53606 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

Dated: August 25, 2010. 

Will Shafroth, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2010–21861 Filed 8–31–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 100630283–0388–02] 

RIN 0648–XX15 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; 2010–11 Main Hawaiian 

Islands Bottomfish Total Allowable 

Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final specification. 

SUMMARY: In this rule, NMFS specifies a 

total allowable catch (TAC) of 254,050 

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

the main Hawaiian Islands (MHI) for the 

2010–11 fishing year. The expected 

impact of the TAC is long-term 

sustainability of Hawaii bottomfish. 

DATES: This final specification is 

effective October 1, 2010. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for the Hawaiian 

Archipelago and associated 

Environmental Impact Statement are 

available from the Western Pacific 

Fishery Management Council (Council), 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel 808–522–8220, fax 808– 

522–8226, or www.wpcouncil.org. 

A supplemental environmental 

assessment (EA), was prepared that 

describes the impact of this final 

specification on the human 

environment. Based on the 

environmental impact analysis 

presented in the EA, NMFS prepared a 

finding of no significant impact 

(FONSI). Copies of the EA and FONSI 

are available from www.regulations.gov, 

or Michael D. Tosatto, Acting Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd. 

1110, Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, Sustainable Fisheries 

Division, NMFS PIR, 808–944–2108. 

SUPPLEMENTARY INFORMATION: NMFS 

hereby specifies a TAC of Deep 7 

bottomfish in the MHI for the 2010–11 

fishing year of 254,050 lb (115,235 kg), 

as recommended by the Council, based 

on the best available scientific, 

commercial, and other information, 

taking into account the associated risk 

of overfishing. The MHI Management 

Subarea is the portion of U.S. Exclusive 

Economic Zone around the Hawaiian 

Archipelago lying to the east of 161° 20’ 

W. longitude. The Deep 7 bottomfish are 

onaga (Etelis coruscans), ehu (E. 

carbunculus), gindai (Pristipomoides 

zonatus), kalekale (P. sieboldii), 

opakapaka (P. filamentosus), lehi 

(Aphareus rutilans), and hapuupuu 

(Epinephelus quernus). 

When the TAC is projected to be 

reached, NMFS will close the noncommercial and commercial Deep 7 

bottomfish fisheries until the end of the 

fishing year (August 31, 2010). During a 

fishery closure for Deep 7 bottomfish, 

no person may fish for, possess, or sell 

any of these fish in the MHI, except as 

otherwise authorized by law. 

Specifically, fishing for, and the 

resultant possession or sale of, Deep 7 

bottomfish by vessels legally registered 

to Pacific Remote Island Areas 

bottomfish fishing permits, and 

conducted in compliance with all laws 

and regulations, are not affected by the 

closure. There is no prohibition on 

fishing for or selling other non-Deep 7 

bottomfish species throughout the year. 

All other management measures 

continue to apply in the MHI bottomfish 

fishery. The MHI bottomfish fishery 

reopens on September 1, 2010, and will 

continue until August 31, 2010, unless 

the fishery is closed prior to August 31 

as a result of the TAC being reached. 

Additional background information 

on this final specification may be found 

in the preamble to the proposed 

specification published on August 2, 

2010 (75 FR 45085), and is not repeated 

here. 

Comments and Responses 

On August 2, 2010, NMFS published 

a proposed specification and request for 

public comments on the MHI Deep 7 

bottomfish TAC (75 FR 45085). The 

comment period ended on August 17, 

2010. NMFS did not receive any public 

comments. 

Changes from the Proposed 

Specification 

There are no changes in the final 

specification. 

Classification 

The Regional Administrator, NMFS 

PIR, determined that this final 

specification is necessary for the 

conservation and management of MHI 

bottomfish, and that it is consistent with 

the Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required, and none was prepared. 

This action is exempt from review 

under Executive Order 12866. 

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

Dated: August 27, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–21829 Filed 8–31–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XY62 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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; closures and 

openings. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) by 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to prevent exceeding the 2010 

total allowable catch (TAC) of Atka 

mackerel in these areas by vessels 

participating in the BSAI trawl limited 

access fishery. NMFS is also 

announcing the opening and closing 

dates of the first and second directed 

fisheries within the harvest limit area 

(HLA) in areas 542 and 543. These 

actions are necessary to conduct 

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