[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Proposed Rules]
[Pages 8330-8332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3244]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 101210611-1080-02]
RIN 0648-BA58


Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification 
to Advance Notification Period for Fishery Closures

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would change the advance notification 
period for in-season closure of the main Hawaiian Islands (MHI) Deep-7 
bottomfish fishery to seven days from

[[Page 8331]]

the current 14 days. The intent of the proposed change is to enhance 
administration of the fishery.

DATES: Comments on the amendment must be received by March 1, 2011.

ADDRESSES: Comments on the proposed rule, identified by 0648-BA58, may 
be sent to either of the following addresses:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov; or
     Mail: Mail written comments to Michael D. Tosatto, 
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. 
All comments received are a part of the public record and will 
generally be posted to http://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.

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

SUPPLEMENTARY INFORMATION: The MHI 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). The Deep 7 fishery is 
managed under a total allowable catch (TAC) limit. The TAC is specified 
each fishing year by NMFS, as recommended by the Western Pacific 
Fishery Management Council (Council) based on the best available 
scientific, commercial, and other information. The fishing year begins 
on September 1, and if the TAC is not reached, the fishing year ends on 
August 31. NMFS and the State of Hawaii monitor progress towards the 
TAC based on commercial bottomfish landings data submitted to the State 
by commercial marine license (CML) holders. When bottomfish landings 
approach the TAC, NMFS, the State of Hawaii, and the Council meet to 
determine the specified date the TAC is projected to be reached.
    Pursuant to Federal regulations at 50 CFR 665.211, when the 
specified TAC is projected to be reached, NMFS notifies fishermen and 
the public of the date when the non-commercial and commercial Deep-7 
bottomfish fisheries will be closed, through a notice in the Federal 
Register and by other means. The regulations require that NMFS provide 
at least 14 days from the date the notice is filed for public 
inspection at the Office of the Federal Register to the actual closure 
date. The 14-day advanced notification period has created an 
administrative challenge for NMFS, in that it requires the agency to 
determine the projected closure date at least three weeks in advance of 
actual closure so that the closure notice can be processed to provide 
the required 14-day notice. This requires projecting the closure date 
further in advance than is necessary and with less complete information 
compared to this proposed action.
    Trip reports submitted to the State of Hawaii by the 500+ state CML 
holders who reported fishing for bottomfish indicate that the vast 
majority of fishermen engage in single day trips, i.e., lasting less 
than 24 hours. Only 12 fishermen reported multi-day bottomfish trips, 
and those trips lasted only three days or less. Based on this 
information about the fishery, and on the need for more time to process 
the closure notice, the Council recommended that NMFS shorten the 
advance notice period to seven days.
    The objective of the proposed action is to enhance administration 
of the fishery by streamlining the advanced notification period. A 
seven-day notification period would continue to provide ample time for 
fishermen to be made aware of the in-season closure. (By comparison, 
NMFS provides seven days advance notification when closing the 
commercial longline fishery; this has been ample time for longliners, 
even when their trips last up to six weeks.) Additionally, shortening 
the advance notification period from 14 to seven days allows the agency 
to determine the projected closure date closer to the actual closure. 
This is because the seven additional days can be allocated to 
processing and analyzing catch data. This could increase precision in 
forecasting the closure date, and also facilitate adherence to the 
catch limit by reducing the number of days fish could be caught once a 
closure notice is announced.
    Up-to-date catch information is posted at http://www.fpir.noaa.gov 
throughout the fishing year to show the cumulative progress towards the 
TAC. With this information, fishermen are able to see an estimate of 
when the fishery may close and are able to plan accordingly. 
Additionally, prior to the closure date, letters notifying bottomfish 
fishermen of the closure date are mailed to permit holders, and 
advisements of the closure date are announced to the public in local 
news media.
    To be considered, comments on this proposed rule must be received 
by March 1, 2011, not postmarked or otherwise transmitted by that date.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1854(b)(1)(A), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Fishery Ecosystem Plan for the Hawaiian 
Archipelago, other provisions of the Magnuson-Stevens Act, and other 
applicable laws, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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. 
The analysis follows:

    The proposed rule is administrative in nature, and would change 
the advance notification period for closure of the main Hawaiian 
Islands (MHI) Deep-7 bottomfish fishery to seven days from the 
current 14 days. A description of the action, why it is being 
considered, and the legal basis are contained in the preamble to 
this proposed rule.
    All fishing vessels that participate in the MHI Deep 7 
bottomfish fishery are considered to be 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, and the proposed action is not 
expected to have any impact on these small entities. Trip reports 
submitted to the State of Hawaii by the 500+ state CML holders who 
reported fishing for bottomfish indicate that the vast majority of 
fishermen engage in single day trips, i.e., lasting less than 24 
hours. Only 12 fishermen reported multi-day bottomfish trips, and 
those trips lasted only three days or less. Therefore, a seven-day 
notification period would provide ample time for all fishery 
participants to be made aware of the in-season closure. 
Additionally, shortening the advance

[[Page 8332]]

notification period from 14 to seven days allows the agency to 
determine the projected closure date closer to the actual closure. 
This is because the seven additional days can be allocated to 
processing and analyzing catch data. This could increase precision 
in forecasting the closure date, and also facilitate adherence to 
the catch limit by reducing the number of days fish could be caught 
once a closure notice is announced.
    This rule does not duplicate, overlap, or conflict with other 
Federal rules.

    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 665

    Bottomfish, Fishing, Hawaii.

    Dated: February 8, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 665 is 
proposed to be amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

    l. The authority citation for part 665 continues to read as 
follows:

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

    2. In Sec.  665.211, revise paragraph (c) to read as follows:


Sec.  665.211  Total allowable catch (TAC) limit.

* * * * *
    (c) When the TAC limit specified in this section is projected to be 
reached based on analyses of available information, the Regional 
Administrator shall publish a notice to that effect in the Federal 
Register and shall use other means to notify permit holders. The notice 
will include an advisement that the fishery will be closed beginning at 
a specified date, which is not earlier than seven 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.
* * * * *
[FR Doc. 2011-3244 Filed 2-11-11; 8:45 am]
BILLING CODE 3510-22-P