Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 27065 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (71 FR 26254, May 4, 2006), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

had insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data were 

collected to determine the extent of the 

fisheries, and the time the fishery 

modifications had to be implemented in 

order to allow fishers access to the 

available fish at the time the fish were 

available. The AA also finds good cause 

to waive the 30-day delay in 

effectiveness required under U.S.C. 

553(d)(3), as a delay in effectiveness of 

these actions would limit fishers 

appropriately controlled access to 

available fish during the scheduled 

fishing season by unnecessarily 

restricting the fishery. These actions are 

authorized by 50 CFR 660.409 and 

660.411 and are exempt from review 

under Executive Order 12866. 

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

Dated: May 9, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–9223 Filed 5–11–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 070418089–7089–01; I.D. 

040507G] 

RIN 0648–AV49 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Closed Season 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; request for 

comments. 

SUMMARY: This interim rule closes 

Federal waters in the main Hawaiian 

Islands to commercial and recreational 

fishing for seven deepwater bottomfish 

species during May 15 through 

September 30, 2007. This action is 

intended to immediately address 

overfishing for these species in the 

Hawaiian Archipelago while a long-term 

management program is developed for 

the bottomfish multi-species complex. 

DATES: Effective 12:01 a.m. (0001 hrs) 

Hawaii-Aleutian Standard Time (HST) 

on May 15, 2007, until 11:59 p.m. (2359 

hrs) HST on September 30, 2007. 

Comments must be received on or 

before June 13, 2007. 

ADDRESSES: You may submit comments, 

identified by ‘‘0648–AV49’’ by any of 

the following methods: 

• E-mail: AV49Bottomfish@noaa.gov. 

Include ‘‘AV49’’ in the subject line of 

the message. Comments sent via e-mail, 

including all attachments, must not 

exceed a file size of 10 megabytes. 

• Federal e-Rulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: William L. Robinson, 

Regional Administrator, NMFS Pacific 

Islands Region (PIR), 1601 Kapiolani 

Blvd. 1110, Honolulu, HI 96814. 

In accordance with NEPA, an 

Environmental Assessment (EA) was 

prepared for this interim action, and is 

available from William L. Robinson (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, 808–944–2271. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This interim rule is accessible via the 

World Wide Web at the Office of the 

Federal Register’s web site 

www.gpoaccess.gov/fr/index.html. 

Background 

Bottomfish in Hawaii are managed 

according to the Fishery Management 

Plan for Bottomfish and Seamount 

Groundfish in the Western Pacific 

Region (Bottomfish FMP), which was 

developed by the Western Pacific 

Fishery Management Council (Council) 

and implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). Hawaii 

bottomfish are managed as a single 

archipelagic-wide multi-species stock 

complex (bottomfish complex). The 

bottomfish complex comprises certain 

deep-slope snappers, groupers, and 

jacks. Fisheries and management 

programs for Hawaiian bottomfish occur 

in two large geographic areas, the 

Northwestern Hawaiian Islands (NWHI) 

and the main Hawaiian Islands (MHI). 

Pursuant to Presidential Proclamation 

8031 (June 15, 2006), commercial 

fishing in the area of the NWHI that is 

encompassed by the Papah naumoku 

kea Marine National Monument is 

limited to the eight valid Federal 

bottomfish permits effective on June 15, 

2006. Bottomfish landings under these 

permits are limited to 350,000 lb 

(158,757 kg) annually, and may 

continue until June 15, 2011. 

Regulations codifying the terms of the 

Proclamation are found at 50 CFR 

400.10. Regulations governing 

bottomfish fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR part 600 and 

subpart E of 50 CFR part 665. 

NMFS, on behalf of the Secretary of 

Commerce, determined that overfishing 

was occurring on the bottomfish 

complex around the Hawaiian 

Archipelago, with the primary problem 

being excess fishing effort in the MHI. 

On May 27, 2005, NMFS requested the 

Council to take appropriate action to 

end overfishing (70 FR 34452, June 14, 

2005). 

About 300 commercial vessels 

participate in the MHI bottomfish 

fishery, and recreational vessels are 

estimated at over 1,000. Fishermen use 

hooks and lines to target bottomfish 

over deep bottom slopes. Fishing trips 

are usually a day or less, and most 

fishermen participate in both bottomfish 

and pelagic (e.g., troll) fisheries. Except 

for a few full-time commercial 

bottomfish fishermen, most fish for 

bottomfish no more than 60 days a year. 

Many fishermen who fish for recreation 

also sell part of their catch to offset 

fishing expenses, making the distinction 

between recreational and commercial 

activities difficult. The total 2003 exvessel revenue from commercial 

bottomfish fishing in the MHI was an 

estimated $1,460,000 for landings of 

273,000 lb (123,831 kg). Data from the 

MHI commercial fishery are collected 

through the State of Hawaii commercial 

fishing report program. There is no data 

reporting requirement for recreational 

fishing; recreational data are collected 

through surveys. 

Based on 2003 data, NMFS had 

estimated that fishing mortality needed 

to be decreased by 15 percent from 2003 

levels in the MHI to end overfishing in 

the Hawaiian Archipelago. Accordingly, 

the Council began preparation of an 

amendment to the Bottomfish FMP that 

would have proposed prohibiting 

recreational and commercial fishermen 

from fishing for seven deep-water 

bottomfish management unit species in 

Federal waters of Hawaii’s Penguin 

Bank and Middle Bank. Historically, 

those areas represented 16–20 percent of 

MHI bottomfish landings, and would 

have ended the overfishing. The deepwater species are onaga Etelis 

coruscans, ehu E. carbunculus, gindai 

Pristipomoides zonatus, kalekale P. 

sieboldii, opakapaka P. filamentosus, 


ycherry on PROD1PC64 with RULES
27066 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 

lehi Aphareus rutilans, and hapu ́upu ́u 

(also hapu ́u) Epinephelus quernus. 

In September 2006, NMFS updated 

the status of stocks using 2004 data, and 

concluded that overfishing was still 

occurring, but that fishing effort in the 

MHI would have to be reduced by 24 

percent from the 2004 level (greater than 

the 15 percent as targeted in the 

amendment being development) to bring 

archipelago-wide fishing mortality 

down to the maximum fishing mortality 

threshold. Although the Council had 

initially developed an FMP amendment 

to close Penguin and Middle Banks to 

bottomfish fishing, those management 

measures would be insufficient to 

reduce fishing effort by the required 24 

percent. 

To immediately reduce fishing 

mortality while long-term management 

measures are developed, the Council 

requested at its 137th meeting in 

Honolulu, Hawaii, on March 15, 2007, 

that NMFS implement this interim rule 

to close all Federal waters around the 

MHI to commercial and recreational 

bottomfish fishing for the seven deepwater bottomfish management unit 

species during May through September 

2007. This time period will maximize 

protection for bottomfish during their 

spawning season and minimize social 

and economic impacts to fishery 

participants, as other fishing 

opportunities are available during the 

summer, e.g., trolling for pelagic fishes. 

The closed season applies only in the 

MHI and will not affect importation of 

bottomfish into Hawaii. 

This interim action is intended to 

immediately reduce fishing mortality in 

the short term, and provide a sufficient 

time period for the Council to develop 

an FMP amendment containing 

management measures designed to 

prevent overfishing in the long term. 

The effectiveness of this interim action 

would be enhanced by a complementary 

closure of State waters by the State of 

Hawaii, as collaborative Federal and 

State actions would facilitate the 

immediate cessation of fishing mortality 

in both Federal and State waters on the 

bottomfish stock complex that is 

experiencing overfishing. 

During the interim closed season from 

May through September 2007, Council 

and NMFS staffs will develop the 

management measures to be proposed in 

an FMP amendment. Such measures 

may include, but are not limited to, 

additional seasonal closures; a Total 

Allowable Catch (TAC) based on a 

reducing fishing mortality by 24 

percent, the value from the most recent 

stock assessment, with a TAC 

mechanism that responds to necessary 

mortality reductions identified in future 

assessments; and a new Federal permit 

and data collection program for 

recreational bottomfish fishing. The 

revised recommendations are 

anticipated to be finalized by Council 

action in June 2007. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

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), as this requirement is 

impracticable and contrary to the public 

interest. The Council previously took 

action to prepare a plan amendment to 

address the overfishing by reducing 

fishing effort by 15 percent. Before that 

amendment could be implemented, 

however, updated information indicated 

that effort must be reduced by 24 

percent from 2004 effort levels. To 

respond to the new information, the 

Council must prepare a revised FMP 

amendment. In the meantime, no action 

has been taken to reduce fishing effort, 

and overfishing on bottomfish 

continues. There is a need to implement 

the seasonal closure immediately so that 

overfishing of the bottomfish stock 

complex can be addressed, and adverse 

impacts to public fishery resources can 

be reduced as soon as possible. These 

same reasons constitute good cause 

under authority contained in 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

the effective date of this action. 

This interim rule has been determined 

to be not significant for purposes of 

Executive Order 12866. 

A regulatory flexibility analysis has 

not been prepared for this interim rule 

pursuant to the Regulatory Flexibility 

Act because NMFS is not required by 

section 553 of Title 5 of the United 

States Code, or any other law, to publish 

a general notice of proposed rulemaking 

for this rule. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaii, Hawaiian 

Natives, Northern Mariana Islands, 

Reporting and recordkeeping 

requirements. 

Dated: May 9, 2007 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

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 

reads as follows: 

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

■ 2. In § 665.62, add new paragraphs (j) 

and (k) to read as follows: 

§ 665.62 Prohibitions. 

* * * * * 

(j) Fish for or possess any Hawaii 

Prohibited Bottomfish Management Unit 

Species, as specified in § 665.71, in the 

Main Hawaiian Islands Management 

Subarea during a closed season in 

violation of § 665.72(a). 

(k) Sell or offer for sale any Hawaii 

Prohibited Bottomfish Management Unit 

Species, as specified in § 665.71, in 

violation of § 665.72(a) or (b). 

■ 3. Under subpart E, add a new 

§ 665.71 to read as follows: 

§ 665.71 Hawaii Prohibited Bottomfish 

Management Unit Species. 

Hawaii Prohibited Bottomfish 

Management Unit Species means the 

following species: 

Common name Local Name Scientific Name 

Silver jaw jobfish Lehi Aphareus rutilans.

Squirrelfish snapper Ehu Etelis carbunculus.

Longtail snapper Onaga Etelis coruscans.

Pink snapper Opakapaka Pristipomoides filamentosus.

Snapper Kalekale Pristipomoides sieboldii.

Snapper Gindai Pristipomoides zonatus.

Sea bass Hapu1upu1u Epinephelus quernus.


ycherry on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 27067 

■ 4. Under subpart E, add a new 

§ 665.72 to read as follows: 

§ 665.72 Closed seasons. 

(a) All fishing for, or possession of, 

any Hawaii Prohibited Bottomfish 

Management Unit Species, as specified 

in § 665.71, is prohibited in the Main 

Hawaiian Islands Management Subarea 

during May 15, 2007, through 

September 30, 2007, inclusive. All such 

species possessed in the Main Hawaiian 

Islands Management Subarea are 

presumed to have been taken and 

retained from that subarea, unless 

otherwise demonstrated by the person 

in possession of those species. 

(b) Hawaii Prohibited Bottomfish 

Management Unit Species, as specified 

in § 665.71, may not be sold or offered 

for sale during May 15, 2007, through 

September 30, 2007, inclusive, except as 

otherwise authorized by law. 

[FR Doc. E7–9213 Filed 5–11–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XA23 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using 

Trawl Gear in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher 

processor vessels using trawl gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2007 

second seasonal allowance of the Pacific 

cod total allowable catch (TAC) 

specified for catcher processor vessels 

using trawl gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 10, 2007, through 1200 

hrs, A.l.t., June 10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2007 second seasonal allowance 

of the Pacific cod TAC specified for 

catcher processor vessels using trawl 

gear in the BSAI is 11,133 metric tons 

(mt) as established by the 2007 and 2008 

final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007), for the period 1200 hrs, 

A.l.t., April 1, 2007, through 1200 hrs, 

A.l.t., June 10, 2007. See 

§ 679.20(c)(3)(iii), § 679.20(c)(5), and 

§ 679.20(a)(7)(i)(B). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2007 second 

seasonal allowance of the Pacific cod 

TAC specified for catcher processor 

vessels using trawl gear in the BSAI will 

soon be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 8,933 mt, and is 

setting aside the remaining 2,200 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher processor vessels using trawl 

gear in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), 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) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher processor vessels using trawl 

gear in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of May 8, 2007. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: May 9, 2007. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2364 Filed 5–9–07; 1:57 pm] 

BILLING CODE 3510–22–S 


ycherry on PROD1PC64 with RULES