[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Page 54715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22591]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 110711384-1534-02]
RIN 0648-XA470
Western Pacific Bottomfish and Seamount Groundfish Fisheries;
2011-12 Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and
Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final specifications.
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SUMMARY: In this rule, NMFS specifies a quota of 325,000 lb of Deep 7
bottomfish in the main Hawaiian Islands for the 2011-12 fishing year,
based on an annual catch limit of 346,000 lb. The expected impact of
this action is long-term sustainability of Hawaii bottomfish.
DATES: The final specifications are effective October 3, 2011.
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 http://www.wpcouncil.org. Copies of the environmental
assessment and finding of no significant impact for this action are
available from http://www.regulations.gov, or Michael D. Tosatto,
Regional Administrator, NMFS Pacific Islands Region (PIR), 1601
Kapiolani Blvd. 1110, Honolulu, HI 96814.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808-944-2108.
SUPPLEMENTARY INFORMATION: On August 3, 2011, NMFS published proposed
specifications that are finalized here, and a request for public
comments (76 FR 46719). Additional background information on this
action is found in the preamble to the proposed specifications, and is
not repeated here.
Through this action, NMFS is specifying a quota (annual catch
target, ACT) of 325,000 lb (147,418 kg) for Deep 7 bottomfish in the
main Hawaiian Islands (MHI) for the 2011-12 fishing year, based on an
annual catch limit (ACL) of 346,000 lb (156,943 kg). The MHI Management
Subarea is the portion of U.S. Exclusive Economic Zone around the
Hawaiian Archipelago lying to the east of 161[deg]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). The Council recommended the quota and ACL based on the best
available scientific, commercial, and other information, taking into
account the associated risk of overfishing.
The MHI bottomfish fishery reopens on September 1, 2011. NMFS will
monitor the fishery, and if the quota is projected to be reached before
August 31, 2012, NMFS will close the non-commercial and commercial
fisheries for Deep 7 bottomfish in Federal waters through August 31,
2012. 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.
Comments and Responses
The comment period for the proposed specifications ended on August
18, 2011. NMFS received no comments, and so is adapting the
specifications unchanged from the proposal.
Changes From the Proposed Specifications
There are no changes in the final specifications.
Classification
The Regional Administrator, NMFS PIR, determined that this action
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 specification 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 specifications 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 30, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-22591 Filed 9-1-11; 8:45 am]
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