[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Rules and Regulations]
[Page 27253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13500]



[[Page 27253]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-XN78


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 2008-09 fishing year.

DATES: Effective July 6, 2009, through August 31, 2009.

FOR FURTHER INFORMATION CONTACT: Bob Harman, Sustainable Fisheries 
Division, NMFS Pacific Islands Region, 808-944-2271.

SUPPLEMENTARY INFORMATION: Bottomfish fishing in Hawaii is managed 
under the Fishery Management Plan for 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 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 permitted to fish in the Mau and Ho omalu Zones or 
Pacific Remote Island Areas, 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 non-Deep 7 bottomfish species 
throughout the year.
    The TAC limit for the 2008-09 fishing year was recommended by the 
Council, and specified by NMFS, as 241,000 lb (109,316 kg) of Deep 7 
bottomfish (74 FR 6998; February 12, 2009). Progress toward the 2008-09 
TAC is monitored using information reported by holders of State of 
Hawaii commercial marine licenses through monthly catch reports 
submitted to the State. Based on this information, the TAC for the 
2008-09 fishing year is projected to be reached on or before July 6, 
2009.
    In accordance with Sec.  665.72(c), this document serves as advance 
notification to fishermen, the fishing industry, and the general public 
that the Main Hawaiian Islands Deep 7 bottomfish fishery will be closed 
from July 6, 2009, through the remainder of the fishing year. The 2009-
10 fishing year is scheduled to open on September 1, 2009. The TAC for 
the 2009-10 fishing year will be published in the Federal Register by 
August 31, 2009.
    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: June 3, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-13500 Filed 6-8-09; 8:45 am]
BILLING CODE 3510-22-S