Hawaii FEP - Western Pacific Fishery Council

was related to the lobster fishery, the Regional Administrator will advise the interested parties ofhis or her conclusion and the facts upon which it is based and request from the interested partiestheir advice on the necessity of protective measures and suggestions for appropriate protectivemeasures. Protective measures may include, but are not limited to, changes in trap design,changes in gear, closures of specific areas, or closures for specific periods of time.If the Regional Administrator decides that protective measures are necessary and appropriate, theRegional Administrator will prepare a document that describes the incident, the protectivemeasures proposed, and the reasons for the protective measures; provide it to the interestedparties; and request their comments. The Regional Administrator will then recommend theprotective measures to the Assistant Administrator and provide notice of this recommendation tothe Chairman of the Council and the Director of the Division of Aquatic Resources, Departmentof Land and Natural Resources, State of Hawaii. If the Assistant Administrator concurs with theRegional Administrator’s recommendation, NMFS will publish a notice in the Federal Registerthat includes a description of the incident that triggered the procedure described in this section,the protective measures to be taken, and the reasons for the protective measures. If, at any pointin the process, the Regional Administrator or Assistant Administrator decides that no furtheraction is required, the interested parties will be notified of this decision. The protective measureswill take effect 10 days after the date of publication in the Federal Register.If, at any time during the above process, the Regional Administrator determines that anemergency exists involving monk seal mortality related to the lobster fishery and that measuresare needed immediately to protect the monk seal population, the Regional Administrator willnotify the interested parties of this determination and request their immediate advice andcomments and forward a recommendation for emergency action and any advice and commentsreceived from interested parties to the Assistant Administrator. If the Assistant Administratoragrees with the recommendation for emergency action, the Regional Administrator willdetermine the appropriate emergency protective measures. NMFS will publish the emergencyprotective measures in the Federal Register and the Regional Administrator will notify theinterested parties of the emergency protective measures. Emergency protective measures areeffective for 10 days from the day following the day the first permit holder is notified of theprotective measures. Emergency protective measures may be extended for an additional 10 days,if necessary.5.4.11 At-sea Observer CoverageAll NWHI fishing vessels must carry an observer when requested to do so by the NMFSRegional Administrator. In addition, any fishing vessel (commercial or non-commercial)operating in the territorial seas or EEZ of the U.S. in a fishery identified through NMFS’ annualdetermination process must carry an observer when directed to do so.5.4.12 Framework ProceduresNew management measures may be added through rulemaking if new information demonstratesthat there are biological, social, or economic concerns in Permit Areas 1 or 2. By June 30 of eachyear, the Council-appointed Crustaceans Plan Team will prepare an annual report on the fisheries156