[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Proposed Rules]
[Pages 42641-42643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20327]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 0908131233-91234-01]
RIN 0648-XQ14


Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; 2009-10 Main Hawaiian Islands Bottomfish Total 
Allowable Catch

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed specification; request for comments.

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SUMMARY: NMFS proposes to specify establish a total allowable catch 
(TAC) for the 2009-10 fishing year of 254,050 lb (115,235 kg) of Deep 7 
bottomfish in the main Hawaiian Islands (MHI). The TAC would be set in 
accordance with regulations established to support long-term 
sustainability of Hawaii bottomfish in the Hawaiian Archipelago.

DATES: Comments must be received by September 8, 2009.

ADDRESSES: Comments on this proposed specification, identified by 0648-
XQ14, may be sent to either of the following addresses:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
    <bullet> Mail: William L. Robinson, Regional Administrator, NMFS, 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd, Suite 1110, 
Honolulu, HI 96814-4700.
    Instructions: 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 (if you wish to remain 
anonymous, enter ``NA'' in the required name and organization fields). 
Attachments to electronic comments will be accepted in Microsoft Word 
or Excel, WordPerfect, or Adobe PDF file formats only.
    Copies of the Fishery Management Plan for Bottomfish and Seamount 
Groundfish Fisheries of the Western Pacific Region (Bottomfish FMP) and 
the related Environmental Impact Statement 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, or 
www.wpcouncil.org.
    An environmental assessment (EA) was prepared that describes the 
impact on the human environment that would result from this proposed 
action. This action, specification of a TAC, is exempt from the 
procedures of E.O. 12866 because this action contains no implementing 
regulations and therefore a Regulatory Impact Review was not prepared. 
Based on the environmental impact analyses presented in the EA, NMFS 
prepared a finding of no significant impact (FONSI) for the

[[Page 42642]]

proposed action. Copies of the EA and FONSI are available from 
www.regulations.gov, or the Council (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable 
Fisheries, 808-944-2108.

SUPPLEMENTARY INFORMATION: This Federal Register document is available 
at www.gpoaccess.gov/fr.
    The bottomfish fishery in Federal waters around Hawaii is managed 
under the Bottomfish FMP, developed by the Council and implemented by 
NMFS under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act). 
Regulations governing bottomfish fishing by U.S. vessels in accordance 
with the Bottomfish FMP appear at 50 CFR part 665 and subpart H of 50 
CFR part 600. Currently, bottomfish stocks in the Hawaiian Archipelago 
are not experiencing overfishing, and efforts to minimize localized 
stock depletion in the MHI Management Subarea are precautionary. The 
MHI Management Subarea refers to the portion of the U.S. Exclusive 
Economic Zone around the Hawaiian Archipelago lying to the east of 
161[deg] 20' long.
    Pursuant to regulations at Sec.  665.72, NMFS must is directed to 
specify a TAC limit for Deep 7 bottomfish in the MHI for the fishing 
year, based on a recommendation from the Council, considering the best 
available scientific, commercial, and other information, and taking 
into account the associated risk of overfishing. The Deep 7 bottomfish 
are onaga (Etelis coruscans), ehu (E. carbunculus), gindai 
(Pristipomoides zonatus), kalekale (P. sieboldii), opakapaka (P. 
filamentosus), lehi (Aphareus rutilans), and hapu`upu`u (Epinephelus 
quernus).
    When the TAC for the year is projected to be reached, NMFS will 
close the non-commercial and commercial fisheries until the end of the 
fishing year (August 31). During a fishery closure for Deep 7 
bottomfish, no person may fish for, possess, or sell any of these fish 
in the MHI, except as otherwise authorized by law. Specifically, 
fishing for, and the resultant possession or sale of, Deep 7 bottomfish 
by vessels legally registered to Mau Zone, Ho`omalu Zone, or Pacific 
Remote Island Areas bottomfish fishing permits, and conducted in 
compliance with all other laws and regulations, are not affected by the 
closure. There is no prohibition on fishing for or selling other non-
Deep 7 bottomfish species throughout the year.
    For the Last year (2008-09 fishing year), the TAC was of 241,000 lb 
(109,316 kg) of Deep-7 bottomfish in the MHI (74 FR 6998; February 12, 
2009). Monitoring of the commercial fishery indicated that the TAC for 
the 2008-09 fishing year was projected to be reached by on or before 
July 6, 2009, and, in accordance with the regulations at Sec.  665.72, 
NMFS published a temporary rule closing the non-commercial and 
commercial MHI bottomfish fisheries on July 6, 2009 (74 FR 27253; June 
9, 2009). The fishery is scheduled to re-open on September 1, 2009.
    At its 145th meeting in Kailua-Kona, Hawaii, held July 20-25, 2009, 
the Council reviewed a background document and an preliminary initial 
EA that which incorporated data from an updated March 2009 bottomfish 
stock assessment published by NMFS Pacific Islands Fisheries Science 
Center (PIFSC). These documents were available at the Council's 145th 
meeting. After considering the information in the initial EA, risks of 
overfishing, and recommendations from the Council's Science and 
Statistical Committee, and input from the public, the Council 
recommended a TAC of 254,050 lb (115,235 kg) of MHI Deep 7 bottomfish 
for the 2009-2010 fishing year.Language from FONSI inserted here 
(Subject to Change):
    Based on the updated March 2009 bottomfish stock assessment 
prepared by NMFS PIFSC, the proposed 2009-10 TAC is associated with a 
zero percent risk of overfishing of Hawaiian archipelagic bottomfish 
stocks, ; and between 39- and 44 percent risk of localized depletion 
(or excess fishing mortality) of the MHI management subarea bottomfish 
stocks. These risk values are similar to those estimated by PIFSC for 
the 2008 - 2009 fishing year (i.e., zero and 40 percent, 
respectively)(74 FR 6998; February 12, 2009).
    NMFS will consider the Council's recommendation, potential 
environmental and economic affects of the proposed TAC, and comments 
received during the public comment period for this proposed 
specification, and will announce the final TAC specification in the 
Federal Register. To be considered, comments on this proposed 
specification must be received by September 8, 2009, not postmarked or 
otherwise transmitted by that date.
    Regardless of the final TAC specification, all other management 
measures will continue to apply in the MHI bottomfish fishery. The MHI 
bottomfish fishery is scheduled to re-open on September 1, 2009, and 
will continue until August 31, 2010, unless the fishery is closed prior 
to August 31 as a result of the TAC being reached.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator for Fisheries has determined that this 
proposed specification is consistent with the Bottomfish FMP, other 
provisions of the Magnuson- Stevens Act, and other applicable laws, 
subject to further consideration after public comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council 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.

    Language from SBA Letter (Drafted by M. Razin):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. There 
are approximately 380 vessels engaged in the commercial harvest of 
MHI bottomfish. Average gross receipts per vessel for the 2008-2009 
fishery was $3,577.00, based on a price of $5.64 per lb and a 
harvest of the 2008-2009 TAC specification of 241,000 lb. In 
general, the relative importance of MHI bottomfish to commercial 
participants as a percentage of overall fishing (or household) 
income is unknown, as the total suite of fishing (or other income-
generating) activities undertaken by individual operations across 
the year has not been examined, to date. The majority of the 380 
vessels comprising the affected universe were under 30 ft (9.1 m) in 
length overall.
    Based on all available information, NMFS has determined that all 
vessels in the current fishery are 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. Furthermore, there are no disproportionate economic 
impacts among the universe of vessels based on gear, home port, or 
vessel length. Assuming an average price of $ 5.64 per lb, the 
proposed TAC specification of 254,050 lbs (115,235 kg) is expected 
to yield $1,432,842.00 in total revenue, or an average of $3,770.00 
in revenue per vessel, compared to $3,577.00 per vessel for the 
2008-2009 fishery. This is resulting in an expected five 5 percent 
increase in revenue per vessel from implementing the proposed 
specification. Even though there would be a substantial number of 
vessels, i.e., 100 percent of the bottomfish fleet, affected by this 
specification, there would be no significantly adverse economic 
impact to individual

[[Page 42643]]

vessels resulting from the implementation of this specification. 
Therefore, pursuant to section 605(b) of the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), NMFS has determined that this rule will not 
have a significant economic impact on a substantial number of small 
entities.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This action is exempt from review under the procedures of E.O. 
12866 because this action contains no implementing regulations.

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

    Dated: August 19, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-20327 Filed 8-21-09; 8:45 am]
BILLING CODE 3510-22-S