[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15222-15223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6580]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 101210611-1185-02]
RIN 0648-BA58


Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification 
of Fishery Closures

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

ACTION: Final rule.

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SUMMARY: This final rule changes the advance notification period for 
in-season closure of the main Hawaiian Islands (MHI) Deep-7 bottomfish 
fishery from 14 to 7 days. The intent of the change is to enhance 
administration of the fishery.

DATES: This final rule is effective April 20, 2011.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian 
Archipelago 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, http://www.wpcouncil.org.

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

SUPPLEMENTARY INFORMATION: The fishery for main Hawaiian Islands Deep 7 
bottomfish is managed under a total allowable catch (TAC) limit. NMFS 
and the State of Hawaii monitor progress towards the TAC based on 
records of commercial bottomfish landings collected by the State. When 
bottomfish landings approach the TAC, NMFS, the State, and the Council 
determine the date the TAC is projected to be reached, and the 
commercial and non-commercial fisheries for Deep 7 bottomfish will be 
closed.
    Federal regulations at 50 CFR 665.211 require NMFS to notify 
fishermen and the public of the date when the fisheries will close 
through a notice in the Federal Register and other means. This final 
rule changes the minimum required advance notification period from 14 
to 7 days. The objective of this final rule is to enhance 
administration of the fishery by streamlining the advanced 
notification.
    Additional background information on this final rule is found in 
the preamble to the proposed rule published on February 14, 2011 (76 FR 
8330). Briefly, reducing the advance notification period for a closure 
of the Deep 7 bottomfish fishery will allow NMFS to more accurately 
determine the closure date, while still providing fishermen with 
sufficient notice of the impending closure. The comment period for the 
proposed rule ended on March 1, 2011, and NMFS did not receive any 
comments.

Changes From the Proposed Rule

    There are no changes from the proposed rule in this final rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
this final rule is necessary for the conservation and management of the 
Hawaii bottomfish fishery, and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable 
laws.
    This final 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 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.

List of Subjects in 50 CFR Part 665

    Bottomfish, Fishing, Hawaii.

    Dated: March 15, 2011.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine 
Fisheries Service.

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

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

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

0
2. In Sec.  665.211, revise paragraph (c) to read as follows:

[[Page 15223]]

Sec.  665.211  Total allowable catch (TAC) limit.

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    (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 7 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.
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[FR Doc. 2011-6580 Filed 3-18-11; 8:45 am]
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