[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Page 53606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21829]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 100630283-0388-02]
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: Final specification.

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SUMMARY: In this rule, 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 2010-11 fishing year. The expected impact of the 
TAC is long-term sustainability of Hawaii bottomfish.

DATES: This final specification is effective October 1, 2010.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian 
Archipelago and associated 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.
    A supplemental environmental assessment (EA), was prepared that 
describes the impact of this final specification on the human 
environment. 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, or 
Michael D. Tosatto, Acting 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: NMFS hereby specifies a TAC of Deep 7 
bottomfish in the MHI for the 2010-11 fishing year of 254,050 lb 
(115,235 kg), 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 
is the portion of U.S. Exclusive Economic Zone around the Hawaiian 
Archipelago lying to the east of 161[deg] 20' W. longitude. 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).
    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 Pacific Remote Island Areas bottomfish 
fishing permits, and conducted in compliance with all 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 reopens on September 1, 
2010, 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 2, 2010 (75 FR 45085), and is not repeated here.

Comments and Responses

    On August 2, 2010, NMFS published a proposed specification and 
request for public comments on the MHI Deep 7 bottomfish TAC (75 FR 
45085). The comment period ended on August 17, 2010. NMFS did not 
receive any public comments.

Changes from the Proposed Specification

    There are no changes in the final specification.

Classification

    The Regional Administrator, NMFS PIR, determined that this final 
specification is necessary for the conservation and management of MHI 
bottomfish, 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: August 27, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2010-21829 Filed 8-31-10; 8:45 am]
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