[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Proposed Rules]
[Pages 8330-8332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3244]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 101210611-1080-02]
RIN 0648-BA58
Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification
to Advance Notification Period for Fishery Closures
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 change the advance notification
period for in-season closure of the main Hawaiian Islands (MHI) Deep-7
bottomfish fishery to seven days from
[[Page 8331]]
the current 14 days. The intent of the proposed change is to enhance
administration of the fishery.
DATES: Comments on the amendment must be received by March 1, 2011.
ADDRESSES: Comments on the proposed rule, identified by 0648-BA58, may
be sent to either of the following addresses:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal http://www.regulations.gov; or
Mail: Mail written comments to Michael D. Tosatto,
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.
All comments received are a part of the public record and will
generally be posted to http://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.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808-944-2108.
SUPPLEMENTARY INFORMATION: The MHI 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 Deep 7 fishery is
managed under a total allowable catch (TAC) limit. The TAC is specified
each fishing year by NMFS, as recommended by the Western Pacific
Fishery Management Council (Council) based on the best available
scientific, commercial, and other information. The fishing year begins
on September 1, and if the TAC is not reached, the fishing year ends on
August 31. NMFS and the State of Hawaii monitor progress towards the
TAC based on commercial bottomfish landings data submitted to the State
by commercial marine license (CML) holders. When bottomfish landings
approach the TAC, NMFS, the State of Hawaii, and the Council meet to
determine the specified date the TAC is projected to be reached.
Pursuant to Federal regulations at 50 CFR 665.211, when the
specified TAC is projected to be reached, NMFS notifies fishermen and
the public of the date when the non-commercial and commercial Deep-7
bottomfish fisheries will be closed, through a notice in the Federal
Register and by other means. The regulations require that NMFS provide
at least 14 days from the date the notice is filed for public
inspection at the Office of the Federal Register to the actual closure
date. The 14-day advanced notification period has created an
administrative challenge for NMFS, in that it requires the agency to
determine the projected closure date at least three weeks in advance of
actual closure so that the closure notice can be processed to provide
the required 14-day notice. This requires projecting the closure date
further in advance than is necessary and with less complete information
compared to this proposed action.
Trip reports submitted to the State of Hawaii by the 500+ state CML
holders who reported fishing for bottomfish indicate that the vast
majority of fishermen engage in single day trips, i.e., lasting less
than 24 hours. Only 12 fishermen reported multi-day bottomfish trips,
and those trips lasted only three days or less. Based on this
information about the fishery, and on the need for more time to process
the closure notice, the Council recommended that NMFS shorten the
advance notice period to seven days.
The objective of the proposed action is to enhance administration
of the fishery by streamlining the advanced notification period. A
seven-day notification period would continue to provide ample time for
fishermen to be made aware of the in-season closure. (By comparison,
NMFS provides seven days advance notification when closing the
commercial longline fishery; this has been ample time for longliners,
even when their trips last up to six weeks.) Additionally, shortening
the advance notification period from 14 to seven days allows the agency
to determine the projected closure date closer to the actual closure.
This is because the seven additional days can be allocated to
processing and analyzing catch data. This could increase precision in
forecasting the closure date, and also facilitate adherence to the
catch limit by reducing the number of days fish could be caught once a
closure notice is announced.
Up-to-date catch information is posted at http://www.fpir.noaa.gov
throughout the fishing year to show the cumulative progress towards the
TAC. With this information, fishermen are able to see an estimate of
when the fishery may close and are able to plan accordingly.
Additionally, prior to the closure date, letters notifying bottomfish
fishermen of the closure date are mailed to permit holders, and
advisements of the closure date are announced to the public in local
news media.
To be considered, comments on this proposed rule must be received
by March 1, 2011, not postmarked or otherwise transmitted by that date.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1854(b)(1)(A), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Fishery Ecosystem Plan for the Hawaiian
Archipelago, 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:
The proposed rule is administrative in nature, and would change
the advance notification period for closure of the main Hawaiian
Islands (MHI) Deep-7 bottomfish fishery to seven days from the
current 14 days. A description of the action, why it is being
considered, and the legal basis are contained in the preamble to
this proposed rule.
All fishing vessels that participate in the MHI Deep 7
bottomfish fishery are considered to be 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, and the proposed action is not
expected to have any impact on these small entities. Trip reports
submitted to the State of Hawaii by the 500+ state CML holders who
reported fishing for bottomfish indicate that the vast majority of
fishermen engage in single day trips, i.e., lasting less than 24
hours. Only 12 fishermen reported multi-day bottomfish trips, and
those trips lasted only three days or less. Therefore, a seven-day
notification period would provide ample time for all fishery
participants to be made aware of the in-season closure.
Additionally, shortening the advance
[[Page 8332]]
notification period from 14 to seven days allows the agency to
determine the projected closure date closer to the actual closure.
This is because the seven additional days can be allocated to
processing and analyzing catch data. This could increase precision
in forecasting the closure date, and also facilitate adherence to
the catch limit by reducing the number of days fish could be caught
once a closure notice is announced.
This rule does not duplicate, overlap, or conflict with other
Federal rules.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 665
Bottomfish, Fishing, Hawaii.
Dated: February 8, 2011.
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
l. The authority citation for part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 665.211, revise paragraph (c) to read as follows:
Sec. 665.211 Total allowable catch (TAC) limit.
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(c) When the TAC limit specified in this section is projected to be
reached based on analyses of available information, the Regional
Administrator shall publish a notice to that effect in the Federal
Register and shall use other means to notify permit holders. The notice
will include an advisement that the fishery will be closed beginning at
a specified date, which is not earlier than seven days after the date
of filing the closure notice for public inspection at the Office of the
Federal Register, until the end of the fishing year in which the TAC is
reached.
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[FR Doc. 2011-3244 Filed 2-11-11; 8:45 am]
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