Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Rules and Regulations 27253 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–XN78 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing the 

commercial and non-commercial 

fisheries in the Main Hawaiian Islands 

fishery for seven deepwater bottomfish 

species (‘‘Deep 7’’ bottomfish) as a result 

of reaching the total allowable catch 

(TAC) for the 2008–09 fishing year. 

DATES: Effective July 6, 2009, through 

August 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, Sustainable Fisheries Division, 

NMFS Pacific Islands Region, 808–944– 

2271. 

SUPPLEMENTARY INFORMATION: 

Bottomfish fishing in 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. Regulations governing 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. 

The regulations at § 665.72 authorize 

NMFS and the Council to set a TAC 

limit for Deep 7 bottomfish for the 

fishing year, 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). 

When the TAC limit for the year is 

projected to be reached, the Regional 

Administrator is required to publish 

notification that the fishery will be 

closed beginning on a specified date, 

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. 

During the closure, no person may fish 

for, possess, or sell any Deep 7 

bottomfish in the Main Hawaiian 

Islands, except as otherwise authorized 

by law. Specifically, fishing for, and the 

resultant possession or sale of, Deep 7 

bottomfish by vessels legally permitted 

to fish in the Mau and Ho omalu Zones 

or Pacific Remote Island Areas, and 

conducted in compliance with all other 

laws and regulations, are not affected by 

this closure. There is no prohibition on 

fishing for or selling non-Deep 7 

bottomfish species throughout the year. 

The TAC limit for the 2008–09 fishing 

year was recommended by the Council, 

and specified by NMFS, as 241,000 lb 

(109,316 kg) of Deep 7 bottomfish (74 

FR 6998; February 12, 2009). Progress 

toward the 2008–09 TAC is monitored 

using information reported by holders of 

State of Hawaii commercial marine 

licenses through monthly catch reports 

submitted to the State. Based on this 

information, the TAC for the 2008–09 

fishing year is projected to be reached 

on or before July 6, 2009. 

In accordance with § 665.72(c), this 

document serves as advance notification 

to fishermen, the fishing industry, and 

the general public that the Main 

Hawaiian Islands Deep 7 bottomfish 

fishery will be closed from July 6, 2009, 

through the remainder of the fishing 

year. The 2009–10 fishing year is 

scheduled to open on September 1, 

2009. The TAC for the 2009–10 fishing 

year will be published in the Federal 

Register by August 31, 2009. 

This action is required by § 665.72(c) 

and is exempt from review under 

Executive Order 12866. 

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

Dated: June 3, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13500 Filed 6–8–09; 8:45 am] 

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