Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 69015 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action reduces the trip limit for herring 

in Area 1A to 2,000 lb (907.2 kg) until 

January 1, 2011, under current 

regulations. Regulations at § 648.201(a) 

require such an action to ensure that 

herring catch does not exceed the 2010 

Area 1A TAC. The herring fishery 

opened for the 2010 fishing year at 0001 

hours on January 1, 2010. Data 

indicating the herring fleet will have 

harvested at least 95 percent of the 2010 

Management Area 1A TAC have only 

recently become available. If 

implementation of this trip limit 

reduction is delayed to solicit prior 

public comment, the 2010 TAC for the 

management area will be exceeded, 

thereby undermining the conservation 

objectives of the herring fishery 

management plan. The AA further finds, 

pursuant to 5 U.S.C. 553(d)(3), good 

cause to waive the 30 day delayed 

effectiveness period for the reasons 

stated above. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 4, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–28321 Filed 11–5–10; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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 °W. and north of 28 °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. 

■ For the reasons set out in the 

preamble, 50 CFR part 665 is 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 § 665.202, revise paragraph (a)(3) 

to read as follows: 

§ 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 °W. long. and north 

of 28 °N. lat. 

* * * * * 

■ 3. In § 665.204, add new paragraph (k) 

to read as follows: 

§ 665.204 Prohibitions. 

* * * * * 


erowe on DSK5CLS3C1PROD with RULES
69016 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 

(k) Fish for or possess any Hawaii 

bottomfish or seamount groundfish 

MUS in the Hancock Seamounts 

Ecosystem Management Area, in 

violation of § 665.209. 

■ 4. Revise § 665.209 to read as follows: 

§ 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] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 080228322–91377–02] 

RIN 0648–AW24 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish Observer 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

amend regulations implementing the 

North Pacific Groundfish Observer 

Program (Observer Program). This 

action is necessary to improve the 

operational efficiency of the Observer 

Program, as well as to improve the 

catch, bycatch, and biological data 

collected by observers for conservation 

and management of the North Pacific 

groundfish fisheries, including those 

data collected through scientific 

research activities. The final rule is 

intended to promote the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

and the Fishery Management Plan for 

Groundfish of the Gulf of Alaska. 

DATES: Effective December 10, 2010, 

except the revision to the definition of 

a fishing day in § 679.2, which is 

effective on January 1, 2011. 

ADDRESSES: Electronic copies of the 

Regulatory Impact Review/Final 

Regulatory Flexibility Analysis (RIR/ 

FRFA) prepared for this action may be 

obtained from the NMFS Alaska Region 

Web site at http:// 

alaskafisheries.noaa.gov. Written 

comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this final rule may be 

submitted by mail to NMFS, Alaska 

Region, P.O. Box 21668, Juneau, AK 

99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS, 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, AK; and by e-mail 

to OIRA_Submission@omb.eop.gov or 

fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Brandee Gerke, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS manages the U.S. groundfish 

fisheries in the Exclusive Economic 

Zone of the Bering Sea and Aleutian 

Islands Management Area (BSAI) and 

Gulf of Alaska (GOA) under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (collectively, the FMPs), 

respectively. The North Pacific Fishery 

Management Council (Council) 

prepared the FMPs pursuant to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). Regulations implementing the 

FMPs appear at 50 CFR part 679. 

General regulations that pertain to U.S. 

fisheries appear at subpart H of 50 CFR 

part 600. 

The Observer Program provides the 

administrative framework for observers 

to obtain information necessary for the 

conservation and management of the 

groundfish fisheries managed under the 

FMPs. Regulations implementing the 

Groundfish Observer Program at 

§ 679.50 require observer coverage 

aboard catcher vessels, catcher/ 

processors, motherships, and shoreside 

and stationary floating processors that 

participate in the groundfish fisheries 

off Alaska. These regulations also 

establish vessel, processor, and observer 

provider responsibilities relating to the 

Observer Program. 

This final rule amends regulations at 

§ 679.2 and § 679.50 applicable to 

observer providers, observers, and 

industry participants required to obtain 

observer services. The regulatory 

amendments are organized under six 

issues and will remove regulations that 

are either unnecessary or impractical to 

apply; revise regulations to allow 

observer providers to provide observers 

for exempted fishing permit-based and 

scientific research permit-based 

activities; add regulations to prohibit 

activities that result in nonrepresentative fishing behavior from 

counting toward an observer coverage 

day; require observer providers to report 

to NMFS information about the cost of 

providing observers; and establish a 

deadline when observer providers must 

submit copies of their contracts to 

NMFS, per the Council’s April 2008 

motion. This action is necessary to 

improve the operational efficiency of 

the existing Observer Program, as well 

as improve the catch, bycatch, and 

biological data provided by observers 

for conservation and management of the 

North Pacific groundfish fisheries, 

including data provided through 

scientific research activities. 

A detailed description of and 

justification for this final rule was 

presented in the preamble to the 

proposed rule (74 FR 50155, September 

30, 2009). A summary of the final rule 

is presented below. 

Issue 1: Observer Certification and 

Observer Provider Permitting Process 

This final rule clarifies NMFS’s 

discretionary authority to either grant or 

deny an initial observer certification or 

observer provider permit by allowing 

NMFS to consider additional needs and 

objectives of the Observer Program and 

other relevant factors when considering 

whether to issue a new observer 

provider permit or observer 

certification. In addition, the appeal 

process for unsuccessful observer 

candidates and observer provider 

applicants is removed from regulations. 

There is no statutory entitlement to 

receiving observer certification or an 

observer provider permit; thus, the 

granting or denial of observer 

certifications and observer provider 

permits are discretionary agency 

actions. In addition, the existing appeals 

process has rarely been invoked and 

requires substantial agency resources to 

fulfill. These actions will increase 

NMFS’s efficiency in granting or 

denying certifications and permits. 

NMFS reiterates that this action does 

not affect the ability of observers and 

observer providers to appeal any agency 

decision to revoke or sanction a 

certification or permit that already is 

issued. 

Issue 2: Observer Conduct 

This final rule removes Federal 

regulations that attempt to control 

observer behavior related to activities 

involving drugs, alcohol, and sexual 

conduct. NMFS’s observer conduct 

policies established in existing 

regulations are impractical to apply and 

unenforceable. Therefore, NMFS is 

removing these regulations. 


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