[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Proposed Rules]
[Pages 46719-46720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19665]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 110711384-1398-01]
RIN 0648-XA470


Western Pacific Bottomfish and Seamount Groundfish Fisheries; 
2011-12 Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and 
Accountability Measures

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 quota (annual catch target, ACT) of 
325,000 lb (147,418 kg) of Deep 7 bottomfish in the main Hawaiian 
Islands (MHI) for the 2011-12 fishing year, based on a proposed annual 
catch limit (ACL) of 346,000 lb (156,943 kg). When the fishery is 
projected to reach the quota, NMFS would close, as an accountability 
measure, the commercial and non-commercial fisheries for MHI Deep 7 
bottomfish for the remainder of the fishing year. The proposed 
specifications and fishery closure support the long-term sustainability 
of Hawaii bottomfish.

DATES: Comments must be received by August 18, 2011.

ADDRESSES: Comments on this proposed specification, identified by 0648-
XA470, 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 the 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 for public viewing on http://www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender may be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' 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.
    An environmental assessment (EA) was prepared that describes the 
impact on the human environment that would result from this proposed 
action. Based on the EA, NMFS prepared a finding of no significant 
impact (FONSI) for the proposed action. Copies of the EA and FONSI are 
available from http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: The bottomfish fishery in Federal waters 
around 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 (Magnuson-Stevens Act). Amendment 3 to the Hawaii FEP established a 
process for the Council and NMFS to specify annual catch limits and 
accountability measures; that process is codified at 50 CFR 665.4 (76 
FR 37285, June 27, 2011). The regulations require NMFS to specify an 
ACL for MHI Deep 7 bottomfish each fishing year, based on a 
recommendation from the Council. 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).
    The Council's recommendation of an ACL of 346,000 lb (156,943 kg) 
considers the most recent bottomfish stock assessment, risk of 
overfishing, past fishery performance, recommendations from its 
Scientific and Statistical Committee (SSC), and input from the public. 
The proposed ACL is based on a 2010 stock assessment that indicated 
that the MHI Deep 7 bottomfish were not overfished and not subject to 
overfishing. The proposed ACL is associated with less than a 41 percent 
probability of overfishing the Deep 7 bottomfish in the MHI.
    Management uncertainty, influenced by unreported recreational 
landings, accuracy of commercial catch reporting, weather influences on 
the fishing activity and productivity, monitoring and forecasting 
capabilities, and mortality of recreational catch discards associated 
with high-grading, could cause the fishery to exceed the ACL. 
Accordingly, the Council recommended a quota (annual catch target, ACT) 
of 325,000 lb (147,418 kg), about six percent (21,000 lb or 9,525 kg) 
lower than the ACL, to provide a sufficient buffer to ensure that the 
fishery does not exceed the ACL.
    If the quota (ACT) is projected to be reached before August 31 (the 
end of the fishing year), NMFS will close the non-commercial and 
commercial fisheries for Deep 7 bottomfish in Federal waters through 
August 31. When NMFS closes Federal waters to fishing for Deep 7 
bottomfish, State of Hawaii law allows the State to adopt a 
complementary closure of the Deep 7 fishery in State waters. During a 
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

[[Page 46720]]

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.
    NMFS will consider public comments on the proposed ACL and quota 
(ACT) and will announce the final specifications prior to the scheduled 
reopening of the fishery on September 1, 2011. The fishery will 
continue until August 31, 2012, unless the fishery is closed earlier 
because the quota is reached. Regardless of the final ACL and quota, 
all other management measures will continue to apply in the MHI 
bottomfish fishery.
    To be considered, comments on these proposed specifications must be 
received by August 18, 2011, not postmarked or otherwise transmitted by 
that date.

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 these proposed specifications, 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 it are contained in the preamble to this proposed 
specification.

    ``The proposed action would specify the annual catch limit (ACL) 
and accountability measures (AM) for MHI Deep 7 bottomfish for the 
non-commercial and commercial fisheries for 2011-12. In the 2010-11 
fishing year (September 1, 2010, through March 12, 2011), 475 
vessels engaged in the commercial harvest of MHI Deep 7 bottomfish. 
The 2010-11 average gross revenue per vessel was $3,347, based on an 
average price of $5.93 per pound, and harvest of 268,089 lb (121,603 
kg). 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. 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 $5.93 per lb and 475 participating 
vessels, the proposed 2011-12 ACL of 346,000 lb (156,943 kg) is 
expected to yield $2,051,780 in total revenue, or an average of 
$4,319 in revenue per vessel, compared to $3,347 per vessel realized 
in the 2010-11 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, 2011.
 Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2011-19665 Filed 8-2-11; 8:45 am]
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