[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Proposed Rules]
[Pages 42641-42643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20327]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 0908131233-91234-01]
RIN 0648-XQ14
Fisheries in the Western Pacific; Bottomfish and Seamount
Groundfish Fisheries; 2009-10 Main Hawaiian Islands Bottomfish Total
Allowable Catch
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 establish a total allowable catch
(TAC) for the 2009-10 fishing year of 254,050 lb (115,235 kg) of Deep 7
bottomfish in the main Hawaiian Islands (MHI). The TAC would be set in
accordance with regulations established to support long-term
sustainability of Hawaii bottomfish in the Hawaiian Archipelago.
DATES: Comments must be received by September 8, 2009.
ADDRESSES: Comments on this proposed specification, identified by 0648-
XQ14, 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: William L. Robinson, Regional Administrator, NMFS,
Pacific Islands Region (PIR), 1601 Kapiolani Blvd, Suite 1110,
Honolulu, HI 96814-4700.
Instructions: All comments received are a part of the public record
and will generally be posted to www.regulations.gov without change. All
personal identifying information (e.g., name, address, etc.) submitted
voluntarily by the commenter may be publicly accessible. Do not submit
confidential business information, or otherwise sensitive or protected
information. NMFS will accept anonymous comments (if you wish to remain
anonymous, enter ``NA'' in the required name and organization fields).
Attachments to electronic comments will be accepted in Microsoft Word
or Excel, WordPerfect, or Adobe PDF file formats only.
Copies of the Fishery Management Plan for Bottomfish and Seamount
Groundfish Fisheries of the Western Pacific Region (Bottomfish FMP) and
the related Environmental Impact Statement 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.
An environmental assessment (EA) was prepared that describes the
impact on the human environment that would result from this proposed
action. This action, specification of a TAC, is exempt from the
procedures of E.O. 12866 because this action contains no implementing
regulations and therefore a Regulatory Impact Review was not prepared.
Based on the environmental impact analyses presented in the EA, NMFS
prepared a finding of no significant impact (FONSI) for the
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proposed action. Copies of the EA and FONSI are available from
www.regulations.gov, or the Council (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808-944-2108.
SUPPLEMENTARY INFORMATION: This Federal Register document is available
at www.gpoaccess.gov/fr.
The bottomfish fishery in Federal waters around Hawaii is managed
under the Bottomfish FMP, developed by the Council and implemented by
NMFS under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act).
Regulations governing bottomfish fishing by U.S. vessels in accordance
with the Bottomfish FMP appear at 50 CFR part 665 and subpart H of 50
CFR part 600. Currently, bottomfish stocks in the Hawaiian Archipelago
are not experiencing overfishing, and efforts to minimize localized
stock depletion in the MHI Management Subarea are precautionary. The
MHI Management Subarea refers to the portion of the U.S. Exclusive
Economic Zone around the Hawaiian Archipelago lying to the east of
161[deg] 20' long.
Pursuant to regulations at Sec. 665.72, NMFS must is directed to
specify a TAC limit for Deep 7 bottomfish in the MHI for the fishing
year, based on a recommendation from the Council, considering the best
available scientific, commercial, and other information, and taking
into account the associated risk of overfishing. The Deep 7 bottomfish
are onaga (Etelis coruscans), ehu (E. carbunculus), gindai
(Pristipomoides zonatus), kalekale (P. sieboldii), opakapaka (P.
filamentosus), lehi (Aphareus rutilans), and hapu`upu`u (Epinephelus
quernus).
When the TAC for the year is projected to be reached, NMFS will
close the non-commercial and commercial fisheries until the end of the
fishing year (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, except as otherwise authorized by law. Specifically,
fishing for, and the resultant possession or sale of, Deep 7 bottomfish
by vessels legally registered to Mau Zone, Ho`omalu Zone, or Pacific
Remote Island Areas 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.
For the Last year (2008-09 fishing year), the TAC was of 241,000 lb
(109,316 kg) of Deep-7 bottomfish in the MHI (74 FR 6998; February 12,
2009). Monitoring of the commercial fishery indicated that the TAC for
the 2008-09 fishing year was projected to be reached by on or before
July 6, 2009, and, in accordance with the regulations at Sec. 665.72,
NMFS published a temporary rule closing the non-commercial and
commercial MHI bottomfish fisheries on July 6, 2009 (74 FR 27253; June
9, 2009). The fishery is scheduled to re-open on September 1, 2009.
At its 145th meeting in Kailua-Kona, Hawaii, held July 20-25, 2009,
the Council reviewed a background document and an preliminary initial
EA that which incorporated data from an updated March 2009 bottomfish
stock assessment published by NMFS Pacific Islands Fisheries Science
Center (PIFSC). These documents were available at the Council's 145th
meeting. After considering the information in the initial EA, risks of
overfishing, and recommendations from the Council's Science and
Statistical Committee, and input from the public, the Council
recommended a TAC of 254,050 lb (115,235 kg) of MHI Deep 7 bottomfish
for the 2009-2010 fishing year.Language from FONSI inserted here
(Subject to Change):
Based on the updated March 2009 bottomfish stock assessment
prepared by NMFS PIFSC, the proposed 2009-10 TAC is associated with a
zero percent risk of overfishing of Hawaiian archipelagic bottomfish
stocks, ; and between 39- and 44 percent risk of localized depletion
(or excess fishing mortality) of the MHI management subarea bottomfish
stocks. These risk values are similar to those estimated by PIFSC for
the 2008 - 2009 fishing year (i.e., zero and 40 percent,
respectively)(74 FR 6998; February 12, 2009).
NMFS will consider the Council's recommendation, potential
environmental and economic affects of the proposed TAC, and comments
received during the public comment period for this proposed
specification, and will announce the final TAC specification in the
Federal Register. To be considered, comments on this proposed
specification must be received by September 8, 2009, not postmarked or
otherwise transmitted by that date.
Regardless of the final TAC specification, all other management
measures will continue to apply in the MHI bottomfish fishery. The MHI
bottomfish fishery is scheduled to re-open on September 1, 2009, and
will continue until August 31, 2010, unless the fishery is closed prior
to August 31 as a result of the TAC being reached.
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 Bottomfish FMP, 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 Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Language from SBA Letter (Drafted by M. Razin):A description of
the action, why it is being considered, and the legal basis for this
action are contained in the preamble to this proposed rule. There
are approximately 380 vessels engaged in the commercial harvest of
MHI bottomfish. Average gross receipts per vessel for the 2008-2009
fishery was $3,577.00, based on a price of $5.64 per lb and a
harvest of the 2008-2009 TAC specification of 241,000 lb. 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 (or other income-
generating) activities undertaken by individual operations across
the year has not been examined, to date. The majority of the 380
vessels comprising the affected universe were under 30 ft (9.1 m) in
length overall.
Based on all 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 $ 5.64 per lb, the
proposed TAC specification of 254,050 lbs (115,235 kg) is expected
to yield $1,432,842.00 in total revenue, or an average of $3,770.00
in revenue per vessel, compared to $3,577.00 per vessel for the
2008-2009 fishery. This is resulting in an expected five 5 percent
increase in revenue per vessel from implementing the proposed
specification. 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
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vessels resulting from the implementation of this specification.
Therefore, pursuant to section 605(b) of 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 because this action contains no implementing regulations.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 19, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E9-20327 Filed 8-21-09; 8:45 am]
BILLING CODE 3510-22-S