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Fisheries Off West Coast States and in the Western Pacific; Pelagic Fisheries; Prohibition on Fishing for Pelagic Management Unit Species; Nearshore Area Closures Around American Samoa by Vessels More Than 50 Feet in Length
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 30, 2002 (Volume 67, Number 20)]
[Rules and Regulations]
[Page 4369-4372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja02-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 010710171-2013-02; I.D. 051401B]
RIN 0648-AL41
Fisheries Off West Coast States and in the Western Pacific;
Pelagic Fisheries; Prohibition on Fishing for Pelagic Management Unit
Species; Nearshore Area Closures Around American Samoa by Vessels More
Than 50 Feet in Length
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to prohibit certain vessels from
fishing for Pacific pelagic management unit species (PMUS) within
nearshore areas seaward of 3 nautical miles (nm) to approximately 50 nm
around the islands of American Samoa. This prohibition applies to
vessels that measure more than 50 ft (15.2 m) in length overall and
that did not land pelagic management unit species in American Samoa
under a Federal longline general permit prior to November 13, 1997.
This action is intended to prevent the potential for gear conflicts and
catch competition between large fishing vessels and locally based small
fishing vessels. Such conflicts and competition could lead to reduced
opportunities for sustained participation by residents of American
Samoa in the small-scale pelagic fishery.
DATES: Effective March 1, 2002.
ADDRESSES: Copies of the Final Environmental Impact Statement for the
Fishery Management Plan for the Pelagic Fisheries of the Western
Pacific Region (FEIS) may be obtained from Dr. Charles Karnella,
Administrator, NMFS, Pacific Islands Area Office (PIAO), 1601 Kapiolani
Blvd., Suite 1110, Honolulu, HI 96814. Copies of the regulatory impact
review/final regulatory flexibility analysis (RIR/FRFA) prepared for
this final rule may be obtained from Ms. Kitty Simonds, Executive
Director, Western Pacific Fishery Management Council, 1164 Bishop
Street, Suite 1400, Honolulu, HI 96813.
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, PIAO, at 808-973-2937.
SUPPLEMENTARY INFORMATION: A proposed rule was published in the Federal
Register on July 31, 2001 (66 FR 39475). As discussed in the proposed
rule, small vessel fishermen have raised concerns over the potential
for gear conflicts between the small-vessel (less than or equal to 50
ft (15.2 m) in length overall) fishing fleet and large longline fishing
vessels greater than 50 ft (15.2 m) length overall, hereafter called
``large vessels,'' targeting PMUS in the American Samoa pelagic
fishery, as well as regarding adverse impacts on fishery resources
resulting from the increased numbers of large fishing vessels in the
fishery. Due to the limited mobility of the smaller vessels, an influx
of large domestic vessels fishing in the nearshore waters of the U.S.
exclusive economic zone (EEZ) around American Samoa could lead to gear
conflicts, catch competition, and reduced opportunities for sustained
fishery participation by the locally based small boat operators. Local
fishermen and associated fishing communities depend on this fishery not
only for food, income, and employment, but also for the preservation of
their Samoan culture.
This final rule, is a regulatory amendment under the Fishery
Management Plan for the Pelagic Fisheries of the Western Pacific Region
(FMP). It prohibits U.S. vessels more than 50 ft (15.2 m) in length
overall from fishing for PMUS within areas 3 nm from shore (i.e.,
waters regulated by the government of American Samoa) to approximately
50 nm around the islands of American Samoa. The boundaries of the
closed areas are defined by latitude and longitude, and are delineated
as straight lines drawn point to point, except for those segments that
are bounded by the outer boundary of the EEZ around American Samoa. A
vessel owner whose longline vessel was registered for use under a
Federal longline general permit and made at least one landing of PMUS
in American Samoa on or before November 13, 1997, is exempt from this
final rule. An exemption may be registered for use with other vessels
owned by the same person; however, exemptions may not be applied to a
replacement vessel that is larger than the vessel for which it was
originally issued. If more than one person (e.g., a partnership or
corporation), owned a large vessel when it was registered for use with
a longline general permit, and made at least one landing of a PMUS
prior to November 13, 1997, an exemption will be issued to only one
person. Exemptions are not transferable between persons.
Comments and Responses
NMFS received sets of comments from three different commenters.
These comments generally supported this action. NMFS addresses comments
that recommended actions not in this final rule below.
Comment 1: One commenter recommended that the larger domestic
longline vessels operating in the EEZ around American Samoa be required
to use vessel monitoring system (VMS) units installed by NMFS to
facilitate enforcement of the closed areas around American Samoa.
Response: NMFS agrees that VMS would enhance monitoring and
enforcement of area closures around American Samoa as demonstrated by
its application to the longline area closures around the Hawaiian
Islands. However, due to budgetary constraints, NMFS is unable to
provide VMS units to all the large longline vessels. NMFS may consider
requiring industry to purchase VMS units for those vessels that do not
already have them. However, VMS may not be necessary for an effective
area closure program with adherence to these new closures and
cooperation among the fishermen, both small and large fishing vessel
operators and the local community to avoid conflicts and localized
depletions of the fisheries.
Comment 2: One commenter recommended a more extensive 100-nm closed
area around Rose Atoll, a National Wildlife Refuge. An extended area
closure would provide a larger buffer zone around the atoll and
safeguard against potential groundings of fishing vessels.
Response: NMFS believes the 50-nm nearshore closure provides
adequate protection for the fauna and flora at Rose Atoll, while
striking a balance with the needs of large domestic longline fishing
vessels for access to offshore fishing grounds.
The final rule is changed from the proposed rule with respect to
the coordinates specified for the boundaries of the closed areas around
Swains Island and the remainder of the American Samoa islands (Tutuila
Island, the Manu'a Islands, and Rose
[[Page 4370]]
Atoll). These coordinates describe generally rectangular shapes
approximating the radius of 50-nm circles drawn around each island or
island group. Although this change will not affect the intent of this
action, i.e, establish 50-nm area closures, it corrects and improves
the coordinates of the closure area boundaries that were published in
the proposed rule. Some of those coordinates in the proposed rule were
determined by utilizing outdated technology and information that
resulted in area closures substantially greater than those intended by
the Council. In another situation, the coordinates published for the
area around Swains Island were based on an earlier Council
recommendation for a 30-nm closure.
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
On March 30, 2001, NMFS issued a FEIS that analyzes the
environmental impacts of U.S. pelagic fisheries in the western Pacific
region. This analysis includes the pelagic longline fishery around
American Samoa. The FEIS was filed with the Environmental Protection
Agency; a Notice of Availability was published on April 6, 2001 (66 FR
18243). In November 2000, the Council prepared a background document/
environmental assessment on the prohibition on fishing for PMUS within
closed areas around the islands of American Samoa. Information from
this document was used to evaluate and provide the basis for adoption
of the preferred alternative contained in the subsequent FEIS.
A FRFA that describes and updates the impact this final rule is
likely to have on small entities was prepared and is available from
(see ADDRESSES). A summary of the FRFA follows.
The need for and objectives of this final rule are stated in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this document and are
not repeated here. No comments on the initial regulatory flexibility
analysis or the economic effects of this action were received. This
action does not contain reporting and recordkeeping requirements or any
compliance requirements that would impact small entities. It will not
duplicate, overlap, or conflict with any other Federal rules. This
action is taken under authority of the Magnuson-Stevens Fishery
Conservation and Management Act and regulations at 50 CFR part 660.
Both large and small longline vessels affected by this final rule
are considered to be ``small entities'' under guidelines issued by the
Small Business Administration because they are independently owned and
operated, and have annual receipts not in excess of $3 million. Based
on information provided in the FRFA, this rule could potentially impact
an estimated 52 active vessel operators, employing 33 small (equal to
or less than less than 50 ft) longline vessels and 19 large (greater
than 50 ft) longline vessels, two or three of which may qualify for
exemption. It could also potentially impact an additional 22 small
vessels, and 10 large vessels, which have inactive longline permits.
Albacore trolling vessel operators are not anticipated to be
significantly impacted as they have not historically fished in the EEZ
around American Samoa. Similarly, impacts on tuna purse seine vessel
operators are expected to be low as they are believed to have made a
total of only eleven sets in the EEZ around American Samoa over the
past decade, and will likely continue fishing outside of the closed
area.
NMFS considers that this rule provides a balanced approach that
allows large domestic vessels, primarily longliners, to continue
fishing within two-thirds of the U.S. exclusive economic zone (EEZ)
around American Samoa, while maintaining one-third for use by local
small-scale fishing vessels. The overall direct economic impacts of
this final rule are not quantifiable, as pelagic fisheries interactions
are difficult to document and model due to inadequate data,
insufficient knowledge of the biology and population dynamics of the
resource, and poor understanding of environmental influences. In
addition, how various gears fishing in the same time and area compete
for local fishery resources and the effects on availability of the
target fish are poorly understood. Although most large vessel fishing
effort around American Samoa already takes place outside of the closed
area and thus will be unaffected by this measure, some large vessel
operators continue to fish within 50 nm of shore. This choice is due to
several factors, including greater familiarity with those fishing
grounds. It is estimated that the costs of this measure to the
operators of these displaced large vessels will average between $1,960
to $4,900 per vessel. These costs, which are between 1 and 2.5 percent
of the average annual operating costs of such vessels, depend largely
on the size of the individual vessel. Once these displaced vessels
become more familiar with the offshore areas, they may anticipate
annual increases in vessel gross revenues which will offset the losses
resulting from this closure. Current cannery prices, along with higher
longline catch rates in offshore areas (as indicated by logbook data),
may enable them to recoup, or potentially surpass, the losses resulting
from this action.
Four alternatives to this final rule were considered and rejected.
The first alternative would have closed waters within 50 nm of Tutuila
Island, the Manu'a Islands, and Rose Atoll, and within 30 nm of Swains
Island. This alternative was rejected because this approach would have
provided unequal and insufficient protection for small vessel operators
who chose to fish around Swains Island, as well as for those that might
decide to become home ported there. The second alternative would have
closed waters within 100 nm around all islands of American Samoa and
was rejected because the potential negative economic impacts on large
vessels was considered to outweigh the possible benefits to the local
small-vessel fishing fleet of approximately 30 active vessels fishing
generally within 50 nm from shore. The third alternative would have
excluded large U.S. pelagic fishing vessels from waters around American
Samoa in which the FMP already prohibits longline fishing by foreign
vessels (an area approximately 20 nm around each island) and was
rejected because such small closed areas would have provided
insufficient protection for the local small-vessel fishing fleet. The
fourth alternative to this rule was no action. This alternative was
rejected as it would not provide any protection to the small vessel
fleet.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA) states that for each rule or group of related
rules for which an agency is required to prepare a FRFA, the agency
shall publish one or more guides to assist small entities in complying
with the rule, and shall designate such publications as ``small entity
compliance guides''. The agency shall explain the actions a small
entity is required to take to comply with a rule or group of rules. As
part of this rule making process, a small entity compliance guide
(compliance guide) was prepared. Copies of this final rule and the
compliance guide will be sent to all holders of permits issued for the
western Pacific pelagic fisheries. The compliance guide will be
available at the following web site http://swr.nmfs.noaa.gov/piao/
guides.htm. 
Copies can also be obtained from the PIAO (see ADDRESSES).
On October 1, 2001, NMFS completed an informal Endangered Species
Act section 7 consultation on the final rule. The informal consultation
concluded
[[Page 4371]]
that this action is not likely to adversely affect listed species or
critical habitat considered in the March 29, 2001, biological opinion
(BiOp) issued by NMFS for authorization of pelagic fisheries under the
FMP. The informal consultation stated that there is no information that
would indicate that the final rule will alter the potential for impact
to listed species or critical habitat from the Federal action as
analyzed in the BiOp.
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, and
Reporting and recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2002.
William T. Hogarth,
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 660.12 is amended by adding the definition of ``Large
vessel'' and revising the definition of ``Length overall (LOA) or
length of a vessel'' as follows:
Sec. 660.12 Definitions.
* * * * *
Large vessel means, as used in Secs. 660.22, 660.37, and 660.38,
any vessel greater than 50 ft (15.2 m) in length overall.
Length overall (LOA) or length of a vessel means, as used in Secs.
660.21(i) and 660.22, the horizontal distance, rounded to the nearest
foot (with any 0.5 foot or 0.15 meter fraction rounded upward), between
the foremost part of the stem and the aftermost part of the stern,
excluding bowsprits, rudders, outboard motor brackets, and similar
fittings or attachments (see Figure 2 to this part). ``Stem'' is the
foremost part of the vessel, consisting of a section of timber or
fiberglass, or cast forged or rolled metal, to which the sides of the
vessel are united at the fore end, with the lower end united to the
keel, and with the bowsprit, if one is present, resting on the upper
end. ``Stern'' is the aftermost part of the vessel.
* * * * *
3. In Sec. 660.22, paragraph (uu) is added to read as follows:
Sec. 660.22 Prohibitions.
* * * * *
(uu) Use a large vessel to fish for Pacific pelagic management unit
species within an American Samoa large vessel prohibited area except as
allowed pursuant to an exemption issued under Sec. 660.38.
4. A new Sec. 660.37, under subpart C, is added to read as
follows:
Sec. 660.37 American Samoa pelagic fishery area management.
(a) Large vessel prohibited areas. A large vessel of the United
States may not be used to fish for Pacific pelagic management unit
species in the American Samoa large vessel prohibited areas as defined
in paragraphs (b) and (c) of this section, except as allowed pursuant
to an exemption issued under Sec. 660.38.
(b) Tutuila Island, Manu'a Islands, and Rose Atoll (AS-1). The
large vessel prohibited area around Tutuila Island, the Manu'a Islands,
and Rose Atoll consists of the waters of the EEZ around American Samoa
enclosed by straight lines connecting the following coordinates:
------------------------------------------------------------------------
Point S. lat. W. long.
------------------------------------------------------------------------
AS-1-A 13 deg. 167 deg.
30' 25'
AS-1-B 15 deg. 167 deg.
13' 25'
------------------------------------------------------------------------
and from Point AS-1-A westward along the latitude 13 deg. 30' S. until
intersecting the U.S. EEZ boundary with Samoa, and from Point AS-1-B
westward along the latitude 15 deg. 13' S. until intersecting the U.S.
EEZ boundary with Samoa.(c) Swains Island (AS-2). The large vessel
prohibited area around Swains Island consists of the waters of the EEZ
around American Samoa enclosed by straight lines connecting the
following coordinates:
------------------------------------------------------------------------
Point S. lat. W. long.
------------------------------------------------------------------------
AS-2-A 11 deg. 171 deg.
48' 50'
AS-2-B 11 deg. 170 deg.
48' 20'
------------------------------------------------------------------------
and from Point AS-2-A northward along the longitude 171 deg. 50' W.
until intersecting the U.S. EEZ boundary with Tokelau, and from Point
AS-2-B northward along the longitude 170 deg. 20' W. until intersecting
the U.S. EEZ boundary with Tokelau.
4. A new Sec. 660.38, under subpart C, is added to read as
follows:
Sec. 660.38 Exemptions for American Samoa large vessel prohibited
areas.
(a) An exemption will be issued to a person who currently owns a
large vessel, to use that vessel to fish for Pacific pelagic management
unit species in the American Samoa large vessel prohibited management
areas, if he or she had been the owner of that vessel when it was
registered for use with a longline general permit and made at least one
landing of Pacific pelagic management unit species in American Samoa on
or prior to November 13, 1997.
(b) A landing of Pacific pelagic management unit species for the
purpose of this section must have been properly recorded on a NMFS
Western Pacific Federal daily longline form that was submitted to NMFS,
as required in Sec. 660.14.
(c) An exemption is valid only for a vessel that was registered for
use with a longline general permit and landed Pacific pelagic
management unit species in American Samoa on or prior to November 13,
1997, or for a replacement vessel of equal or smaller LOA than the
vessel that was initially registered for use with a longline general
permit on or prior to November 13, 1997.
(d) An exemption is valid only for the vessel for which it is
registered. An exemption not registered for use with a particular
vessel may not be used.
(e) An exemption may not be transferred to another person.
(f) If more than one person, e.g., a partnership or corporation,
owned a large vessel when it was registered for use with a longline
general permit and made at least one landing of Pacific pelagic
management unit species in American Samoa on or prior to November 13,
1997, an exemption issued under this section will be issued to only one
person.
5. The caption to Figure 2 to part 660 is revised to read as
follows:
[[Page 4372]]
Figure 2 to Part 660 - Length of Fishing Vessel
[GRAPHIC]
[TIFF OMITTED]
TR30JA02.042
[FR Doc. 02-2261 Filed 1-29-02; 8:45 am]
BILLING CODE 3510-22-S