groundfish (51 FR 27413, July 31, 1986). Periodic reviews of the stocks indicated that no recovery had occurred. Therefore, on August 17, 1992 (57 FR 36907), the moratorium was extended to August 31, 1998. Armorhead was listed as overfished in the September 1997 ``Report to Congress Status of Fisheries of the United States.'' The last U.S. research cruise of Hancock Seamount was conducted in 1993; however, the Japanese trawl fleet continues to harvest armorhead on neighboring seamounts outside the exclusive economic zone (EEZ). According to bottom trawl catch and effort statistics provided by the National Research Institute of the Far Seas Fisheries, the most current (1995) spawning potential ratio (SPR) for the armorhead stock is 1.8 percent at all seamounts outside the EEZ. These seamounts comprise 95 percent of the trawl grounds and 91 percent of the total historic seamount-wide catch in the Japanese trawl fishery. Based on the low SPR value, it is inferred that the status of the Hancock Seamount armorhead stock is similarly depressed and well under the current 20 percent SPR definition for an overfished stock. At its April 21, 1997, meeting, the Council heard reports from its Bottomfish Plan Team and Scientific and Statistical Committee on the status of seamount groundfish resources. On the basis of those reports, and in accordance with the framework procedures at 50 CFR 660.67, the Council recommended that the moratorium be extended for at least another 6 years (i.e., August 31, 2004). The Council recognizes that the stocks extend outside the EEZ and that the moratorium will not ensure recovery of the resource within the EEZ; however, the action is in accordance with U.S. responsibilities under the Magnuson-Stevens Fishery Conservation and Management Act. The Council also has taken action to convene a panel of international experts to explore possible international management of the Emperor and Hawaiian Ridge Seamount armorhead fishery under the aegis of the United Nations Agreement Relating to [[Page 35163]] Straddling Fish Stocks and Highly Migratory Fish Stocks. Classification This final rule has been determined to be not significant for purposes of E.O. 12866. The Assistant General Counsel for Legislation and Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule, would not have a significant economic impact on a substantial number of small entities. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not prepared. List of Subjects in 50 CFR Part 660 Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping requirements. Dated: June 23, 1998. David L. Evans, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 2. Section 660.68 is revised to read as follows: Sec. 660.68 Fishing moratorium on Hancock Seamount. Fishing for bottomfish and seamount groundfish on the Hancock Seamount is prohibited through August 31, 2004. [FR Doc. 98-17274 Filed 6-26-98; 8:45 am] BILLING CODE 3510-22-F