[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Rules and Regulations]
[Pages 59626-59627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23675]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 130625564-3821-02]
RIN 0648-XC736


Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and 
Accountability Measures for 2013-14

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

ACTION: Final specifications.

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SUMMARY: NMFS specifies an annual catch limit of 346,000 lb of Deep 7 
bottomfish in the main Hawaiian Islands for the 2013-14 fishing year. 
The action supports the long-term sustainability of Hawaii bottomfish.

DATES: The final specifications are effective October 28, 2013, through 
August 31, 2014, unless NMFS publishes a document in the Federal 
Register superseding these specifications.

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, or www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries,

[[Page 59627]]

NMFS Pacific Islands Region (PIR), 808-944-2108.

SUPPLEMENTARY INFORMATION: On August 22, 2013, NMFS published proposed 
specifications, finalized here, and a request for public comments (78 
FR 52125). Additional background information on this action is found in 
the preamble to the proposed specifications, and is not repeated here.
    Through this action, NMFS is specifying an annual catch limit (ACL) 
of 346,000 lb of Deep 7 bottomfish in the main Hawaiian Islands (MHI) 
for the 2013-14 fishing year. This ACL is the same as was set for the 
2012-13 fishing year. 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). The Council 
recommended the ACL based on the best available scientific, commercial, 
and other information, taking into account the associated risk of 
overfishing.
    The MHI bottomfish fishing year started September 1, 2013. NMFS 
will monitor the fishery, and if the ACL is reached before August 31, 
2014, NMFS will, as an associated accountability measure (AM) close the 
non-commercial and commercial fisheries for Deep 7 bottomfish in 
Federal waters through August 31, 2014. During a fishery closure for 
Deep 7 bottomfish, no person may fish for, possess, or sell any of 
these fish in the MHI. 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.

Comments and Responses

    The comment period for the proposed specifications ended on 
September 6, 2013. NMFS received one public comment and responds as 
follows:
    Comment 1: The commenter supports the ACL and associated AM, but 
questioned why the comment period for the proposed specifications ended 
after the start of the fishing year.
    Response: The time that NMFS needed to complete supporting analyses 
for this action resulted in the delayed comment period. Because NMFS 
does not expect the fishery to reach the ACL until very late in the 
fishing year, if at all, the timing of the comment period and resulting 
effective date of the final specifications do not affect management of 
the fishery.

Changes From the Proposed Specifications

    There are no changes in the final specifications.

Classification

    The Regional Administrator, NMFS PIR, determined that this action 
is necessary for the conservation and management of MHI Deep 7 
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 specification stage that this action 
would not have a significant economic impact on a substantial number of 
small entities. NMFS published the factual basis for certification in 
the proposed specifications, and does not repeat it here. NMFS did not 
receive comments regarding this certification. As a result, a final 
regulatory flexibility analysis is 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: September 23, 2013.
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. 2013-23675 Filed 9-26-13; 8:45 am]
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