Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Proposed Rules 6101 

oral and written presentations are set 

forth in Section 1.1206(b). 

4. Filing Requirements 

17. Comments and Replies. Pursuant 

to Sections 1.415 and 1.419 of the 

Commission’s rules, interested parties 

may file comments on or before March 

3, 2008, and reply comments on or 

before March 17, 2008 using: (1) The 

Commission’s Electronic Comment 

Filing System (‘‘ECFS’’), (2) the Federal 

Government’s eRulemaking Portal, or (3) 

by filing paper copies. 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 

provided on the website for submitting 

comments. 

• For ECFS filers, if multiple docket 

or rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. Filings 

can be sent by hand or messenger 

delivery, by commercial overnight 

courier, or by first-class or overnight 

U.S. Postal Service mail (although we 

continue to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington DC 20554. 

18. Availability of Documents. 

Comments, reply comments, and ex 

parte submissions will be available for 

public inspection during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street, SW., CY–

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS. Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat. 

19. Accessibility Information. To 

request information in accessible 

formats (computer diskettes, large print, 

audio recording, and Braille), send an email to fcc504@fcc.gov or call the FCC’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). This document can 

also be downloaded in Word and 

Portable Document Format (PDF) at: 

http://www.fcc.gov. 

G. Additional Information 

20. For more information on this 

Third Report and Order and Third 

Further Notice of Proposed Rule 

Making, please contact Lyle Elder, 

Lyle.Elder@fcc.gov, or Eloise Gore, 

Eloise.Gore@fcc.gov, of the Media 

Bureau, Policy Division, (202) 418–

2120. 

II. Ordering Clauses 

21. It is ordered that, pursuant to the 

authority contained in Sections 4, 303, 

614, and 615 of the Communications 

Act of 1934, as amended, 47 U.S.C. 154, 

303, 534, and 535, this Third Report and 

Order and Third Further Notice of 

Proposed Rule Making is adopted and 

the Commission’s rules are hereby 

amended as set forth in Appendix C of 

the Order. 

22. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Third Report and Order and Third 

Further Notice of Proposed Rule 

Making, including the Initial and Final 

Regulatory Flexibility Analyses, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

23. It is further ordered that the 

Commission shall send a copy of this 

Third Report and Order and Third 

Further Notice of Proposed Rule Making 

in a report to be sent to Congress and 

the General Accounting Office pursuant 

to the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–1914 Filed 1–31–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 071211828–7557–01] 

RIN 0648–AU22 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Management Measures in 

the Main Hawaiian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

implement management measures for 

the vessel-based bottomfish fishery in 

the Main Hawaiian Islands, including 

requirements for non-commercial 

(recreational and subsistence) permits 

and data reporting, a closed season, 

annual total allowable catch limits, and 

non-commercial bag limits. The 

proposed action is intended to end the 

overfishing of bottomfish in the 

Hawaiian Archipelago. 

DATES: Comments must be received on 

or before March 7, 2008. 

ADDRESSES: Comments on the proposed 

rule, identified by 0648–AU22, may be 

sent to either of the following addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov; or 

• 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 (for 

example, name, address, etc.) submitted 

voluntarily by the commenter may be 

publicly accessible. Do not submit 

Confidential Business Information, or 

otherwise sensitive or protected 


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6102 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Proposed Rules 

information. NMFS will accept 

anonymous comments. Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. 

Copies of Amendment 14, including a 

final environmental impact statement, 

regulatory impact review, and initial 

regulatory flexibility analysis, 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. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, NMFS PIR, 808–944–2273. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This proposed rule is accessible via 

the World Wide Web at the Office of the 

Federal Register’s web site 

www.gpoaccess.gov/fr/. 

Background 

Bottomfish fishing in Hawaii is 

managed under the Fishery 

Management Plan for the Bottomfish 

and Seamount Groundfish Fisheries of 

the Western Pacific Region (Bottomfish 

FMP), which was developed by the 

Council and implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). Hawaii bottomfish are managed as 

a single archipelago-wide multi-species 

stock complex (bottomfish complex). 

The bottomfish complex is comprised of 

certain deep-slope snappers, groupers, 

and jacks. Fisheries and management 

programs for Hawaiian bottomfish 

operate in two large geographic areas-- 

the Northwestern Hawaiian Islands 

(NWHI) and the main Hawaiian Islands 

(MHI). 

Fishermen use lines with baited 

hooks to target bottomfish over deep 

bottom slopes. Fishing trips are usually 

a day or less, and most bottomfish 

fishermen also participate in pelagic 

fisheries (e.g., trolling for tunas, marlins, 

and related species). Except for a few 

full-time commercial bottomfish 

fishermen, most fish for bottomfish no 

more than 60 days a year. 

Data from the Hawaii commercial 

bottomfish fishery are collected through 

the State of Hawaii commercial fishing 

report program. In 2003, the most recent 

year for which data are available, there 

were currently about 380 vessels active 

in the commercial bottomfish fishery. 

The total 2003 ex-vessel revenue from 

the commercial bottomfish fishery in 

the MHI was estimated at $1.46 million 

for landings of 273,000 lb (123,831 kg). 

There is currently no mandatory 

permitting or data reporting requirement 

for non-commercial fishing. Some data 

on the non-commercial bottomfish 

fishery are collected through surveys. 

NMFS estimates that, based on the State 

boat registration program and 

independent surveys, 800–5,000 

fishermen participate in the noncommercial bottomfish fishery. 

NMFS, on behalf of the Secretary of 

Commerce, determined that overfishing 

is occurring on the bottomfish complex 

in the Hawaiian Archipelago, with the 

primary problem being excessive fishing 

mortality on seven deep water species 

(the ‘‘Deep 7’’ species) in the MHI. The 

Deep 7 species 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). 

On May 27, 2005, NMFS notified the 

Council of the overfishing and requested 

the Council to take appropriate action to 

end the overfishing (70 FR 34452, June 

14, 2005). In response, in May 2006, the 

Council prepared an FMP amendment 

and draft regulations that would have 

reduced fishing mortality on the Deep 7 

species by 15 percent, the reduction 

indicated by the stock assessment at that 

time. 

In September 2006, before the Council 

amendment was finalized, NMFS 

updated the status of bottomfish stocks 

using 2004 data, and concluded that 

overfishing was still occurring and that 

bottomfish fishing effort in the MHI 

would have to be reduced by 24 percent 

from the 2004 level to bring archipelagowide bottomfish fishing mortality down 

to the maximum fishing mortality 

threshold. 

To immediately address the 

overfishing situation, the Council 

requested that NMFS close the Hawaii 

non-commercial and commercial 

bottomfish fisheries during the summer 

of 2007. NMFS promulgated an interim 

rule that closed Federal waters around 

the MHI to commercial and noncommercial bottomfish fishing for the 

Deep 7 species from May 15 though 

September 30, 2007 (72 FR 27065; May 

17, 2007). The State of Hawaii also 

implemented a complementary interim 

closed season for State waters during 

the same period. 

The Council further developed 

Amendment 14 and management 

measures designed to prevent 

overfishing, commensurate with the 

2006 revised bottomfish stock 

assessment. This proposed rule is 

intended to end overfishing of the 

bottomfish stocks around the Hawaiian 

Archipelago, reduce the fishing 

mortality for the Deep 7 species in the 

MHI by approximately 24 percent in 

2008 and establish a mechanism (annual 

TAC) to respond to future changes in 

stock status, and improve data 

collection from non-commercial 

bottomfish fisheries in Federal waters 

around the MHI. 

The proposed rule would implement 

several management measures for 

vessel-based bottomfish fishing in the 

MHI. First, a Federal bottomfish permit 

would be required for all vessel-based 

non-commercial fishing for any 

bottomfish management unit species 

(not just Deep 7 species) in Federal 

waters around the MHI. All noncommercial bottomfish fishermen who 

fish from vessels would be required to 

obtain this permit by the start of the 

2008–09 fishing year (i.e., September 1, 

2008). There would be a fee for the 

permits, and while the exact cost of the 

permit has not been determined at this 

time, it would be less than $80. 

Second, the proposed rule would 

require operators of non-commercial 

fishing vessels to submit daily Federal 

logbooks that document bottomfish 

fishing effort and catch for each fishing 

trip. The data from these logbooks 

would be the basis for calculating noncommercial fishing effort and harvest of 

bottomfish management unit species, 

bycatch, and interactions with protected 

species. 

Third, the proposed rule would 

implement a closed season from May 1 

through August 30, 2008. During this 

closure, fishing for Deep 7 species 

would be prohibited in Federal waters. 

Fishing for bottomfish species other 

than Deep 7 species would not be 

prohibited during the closed season. 

This summer time period was chosen to 

maximize protection for Deep 7 

bottomfish during their spawning 

season, and to minimize social and 

economic impacts to fishery 

participants (other fishing opportunities 

are available during the summer, e.g., 

pelagic trolling). 

Fourth, the proposed rule would also 

establish an annual total allowable catch 

(TAC) for the MHI bottomfish fishery. 

The TAC would be determined each 

fishing year using the best available 

scientific information, commercial and 

non-commercial fishing data, and other 

information, and would consider the 

associated risk of overfishing. NMFS 

would publish in the Federal Register 

by August 31 the TAC for the upcoming 

fishing year, and would use other means 

to notify permit holders of the TAC. 

When the TAC is reached, or projected 

to be reached, NMFS would publish a 

notice in the Federal Register and use 

other means to notify permit holders 

that the fishery will be closed on a 

specified date, providing fishermen 


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with two weeks advance notice of the 

closure. 

The Council set the TAC for the 2007–

08 fishing year (October 2007 through 

April 2008) at 178,000 lb (80,740 kg) of 

Deep 7 species. This represents a 24–

percent reduction from the 2004 

reported commercial fleet-wide catch. 

When the TAC is reached, all fishing for 

Deep 7 species will be prohibited in 

Federal waters around the MHI for the 

remainder of the fishing year. There is 

no prohibition on fishing for other 

bottomfish species throughout the year. 

Lastly, the proposed rule would 

implement Federal bottomfish bag 

limits for non-commercial fishing. Noncommercial fishermen would be 

allowed to catch, possess, and land as 

many as five Deep 7 fish combined, per 

person, per fishing trip in Federal 

waters. The State of Hawaii also has a 

similar bag limit for non-commercial 

fishing. 

Classification 

Pursuant to section 304 (b)(1)(A) of 

the Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the Bottomfish FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

Public comment is specifically sought 

in two areas: (1) the potential impacts 

on the regulated public of the vessel 

identification requirements in 50 CFR 

665.16, and (2) requirements for Federal 

non-commercial permit holders to 

report their fishing activity and catch in 

both Federal and state waters. 

The Council prepared a final 

supplemental environmental impact 

statement (EIS) for Amendment 14 that 

discusses the impacts on the 

environment as a result of this proposed 

rule. The direct, indirect, short-term, 

long-term, and cumulative impacts of 

the proposed action were analyzed. The 

measures are expected to result in a 

decrease in fishing effort and this is 

expected to have a positive impact on 

the Deep 7 species that are experiencing 

overfishing. No significant adverse 

impacts are anticipated on sea turtles, 

marine mammals, seabirds, Essential 

Fish Habitat, or Habitat Areas of 

Particular Concern from either 

bottomfishing activities or as a result of 

bottomfishing operations changing to 

pelagic fishing at times when the 

bottomfish fishery is closed. 

The implementation of a TAC as a 

fishery management measure does have 

the potential to result in a ‘‘race for the 

fish’’ and high-grading (discarding less 

desirable fish for more desirable fish). 

However, the likelihood of either of 

these scenarios occurring is expected to 

be low, and if these do occur, the 

Council and NMFS could take 

additional action to prevent adverse 

impacts. The proposed reporting and 

permitting requirements for noncommercial fishing would provide more 

comprehensive information for 

monitoring and managing the 

bottomfish fishery. 

The impact of reduced fishing on nontarget fish and bycatch was considered 

and is not expected to be significant 

because the measures to end overfishing 

would also result in a decrease of total 

catch in both target and non-target fish. 

Fish mortality due to barotrauma 

(physical damage to the fish as gases in 

the gas bladder expand in an 

uncontrolled manner during rapid 

ascent) would be reduced through 

outreach by the Council and NMFS to 

teach fishermen how to properly 

resuscitate and release fish. All fish 

catches would be required to be 

recorded and counted as part of the 

TAC, so it is believed that this will help 

to discourage high-grading. 

The proposed rule is not expected to 

have significant adverse economic 

impacts. The impacts of the seasonal 

closure and TAC limitations might be 

mitigated for the commercial fishermen 

because they can offset their losses 

through moving to pelagic fishing 

during the seasonal closures and after 

the TAC is reached. The EIS analysis 

recognizes that during the times the 

MHI fishery is closed, markets will shift 

to imports to supply bottomfish, and 

these markets would need to be reestablished by local bottomfish 

fishermen annually. It is believed that 

these fluctuations can be managed over 

time. Non-commercial fishermen that 

are required to stop fishing once TAC is 

reached would also be able to fish for 

non-Deep 7 or pelagic species. 

The proposed rule is not expected to 

result in significant adverse or 

disproportionate impacts on fishing 

communities, native Hawaiians, or on 

members of minority or low-income 

groups. Adverse impacts would be 

spread among all fishery participants, 

and the measures will benefit the 

fishery in the long run, and provide a 

sustainable harvest of bottomfish in the 

future. 

Overall, the proposed rule is expected 

to have positive environmental impacts 

by ensuring that the bottomfish complex 

will no longer be subject to overfishing. 

A copy of the environmental impact 

statement is available from the Council 

(see ADDRESSES). 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An initial regulatory flexibility 

analysis (IRFA) (including a 

supplemental IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act. The IRFA 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY of the preamble. The IRFA 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities, as follows: 

A description of the action, why it is being 

considered, and the legal basis for this action 

are contained in the SUMMARY and 

SUPPLEMENTARY INFORMATION sections of the 

preamble to this rule. This rule does not 

duplicate, overlap, or conflict with other 

Federal rules. There are no reporting, recordkeeping, or other compliance requirements 

for commercial vessels in the proposed rule. 

There are no disproportionate economic 

impacts from this rule based on home port, 

gear type, or relative vessel size. 

Description and Estimate of the Number of 

Small Entities to Which the Rule Applies 

There are approximately 380 vessels 

engaged in the harvest of bottomfish based on 

2000–03 data. The aggregate gross receipts for 

these vessels in the bottomfish fishery were 

$1.47 M with average gross receipts per 

vessel of $3,870 annually. All vessels are 

considered to be small entities under the 

Small Business Administration definition of 

a small entity, i.e., they are engaged in the 

business of fish harvesting, are not 

independently-owned or operated, are not 

dominant in its 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. 

Description of Alternatives 

Alternative 1: No Action 

Alternative 1 is to take no Federal action; that 

is, no Federal management measures would 

be recommended by the Council for approval 

and implementation at this time. Under this 

alternative, overfishing in the bottomfish 

fishery in the Hawaiian Archipelago would 

continue. This alternative would allow 

continued open access for entry into the MHI 

fishery. MHI commercial fishermen would be 

required to submit catch reports but noncommercial fishermen would not be required 

to submit catch reports, so the noncommercial catch component of the total 

harvest would remain unknown. 

Alternative 2: May – September Seasonal 

Closure 

Under Alternative 2, an annual summer 

closure would be implemented from May 1 

to September 30 for the entire MHI 


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6104 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Proposed Rules 

bottomfish fishery (both commercial and 

non-commercial vessels). Targeting, 

possessing, landing, or selling Deep 7 species 

caught in the MHI would be prohibited 

during the closed season. The NWHI 

bottomfish fishery would remain open until 

it is phased out in 2011. Bottomfish imports 

and NWHI bottomfish would be exempt from 

the prohibition. All vessel operators (both 

commercial and non-commercial) targeting 

bottomfish in the MHI would be required to 

register their vessels on an annual basis and 

would be required to complete and submit 

reports of their catch, fishing effort, and area 

fished. In addition, each vessel would be 

required to be marked on an unobstructed 

upper surface with its registration number. 

Implementing this seasonal closure for 

both the commercial and non-commercial 

fishery, based on mean monthly landings, 

would result in an approximate 25 percent 

reduction of fishing mortality, however, 

parallel State regulations would be needed 

for this alternative to be feasible and 

effective. Based on mean monthly landings 

(1998–2004), a May through September 

closed period, would meet the current 24 

percent target reduction, if significant 

temporal redistribution of fishing effort does 

not occur. During the open season the noncommercial component would have to 

adhere to the existing State non-commercial 

bag limit of five ehu and/or onaga per trip per 

person, however, this limit may be changed 

and/or other species may be added. 

Alternative 3: Fleet wide TAC 

Alternative 3 would implement a Fleet 

wide (i.e. combined commercial and noncommercial) TAC designed to result end 

overfishing. Under this alternative 

commercial and non-commercial catches 

would be reported within a specified time 

limit (as close to ’real time’ as is feasible) and 

a regulatory mechanism would be put into 

place to close the fishery for the remainder 

of the fishing year when the combined TAC 

is reached. The fishing year would begin 

October 1. The TAC would initially be set at 

178,000 pounds of the Deep 7 species (all 

species combined), representing a 24 percent 

reduction from the 2004 Fleet wide reported 

MHI bottomfish catch of these species and 

would be applied to the MHI commercial 

Deep 7 bottomfish fishery. Bottomfish fishing 

would be allowed each fishing year until the 

TAC was reached, and thereafter no fishing 

for Deep 7 bottomfish (commercial or noncommercial) would be permitted in the MHI. 

The TAC would be anticipated to be revised 

by NMFS in subsequent years based on 

future stock conditions. 

Alternative 4: Commercial TAC and Noncommercial Bag Limit 

Alternative 4 would implement a TAC for 

the commercial fishery only and close that 

sector when the TAC is reached. The 

bottomfish fishing year would start on 

October 1 which makes it more likely the 

fishery will be open during the important 

holiday periods and continue until the TAC 

was reached. The non-commercial sector 

would have to adhere to the existing State 

non-commercial bag limit of 5 ehu and/or 

onaga per trip per person, however, this limit 

may be changed and/or other species may be 

added by the State. The TAC would initially 

be set at 178,000 pounds of the Deep 7 

species (all species combined), representing 

a 24 percent reduction from the 2004 Fleet 

wide reported MHI bottomfish catch of these 

species (Moffitt et al. 2006) and would be 

applied to the MHI commercial Deep 7 

bottomfish fishery. Bottomfish fishing would 

be allowed each fishing year until the TAC 

was reached, and thereafter no fishing for 

Deep 7 bottomfish (commercial or noncommercial) would be permitted in the MHI. 

The TAC would be anticipated to be revised 

by NMFS in subsequent years based on 

future stock conditions. 

Alternative 5: TAC with Limited Access and 

Non-commercial Bag Limit 

Alternative 5 would implement a 

commercial TAC in combination with a 

limited access program for the commercial 

sector. A limited access system will simplify 

the determination and monitoring of 

individual quotas by limiting the number of 

participants. Only those with limited access 

permits would be allowed to fish 

commercially for the Deep 7 bottomfish in 

the MHI. Each limited access vessel would be 

required to stop fishing when the TAC was 

reached. The limited access system would 

allocate a certain number of permits based on 

criteria related to past participation in the 

fishery. The non-commercial catch 

component would be limited by maintaining 

the State’s existing bag limit but possibly 

would include other species. The fishing year 

would begin October 1. The TAC would 

initially be set at 178,000 pounds of the Deep 

7 species (all species combined), representing 

a 24 percent reduction from the 2004 Fleet 

wide reported MHI bottomfish catch of these 

species (Moffitt et al. 2006) and would be 

applied to the MHI commercial Deep 7 

bottomfish fishery. Bottomfish fishing would 

be allowed each fishing year until the TAC 

was reached, and thereafter no fishing for 

Deep 7 bottomfish (commercial or noncommercial) would be permitted in the MHI. 

The TAC would be anticipated to be revised 

by NMFS in subsequent years based on 

future stock conditions. 

Alternative 6: Commercial IFQs and Noncommercial Bag Limit 

Alternative 6 would allocate individual 

fishing quotas (IFQs) to all commercial 

fishermen (open access), whereby each 

fisherman is required to stop fishing for the 

reminder of the fishing year when their 

individual quota was reached. The sum of 

quotas would be calculated to meet the 

necessary fishing mortality reduction. In a 

sense this alternative is also management 

using a TAC, however, the TAC is 

subdivided into individual quotas. The 

number of fishermen would likely be limited 

to past participants in the fishery and quota 

amounts would likely be determined based 

on individual historical catches. Once a 

commercial fisherman had landed his 

respective IFQ, that person would not be 

permitted to fish for, possess, or sell any 

bottomfish until the following year. The noncommercial component would have to 

adhere to the existing State non-commercial 

bag limit of 5 ehu and/or onaga per trip per 

person, however, this limit may be changed 

and/or other species may be added by the 

State. The sum of the IFQs would initially be 

set at 178,000 pounds of the Deep 7 species 

(all species combined), representing a 24 

percent reduction from the 2004 Fleet wide 

reported MHI bottomfish catch of these 

species (Moffitt et al., 2006). The sum of the 

IFQs would be anticipated to be revised by 

NMFS in subsequent years based on future 

stock conditions. 

Each MHI commercial bottomfish 

participant with an IFQ would be issued a set 

of bottomfish stamps, with each stamp 

representing a certain number of pounds of 

bottomfish and all the stamps totaling the 

fisherman’s total IFQ. The fisherman would 

be required to submit a stamp to the dealer 

at the point of sale. Once all the stamps were 

submitted the fisherman would be prohibited 

from fishing until the next open season. The 

fisherman’s bottomfish stamps would be nontransferable. 

Under this alternative, commercial 

fishermen would be required to continue 

reporting their catches and to stop fishing 

when their individual quota was reached. 

Fishery data would be analyzed in real time 

to monitor landings versus quotas. 

Alternative 7: Phased-in TAC Management 

(Preferred) 

Under Alternative 7, the MHI Deep 7 

bottomfish fishery would ultimately be 

managed under a TAC which would be based 

on, and applied to, both commercial and 

non-commercial catches combined. 

Alternative 7 would utilize a phased-in 

approach. Phase 1 was to consist of a MaySeptember 2007, seasonal closure of waters 

around the MHI to both commercial and noncommercial fishing for the Deep 7 species, 

and this closed period is currently in effect. 

The 2007 seasonal closure has already been 

analyzed and implemented for Federal 

waters by NMFS (72 FR 27065; May 14, 2007) 

and by the Hawaii DLNR for State waters and 

is, therefore, not part of the action analyzed 

in this document. 

A commercial Deep 7 TAC of 178,000 lb 

(80,740 kg, a 24- percent reduction of MHI 

commercial Deep 7 catches as compared to 

2004) would be implemented. Tracking of 

commercial landings towards this TAC has 

begun with the reopening of the fishery on 

October 1, 2007. During the open period, 

non-commercial catches would continue to 

be managed by bag limits, however they 

would be changed from the current five 

onaga and/or ehu combined per person per 

trip, to five of any Deep 7 species combined 

per person per trip and they would be 

extended into Federal waters via Federal 

rulemaking under the Council process to ease 

enforcement. Once commercial Deep 7 

landings reached the TAC, both the 

commercial and non-commercial sectors 

would be closed. 

There would be a Federal permit 

requirement for all non-commercial 

fishermen who catch BMUS in the MHI. The 

operator of a vessel would be responsible for 

reporting landings of each trip taken. This 

would provide NMFS with the data needed 

to calculate and track a non-commercial 

portion of the overall TAC. 


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A second seasonal closure to MHI Deep 7 

fishing would be implemented from May 

August 2008, followed by implementation of 

a combined commercial and non-commercial 

Deep 7 TAC beginning September 1, 2008. 

The non-commercial bag limits would be 

dropped for the 2008 fishery. However, bag 

limits could be reinstated depending upon 

the quality of non-commercial catch data 

provided by fishermen to the State and 

NMFS so that an appropriate noncommercial TAC may be selected by the 

Council. In subsequent years (2009 and 

beyond) the fishing year would begin on 

September 1 and the MHI Deep 7 fishery 

would be managed via a commercial and 

non-commercial TAC calculated by PIFSC to 

prevent overfishing of these species. 

Economic Impacts of the Rule 

Preferred Alternative 7 

The preferred alternative has, in part, been 

implemented under the interim rule (72 FR 

27065; May 14, 2007) that required a seasonal 

closure of the MHI bottomfish fishery from 

May-September, 2007. The interim rule 

implemented a reduction in landings of 25.3 

percent from the biological base year of 2004. 

The biological marker to stop overfishing in 

the 2007 fishery required that landings be 

reduced by at least 24 percent from the 2004 

base year. The TAC of 178,000 pounds 

beginning on October 1,2007 and ending on 

September 1, 2008 could actually represent a 

slight increase in economic benefits to 

individual vessels since the 2007 closure is 

expected to yield an estimated 25.3 percent 

reduction from 2004 landings, and the TAC 

would yield only an estimated 24 percent 

reduction in revenues assuming that actual 

prices remained constant between 2004 and 

2008 fisheries. This would translate to the 

possibility of an estimated 5 percent increase 

in harvest and resulting revenues for the 

2008 fishery (October 1, 2007 - September 1, 

2008) from the prior year. 

Implementation of the TAC could lead to 

an increased reliance on NWHI bottomfish 

until this fishery is closed in 2011 and on 

increased imports of bottomfish. An 

increased reliance on imported bottomfish 

would be anticipated to have negative 

impacts on the entire commercial fishery 

sector as market channels for fresh MHI 

bottomfish would be lost and have to be 

regained each year. Commercial fishery 

participants may be differentially impacted 

depending on their ability and willingness to 

‘‘race to the fish’’ and some may upgrade 

their vessels (e.g., buy larger vessels or more 

powerful engines for existing vessels) or fish 

during adverse weather in order to achieve 

high catches before the TAC is reached. 

These responses would be anticipated to 

result in over-capitalization (i.e., otherwise 

unnecessary investments to upgrade vessels) 

of the fishery and threats to the safety of 

fishery participants. However, given that 

bottomfish fishing currently occurs without 

incident throughout the year it is believed 

that existing participants are aware of and 

able to deal with all types of weather and sea 

conditions. 

The seasonal closure in 2008 most likely 

would have little or no impact on landings 

since the 2008 TAC of 178,000 lb (80,740 kg) 

should be caught prior to the low demand 

and historically low supply months of May 

through August. The future requirement to 

merge landings by the non-commercial sector 

with the commercial sector in determining 

annual harvest could have a substantially 

adverse economic impact to commercial 

vessels. This would result from the impact of 

a unique quota that at this time is given only 

to commercial vessels but would eventually 

be shared by both non-commercial and 

commercial fisheries. Future quotas that 

would be implemented to prevent 

overfishing could translate into a reduction 

in availability of fish to the commercial 

sector determined exactly by an increase in 

fish available to the non-commercial sector. 

Considering that for 2007–08 the noncommercial harvest would not be counted as 

part of the TAC, the initial merging of noncommercial and commercial sector landings 

under one TAC, which is scheduled to be 

implemented in Sept, 2008 could result in 

large economic losses to the vessels 

comprising the commercial fleet. For 

example, if it is determined that the noncommercial sector could take 50 percent of 

the quota, the existing commercial TAC 

would be reduced by a defacto 50 percent; if 

the non-commercial sector could take 30 

percent of the quota, the commercial quota 

would be reduced by a defacto 30 percent, 

and so on. 

Economic losses to the commercial sector 

could be mitigated somewhat by increases to 

available harvest from improvements to the 

bottomfish stock and economic benefits 

derived from other fisheries or other uses of 

fishing vessels (opportunity costs), to the 

extent they exist. Given that there could be 

sizable adverse economic impacts to the 

commercial fishery resulting from one TAC 

for commercial and non-commercial sectors, 

NMFS will complete a Regulatory Flexibility 

Analysis to determine the economic impacts 

to commercial vessels when non-commercial 

landings are estimated and the September 1, 

2008–August 31, 2009 TAC is specified. 

Additionally, by the time the TAC is 

specified, NMFS should l have information 

on the State of Hawaii’s intentions regarding 

their bag limit. Since the universe of affected 

entities under does not include noncommercial fishers, economic impacts to this 

group are not considered under this 

supplemental IRFA. However, those impacts 

were analyzed by the Council as part of the 

Regulatory Impact Review to assess regional 

and national economic impacts. 

Impacts of Other Alternatives 

In the short term, the no-action alternative 

would yield substantial economic benefits to 

individual vessels since they have been 

fishing under the 2007 seasonal closure 

which would be lifted, thus, allowing for a 

32 percent increase over 2007 anticipated 

landings. However, if the overfishing of 

bottomfish in Hawaii is allowed to continue, 

the potential is high for reaching an 

‘‘overfished’’ state in the bottomfish fishery, 

which would require a rebuilding plan under 

which limited or no bottomfish fishing 

would be allowed for an extended period of 

time. An overfished and closed fishery would 

likely result in unquantifiable economic 

losses to all bottomfish fishermen, associated 

businesses, and local fish markets and 

restaurants. Over time, some of these losses 

may be stemmed as fishers switch to other 

fisheries, and fish markets and restaurants 

secure other sources of fish such as imports 

and catch from the NWHI. 

For alternative 2, based on historical MHI 

landings, it is estimated that a May through 

September closure of the MHI Deep 7 

bottomfish fishery would result in up to a 

25.3 percent reduction in commercial 

landings of the Deep 7 species as compared 

to the 2004 baseline identical to the 2007–

2008 fishery under the interim closure. 

Although fishery participants may increase 

their fishing during the open season, given 

that summer months have historically been a 

time of lower bottomfish fishing activity 

significant increases in effort during the open 

season are unlikely. The summer closure 

reduces the availability of ‘‘high end’’ fresh 

bottomfish to the local markets leading to an 

increased reliance on imported bottomfish 

during the closed season. This could have 

negative impacts on the entire commercial 

fishery sector because market channels for 

fresh MHI Deep 7 bottomfish would be lost 

and may have to be regained each year. 

Under alternative 3, the requirement to 

count both commercial and non-commercial 

harvest toward a future TAC could yield 

substantially adverse economic impact to 

individual vessels as discussed above for the 

preferred alternative. If the TAC is reached, 

these alternatives could lead to an increased 

reliance on NWHI bottomfish until this 

fishery is closed in 2011 and on increased 

imports of bottomfish. An increased reliance 

on imported bottomfish would be anticipated 

to have negative impacts on the entire 

commercial fishery sector as market channels 

for fresh MHI bottomfish would be lost and 

have to be regained each year. Commercial 

fishery participants may be differentially 

impacted depending on their ability and 

willingness to ‘‘race to the fish’’ and some 

may upgrade their vessels (e.g., buy larger 

vessels or more powerful engines for existing 

vessels) or fish during adverse weather in 

order to achieve high catches before the TAC 

is reached. These responses would be 

anticipated to result in over-capitalization 

(i.e., otherwise unnecessary investments to 

upgrade vessels) of the fishery and threats to 

the safety of fishery participants. The relative 

importance of MHI Deep 7 species 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 have 

not been examined to date. 

Alternatives 4 through 6 contemplate a 

TAC with non-commercial bag limits 

managed by the State of Hawaii. The impact 

of these alternatives would be similar to the 

impact of the preferred alternative for the 

2007–2008 fishery prior to a co-mingling of 

the commercial and non-commercial harvest. 

However, alternatives 5 and 6 which 

introduce limited access and IFQs, 

respectively, could mitigate problems 

associated with common property resources 

as discussed above for alternative 3. 


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6106 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Proposed Rules 

Ceasing of Business Operations 

As discussed above, the co-mingling of 

commercial and non-commercial harvest to 

be measured against one TAC for the entire 

fishery could result in substantial economic 

loss to commercial fishers. This could 

conceivably cause some vessels to cease 

business operations. To address this, NMFS 

will complete a new RFA prior to 

implementation of the 2008–2009 TAC. 

This proposed rule contains 

collection-of-information requirements 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). These requirements (permit 

requirements under OMB No. 0648 

0490, and data collection requirements 

under OMB No. 0648–0214) have been 

submitted to OMB for approval. 

The proposed rule would require that 

all non-commercial, i.e., recreational 

and subsistence, fishermen who for any 

bottomfish management unit in Federal 

waters around Hawaii to obtain permits. 

Permit eligibility would not be 

restricted in any way, and permits 

would be renewable on an annual basis. 

NMFS anticipates that initial permit 

applications would require 0.5 hours 

per applicant, with renewals requiring 

an additional 0.5 hours annually. NMFS 

estimates that it may receive and 

process up to 800–5,000 permit 

applications each year. Thus, the total 

collection-of-information burden to 

fishermen for permit applications is 

estimated at 400–2,500 hours per year. 

The cost for Federal permits has not 

been determined but would represent 

only the administrative cost and is 

anticipated to be less than $80 per 

permit. 

The proposed rule would also require 

either the vessel operator or the vessel 

owner to submit a catch report for every 

trip. The estimated time required for 

completing Federal catch reports is 

approximately 20 minutes per vessel per 

fishing trip. Only one logbook report per 

trip is required and, estimating that 800 

to 1,800 vessels would make 10 to 50 

trips per year and average 1 day per trip, 

the program would generate in the range 

of 8,000 to 90,000 daily fishing logbooks 

per year. Thus, the total collection-ofinformation burden estimate for fishing 

data reporting would be 2,664 to 29,970 

hours per year. 

Public comment is sought regarding: 

whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to William L. 

Robinson (see ADDRESSES), and by email 

to DavidlRostker@omb.eop.gov or by 

fax to 202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

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: January 28, 2008. 

John Oliver, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 665 is proposed 

to be amended as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

l. The authority citation for part 665 

continues to read as follows: 

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

2. In subpart A, add a new § 665.4 to 

read as follows: 

§ 665.4 Licensing and registration. 

Any person who is required to do so 

by applicable state law or regulation 

must comply with licensing and 

registration requirements in the exact 

manner required by applicable state law 

or regulation. 

3. In § 665.12, revise the definitions of 

‘‘Commercial fishing’’, ‘‘Fishing year’’, 

and ‘‘Trap’’, and add the definitions for 

‘‘Hawaii Restricted Bottomfish Species 

Fishing Year 2007–08’’, ‘‘Hawaii 

Restricted Bottomfish Species Fishing 

Year 2008–09 and After’’, ‘‘Main 

Hawaiian Islands non-commercial 

bottomfish permit’’, and ‘‘Noncommercial fishing’’, in alphabetical 

order to read as follows: 

§ 665.12 Definitions. 

* * * * * 

Commercial fishing means fishing in 

which the fish harvested, either in 

whole or in part, are intended to enter 

commerce or enter commerce through 

sale, barter, or trade. All lobster fishing 

in Crustaceans Permit Area 1 is 

considered commercial fishing. 

* * * * * 

Fishing year means the year beginning 

at 0001 local time on January 1 and 

ending at 2400 local time on December 

31, with the exception of fishing for 

Hawaii Restricted Bottomfish Species. 

* * * * * 

Hawaii restricted bottomfish species 

fishing year 2007–08 means the year 

beginning at 0001 HST on October 1, 

2007, and ending at 2400 HST on April 

30, 2008. 

Hawaii restricted bottomfish species 

fishing year 2008–09 and After means 

the year beginning at 0001 HST on 

September 1 and ending at 2400 HST on 

August 31 of the next calendar year. 

* * * * * 

Main Hawaiian Islands NonCommercial Bottomfish Fishing Permit 

means the permit required by 

§ 665.61(a)(4) to own or fish from a 

vessel that is used in any noncommercial vessel-based fishing, 

landing, or transshipment of any 

bottomfish management unit species in 

the Main Hawaiian Islands Management 

Subarea. If any fish harvested, either in 

whole or in part, are intended to enter 

commerce or enter commerce through 

sale, barter, or trade, by any participants 

on a vessel-based fishing trip under this 

section, the entire trip is considered to 

be a commercial trip. 

Non-commercial fishing means 

fishing that does not meet the definition 

of commercial fishing. 

* * * * * 

Trap means a box-like device used for 

catching and holding lobsters or fish. 

* * * * * 

4. In § 665.13, revise paragraph (g)(2) 

to read as follows: 

§ 665.13 Permits and fees. 

* * * * * 

(g) * * * 

(2) Permits issued under subpart E of 

this part expire at 2400 HST on 

December 31 with the exception of Main 

Hawaiian Islands Non-Commercial 

Bottomfish Fishing Permits, which 

expire at 2400 HST on August 31. 

* * * * * 

5. In § 665.14, revise paragraph (a) to 

read as follows: 

§ 665.14 Reporting and recordkeeping. 

(a) Fishing record forms. (1) 

Applicability. The operator of any 

fishing vessel subject to the 

requirements of §§ 665.21, 665.41, 

665.61(a)(2), 665.61(a)(3), 665.61(a)(4), 

665.81, or 665.602 must maintain on 

board the vessel an accurate and 

complete record of catch, effort, and 


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other data on paper report forms 

provided by the Regional Administrator, 

or electronically as specified and 

approved by the Regional 

Administrator. All information specified 

by the Regional Administrator must be 

recorded on paper or electronically 

within 24 hours after the completion of 

each fishing day. The logbook 

information, reported on paper or 

electronically, for each day of the 

fishing trip must be signed and dated or 

otherwise authenticated by the vessel 

operator in the manner determined by 

the Regional Administrator, and be 

submitted or transmitted via an 

approved method as specified by the 

Regional Administrator, and as required 

by this paragraph (a). 

(2) Timeliness of submission. (i) If 

fishing was authorized under a permit 

pursuant to §§ 665.21, 665.41, 

665.61(a)(3), 665.61(a)(4), or 665.81, the 

original logbook form for each day of the 

fishing trip must be submitted to the 

Regional Administrator within 72 hours 

of the end of each fishing trip, except as 

allowed in paragraphs (ii) and (iii) of 

this section. 

(ii) If fishing was authorized under a 

PRIA bottomfish permit pursuant to 

§ 665.61(a)(2), PRIA pelagic troll and 

handline permit pursuant to § 665.21(f), 

crustaceans fishing permit for the PRIA 

(Permit Area 4) pursuant to § 665.41, or 

a precious corals fishing permit for 

Permit Area X-P-PI pursuant to § 665.81, 

the original logbook form for each day 

of fishing within the PRIA EEZ waters 

must be submitted to the Regional 

Administrator within 30 days of the end 

of each fishing trip. 

(iii) If fishing was authorized under a 

permit pursuant to § 665.602, the 

original logbook information for each 

day of fishing must be submitted to the 

Regional Administrator within 30 days 

of the end of each fishing trip. 

* * * * * 

6. In § 665.61, revise paragraphs (a)(1) 

though (a)(4) to read as follows: 

§ 665.61 Bottomfish. 

(a) Applicability. (1) Northwestern 

Hawaiian Islands (NWHI). The owner of 

any vessel used to fish for, land, or 

transship bottomfish management unit 

species shoreward of the outer boundary 

of the Northwestern Hawaiian Islands 

subarea must have a permit issued 

under this section, and the permit must 

be registered for use with that vessel. 

The PIRO will not register a single 

vessel for use with a Ho’omalu Zone 

permit and a Mau Zone permit at the 

same time. Mau Zone permits issued 

before June 14, 1999, become invalid 

June 14, 1999, except that a permit 

issued to a person who submitted a 

timely application under paragraph (i) 

of this section is valid until the permit 

holder either receives a Mau Zone 

limited entry permit or until final 

agency action is taken on the permit 

holder’s application. The Ho’omalu 

Zone and the Mau Zone limited entry 

systems described in this section are 

subject to abolition, modification, or 

additional effort limitation programs. 

(2) Pacific Remote Island Areas 

(PRIA). The owner of any vessel used to 

fish for, land, or transship bottomfish 

management unit species shoreward of 

the outer boundary of the Pacific 

Remote Island Areas subarea must have 

a permit issued under this section, and 

the permit must be registered for use 

with that vessel. 

(3) Guam large vessel. The owner of 

any large vessel used to fish for, land, 

or transship bottomfish management 

unit species shoreward of the outer 

boundary of the Guam subarea must 

have a permit issued under this section, 

and the permit must be registered for 

use with that vessel. 

(4) Main Hawaiian Islands noncommercial. Any person who 

participates in non-commercial, vesselbased fishing, landing, or transshipment 

of bottomfish management unit species 

in the Main Hawaiian Islands 

Management Subarea is required to 

obtain a permit issued under this 

section or a State of Hawaii Commercial 

Marine License. If any commercial 

fishing occurs during or as a result of a 

vessel-based fishing trip under this 

section, then the fishing trip is 

considered commercial and not noncommercial. 

* * * * * 

7. In § 665.62, add new paragraphs (j) 

through (n), as follows: 

§ 665.62 Prohibitions. 

* * * * * 

(j) Falsify or fail to make or file 

reports of all fishing activities 

shoreward of outer boundary of the 

Main Hawaiian Islands Management 

Subarea, in violation of §§ 665.3 or 

665.14(a). 

(k) Own a vessel or fish from a vessel, 

that is used to fish non-commercially for 

any bottomfish management unit 

species in the Main Hawaiian Islands 

Management Subarea without either a 

Main Hawaiian Islands non-commercial 

bottomfish permit or a State of Hawaii 

Commercial Marine License, in 

violation of §§ 665.4 or 665.61(a)(4). 

(l) Fish for or possess any Hawaii 

Restricted Bottomfish Species as 

specified in § 665.71, in the Main 

Hawaiian Islands Management Subarea 

after a closure of the fishery, in violation 

of §§ 665.72 or 665.73. 

(m) Sell or offer for sale any Hawaii 

Restricted Bottomfish Species, as 

specified in § 665.71, after a closure of 

the fishery, in violation of §§ 665.72 or 

665.73. 

(n) Use a vessel to harvest, retain, or 

land more than a total of five fish (all 

species combined) identified as Hawaii 

Restricted Bottomfish Species in 

§ 665.71 by any individual participating 

in a vessel-based non-commercial 

fishing trip in the Main Hawaiian 

Islands Management Subarea in 

violation of § 665.74. 

8. In subpart E, add a new § 665.71 to 

read as follows: 

§ 665.71 Hawaii restricted bottomfish 

species. 

Hawaii restricted bottomfish species 

means the following species: 

Common Name Common 

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 Hapu’upu’u Epinephelus quernus.


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6108 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Proposed Rules 

9. In subpart E, add a new § 665.72 to 

read as follows: 

§ 665.72 Total Allowable Catch (TAC) limit. 

(a) TAC limits will be set annually for 

the fishing year by NMFS, as 

recommended by the Council, based on 

the best available scientific, commercial, 

and other information, and taking into 

account the associated risk of 

overfishing. 

(b) The Regional Administrator shall 

publish a notice indicating the annual 

Total Allowable Catch limit in the 

Federal Register by August 31 of each 

year, and shall use other means to notify 

permit holders of the TAC limit for the 

year. 

(c) When the TAC limit specified in 

this section is reached, or projected to 

be reached based on analyses of 

available information, the Regional 

Administrator shall publish a notice to 

that effect in the Federal Register and 

shall use other means to notify permit 

holders. The notice will include an 

advisement that the fishery will be 

closed beginning at a specified date, 

which is not earlier than 14 days after 

the date of filing the closure notice for 

public inspection at the Office of the 

Federal Register, until the end of the 

fishing year in which the TAC is 

reached. 

(d) On and after the date specified in 

§ 665.72(c), no person may fish for or 

possess any Hawaii Restricted 

Bottomfish Species, as specified in 

§ 665.71, in the Main Hawaiian Islands 

Management Subarea, except as 

otherwise allowed by law. 

(e) On and after the date specified in 

§ 665.72(c), Hawaii Restricted 

Bottomfish Species, as specified in 

§ 665.71, harvested from the Main 

Hawaiian Islands Management Subarea, 

may not be harvested commercially. 

(f) The Hawaii restricted bottomfish 

species TAC limit for the 2007–08 

fishing year is 178,000 lb (80,740 kg). 

10. In subpart E, add a new § 665.73 

to read as follows: 

§ 665.73 Closed seasons. 

(a) All fishing for, or possession of, 

any Hawaii Restricted Bottomfish 

Species as specified in § 665.71, is 

prohibited in the Main Hawaiian Islands 

Management Subarea during May 1, 

2008, through August 31, 2008, 

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 Restricted Bottomfish 

Species, as specified in § 665.71, may 

not be sold or offered for sale during 

May 1, 2008, through August 31, 2008, 

inclusive, except as otherwise 

authorized by law. 

(c) Fishing for, and the resultant 

possession or sale of, Hawaii Restricted 

Bottomfish Species by vessels legally 

registered to Mau Zone, Ho’omalu Zone, 

or PRIA bottomfish fishing permits and 

conducted in compliance with all other 

laws and regulations, is exempted from 

paragraphs (a) and (b) of this section. 

11. Under subpart E, add a new 

§ 665.74 to read as follows: 

§ 665.74 Non-commercial bag limits. 

No more than a total of five fish of all 

species combined, identified as Hawaii 

Restricted Bottomfish Species as 

specified in § 665.71, may be harvested, 

possessed, or landed by any individual 

participating in a vessel-based noncommercial fishing trip in the Main 

Hawaiian Islands Management Subarea. 

[FR Doc. E8–1900 Filed 1–31–08; 8:45 am] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with PROPOSALS