[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 69015-69016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28413]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 100618274-0543-03]
RIN 0648-AY92
Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount
Groundfish; Measures To Rebuild Overfished Armorhead at Hancock
Seamounts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule prohibits fishing for bottomfish and seamount
groundfish at the Hancock Seamounts until the overfished U.S. stock of
pelagic armorhead (Pseudopentaceros wheeleri) is rebuilt, and
classifies the area around the Hancock Seamounts as an ecosystem
management area. This rule is intended to rebuild the armorhead stock
and facilitate research on armorhead and other seamount groundfish.
DATES: This rule is effective December 10, 2010.
ADDRESSES: Amendment 2 to the Fishery Ecosystem Plan for the Hawaiian
Archipelago (FEP) describes the background and details of this action.
Amendment 2 also contains an environmental assessment and is available
from http://www.regulations.gov, or the Western Pacific Fishery
Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI
96813, tel 808-522-8220, fax 808-522-8226, or http://www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries,
NMFS Pacific Islands Region, 808-944-2108.
SUPPLEMENTARY INFORMATION: Armorhead are overfished because of over-
exploitation by foreign vessels in international waters dating back to
the 1980s, and probably earlier. 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. in the Northwestern Hawaiian Islands.
The Council and NMFS previously 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 most recent
6-year moratorium expired on August 31, 2010. This final rule prohibits
fishing for bottomfish and seamount groundfish at the seamounts until
the armorhead stock is rebuilt, and classifies the EEZ around the
Hancock Seamounts as an ecosystem management area. This final rule will
aid in rebuilding the armorhead stock, and will facilitate research on
armorhead and other seamount groundfish.
Additional background information on this final rule is found in
the preamble to the proposed rule published on August 30, 2010 (75 FR
52921), and is not repeated here. The public comment period for the
proposed rule ended on October 14, 2010. NMFS did not receive any
comments.
Changes From the Proposed Rule
There no changes from the proposed rule.
Classification
The Regional Administrator, Pacific Islands Region, NMFS,
determined that this final rule is necessary for the conservation and
management of Hawaii seamount and groundfish fisheries, and that it is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required, and none was prepared.
List of Subjects in 50 CFR Part 665
Armorhead, Bottomfish, Fisheries, Fishing, Hancock seamounts,
Hawaii, Seamount groundfish.
Dated: November 4, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
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For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
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1. The authority citation for part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 665.202, revise paragraph (a)(3) to read as follows:
Sec. 665.202 Management subareas.
(a) * * *
(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.
* * * * *
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3. In Sec. 665.204, add new paragraph (k) to read as follows:
Sec. 665.204 Prohibitions.
* * * * *
[[Page 69016]]
(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.
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4. Revise Sec. 665.209 to read as follows:
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. 2010-28413 Filed 11-9-10; 8:45 am]
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