[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Rules and Regulations]
[Page 48422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22913]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 0908131233-91275-02]
RIN 0648-XQ14


Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; 2009-10 Main Hawaiian Islands Bottomfish Total 
Allowable Catch

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

ACTION: Final specification.

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SUMMARY: NMFS specifies a total allowable catch (TAC) of 254,050 lb 
(115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) 
for the 2009-10 fishing year.

DATES: This final specification is effective October 23, 2009.

ADDRESSES: Copies of the Fishery Management Plan for Bottomfish and 
Seamount Groundfish Fisheries of the Western Pacific Region (Bottomfish 
FMP) and related Environmental Impact Statement are available from the 
Western Pacific Fishery Management Council (Council), 1164 Bishop St., 
Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or 
www.wpcouncil.org.
    An environmental assessment (EA), was prepared that describes the 
impact on the human environment that would result from this action. 
Based on the environmental impact analysis presented in the EA, NMFS 
prepared a finding of no significant impact (FONSI). Copies of the EA 
and FONSI are available from www.regulations.gov, the Council, or 
William L. Robinson, Regional Administrator, NMFS Pacific Islands 
Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries 
Division, NMFS PIR, 808-944-2108.

SUPPLEMENTARY INFORMATION: This final specification is also accessible 
at www.gpoaccess.gov/fr.
    NMFS specifies a TAC for the 2009-10 fishing year of 254,050 lb 
(115,235 kg) of Deep 7 bottomfish in the MHI, as recommended by the 
Council, based on the best available scientific, commercial, and other 
information, taking into account the associated risk of overfishing.
    The MHI Management Subarea refers to the portion of U.S. Exclusive 
Economic Zone around the Hawaiian Archipelago lying to the east of 
161[deg] 20' W. long. 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 is projected to be reached, NMFS will close the non-
commercial and commercial Deep 7 bottomfish fisheries until the end of 
the fishing year (August 31, 2010). During a fishery closure for Deep 7 
bottomfish, no person may fish for, possess, or sell any of these fish 
in the MHI, 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 the 
closure. There is no prohibition on fishing for or selling other non-
Deep 7 bottomfish species throughout the year.
    All other management measures continue to apply in the MHI 
bottomfish fishery. The MHI bottomfish fishery reopened on September 1, 
2009, and will continue until August 31, 2010, unless the fishery is 
closed prior to August 31 as a result of the TAC being reached.
    Additional background information on this final specification may 
be found in the preamble to the proposed specification published on 
August 24, 2009 (74 FR 42641), and is not repeated here.

Comments and Responses

    On August 24, 2009, NMFS published a proposed specification and 
request for public comments on the MHI bottomfish TAC (74 FR 42641). 
The comment period ended on September 8, 2009. NMFS did not receive any 
public comments.

Classification

    The Regional Administrator, NMFS PIR, determined that this final 
specification is necessary for the conservation and management of the 
MHI bottomfish fishery, and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable 
laws.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required, and none was prepared.
    This action is exempt from review under Executive Order 12866.

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

    Dated: September 17, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-22913 Filed 9-22-09; 8:45 am]
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