[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