[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Proposed Rules]
[Pages 46014-46015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 120628195-2276-01]
RIN 0648-XC089


Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and 
Accountability Measures for 2012-13

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) of 
325,000 lb of Deep 7 bottomfish in the main Hawaiian Islands for the 
2012-13 fishing year, based on a proposed annual catch limit of 346,000 
lb. When the quota is projected to be reached, NMFS would close 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 17, 2012.

ADDRESSES: Comments on this proposed specification, identified by NOAA-
NMFS-2012-0130, 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, 
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 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.

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). The regulations at Title 50 Code of Federal 
Regulations Part 665.4 require NMFS to specify an annual catch limit 
for MHI Deep 7 bottomfish each fishing year,

[[Page 46015]]

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 annual catch limit of 346,000 lb 
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 annual catch limit 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 annual catch limit 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 annual catch 
limit. Accordingly, the Council recommended a quota (annual catch 
target) of 325,000 lb, which is about six percent (21,000 lb) lower 
than the annual catch limit, to provide a sufficient buffer to ensure 
that the fishery does not exceed the limit.
    If the quota is projected to be reached before the end of the 
fishing year (August 31), NMFS will close the non-commercial and 
commercial fisheries for Deep 7 bottomfish in Federal waters through 
the end of the fishing year. 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 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 annual catch 
limit and quota, and will announce the final specifications prior to 
the scheduled reopening of the fishery on September 1, 2012. The 
fishery will continue until August 31, 2013, unless the fishery is 
closed earlier because the quota is reached. Regardless of the final 
annual catch limit 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 17, 2012, 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.
    NMFS proposes to specify a quota (annual catch target) of 325,000 
lb of Deep 7 bottomfish in the main Hawaiian Islands for the 2012-13 
fishing year, based on a proposed annual catch limit of 346,000 lb. 
When the fishery is projected to reach the quota, NMFS would close 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.
    The 2011-12 fishing year started on September 1, 2011, with a quota 
of 325,000 lb and an annual catch limit of 346,000 lb. From September 
1, 2011, through June 28, 2012, some 456 commercial vessels reported 
landing 215,135 lb of Deep 7 bottomfish, at an average landed price of 
$7.46/lb. Based on this, the estimated average gross revenue for that 
period was $3,520 per vessel. The fishery is not likely to reach the 
quota before the current fishing year ends on August 31, 2012. NMFS 
proposes to specify the same quota for 2012-13 as in 2011-12. Assuming 
an average price of $7.46/lb and 456 participating vessels, NMFS 
expects the proposed 2012-13 quota of 325,000 lb to yield up to 
$2,424,500 in total revenue, or an average of $5,317 per vessel.
    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 would be 
no disproportionate economic impacts between large and small entities. 
Furthermore, there are would be no disproportionate economic impacts 
among the universe of vessels based on gear, home port, or vessel 
length.
    Even though this proposed specification would affect a substantial 
number of vessels, i.e., 100 percent of the bottomfish fleet, there 
would be no significantly adverse economic impact to individual vessels 
resulting from the implementation of this specification. Landings 
information from the 2010-11 fishing year (completed) and the 2011-12 
fishing year (ongoing) indicate that Deep 7 bottomfish landings will 
likely not exceed the quota proposed for 2012-13. Therefore, pursuant 
to the Regulatory Flexibility Act, 5 U.S.C. 605(b), NMFS has determined 
that this proposed action would 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 27, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2012-18920 Filed 8-1-12; 8:45 am]
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