[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Proposed Rules]
[Pages 71258-71260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23363]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 111505C]


Fisheries off West Coast States and in the Western Pacific; 
Bottomfish Fisheries; Overfishing Determination on Bottomfish Multi-
Species Stock Complex; Hawaiian Archipelago

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

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement; notice of scoping meetings; request for comment.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) and 
regulations published by the Council on Environmental Quality (40 CFR 
part 1505), NMFS, in coordination with the Western Pacific Fishery 
Management Council (Council), is preparing a Supplemental Environmental 
Impact Statement (SEIS). The SEIS will supplement the Final 
Environmental Impact Statement (FEIS) Bottomfish and Seamount 
Groundfish Fishery of the

[[Page 71259]]

Western Pacific Region. The SEIS will analyze a range of alternatives 
to end overfishing in the bottomfish species complex in the Hawaiian 
Archipelago.

DATES: Public scoping meetings will be held: January 9, 2006, in Hilo, 
HI; January 10, 2006 in Kona, HI; January 11, 2006, in Kahului, HI; 
January 12, 2006 in Honolulu, HI; and January 13, 2006 in Lihue, HI. 
See SUPPLEMENTARY INFORMATION for specific times and locations of 
hearings. Comments on the issues, range of alternatives, and impacts 
that should be analyzed in the SEIS must be received by January 16, 
2006.

ADDRESSES: Submit written comment or requests to be added to the 
mailing list for this SEIS to William L. Robinson, Regional 
Administrator, NMFS, Pacific Islands Region, 1601 Kapiolani Blvd., 
Suite 1110, Honolulu HI 96814; or to Kitty Simonds, Executive Director, 
Council, 1164 Bishop St. Suite 1400, Honolulu, HI 96813. Comments or 
requests may also be sent via facsimile (fax) to the Pacific Islands 
Regional Office at (808) 973-2941 or to the Council at (808) 522-8228. 
You may also submit comments via email at <a href="/cdn-cgi/l/email-protection#2c7c455e6e43585843414a455f446263656c42434d4d024b435a"><span class="__cf_email__" data-cfemail="81d1e8f3c3eef5f5eeece7e8f2e9cfcec8c1efeee0e0afe6eef7">[email protected]</span></a> or 
through the Federal eRulemaking Portal at http://www.regulations.gov. 
The Council's scoping document on the overfishing determination for the 
bottomfish species complex in the Hawaiian Archipelago may also be 
obtained from the Council's office at the address above or via the 
Internet at http://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: William L. Robinson, Regional 
Administrator, NMFS, (808) 973-2937 or Kitty Simonds, Executive 
Director, Council, (808) 522-8220.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires the Secretary of 
Commerce to report annually on the status of fisheries within each 
regional fishery management council's geographical area of authority 
(16 U.S.C. 1854(e)(1)). According to the guidelines for National 
Standard 1 of the Magnuson-Stevens Act (50 CFR 600.310), fishery stock 
status is assessed with respect to two status determination criteria, 
one of which is used to determine whether a stock is overfished and the 
second of which is used to determine whether the stock is subject to 
overfishing. A stock is subject to overfishing if the fishing mortality 
rate exceeds the maximum fishing mortality threshold (MFMT) for one 
year. The MFMT for particular stocks are specified in fishery 
management plans.
    According to Amendment 6 Supplement to the Fishery Management Plan 
for the Bottomfish and Seamount Groundfish Fisheries of the Western 
Pacific Region (Bottomfish FMP), effective July 3, 2003 (68 FR 46112, 
August 5, 2003), the MFMT for bottomfish stock complexes managed under 
the Bottomfish FMP would be exceeded if the fishing mortality rate 
exceeded the rate associated with maximum sustainable yield (MSY). The 
most recent assessment of the bottomfish species complex presented in 
Appendix 5 of the Bottomfish and Seamount Groundfish Fisheries of the 
Western Pacific Region 2003 Annual Report indicated that, based on data 
through 2002, fishing effort (proxy for fishing mortality) exceeded the 
rate associated with MSY.
    Appendix 5 in the 2003 Annual Report indicates that the main 
Hawaiian islands (MHI) is where the excessive fishing mortality problem 
occurs. The Northwestern Hawaiian Islands (NWHI) bottomfish fishery is 
managed under an Bottomfish FMP-authorized limited entry program, 
separated into two limited entry zones (Hoomalu and Mau). In 2004, nine 
vessels participated in the NWHI bottomfish fishery. In contrast, the 
MHI is an open access fishery regulated by the State of Hawaii with 
over 3,700 vessels registered with the State of Hawaii to fish for 
bottomfish. Therefore, it is likely that reducing fishing mortality in 
the MHI would be the most effective means to end overfishing in the 
Hawaiian Archipelago.
    On May 27, 2005, the Pacific Islands Regional Administrator, NMFS, 
notified the Council that NMFS had determined that the bottomfish 
species complex around the Hawaiian Archipelago to be in a state of 
overfishing (70 FR 34552, June 14, 2005). Section 304 (e) (3) of the 
Magnuson-Stevens Act states that ``[w]ithin one year of an 
identification [of overfishing] . . . the appropriate Council . . . 
shall prepare a fishery management plan, plan amendment, or proposed 
regulations for the fishery . . . to end overfishing in the fishery . . 
. . ''
    As required by the Magnuson-Stevens Act, the Council is required to 
prepare and submit to NMFS a fishery management plan amendment to end 
overfishing of the bottomfish complex around the Hawaiian Archipelago.
    Significant issues to be analyzed in the SEIS will include, but 
will not necessarily be limited to, effects on targeted species, 
bycatch, federally listed threatened and endangered species, Hawaii 
state fishery management policies, fishing for bottomfish in State 
waters, incidental catch of bottomfish species in other fisheries, and 
essential fish habitat. Other issues will be health and safety, water 
quality, environmental justice, cultural and socio-economic, and any 
other issues identified through scoping and public involvement.
    Alternatives that may be considered in detail in the SEIS are 
likely to include, but will not necessarily be limited to:
    Alternative 1: No Action: In 1998 the State of Hawaii created 
bottomfish closed areas to reduce effort in the MHI. The closure 
applied to seven deep water bottomfish species (onaga, ehu, gindai, 
kalekale, hapuupuu, opakapaka, and lehi) commonly targeted using deep 
handline gear. Since 1998 a consistent downward trend in effort has 
occurred in the bottomfish fishery in the MHI. This alternative 
continues to support those closed areas which extend into Federal 
waters.
    Alternative 2: Alternative 2 would overlay Federal closures on the 
State of Hawaii's Restricted Fishing Areas in Federal waters. This 
action would provide for Federal enforcement of the closures in 
addition to current State of Hawaii's enforcement.
    Alternative 3: This alternative would close the Federal waters 
around Penguin and Middle Banks to bottomfishing. This alternative 
would prohibit the targeting of, the landing of, and the sale of the 
seven deep slope bottomfish species identified in Alternative 1 from 
Penguin and Middle Banks. The closure would apply to all recreational 
and commercial vessels.
    Alternative 4: Alternative 4 would create a MHI bottomfish fishery 
seasonal closure. This alternative would prohibit the targeting of, the 
landing of, and the sale of the seven deep slope bottomfish species 
identified in Alternative 1 from the MHI. Closure would apply to all 
recreational and commercial vessels. Under this alternative, the 
federally permitted NWHI bottomfish fishery will remain open during MHI 
closures.
    Alternative 5: This alternative would establish total allowable 
catch for all commercial fishing boats in the MHI.
    Alternative 6: This alternative would establish individual fishing 
quotas for all commercial fishing boats in the MHI. Recreational 
vessels would continue to be subject to the catch limits established by 
the State of Hawaii.
    Alternative 7: This alternative combines the use of seasonal 
closures (Alternative 4) and individual fishing quotas (Alternative 6) 
for commercial vessels during the seasonal closure.

[[Page 71260]]

    Alternative 8: This alternative combines use of seasonal closures 
(Alternative 4) and a partial closure of Penguin Banks (Alternative 3).
    The public is invited to assist in developing the scope of 
alternatives to be analyzed, and to provide other relevant information 
on the subject of ending overfishing of this complex.

Dates, Times, and Locations for Public Scoping Meetings

    1. Hilo, HI - Monday, January 9, 2006, from 6-9 p.m. at the 
University of Hawaii-Hilo Campus Center, 200 W. Kawili St., Hilo, 
Hawaii 96720;
    2. Kona, HI - Tuesday, January 10, 2006, from 6-9 p.m. at the King 
Kamehameha Hotel, 75-5660 Palani Rd., Kona, HI 96740;
    3. Maui, HI - Wednesday, January 11, 2006, from 6-9 p.m. at the 
Maui Beach Hotel, 170 Kaahumanu Ave., Kahului, HI 96732;
    4. Oahu, HI - Thursday, January 12, 2006, from 6-9 p.m. at the Ala 
Moana Hotel, 410 Atkinson Dr., Honolulu, HI 96815;
    5. Kauai, HI - Friday, January 13, 2006, from 6-9 p.m. at Chiefess 
Kamakahelei Middle School, 4431 Nuhou St., Lihue, HI 96766.
    To receive a copy of the Draft SEIS, please provide your name and 
address in writing to the point of contact identified in this notice. 
An electronic version of the Draft SEIS, when completed, will also be 
available by internet at the following sites: http://swr.nmfs.noaa.gov/pir or at www.wpcouncil.org. or

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Kitty M. Simonds, 808-522-8220 
(voice) or 808-522-8226 (fax), at least five days prior to the meeting 
date.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 21, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-23363 Filed 11-25-05; 8:45 am]
BILLING CODE 3510-22-S


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