[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15222-15223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6580]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 101210611-1185-02]
RIN 0648-BA58
Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification
of Fishery Closures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule changes the advance notification period for
in-season closure of the main Hawaiian Islands (MHI) Deep-7 bottomfish
fishery from 14 to 7 days. The intent of the change is to enhance
administration of the fishery.
DATES: This final rule is effective April 20, 2011.
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, http://www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808-944-2108.
SUPPLEMENTARY INFORMATION: The fishery for main Hawaiian Islands Deep 7
bottomfish is managed under a total allowable catch (TAC) limit. NMFS
and the State of Hawaii monitor progress towards the TAC based on
records of commercial bottomfish landings collected by the State. When
bottomfish landings approach the TAC, NMFS, the State, and the Council
determine the date the TAC is projected to be reached, and the
commercial and non-commercial fisheries for Deep 7 bottomfish will be
closed.
Federal regulations at 50 CFR 665.211 require NMFS to notify
fishermen and the public of the date when the fisheries will close
through a notice in the Federal Register and other means. This final
rule changes the minimum required advance notification period from 14
to 7 days. The objective of this final rule is to enhance
administration of the fishery by streamlining the advanced
notification.
Additional background information on this final rule is found in
the preamble to the proposed rule published on February 14, 2011 (76 FR
8330). Briefly, reducing the advance notification period for a closure
of the Deep 7 bottomfish fishery will allow NMFS to more accurately
determine the closure date, while still providing fishermen with
sufficient notice of the impending closure. The comment period for the
proposed rule ended on March 1, 2011, and NMFS did not receive any
comments.
Changes From the Proposed Rule
There are no changes from the proposed rule in this final rule.
Classification
The Administrator, Pacific Islands Region, NMFS, determined that
this final rule is necessary for the conservation and management of the
Hawaii bottomfish fishery, 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
Bottomfish, Fishing, Hawaii.
Dated: March 15, 2011.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 665 is amended
as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.211, revise paragraph (c) to read as follows:
[[Page 15223]]
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 7 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. 2011-6580 Filed 3-18-11; 8:45 am]
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