[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Proposed Rules]
[Pages 52921-52923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21537]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 100618274-0377-01]
RIN 0648-AY92


Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount 
Groundfish; Management Measures for Hancock Seamounts to Rebuild 
Overfished Armorhead

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would continue a moratorium on fishing for 
bottomfish and seamount groundfish at the Hancock Seamounts until the 
overfished U.S. stock of pelagic armorhead (Pseudopentaceros wheeleri) 
is rebuilt. This proposed rule would also reclassify the management 
area around the Hancock Seamounts as an ecosystem management area. The 
intent of the continued moratorium is to facilitate rebuilding of the 
armorhead stock, and the intent of the ecosystem management area is to 
facilitate research on armorhead and other seamount groundfish.

DATES: Comments on the amendment must be received by October 14, 2010.

ADDRESSES: Comments on the proposed rule, identified by 0648-AY92, may 
be sent to either of the following addresses:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
    <bullet> Mail: Mail written comments to Michael D. Tosatto, Acting 
Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 
Kapiolani Blvd, Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments must be submitted to one of these two 
addresses to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent to any other address or individual, 
or received after the end of the comment period, may not be considered. 
Comments will be posted for public viewing after thecomment period has 
closed. 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 ``NA'' 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.
    Amendment 2 to the Fishery Ecosystem Plan for the Hawaiian 
Archipelago contains an environmental assessment and background 
information, and is available from www.regulations.gov and from the 
Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-
8220, fax 808-522-8226, or web site www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable 
Fisheries, 808-944-2108.

SUPPLEMENTARY INFORMATION: This document is also available at 
www.gpoaccess.gov/fr.
    Fishing for pelagic armorhead is managed under the Fishery 
Ecosystem Plan for the Hawaiian Archipelago (FEP). Armorhead are 
overfished as a result of over-exploitation by foreign vessels in 
international waters, dating back to at least the 1970s. Although there 
has never been a U.S. fishery targeting this fish, continued 
exploitation outside the U.S. Exclusive Economic Zone (EEZ) by foreign 
fleets has kept the stock in an overfished condition.
    The Hancock Seamounts are the only known armorhead habitat within 
the EEZ. These seamounts lie west of 180[deg] W. and north of 28[deg] 
N., to the northwest of Kure Atoll in the Northwestern Hawaiian 
Islands. The Council and NMFS have responded to the overfished 
condition of armorhead with a series of four, 6-year domestic fishing 
moratoria at the Hancock Seamounts, beginning in 1986. The current 6-
year moratorium expires on August 31, 2010. Although there would be a 
short time period between the expiration of the current moratorium and 
implementation of this rule, if approved, the likelihood of a new 
Hawaii-based domestic armorhead fishery developing is discountable. The 
Hancock Seamounts are a relatively small and isolated fishing area, and 
the costs of starting up fishing operations to enter this fishery would 
be prohibitive relative to the potential fishing yield during the very 
short time that the area would be open. Additionally, existing domestic 
North Pacific trawl vessels would not be allowed to fish at Hancock 
Seamounts because trawls are prohibited fishing gear in the U.S. 
Pacific Islands.
    From July 2009 to August 2010, the Council developed Amendment 2 to 
the Hawaii FEP to rebuild the armorhead stock pursuant to the Magnuson-
Stevens Act; the amendment is currently undergoing Secretarial review 
(75 FR 51237, August 19, 2010). The Council recommended in Amendment 2 
that NMFS establish a minimum rebuilding time of 35 years for the U.S. 
portion of the armorhead stock. The Council also recommended that NMFS 
classify the portion of the EEZ surrounding the Hancock Seamounts as an 
ecosystem management area, and extend the moratorium at Hancock 
Seamounts until the stock is rebuilt. In response to these 
recommendations, NMFS developed this proposed rule to implement the 
latter two recommendations.
    The Council and NMFS recognize that, because less than five percent 
of the armorhead habitat lies within U.S. jurisdiction, rebuilding of 
the stock must be accomplished through coordinated international 
management. Nonetheless, a prohibition on all armorhead catches in U.S. 
waters would provide the maximum protection available for armorhead 
stocks in U.S. waters.
    The current moratorium applies to all bottomfish and seamount 
groundfish, and the proposed moratorium would continue to do so. While 
only armorhead are overfished, other bottomfish and seamount groundfish 
are caught with the same gear type as armorhead. Opening the Hancock 
Seamount fishery to non-armorhead fish would increase the likelihood of 
incidental catches of armorhead, resulting in possible delays to 
rebuilding the stock. In addition, the fishing gear (anchors, weighted 
lines, and hooks) used to target non-armorhead fish, or lost on fishing

[[Page 52922]]

grounds, has the potential to impact armorhead essential fish habitat 
and habitat areas of particular concern. For these reasons, all 
bottomfish and seamount groundfish have been included in past fishing 
moratoria at Hancock Seamounts, and are also included in this proposed 
rule.
    NMFS anticipates that further research will be necessary for the 
Regional Administrator to determine when armorhead stocks are rebuilt 
and could support a domestic fishery. Specifically, research must be 
conducted to obtain better information about armorhead life history, 
ecological information such as food-web dynamics and essential fish 
habitat, population dynamics, and fishery-independent information at 
the population level. Additionally, the Council has identified the need 
for habitat mapping and characterization, and fish distribution and 
abundance by habitat types. This information is necessary to determine 
whether the status of the stock could support a domestic fishery at 
Hancock Seamounts in the future.
    Classifying the portion of the EEZ around the Hancock Seamounts as 
an ecosystem management area would acknowledge the significance of the 
area as a monitoring and research site for ecological studies on 
armorhead and other bottomfish and seamount groundfish and their 
associated benthic habitats. The ecosystem management area would also 
serve as the area in which the maximum U.S. contribution to rebuilding 
of the armorhead stock would occur. Hancock Seamounts could also serve 
as a control site for future research that assesses the effectiveness 
of management actions being considered by other nations and regional 
fishery management organizations, such as seasonal closures and bank-
specific closures in international waters adjacent to Hancock 
Seamounts.
    Additional information and analyses may be found in Amendment 2, 
available from the Council (see ADDRESSES).
    To be considered, comments on this proposed rule must be received 
by October 14, 2010, not postmarked or otherwise transmitted by that 
date.

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 fishery ecosystem plan for Hawaii, other provisions 
of the Magnuson-Stevens Act, and other applicable laws, subject to 
further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The analysis follows:
    Pelagic armorhead (Pseudopentaceros wheeleri) is a management 
unit species under the Fishery Ecosystem Plan for the Hawaiian 
Archipelago. Armorhead are overfished as a result of over-
exploitation by foreign vessels in international waters. There has 
never been a U.S. fishery targeting this fish, but continued 
exploitation by foreign fleets has kept the stock in an overfished 
condition. The Western Pacific Fishery Management Council (Council) 
and National Marine Fisheries Service (NMFS) have responded to the 
overfished condition of armorhead with a series of four, 6-year 
domestic fishing moratoria, beginning in 1986, around the Hancock 
Seamounts. These seamounts are the only known armorhead habitat in 
the U.S. Exclusive Economic Zone (EEZ). The current 6-year 
moratorium expires on August 31, 2010.
    The Council developed Amendment 2 to the Hawaii fishery 
ecosystem plan to establish rebuilding requirements pursuant to 
Magnuson-Stevens Act section 304(e)(4). Amendment 2 would: (1) 
continue a moratorium on fishing for armorhead and other bottomfish 
and seamount groundfish until the armorhead stock is rebuilt; (2) 
establish a minimum rebuilding time of 35 years for the U.S. portion 
of the armorhead stock; and (3) classify the portion of the EEZ 
around the Hancock Seamounts as an ecosystem management area.
    The fishing moratorium continues to apply to all bottomfish and 
seamount groundfish. While only armorhead are overfished, other 
bottomfish and seamount groundfish are caught with the same gear 
type as armorhead. Thus, opening the fishery to non-armorhead fish 
increases the likelihood of incidental catches of armorhead, 
resulting in possible delays to rebuilding the stock. In addition, 
the fishing gear (anchors, weighted lines, and hooks) used to target 
non-armorhead fish, or lost on fishing grounds, may impact armorhead 
essential fish habitat and habitat areas of particular concern. For 
these reasons, all bottomfish and seamount groundfish have been 
included in the fishing moratoriums at Hancock Seamounts in the 
past, and are also included in this action. The intent of the 
continued moratorium and minimum rebuilding time is to facilitate 
rebuilding of the armorhead stock, and the intent of the ecosystem 
management area is to facilitate research on armorhead and other 
seamount groundfish. A description of the action, why it is being 
considered, and the legal basis for this action are contained in the 
preamble to this proposed rule.
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules. All fishing vessels having the potential to 
participate in this fishery are considered to be small entities 
under the current Small Business Administration definition of small 
fish-harvesting businesses (gross receipts not in excess of $ 4.0 
million). There are no additional small entities that could be 
affected by this proposed rulemaking.
    There has never been any U.S. fishery at Hancock Seamounts, nor 
has there been any recent interest in starting one, so this proposed 
rule would not affect the profitability of fishing businesses under 
Federal management. Therefore, there are no disproportionate 
economic impacts from this proposed rule based on home port, gear 
type, or relative vessel size. For these reasons, pursuant to 
section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), 
it has been determined that this proposed rule will not have a 
significant economic impact on a substantial number of small 
entities, based on the pre-existing status of U.S. fishery for 
armorhead and other bottomfish and seamount groundfish at Hancock 
Seamounts.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 665

    Armorhead, Bottomfish, Fisheries, Fishing, Hancock Seamounts, 
Hawaii, Seamount groundfish.

    Dated: August 24, 2010.
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 
proposed to be amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

    1. The authority citation for part 665 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  665.202, revise paragraph (a)(3) to read as follows:


Sec.  665.202  Management subareas.

* * * * *
    (3) Hancock Seamounts Ecosystem Management Area means that portion 
of the EEZ in the Northwestern Hawaiian Islands west of 180[deg] W. 
long. and north of 28[deg] N. lat.
* * * * *
    3. In Sec.  665.204, add new paragraph (k) to read as follows:


Sec.  665.204  Prohibitions.

* * * * *
    (k) Fish for or possess any Hawaii bottomfish or seamount 
groundfish MUS in the Hancock Seamounts Ecosystem Management Area, in 
violation of Sec.  665.209.
    4. Revise Sec.  665.209 to read as follows:

[[Page 52923]]

Sec.  665.209  Fishing moratorium at Hancock Seamounts.

    Fishing for, and possession of, Hawaii bottomfish and seamount 
groundfish MUS in the Hancock Seamounts Ecosystem Management Area is 
prohibited until the Regional Administrator determines that the 
armorhead stock is rebuilt.
[FR Doc. 2010-21537 Filed 8-27-10; 8:45 am]
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