50572 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Rules and Regulations 

collection of information subject to the 

Paperwork Reduction Act that does not 

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The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–19883 Filed 8–26–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No.0808191118–81120–01] 

RIN 0648–AX19 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Main Hawaiian Islands 

Bottomfish; Delay of Fishery Opening 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule for emergency 

action; delay of fishery opening; request 

for comments. 

SUMMARY: NMFS is delaying until 

November 15, 2008, the opening of the 

commercial and non-commercial 

fisheries in the main Hawaiian Islands 

(MHI) for seven deepwater bottomfish 

species (‘‘Deep 7’’ bottomfish). This 

emergency rule to delay the fishery 

opening is necessary to prevent 

overfishing and ensure that regulations 

specifying the total allowable catch 

(TAC) are based on the best available 

scientific information. This emergency 

rule is also necessary to complement 

State of Hawaii regulations that will 

delay the opening of the fishery in State 

waters, thereby preventing confusion by 

the public caused by conflicting Federal 

and State regulations, and minimizing 

any resulting enforcement difficulties 

for the State. 

DATES: This emergency rule is effective 

August 22, 2008 through November 14, 

2008. 

Comments on this emergency rule 

must be received by September 11, 

2008. 

ADDRESSES: Comments on this rule, 

identified by 0648–AX19, 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: Mail written comments to 

William L. Robinson, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd, Suite 

1110, Honolulu, HI 96814–4700. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the commenter may be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields, if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, 808–944–2271. 

SUPPLEMENTARY INFORMATION: The 

bottomfish fishery in Federal waters 

around Hawaii is managed under the 

Fishery Management Plan for 

Bottomfish and Seamount Groundfish 

Fisheries of the Western Pacific Region 

(Bottomfish FMP), 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). Regulations 

governing bottomfish fishing by U.S. 

vessels in accordance with the 

Bottomfish FMP appear at 50 CFR part 

665 and at subpart H of 50 CFR part 600. 

On April 4, 2008, NMFS published a 

final rule (73 FR 18457) that 

implemented Amendment 14 to the 

Bottomfish FMP to end the overfishing 

of bottomfish in the Hawaiian 

Archipelago. The regulations 

established by Amendment 14 at 

§ 665.72 authorize NMFS to set an 

annual TAC limit for Deep 7 bottomfish, 

as recommended by the Council and 

based on the best available scientific, 

commercial, and other information, and 

taking into account the associated risk 

of overfishing. The Deep 7 bottomfish 

are onaga (Etelis coruscans), ehu (E. 

carbunculus), gindai (Pristipomoides 

zonatus), kalekale (P. sieboldii), 

opakapaka (P. filamentosus), lehi 

(Aphareus rutilans), and hapu’upu’u 

(Epinephelus quernus). The fishery is 

monitored using information reported 

by holders of State commercial marine 

licenses (State CML) through monthly 

catch reports submitted to the State. 

Beginning with the 2008–09 MHI 

bottomfish fishing year, fish catch and 

effort information from non-commercial 

fishermen who fish for bottomfish in 

Federal waters around Hawaii are 

obtained through a Federal logbook 

program administered by NMFS. This 

information is used in combination with 

the State catch reports to monitor the 

annual TAC. 

When the TAC for the year is 

projected to be reached, NMFS is 

required to publish notification that the 

fishery will be closed beginning on a 

specified date until the end of the 

fishing year in which the TAC is 

reached. During the closure, no person 

may fish for, possess, or sell any Deep 

7 bottomfish in the MHI, except as 

otherwise authorized by law. 

Specifically, fishing for, and the 

resultant possession or sale of, Deep 7 

bottomfish by vessels legally registered 

to Mau Zone, Ho omalu Zone, or Pacific 

Remote Island Areas bottomfish fishing 

permits, and conducted in compliance 

with all other laws and regulations, are 

not affected by the closure. There is no 

prohibition on fishing for or selling 

other non-Deep 7 bottomfish species 

throughout the year. 

For the 2007–08 fishing year, the TAC 

was established by the Council at 

178,000 lb (80,739 kg) (73 FR 18718, 

April 7, 2008). Monitoring of the fishery 

indicated that the MHI bottomfish 

fishery harvested the TAC in April 

2008. In accordance with regulation 

§ 665.72, and as a result of reaching the 

TAC, NMFS published a temporary rule 

closing the fishery on April 16, 2008 

(April 7, 2008; 73 FR 18717), and a 

related correction notice (73 FR 20001; 

April 14, 2008). The fishery is 

scheduled to reopen on September 1, 

2008, the date the temporary rule 

expires. 

The Council held its 142nd meeting 

in Honolulu in June 2008. At that 

meeting, the Council learned that 

additional data had been obtained for 

the fishery and that the new data were 

integral to the analysis by NMFS to 

update the bottomfish stock assessment. 

An updated stock assessment provides 

the best scientific basis upon which the 

Council can make its recommendation 

on a TAC. Inasmuch as an updated 

bottomfish stock assessment was not 

available at the June meeting, the 

Council was not able to recommend a 

TAC in accordance with the best 

scientific information available, as 

required by regulation § 665.72(a) and 

Magnuson-Stevens Act National 

Standard 2. The new stock assessment 

is to be available before the Council’s 

next meeting in October 2008. 


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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Rules and Regulations 50573 

Accordingly, the Council, by majority 

vote, recommended that NMFS delay 

the opening of the fishery until 

November 15, 2008. 

NMFS has been informed that the 

State will be taking action to extend the 

temporary closure to bottomfish fishing 

in State waters around the MHI from 

August 31 until November 14, 2008, and 

is expecting NMFS to do the same for 

Federal waters. 

This delay in opening the fishery is 

necessary to prevent overfishing of 

Hawaiian bottomfish. From 1990–2004, 

annual commercial landings of Deep 7 

bottomfish caught in Federal waters of 

the MHI ranged from approximately 

29,000 to 81,000 lb (13,154 to 36,741 

kg). The catch during September and 

October of each year during the same 

period ranged from 27,000 to 62,000 lb 

(12,247 to 28,123 kg), representing 13 to 

24 percent of the Deep 7 species landed 

annually by commercial fishermen from 

Federal waters. 

The potential contribution of the 

catch from Federal waters to overfishing 

of Hawaiian bottomfish is clear when 

one considers the relative portion of 

landings from Federal waters to the total 

Deep 7 bottomfish landings from both 

State and Federal waters. Annually, the 

landings from Federal waters during 

1990–2004 comprised 12 to 25 percent 

of the total MHI landings. September 

landings from Federal waters made up 

6 to 24 percent of the MHI total, and 

October landings comprised 10 to 28 

percent of the total. Non-commercial 

landings of Deep 7 bottomfish are 

currently unknown, but they certainly 

add to the mortality of Deep 7 

bottomfish, and are believed to be 

substantial. 

Thus, in the absence of a TAC, any 

fishing for Deep 7 bottomfish during 

September and October could 

potentially worsen overfishing in the 

MHI. The delay in opening the fishery 

is necessary to prevent overfishing in, 

and preserve sustainable management 

of, the bottomfish fishery, based on the 

best scientific information available. 

Without the emergency rule to delay the 

opening, a TAC cannot be published 

that would be consistent with 

Magnuson-Stevens Act National 

Standard 1 (preventing overfishing) and 

National Standard 2 (being based on the 

best available scientific information). To 

allow the fishery to open without a TAC 

would, moreover, be contrary to existing 

management regulations intended to 

end bottomfish overfishing, create 

extreme confusion among the public, 

and affect the joint effort of the Council, 

NMFS, and the State in addressing the 

overfishing condition of bottomfish 

complex in the MHI. In addition, the 

inconsistency between State and 

Federal regulations would seriously 

compromise the State’s enforcement 

abilities to extend the closure of the 

Deep 7 bottomfish fishery in State 

waters until mid-November 2008. 

Classification 

NMFS is developing an 

environmental assessment (EA) for a 

proposed and final rule on TAC 

alternatives for the 2008–09 fishing 

year. The EA will be made available to 

the public for comment before the 

Council’s meeting in October 2008, with 

sufficient time for the public comments 

to be considered by the Council, prior 

to the Council recommending a TAC for 

the 2008–09 fishing year, and in 

conjunction with the updated stock 

assessment. 

Pursuant to authority set forth at 

U.S.C. 553(b)(B), the Assistant 

Administrator Fisheries, NOAA, (AA) 

finds it is contrary to the public interest 

to provide for prior notice and an 

opportunity for public comment. 

Fishing for Deep 7 bottomfish without 

an established TAC could worsen 

overfishing in the MHI. A TAC cannot 

be published that would be consistent 

with Magnuson-Stevens Act National 

Standards 1 and 2, so the emergency 

rule is necessary to delay the opening of 

the fishery from September 1, 2008, to 

November 15, 2008. Fishery statistics 

indicate that the amount of bottomfish 

harvested in Federal waters, alone, 

during September and October could 

reach 50 percent of the previous TAC. 

Based on preliminary information, the 

TAC for the 2008–09 fishing year may 

be reduced, and if fishing continues at 

historical levels during September and 

October on a much-reduced TAC, 

overfishing is likely to result, absent a 

delay of the opening. 

Similarly, the need to implement 

these measures in a timely manner to 

delay of the opening of the Deep 7 

bottomfish fishery to prevent 

overfishing, reduce confusion among 

the public, and minimize inconsistency 

between State and Federal regulations, 

constitutes good cause under authority 

contained in 5 U.S.C. 553(d)(3) to waive 

the 30–day delay in effective date. The 

impact to fishermen of this temporary 

closure is minimal because closing the 

fishery upon reaching the TAC is 

intended to benefit the fishery by 

ending overfishing and providing 

sustainable bottomfish resources. 

Bottomfish fishermen typically fish for 

non-Deep 7 bottomfish (in addition to 

the Deep 7 bottomfish that is 

temporarily closed) and also participate 

in troll fishing for pelagic species. These 

other fisheries are not affected by the 

closure, so fishermen are provided 

alternative fishery opportunities during 

the closure for Deep 7 bottomfish. 

Accordingly, this emergency 

temporary rule will be effective upon 

filing for publication at the Office of the 

Federal Register. Public comments on 

the emergency closure will be accepted 

for 15 days after publication of this 

emergency rule in the Federal Register. 

Pursuant to the authority set 

contained in 5 U.S.C. 603, this 

emergency rule is exempt from the 

procedures of the Regulatory Flexibility 

Act because the rule is issued without 

opportunity for prior notice and 

opportunity for public comment. 

Accordingly, no regulatory flexibility 

analysis is required, and none was 

prepared. 

This emergency rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

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: August 22, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, 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, suspend paragraphs (l) 

and (m) and add paragraphs (o) and(p) 

to read as follows: 

§ 665.62 Prohibitions. 

* * * * * 

(o) 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, 665.74, or 665.75. 

(p) 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, 

665.74, or 665.75. 

■ 3. Under subpart E, add a new 

§ 665.75 to read as follows: 

§ 665.75 Closed season. 

(a) All fishing for, or possession of, 

any Hawaii Restricted Bottomfish 


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50574 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Rules and Regulations 

Species as specified in § 665.71, is 

prohibited in the Main Hawaiian Islands 

Management Subarea during September 

1, 2008, through November 14, 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 

September 1, 2008, through November 

14, 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). 

[FR Doc. E8–19870 Filed 8–22–08; 4:15 pm] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with RULES