[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Rules and Regulations]
[Page 31863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13605]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 140113035-5475-02]
RIN 0648-XD082


Pacific Island Fisheries; 2014-15 Annual Catch Limits and 
Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish

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

ACTION: Final specifications.

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

SUMMARY: NMFS specifies an annual catch limit (ACL) of 346,000 lb for 
Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2014-15 
fishing year. As an accountability measure (AM), if the ACL 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 ACL and AM specifications support the long-term 
sustainability of Hawaii bottomfish.

DATES: The final specifications are effective from July 6, 2015, 
through August 31, 2015.

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, or www.wpcouncil.org. Copies of the 
environmental assessments and findings of no significant impact for 
this action, identified by NOAA-NMFS-2013-0176, are available from 
www.regulations.gov, or from Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg. 
176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable 
Fisheries, 808-725-5176.

SUPPLEMENTARY INFORMATION: On April 21, 2015, NMFS published proposed 
specifications and a request for public comments (80 FR 22158) for the 
Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2014-15 
fishing year. You may review additional background information on this 
action in the preamble to the proposed specifications; we do not repeat 
this information here.
    Through this action, NMFS is specifying an ACL of 346,000 lb of 
Deep 7 bottomfish in the MHI for the 2014-15 fishing year. This ACL is 
the same as that set for the 2013-14 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 consist of: onaga (Etelis coruscans), ehu (E. 
carbunculus), gindai (Pristipomoides zonatus), kalekale (P. sieboldii), 
opakapaka (P. filamentosus), lehi (Aphareus rutilans), and hapuupuu 
(Epinephelus quernus). The ACL that is established by this final rule 
adopts the Council's recommended ACL, which was 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, 2014, and is 
currently open. NMFS will monitor the fishery, and if the fishery 
reaches the ACL before August 31, 2015, NMFS will, as an associated 
accountability measure authorized in 50 CFR 665.4(f), close the non-
commercial and commercial fisheries for Deep 7 bottomfish in Federal 
waters through August 31. 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 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 May 6, 
2015. NMFS received comments from three individuals, including two 
fishermen who participate in the Deep 7 bottomfish fishery, all in 
support of the proposed action.
    Comments: In addition to expressing support for the proposed 
specifications, two commenters provided suggestions for improving 
future bottomfish stock assessments. The suggestions included 
increasing fishermen involvement in the development of stock assessment 
models, incorporating the potential effects of bottomfish restricted 
fishing areas in estimating exploitable biomass, and refining catch per 
unit of effort methodologies by better accounting for differences in 
catchability of bottomfish between fishermen of the various Hawaiian 
Islands due differences in available fishing areas, fishing strategies, 
and environmental factors.
    Response: While these comments are beyond the immediate scope of 
the proposed specifications, NMFS continues to make improvements in the 
stock assessment process, and will consider the recommended actions in 
future stock assessments and updates. Additionally, NMFS is already 
reaching out to fishermen to ensure that their input is considered at 
important points in the bottomfish stock assessment process. NMFS 
continues to explore fishery-independent methods and technologies for 
assessing bottomfish resources. As information becomes available, NMFS 
will accommodate such data in future stock assessments to improve our 
understanding of the condition of bottomfish resources.

Changes From the Proposed Specifications

    There are no changes in the final specifications from what was 
published in the proposed specifications on April 21, 2015.

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 one was not 
prepared.
    This action is exempt from review under Executive Order 12866.

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

    Dated: May 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-13605 Filed 6-3-15; 8:45 am]
 BILLING CODE 3510-22-P