Fisheries Off West Coast States and in the Western Pacific; Western Pacific Crustacean Fisheries; 1999 Harvest Guideline

Under Amendment 9 to the FMP, the Southwest Regional Administrator, NMFS (Regional Administrator), sets the annual harvest guideline for the NWHI crustacean fishery. The guideline is 13 percent of the estimated exploitable lobster population (spiny and slipper lobsters combined). This harvest rate is associated with a 10- percent risk of overfishing. As described in Amendments 7 and 9 to the FMP, the total NWHI population of exploitable lobsters is estimated from commercial logbook lobster catch and effort data. The harvest guideline represents the total allowable mortality of lobsters in the fishery regardless of lobster size or reproductive condition. The Regional Administrator will close the fishery when the harvest guideline is estimated to be reached. The harvest guideline for the 1999 NWHI lobster fishery is 243,100 lobsters, based on an estimated total exploitable population of about 1,870,000 spiny and slipper lobsters (both species combined). Under Amendment 9 to the FMP, the Regional Administrator is required to announce a harvest guideline for the entire NWHI. However, the Regional Administrator has a reason to believe that, if the 1999 lobster harvest is not limited for certain fishing banks, the local lobster populations may be at risk of overexploitation. The Council and fishing industry also concur with this assessment. The Council established bank-specific harvest guidelines for the 1998 lobster season to prevent the potential risk of overexploiting the lobster population at Necker Island, Gardner Pinnacles, and Maro Reef. Those bank-specific guidelines ended on December 31, 1998. On December 2, 1998, the Council voted to recommend permanent bank-specific harvest guidelines for Necker Island, Gardner Pinnacle, Maro Reef, and all other remaining NWHI lobster grounds combined during the 1999 fishing year and subsequent years. NMFS is working with the Council to develop separate proposed and final rules for those bank-specific guidelines. The PIAO will monitor landings and issue timely reports of the level of cumulative catch information and of the amount of the harvest guideline remaining. Fishermen are advised to contact the PIAO (see ADDRESSES) periodically to stay abreast of any changes and of the progress of the fishery toward attaining the harvest guideline. Under the procedures in 50 CFR 660.50(b)(3), NMFS will announce the date upon which the harvest guideline will be reached and the date when the fishery will be closed.

Classification

This action is authorized by 50 CFR part 660 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries (AA), NOAA, finds that, because this document merely announces a harvest guideline resulting from the nondiscretionary application of the objective harvest guideline formula in Amendment 9 to the FMP, no useful purpose would be served by providing prior notice and opportunity for public comment. Accordingly, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive as unnecessary the requirement to provide prior notice and opportunity for public comment. Because prior notice and opportunity for public comment are not required for

this action by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.

Authority: 16 U.S.C. 1801 et seq.

Dated: March 5, 1999. Andrew A. Rosenberg, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 99-6048 Filed 3-10-99; 8:45 am] BILLING CODE 3510-22-F