[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Proposed Rules]
[Pages 45085-45086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18919]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 100630283-0300-01]
RIN 0648-XX15


Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; 2010-11 Main Hawaiian Islands Bottomfish Total 
Allowable Catch

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

ACTION: Proposed specification; request for comments.

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SUMMARY: NMFS proposes to specify a total allowable catch (TAC) for the 
2010-11 fishing year of 254,050 lb (115,235 kg) of Deep 7 bottomfish in 
the main Hawaiian Islands (MHI). The TAC would be set in accordance 
with regulations established to support long-term sustainability of 
Hawaii bottomfish.

DATES: Comments must be received by August 17, 2010.

ADDRESSES: Comments on this proposed specification, identified by 0648-
XX15, may be sent to either of the following addresses:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
     Mail: Mail written comments to Michael D. Tosatto, Acting 
Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 
Kapiolani Blvd, Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments must be submitted to one of these two 
addresses to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent to any other address or individual, 
or received after the end of the comment period, may not be considered. 
Comments will be posted for public viewing after thecomment period has 
closed. All comments received are a part of the public record and will 
generally be posted to www.regulations.gov without change. All personal 
identifying information (e.g., name, address, etc.) submitted 
voluntarily by the commenter may be publicly accessible. Do not submit 
confidential business information, or otherwise sensitive or protected 
information. NMFS will accept anonymous comments (enter ``NA'' in the 
required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word or Excel, 
WordPerfect, or Adobe PDF file formats only.
    A supplemental environmental assessment (EA) was prepared that 
describes the impact on the human environment that would result from 
this proposed action. Based on the environmental impact analyses 
presented in the EA, NMFS prepared a finding of no significant impact 
(FONSI) for the proposed action. Copies of the EA and FONSI are 
available from www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR Sustainable 
Fisheries, 808-944-2271.

SUPPLEMENTARY INFORMATION: This Federal Register document is available 
at www.gpoaccess.gov/fr.
    The bottomfish fishery in Federal waters around Hawaii is managed 
under the Hawaii fishery ecosystem plan (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, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act). 
Regulations governing bottomfish fishing by U.S. vessels in accordance 
with the Hawaii FEP appear at 50 CFR part 665 and subpart H of 50 CFR 
part 600. Currently, bottomfish stocks in the Hawaiian Archipelago are 
not experiencing overfishing, and efforts to minimize localized stock 
depletion in the MHI Management Subarea are precautionary. The MHI 
Management Subarea refers to the portion of the U.S. Exclusive Economic 
Zone around the Hawaiian Archipelago lying to the east of 161[deg] 20' 
W. long.
    Pursuant to regulations at 50 CFR 665.211, NMFS must specify a TAC 
for Deep 7 bottomfish in the MHI for each fishing year (September 1 
through August 31), based on a recommendation from the Council, 
considering 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 
hapuupuu (Epinephelus quernus).
    NMFS uses commercial landings data to project the date when the TAC 
for the year will be reached, and closes the non-commercial and 
commercial fisheries from that date until the end of the fishing year. 
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 Pacific Remote Island Area 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.
    For the 2009-10 fishing year, the TAC was 254,050 lb (115,235 kg) 
(74 FR 48422; September 23, 2009). Monitoring of the commercial fishery 
indicated that the TAC for the 2009-10 fishing year was projected to be 
reached by April 20, 2010, and, in accordance with the regulations at 
Sec.  665.211, NMFS published a temporary rule closing the non-
commercial and commercial MHI bottomfish fisheries on April 20, 2010 
(75 FR 17070; April 5, 2010). Subsequent analyses indicated that the 
2009-10 bottomfish fishery took

[[Page 45086]]

208,412 lb (94,534 kg). The fishery is scheduled to re-open on 
September 1, 2010.
    At its 148th meeting in Honolulu, Hawaii, held from June 28 - July 
1, 2010, the Council reviewed information about the bottomfish fishery, 
including a 2008 stock assessment that was updated in 2009 by the NMFS 
Pacific Islands Fisheries Science Center (PIFSC). After considering the 
status of stocks, risks of overfishing, recommendations from the 
Council's Science and Statistical Committee and input from the public, 
the Council recommended a TAC of 254,050 lb (115,235 kg). The proposed 
TAC is associated with a zero percent risk of overfishing of Hawaiian 
archipelagic bottomfish stocks. The risk of localized depletion (or 
excess fishing mortality) of the MHI management subarea bottomfish 
stocks is estimated to be in the range of 33 to 38 percent. The most 
recent stock assessment assumed that the entire 2009-10 TAC would be 
caught, but because the 2009-10 fishery took less than the TAC, the 
associated risk of localized depletion with the 2010-11 TAC should be 
even less than 33 to 38 percent. These risk levels are more 
conservative than the 50 percent risk threshold allowed under the 
Magnuson-Stevens Act.
    NMFS will consider the Council's recommendation, potential 
environmental and economic effects of the proposed TAC, and comments 
received during the public comment period for this proposed 
specification, and will announce the final TAC specification in the 
Federal Register. To be considered, comments on this proposed 
specification must be received by August 17, 2010, not postmarked or 
otherwise transmitted by that date.
    Regardless of the final TAC specification, all other management 
measures will continue to apply in the MHI bottomfish fishery. The MHI 
bottomfish fishery is scheduled to re-open on September 1, 2010, and 
will continue until August 31, 2011, unless the fishery is closed prior 
to August 31 as a result of the TAC being reached.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator for Fisheries has determined that this 
proposed specification is consistent with the Hawaii FEP, other 
provisions of the Magnuson-Stevens Act, and other applicable laws, 
subject to further consideration after public comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble to this 
proposed specification. In the 2009-10 fishing year (September 1, 
2009, through April 20, 2010), 451 vessels engaged in the commercial 
harvest of MHI bottomfish. The 2009-10 average gross revenue per 
vessel was $3,147, based on an average price of $6.81 per lb, and 
harvest of 208,412 lb. In general, the relative importance of MHI 
bottomfish to commercial participants as a percentage of overall 
fishing or household income is unknown, as the total suite of 
fishing and other income-generating activities by individual 
operations across the year has not been examined. The majority of 
the 451 vessels comprising the affected universe were under 30 ft 
(9.1 m) in length overall.
    Based on available information, NMFS has determined that all 
vessels in the current fishery are small entities under the Small 
Business Administration definition of a small entity, i.e., they are 
engaged in the business of fish harvesting, are independently owned 
or operated, are not dominant in their field of operation, and have 
annual gross receipts not in excess of $4 million. Therefore, there 
are no disproportionate economic impacts between large and small 
entities. Furthermore, there are no disproportionate economic 
impacts among the universe of vessels based on gear, home port, or 
vessel length.
    Assuming an average price of $6.81 per lb and 451 participating 
vessels, the proposed 2010-11 TAC of 254,050 lb is expected to yield 
$1,730,080 in total revenue, or an average of $3,836 in revenue per 
vessel, compared to $3,147 per vessel realized in the 2009-10 
fishery. Even though there would be a substantial number of vessels, 
i.e., 100 percent of the bottomfish fleet, affected by this 
specification, there would be no significantly adverse economic 
impact to individual vessels resulting from the implementation of 
this specification. Therefore, pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), NMFS has determined that this rule 
will not have a significant economic impact on a substantial number 
of small entities.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This action is exempt from review under the procedures of E.O. 
12866.

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

    Dated: July 28, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 2010-18919 Filed 7-30-10; 8:45 am]
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