48422 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

NMFS finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) for the closure of the 

July 1–September 14 directed harvest of 

Pacific sardine. For the reasons set forth 

below, notice and comment procedures 

are impracticable and contrary to the 

public interest. For the same reasons, 

NMFS also finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effectiveness for this action. 

This measure responds to the best 

available information and is necessary 

for the conservation and management of 

the Pacific sardine resource. A delay in 

effectiveness would cause the fishery to 

exceed the in-season harvest level. 

These seasonal harvest levels are 

important mechanisms in preventing 

overfishing and managing the fishery at 

optimum yield. The established directed 

and incidental harvest allocations are 

designed to allow fair and equitable 

opportunity to the resource by all 

sectors of the Pacific sardine fishery and 

to allow access to other profitable CPS 

fisheries, such as squid and Pacific 

mackerel. Many of the same fishermen 

who harvest Pacific sardine rely on 

these other fisheries for a significant 

portion of their income. 

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

Dated: September 14, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–22910 Filed 9–18–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 0908131233–91275–02] 

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: Final specification. 

SUMMARY: NMFS specifies a total 

allowable catch (TAC) of 254,050 lb 

(115,235 kg) of Deep 7 bottomfish in the 

main Hawaiian Islands (MHI) for the 

2009–10 fishing year. 

DATES: This final specification is 

effective October 23, 2009. 

ADDRESSES: Copies of the Fishery 

Management Plan for Bottomfish and 

Seamount Groundfish Fisheries of the 

Western Pacific Region (Bottomfish 

FMP) and 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 action. Based on the 

environmental impact analysis 

presented in the EA, NMFS prepared a 

finding of no significant impact 

(FONSI). Copies of the EA and FONSI 

are available from www.regulations.gov, 

the Council, or William L. Robinson, 

Regional Administrator, NMFS Pacific 

Islands Region (PIR), 1601 Kapiolani 

Blvd. 1110, Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, Sustainable Fisheries 

Division, NMFS PIR, 808–944–2108. 

SUPPLEMENTARY INFORMATION: This final 

specification is also accessible at 

www.gpoaccess.gov/fr. 

NMFS specifies a TAC for the 2009– 

10 fishing year of 254,050 lb (115,235 

kg) of Deep 7 bottomfish in the MHI, as 

recommended by the Council, based on 

the best available scientific, commercial, 

and other information, taking into 

account the associated risk of 

overfishing. 

The MHI Management Subarea refers 

to the portion of U.S. Exclusive 

Economic Zone around the Hawaiian 

Archipelago lying to the east of 161° 20′ 

W. long. 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 is projected to be 

reached, NMFS will close the noncommercial and commercial Deep 7 

bottomfish fisheries until the end of the 

fishing year (August 31, 2010). 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. 

All other management measures 

continue to apply in the MHI bottomfish 

fishery. The MHI bottomfish fishery 

reopened 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. 

Additional background information 

on this final specification may be found 

in the preamble to the proposed 

specification published on August 24, 

2009 (74 FR 42641), and is not repeated 

here. 

Comments and Responses 

On August 24, 2009, NMFS published 

a proposed specification and request for 

public comments on the MHI bottomfish 

TAC (74 FR 42641). The comment 

period ended on September 8, 2009. 

NMFS did not receive any public 

comments. 

Classification 

The Regional Administrator, NMFS 

PIR, determined that this final 

specification is necessary for the 

conservation and management of the 

MHI bottomfish fishery, and that it is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act and other applicable laws. 

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. 

This action is exempt from review 

under Executive Order 12866. 

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

Dated: September 17, 2009. 

James W. Balsiger, 

Acting Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–22913 Filed 9–22–09; 8:45 am] 

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