[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Proposed Rules]
[Pages 52921-52923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21537]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 100618274-0377-01]
RIN 0648-AY92
Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount
Groundfish; Management Measures for Hancock Seamounts to Rebuild
Overfished Armorhead
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule would continue a moratorium on fishing for
bottomfish and seamount groundfish at the Hancock Seamounts until the
overfished U.S. stock of pelagic armorhead (Pseudopentaceros wheeleri)
is rebuilt. This proposed rule would also reclassify the management
area around the Hancock Seamounts as an ecosystem management area. The
intent of the continued moratorium is to facilitate rebuilding of the
armorhead stock, and the intent of the ecosystem management area is to
facilitate research on armorhead and other seamount groundfish.
DATES: Comments on the amendment must be received by October 14, 2010.
ADDRESSES: Comments on the proposed rule, identified by 0648-AY92, 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, Acting
Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601
Kapiolani Blvd, Suite 1110, Honolulu, HI 96814-4700.
Instructions: Comments must be submitted to one of these 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.
Comments will be posted for public viewing after thecomment period has
closed. 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 (enter ``NA'' 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.
Amendment 2 to the Fishery Ecosystem Plan for the Hawaiian
Archipelago contains an environmental assessment and background
information, and is available from www.regulations.gov and from the
Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-
8220, fax 808-522-8226, or web site www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808-944-2108.
SUPPLEMENTARY INFORMATION: This document is also available at
www.gpoaccess.gov/fr.
Fishing for pelagic armorhead is managed under the Fishery
Ecosystem Plan for the Hawaiian Archipelago (FEP). Armorhead are
overfished as a result of over-exploitation by foreign vessels in
international waters, dating back to at least the 1970s. Although there
has never been a U.S. fishery targeting this fish, continued
exploitation outside the U.S. Exclusive Economic Zone (EEZ) by foreign
fleets has kept the stock in an overfished condition.
The Hancock Seamounts are the only known armorhead habitat within
the EEZ. These seamounts lie west of 180[deg] W. and north of 28[deg]
N., to the northwest of Kure Atoll in the Northwestern Hawaiian
Islands. The Council and NMFS have responded to the overfished
condition of armorhead with a series of four, 6-year domestic fishing
moratoria at the Hancock Seamounts, beginning in 1986. The current 6-
year moratorium expires on August 31, 2010. Although there would be a
short time period between the expiration of the current moratorium and
implementation of this rule, if approved, the likelihood of a new
Hawaii-based domestic armorhead fishery developing is discountable. The
Hancock Seamounts are a relatively small and isolated fishing area, and
the costs of starting up fishing operations to enter this fishery would
be prohibitive relative to the potential fishing yield during the very
short time that the area would be open. Additionally, existing domestic
North Pacific trawl vessels would not be allowed to fish at Hancock
Seamounts because trawls are prohibited fishing gear in the U.S.
Pacific Islands.
From July 2009 to August 2010, the Council developed Amendment 2 to
the Hawaii FEP to rebuild the armorhead stock pursuant to the Magnuson-
Stevens Act; the amendment is currently undergoing Secretarial review
(75 FR 51237, August 19, 2010). The Council recommended in Amendment 2
that NMFS establish a minimum rebuilding time of 35 years for the U.S.
portion of the armorhead stock. The Council also recommended that NMFS
classify the portion of the EEZ surrounding the Hancock Seamounts as an
ecosystem management area, and extend the moratorium at Hancock
Seamounts until the stock is rebuilt. In response to these
recommendations, NMFS developed this proposed rule to implement the
latter two recommendations.
The Council and NMFS recognize that, because less than five percent
of the armorhead habitat lies within U.S. jurisdiction, rebuilding of
the stock must be accomplished through coordinated international
management. Nonetheless, a prohibition on all armorhead catches in U.S.
waters would provide the maximum protection available for armorhead
stocks in U.S. waters.
The current moratorium applies to all bottomfish and seamount
groundfish, and the proposed moratorium would continue to do so. While
only armorhead are overfished, other bottomfish and seamount groundfish
are caught with the same gear type as armorhead. Opening the Hancock
Seamount fishery to non-armorhead fish would increase the likelihood of
incidental catches of armorhead, resulting in possible delays to
rebuilding the stock. In addition, the fishing gear (anchors, weighted
lines, and hooks) used to target non-armorhead fish, or lost on fishing
[[Page 52922]]
grounds, has the potential to impact armorhead essential fish habitat
and habitat areas of particular concern. For these reasons, all
bottomfish and seamount groundfish have been included in past fishing
moratoria at Hancock Seamounts, and are also included in this proposed
rule.
NMFS anticipates that further research will be necessary for the
Regional Administrator to determine when armorhead stocks are rebuilt
and could support a domestic fishery. Specifically, research must be
conducted to obtain better information about armorhead life history,
ecological information such as food-web dynamics and essential fish
habitat, population dynamics, and fishery-independent information at
the population level. Additionally, the Council has identified the need
for habitat mapping and characterization, and fish distribution and
abundance by habitat types. This information is necessary to determine
whether the status of the stock could support a domestic fishery at
Hancock Seamounts in the future.
Classifying the portion of the EEZ around the Hancock Seamounts as
an ecosystem management area would acknowledge the significance of the
area as a monitoring and research site for ecological studies on
armorhead and other bottomfish and seamount groundfish and their
associated benthic habitats. The ecosystem management area would also
serve as the area in which the maximum U.S. contribution to rebuilding
of the armorhead stock would occur. Hancock Seamounts could also serve
as a control site for future research that assesses the effectiveness
of management actions being considered by other nations and regional
fishery management organizations, such as seasonal closures and bank-
specific closures in international waters adjacent to Hancock
Seamounts.
Additional information and analyses may be found in Amendment 2,
available from the Council (see ADDRESSES).
To be considered, comments on this proposed rule must be received
by October 14, 2010, 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 has determined that this proposed rule is
consistent with the fishery ecosystem plan for Hawaii, other provisions
of the Magnuson-Stevens Act, and other applicable laws, subject to
further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel 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.
The analysis follows:
Pelagic armorhead (Pseudopentaceros wheeleri) is a management
unit species under the Fishery Ecosystem Plan for the Hawaiian
Archipelago. Armorhead are overfished as a result of over-
exploitation by foreign vessels in international waters. There has
never been a U.S. fishery targeting this fish, but continued
exploitation by foreign fleets has kept the stock in an overfished
condition. The Western Pacific Fishery Management Council (Council)
and National Marine Fisheries Service (NMFS) have responded to the
overfished condition of armorhead with a series of four, 6-year
domestic fishing moratoria, beginning in 1986, around the Hancock
Seamounts. These seamounts are the only known armorhead habitat in
the U.S. Exclusive Economic Zone (EEZ). The current 6-year
moratorium expires on August 31, 2010.
The Council developed Amendment 2 to the Hawaii fishery
ecosystem plan to establish rebuilding requirements pursuant to
Magnuson-Stevens Act section 304(e)(4). Amendment 2 would: (1)
continue a moratorium on fishing for armorhead and other bottomfish
and seamount groundfish until the armorhead stock is rebuilt; (2)
establish a minimum rebuilding time of 35 years for the U.S. portion
of the armorhead stock; and (3) classify the portion of the EEZ
around the Hancock Seamounts as an ecosystem management area.
The fishing moratorium continues to apply to all bottomfish and
seamount groundfish. While only armorhead are overfished, other
bottomfish and seamount groundfish are caught with the same gear
type as armorhead. Thus, opening the fishery to non-armorhead fish
increases the likelihood of incidental catches of armorhead,
resulting in possible delays to rebuilding the stock. In addition,
the fishing gear (anchors, weighted lines, and hooks) used to target
non-armorhead fish, or lost on fishing grounds, may impact armorhead
essential fish habitat and habitat areas of particular concern. For
these reasons, all bottomfish and seamount groundfish have been
included in the fishing moratoriums at Hancock Seamounts in the
past, and are also included in this action. The intent of the
continued moratorium and minimum rebuilding time is to facilitate
rebuilding of the armorhead stock, and the intent of the ecosystem
management area is to facilitate research on armorhead and other
seamount groundfish. 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.
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules. All fishing vessels having the potential to
participate in this fishery are considered to be small entities
under the current Small Business Administration definition of small
fish-harvesting businesses (gross receipts not in excess of $ 4.0
million). There are no additional small entities that could be
affected by this proposed rulemaking.
There has never been any U.S. fishery at Hancock Seamounts, nor
has there been any recent interest in starting one, so this proposed
rule would not affect the profitability of fishing businesses under
Federal management. Therefore, there are no disproportionate
economic impacts from this proposed rule based on home port, gear
type, or relative vessel size. For these reasons, pursuant to
section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b),
it has been determined that this proposed rule will not have a
significant economic impact on a substantial number of small
entities, based on the pre-existing status of U.S. fishery for
armorhead and other bottomfish and seamount groundfish at Hancock
Seamounts.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 665
Armorhead, Bottomfish, Fisheries, Fishing, Hancock Seamounts,
Hawaii, Seamount groundfish.
Dated: August 24, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 665 is
proposed to be amended as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
1. The authority citation for part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 665.202, revise paragraph (a)(3) to read as follows:
Sec. 665.202 Management subareas.
* * * * *
(3) Hancock Seamounts Ecosystem Management Area means that portion
of the EEZ in the Northwestern Hawaiian Islands west of 180[deg] W.
long. and north of 28[deg] N. lat.
* * * * *
3. In Sec. 665.204, add new paragraph (k) to read as follows:
Sec. 665.204 Prohibitions.
* * * * *
(k) Fish for or possess any Hawaii bottomfish or seamount
groundfish MUS in the Hancock Seamounts Ecosystem Management Area, in
violation of Sec. 665.209.
4. Revise Sec. 665.209 to read as follows:
[[Page 52923]]
Sec. 665.209 Fishing moratorium at Hancock Seamounts.
Fishing for, and possession of, Hawaii bottomfish and seamount
groundfish MUS in the Hancock Seamounts Ecosystem Management Area is
prohibited until the Regional Administrator determines that the
armorhead stock is rebuilt.
[FR Doc. 2010-21537 Filed 8-27-10; 8:45 am]
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