[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Pages 18717-18718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1104]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 071211828-8448-02]
RIN 0648-XG90


Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; Fishery Closure

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the commercial and non-commercial fisheries in 
the Main Hawaiian Islands fishery for seven deepwater bottomfish 
species (``Deep 7'' bottomfish) as a result of reaching the total 
allowable catch (TAC) for the 2007-08 fishing year.

DATES: Effective April 16, 2008 through August 31, 2008.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Pacific Islands 
Region, 808-944-2273.

SUPPLEMENTARY INFORMATION: Bottomfish fishing in Hawaii is managed 
under the Fishery Management Plan for the Bottomfish and Seamount 
Groundfish Fisheries of the Western Pacific Region (Bottomfish FMP), 
developed by the Western Pacific Fishery Management Council (Council) 
and implemented by NMFS under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act. Regulations governing fishing 
by U.S. vessels in accordance with the Bottomfish FMP appear at 50 CFR 
part 665 and at subpart H of 50 CFR part 600.
    The regulations at Sec.  665.72 authorize NMFS and the Council to 
set a TAC limit for Deep 7 bottomfish for the fishing year, based on 
the best available scientific, commercial, and other information, and 
taking into account the associated risk of overfishing. The Deep 7 
bottomfish are onaga (Etelis coruscans), ehu (E. carbunculus), gindai 
(Pristipomoides zonatus), kalekale (P. sieboldii), opakapaka (P. 
filamentosus), lehi (Aphareus rutilans), and hapu'upu'u (Epinephelus 
quernus).
    When the TAC limit for the year is projected to be reached, the 
Regional Administrator is required to publish notification that the 
fishery will be closed beginning on a specified date (not earlier than 
14 days after the date of filing the closure notice for public 
inspection at the Office of the Federal Register) until the end of the 
fishing

[[Page 18718]]

year in which the TAC is reached. During the closure, no person may 
fish for, possess, or sell any Deep 7 bottomfish in the Main Hawaiian 
Islands, except as otherwise authorized by law. Specifically, fishing 
for, and the resultant possession or sale of, Deep 7 bottomfish by 
vessels legally registered to Mau Zone, Ho omalu Zone, or Pacific 
Remote Island Areas bottomfish fishing permits, and conducted in 
compliance with all other laws and regulations, are not affected by 
this closure. There is no prohibition on fishing for or selling other 
non-Deep 7 bottomfish species throughout the year.
    The TAC for the 2007-08 fishing year was established by the Council 
at 178,000 lb (80,740 kg) of Deep 7 bottomfish. Progress toward the 
2007-08 TAC is monitored using information reported by holders of State 
of Hawaii commercial marine licenses (State CML) through monthly catch 
reports submitted to the State. Based on this information, the NMFS 
Pacific Islands Fisheries Science Center projected that the TAC for the 
2007-08 fishing year will be reached on April 17, 2008. In accordance 
with Sec.  665.72(c), this document serves as a 14 day advance 
notification to fishermen, the fishing industry, and the general public 
that the Main Hawaiian Islands Deep 7 bottomfish fishery will be closed 
from April 17, 2008, through the remainder of the fishing year. The 
2008-09 fishing year will begin on September 1, 2008, and the TAC for 
the 2008-09 fishing year will be published in the Federal Register by 
August 31, 2008.
    This action is required by Sec.  665.72(c) and is exempt from 
review under Executive Order 12866.

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

    Dated: April 2, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1104 Filed 4-2-08; 1:54 pm]
BILLING CODE 3510-22-S