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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 660
Docket ID: [Docket No. 050801212-5212-01; I.D. 072805A]
RIN ID: RIN 0648-AT52
NOTICE: PROPOSED RULES
ACTION: Fishery conservation and management:
DOCUMENT ACTION: Proposed rule; advance notice of proposed rulemaking; notification of control date.
SUBJECT CATEGORY: Fisheries off West Coast States and in the Western Pacific; Western Pacific Pelagic Fisheries; Control Date for Non-Longline Commercial Pelagic Fisheries in EEZ around Hawaii
DATES: Comments must be submitted in writing by October 14, 2005.
DOCUMENT SUMMARY: NMFS announces that persons who enter the non-longline commercial pelagic fisheries (e.g., troll, handline, pole and line, etc.) in the U.S. exclusive economic zone (EEZ) around the Hawaiian Islands after June 2, 2005 (``control date'') are not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (WPFMC) recommends, and NMFS approves, a program limiting entry or effort. This action does not commit the WPFMC or NMFS to limit entry, or prevent any other date from being selected for eligibility to participate in the nonlongline commercial pelagic fisheries. The WPFMC or NMFS may also use other criteria to limit fishing effort or participation in a limited entry program that is developed in the future.
SUMMARY: Pelagic fisheries non-longline exclusive economic zone control date,
SUPPLEMENTAL INFORMATION
On June 2, 2005, at its 127th meeting, the WPFMC recommended a ``control date'' of June 2, 2005, applicable to persons who are contemplating entering the nonlongline commercial fisheries for pelagic species (i.e., troll, handline, pole and line, other) in the U.S. exclusive economic zone (EEZ) around Hawaii. The WPFMC requested that this control date be published in the Federal Register to notify fishermen that if they enter these fisheries after June 2, 2005, they may not be assured of future access if the WPFMC and/or NMFS decide to limit entry or impose other measures to manage these fisheries.Establishment of a control date responds to NMFS' notice to the WPFMC, dated December 30, 2004 (69 FR 78397), that overfishing is occurring Pacificwide on bigeye tuna, and that management action must be taken by the WPFMC to end this overfishing. The WPFMC tentatively has determined that a limited access program in the U.S. EEZ around Hawaii might be one of the viable mechanisms to reduce fishing mortality in Pacific bigeye tuna, as a step toward ending overfishing in the pelagic fisheries.
The State of Hawaii maintains a registry of commercial pelagic
fishermen, as required by state regulations. In 2003, some 2,037 people
were registered as commercial pelagic fishermen. Of these, 1,681 (83
percent) were nonlongline fishermen. Most of these nonlongline
pelagic fishermen were active in the EEZ and, thus, represent an
estimate of fishermen who could be affected by this control date. Based
on the state's 2003 commercial fishing data reported by fishermen, the
total catch of pelagic species in Hawaii was 22.6 million lb (10,251
mt), of which 5.2 million lb (2,359 mt)(23 percent) was made by non
longline smallboat pelagic methods. The entire pelagic fishery landed fish with an exvessel value of $47.9 million, of which
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about $9.3 million (19.4 percent) were from nonlongline methods.
Control dates are intended to discourage speculative entry into fisheries, as new entrants entering the fishery after the control date are forewarned that they are not guaranteed future participation in the fishery.
Establishment of this control date does not commit the WPFMC or NMFS to any particular management regime or criteria for entry into the nonlongline commercial pelagic fisheries. Fishermen are not guaranteed future participation in this fishery, regardless of their level of participation before or after the control date. The WPFMC may recommend a different control date or it may choose a management regime that does not involve a control date. Other criteria, such as documentation of commercial landings and sales, may be used to determine eligibility for participation in a limited access fishery. The WPFMC and/or NMFS also may choose to take no further action to control entry or access to the fishery, in which case the control date may be rescinded.
Classification
This advance notice of proposed rulemaking has been determined to be not significant for the purposes of Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 10, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
[FR Doc. 0516121 Filed 81205; 8:45 am]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT Robert Harman, NMFS PIR, at 808-944- 2271.
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