[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Rules and Regulations]
[Pages 17070-17071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7619]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-XU60


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

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

[[Page 17071]]


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 2009-10 fishing year.

DATES: Effective April 20, 2010, through August 31, 2010.

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

SUPPLEMENTARY INFORMATION: Bottomfish fishing in Hawaii is managed 
under the Fishery Ecosystem Plan for the Hawaiian Archipelago (Hawaii 
FEP), 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 Hawaii FEP appear at 50 
CFR part 665 and at subpart H of 50 CFR part 600.
    The regulations at Sec.  665.211 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 
NMFS 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 2009-10 fishing year was recommended by the 
Council, and specified by NMFS, as 254,050 lb (115,235 kg) of Deep 7 
bottomfish (74 FR 48422; September 23, 2009). Progress toward the 2009-
10 TAC was 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 
2009-10 fishing year is projected to be reached on or before April 20, 
2010.
    In accordance with Sec.  665.211(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 April 20, 2010, through the remainder of the 
fishing year. The 2010-11 fishing year is scheduled to open on 
September 1, 2010. The proposed TAC for the 2010-11 fishing year will 
be published in the Federal Register by August 31, 2010.
    This action is required by Sec.  665.211(c) and is exempt from 
review under Executive Order 12866.

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

    Dated: March 31, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-7619 Filed 3-31-10; 8:45 am]
BILLING CODE 3510-22-S