Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Closed Season, 27065-27067 [E7-9213]

Download as PDF Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations radio notification. These actions comply with the requirements of the annual management measures for ocean salmon fisheries (71 FR 26254, May 4, 2006), the West Coast Salmon Plan, and regulations implementing the West Coast Salmon Plan 50 CFR 660.409 and 660.411. Prior notice and opportunity for public comment was impracticable because NMFS and the state agencies had insufficient time to provide for prior notice and the opportunity for public comment between the time the fishery catch and effort data were collected to determine the extent of the fisheries, and the time the fishery modifications had to be implemented in order to allow fishers access to the available fish at the time the fish were available. The AA also finds good cause to waive the 30-day delay in effectiveness required under U.S.C. 553(d)(3), as a delay in effectiveness of these actions would limit fishers appropriately controlled access to available fish during the scheduled fishing season by unnecessarily restricting the fishery. These actions are authorized by 50 CFR 660.409 and 660.411 and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 9, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7–9223 Filed 5–11–07; 8:45 am] BILLING CODE 3510–22–S National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 070418089–7089–01; I.D. 040507G] RIN 0648–AV49 Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Closed Season National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; request for comments. ycherry on PROD1PC64 with RULES AGENCY: SUMMARY: This interim rule closes Federal waters in the main Hawaiian Islands to commercial and recreational fishing for seven deepwater bottomfish species during May 15 through September 30, 2007. This action is intended to immediately address 16:35 May 11, 2007 Jkt 211001 Electronic Access This interim rule is accessible via the World Wide Web at the Office of the Federal Register’s web site www.gpoaccess.gov/fr/. Background DEPARTMENT OF COMMERCE VerDate Aug<31>2005 overfishing for these species in the Hawaiian Archipelago while a long-term management program is developed for the bottomfish multi-species complex. DATES: Effective 12:01 a.m. (0001 hrs) Hawaii-Aleutian Standard Time (HST) on May 15, 2007, until 11:59 p.m. (2359 hrs) HST on September 30, 2007. Comments must be received on or before June 13, 2007. ADDRESSES: You may submit comments, identified by ‘‘0648–AV49’’ by any of the following methods: • E-mail: AV49Bottomfish@noaa.gov. Include ‘‘AV49’’ in the subject line of the message. Comments sent via e-mail, including all attachments, must not exceed a file size of 10 megabytes. • Federal e-Rulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Mail: William L. Robinson, Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814. In accordance with NEPA, an Environmental Assessment (EA) was prepared for this interim action, and is available from William L. Robinson (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808–944–2271. SUPPLEMENTARY INFORMATION: Bottomfish in Hawaii are managed according to the Fishery Management Plan for Bottomfish and Seamount Groundfish in the Western Pacific Region (Bottomfish FMP), which was 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). Hawaii bottomfish are managed as a single archipelagic-wide multi-species stock complex (bottomfish complex). The bottomfish complex comprises certain deep-slope snappers, groupers, and jacks. Fisheries and management programs for Hawaiian bottomfish occur in two large geographic areas, the Northwestern Hawaiian Islands (NWHI) and the main Hawaiian Islands (MHI). Pursuant to Presidential Proclamation 8031 (June 15, 2006), commercial fishing in the area of the NWHI that is encompassed by the Papah naumoku kea Marine National Monument is limited to the eight valid Federal PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 27065 bottomfish permits effective on June 15, 2006. Bottomfish landings under these permits are limited to 350,000 lb (158,757 kg) annually, and may continue until June 15, 2011. Regulations codifying the terms of the Proclamation are found at 50 CFR 400.10. Regulations governing bottomfish fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and subpart E of 50 CFR part 665. NMFS, on behalf of the Secretary of Commerce, determined that overfishing was occurring on the bottomfish complex around the Hawaiian Archipelago, with the primary problem being excess fishing effort in the MHI. On May 27, 2005, NMFS requested the Council to take appropriate action to end overfishing (70 FR 34452, June 14, 2005). About 300 commercial vessels participate in the MHI bottomfish fishery, and recreational vessels are estimated at over 1,000. Fishermen use hooks and lines to target bottomfish over deep bottom slopes. Fishing trips are usually a day or less, and most fishermen participate in both bottomfish and pelagic (e.g., troll) fisheries. Except for a few full-time commercial bottomfish fishermen, most fish for bottomfish no more than 60 days a year. Many fishermen who fish for recreation also sell part of their catch to offset fishing expenses, making the distinction between recreational and commercial activities difficult. The total 2003 exvessel revenue from commercial bottomfish fishing in the MHI was an estimated $1,460,000 for landings of 273,000 lb (123,831 kg). Data from the MHI commercial fishery are collected through the State of Hawaii commercial fishing report program. There is no data reporting requirement for recreational fishing; recreational data are collected through surveys. Based on 2003 data, NMFS had estimated that fishing mortality needed to be decreased by 15 percent from 2003 levels in the MHI to end overfishing in the Hawaiian Archipelago. Accordingly, the Council began preparation of an amendment to the Bottomfish FMP that would have proposed prohibiting recreational and commercial fishermen from fishing for seven deep-water bottomfish management unit species in Federal waters of Hawaii’s Penguin Bank and Middle Bank. Historically, those areas represented 16–20 percent of MHI bottomfish landings, and would have ended the overfishing. The deepwater species are onaga Etelis coruscans, ehu E. carbunculus, gindai Pristipomoides zonatus, kalekale P. sieboldii, opakapaka P. filamentosus, E:\FR\FM\14MYR1.SGM 14MYR1 27066 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations lehi Aphareus rutilans, and hapu´upu´u (also hapu´u) Epinephelus quernus. In September 2006, NMFS updated the status of stocks using 2004 data, and concluded that overfishing was still occurring, but that fishing effort in the MHI would have to be reduced by 24 percent from the 2004 level (greater than the 15 percent as targeted in the amendment being development) to bring archipelago-wide fishing mortality down to the maximum fishing mortality threshold. Although the Council had initially developed an FMP amendment to close Penguin and Middle Banks to bottomfish fishing, those management measures would be insufficient to reduce fishing effort by the required 24 percent. To immediately reduce fishing mortality while long-term management measures are developed, the Council requested at its 137th meeting in Honolulu, Hawaii, on March 15, 2007, that NMFS implement this interim rule to close all Federal waters around the MHI to commercial and recreational bottomfish fishing for the seven deepwater bottomfish management unit species during May through September 2007. This time period will maximize protection for bottomfish during their spawning season and minimize social and economic impacts to fishery participants, as other fishing opportunities are available during the summer, e.g., trolling for pelagic fishes. The closed season applies only in the MHI and will not affect importation of bottomfish into Hawaii. This interim action is intended to immediately reduce fishing mortality in the short term, and provide a sufficient time period for the Council to develop an FMP amendment containing management measures designed to prevent overfishing in the long term. The effectiveness of this interim action would be enhanced by a complementary closure of State waters by the State of Hawaii, as collaborative Federal and State actions would facilitate the immediate cessation of fishing mortality in both Federal and State waters on the bottomfish stock complex that is experiencing overfishing. During the interim closed season from May through September 2007, Council and NMFS staffs will develop the management measures to be proposed in an FMP amendment. Such measures may include, but are not limited to, additional seasonal closures; a Total Allowable Catch (TAC) based on a reducing fishing mortality by 24 percent, the value from the most recent stock assessment, with a TAC mechanism that responds to necessary mortality reductions identified in future assessments; and a new Federal permit and data collection program for recreational bottomfish fishing. The revised recommendations are anticipated to be finalized by Council action in June 2007. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B), as this requirement is impracticable and contrary to the public interest. The Council previously took action to prepare a plan amendment to address the overfishing by reducing fishing effort by 15 percent. Before that amendment could be implemented, however, updated information indicated that effort must be reduced by 24 percent from 2004 effort levels. To respond to the new information, the Council must prepare a revised FMP amendment. In the meantime, no action has been taken to reduce fishing effort, and overfishing on bottomfish continues. There is a need to implement the seasonal closure immediately so that overfishing of the bottomfish stock complex can be addressed, and adverse impacts to public fishery resources can be reduced as soon as possible. These same reasons constitute good cause under authority contained in 5 U.S.C. 553(d)(3) to waive the 30-day delay in the effective date of this action. This interim rule has been determined to be not significant for purposes of Executive Order 12866. ycherry on PROD1PC64 with RULES Common name 16:35 May 11, 2007 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: May 9, 2007 William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 665 is amended as follows: I PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for part 665 reads as follows: I Authority: 16 U.S.C. 1801 et seq. 2. In § 665.62, add new paragraphs (j) and (k) to read as follows: I § 665.62 Prohibitions. * * * * * (j) Fish for or possess any Hawaii Prohibited Bottomfish Management Unit Species, as specified in § 665.71, in the Main Hawaiian Islands Management Subarea during a closed season in violation of § 665.72(a). (k) Sell or offer for sale any Hawaii Prohibited Bottomfish Management Unit Species, as specified in § 665.71, in violation of § 665.72(a) or (b). 3. Under subpart E, add a new § 665.71 to read as follows: I § 665.71 Hawaii Prohibited Bottomfish Management Unit Species. Hawaii Prohibited Bottomfish Management Unit Species means the following species: Local Name Silver jaw jobfish Squirrelfish snapper Longtail snapper Pink snapper Snapper Snapper Sea bass VerDate Aug<31>2005 A regulatory flexibility analysis has not been prepared for this interim rule pursuant to the Regulatory Flexibility Act because NMFS is not required by section 553 of Title 5 of the United States Code, or any other law, to publish a general notice of proposed rulemaking for this rule. Scientific Name Lehi Ehu Onaga Opakapaka Kalekale Gindai Hapu1upu1u Jkt 211001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Aphareus rutilans. Etelis carbunculus. Etelis coruscans. Pristipomoides filamentosus. Pristipomoides sieboldii. Pristipomoides zonatus. Epinephelus quernus. E:\FR\FM\14MYR1.SGM 14MYR1 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 4. Under subpart E, add a new § 665.72 to read as follows: I § 665.72 Closed seasons. (a) All fishing for, or possession of, any Hawaii Prohibited Bottomfish Management Unit Species, as specified in § 665.71, is prohibited in the Main Hawaiian Islands Management Subarea during May 15, 2007, through September 30, 2007, 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 Prohibited Bottomfish Management Unit Species, as specified in § 665.71, may not be sold or offered for sale during May 15, 2007, through September 30, 2007, inclusive, except as otherwise authorized by law. [FR Doc. E7–9213 Filed 5–11–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01] RIN 0648–XA23 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processor Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: ycherry on PROD1PC64 with RULES SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher processor vessels using trawl gear in the Bering Sea and Aleutian Islands VerDate Aug<31>2005 16:35 May 11, 2007 Jkt 211001 management area (BSAI). This action is necessary to prevent exceeding the 2007 second seasonal allowance of the Pacific cod total allowable catch (TAC) specified for catcher processor vessels using trawl gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 10, 2007, through 1200 hrs, A.l.t., June 10, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2007 second seasonal allowance of the Pacific cod TAC specified for catcher processor vessels using trawl gear in the BSAI is 11,133 metric tons (mt) as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007), for the period 1200 hrs, A.l.t., April 1, 2007, through 1200 hrs, A.l.t., June 10, 2007. See § 679.20(c)(3)(iii), § 679.20(c)(5), and § 679.20(a)(7)(i)(B). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2007 second seasonal allowance of the Pacific cod TAC specified for catcher processor vessels using trawl gear in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 8,933 mt, and is setting aside the remaining 2,200 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 27067 fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher processor vessels using trawl gear in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by catcher processor vessels using trawl gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 8, 2007. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 9, 2007. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–2364 Filed 5–9–07; 1:57 pm] BILLING CODE 3510–22–S E:\FR\FM\14MYR1.SGM 14MYR1

Agencies

[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Rules and Regulations]
[Pages 27065-27067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9213]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 070418089-7089-01; I.D. 040507G]
RIN 0648-AV49


Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; Closed Season

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

ACTION: Temporary rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim rule closes Federal waters in the main Hawaiian 
Islands to commercial and recreational fishing for seven deepwater 
bottomfish species during May 15 through September 30, 2007. This 
action is intended to immediately address overfishing for these species 
in the Hawaiian Archipelago while a long-term management program is 
developed for the bottomfish multi-species complex.

DATES: Effective 12:01 a.m. (0001 hrs) Hawaii-Aleutian Standard Time 
(HST) on May 15, 2007, until 11:59 p.m. (2359 hrs) HST on September 30, 
2007. Comments must be received on or before June 13, 2007.

ADDRESSES: You may submit comments, identified by ``0648-AV49'' by any 
of the following methods:
     E-mail: AV49Bottomfish@noaa.gov. Include ``AV49'' in the 
subject line of the message. Comments sent via e-mail, including all 
attachments, must not exceed a file size of 10 megabytes.
     Federal e-Rulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: William L. Robinson, Regional Administrator, NMFS 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 
96814.
    In accordance with NEPA, an Environmental Assessment (EA) was 
prepared for this interim action, and is available from William L. 
Robinson (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This interim rule is accessible via the World Wide Web at the 
Office of the Federal Register's web site www.gpoaccess.gov/fr/
index.html.

Background

    Bottomfish in Hawaii are managed according to the Fishery 
Management Plan for Bottomfish and Seamount Groundfish in the Western 
Pacific Region (Bottomfish FMP), which was 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). Hawaii bottomfish are managed as 
a single archipelagic-wide multi-species stock complex (bottomfish 
complex). The bottomfish complex comprises certain deep-slope snappers, 
groupers, and jacks. Fisheries and management programs for Hawaiian 
bottomfish occur in two large geographic areas, the Northwestern 
Hawaiian Islands (NWHI) and the main Hawaiian Islands (MHI).
    Pursuant to Presidential Proclamation 8031 (June 15, 2006), 
commercial fishing in the area of the NWHI that is encompassed by the 
Papah naumoku kea Marine National Monument is limited to the eight 
valid Federal bottomfish permits effective on June 15, 2006. Bottomfish 
landings under these permits are limited to 350,000 lb (158,757 kg) 
annually, and may continue until June 15, 2011. Regulations codifying 
the terms of the Proclamation are found at 50 CFR 400.10. Regulations 
governing bottomfish fishing by U.S. vessels in accordance with the FMP 
appear at subpart H of 50 CFR part 600 and subpart E of 50 CFR part 
665.
    NMFS, on behalf of the Secretary of Commerce, determined that 
overfishing was occurring on the bottomfish complex around the Hawaiian 
Archipelago, with the primary problem being excess fishing effort in 
the MHI. On May 27, 2005, NMFS requested the Council to take 
appropriate action to end overfishing (70 FR 34452, June 14, 2005).
    About 300 commercial vessels participate in the MHI bottomfish 
fishery, and recreational vessels are estimated at over 1,000. 
Fishermen use hooks and lines to target bottomfish over deep bottom 
slopes. Fishing trips are usually a day or less, and most fishermen 
participate in both bottomfish and pelagic (e.g., troll) fisheries. 
Except for a few full-time commercial bottomfish fishermen, most fish 
for bottomfish no more than 60 days a year. Many fishermen who fish for 
recreation also sell part of their catch to offset fishing expenses, 
making the distinction between recreational and commercial activities 
difficult. The total 2003 ex-vessel revenue from commercial bottomfish 
fishing in the MHI was an estimated $1,460,000 for landings of 273,000 
lb (123,831 kg). Data from the MHI commercial fishery are collected 
through the State of Hawaii commercial fishing report program. There is 
no data reporting requirement for recreational fishing; recreational 
data are collected through surveys.
    Based on 2003 data, NMFS had estimated that fishing mortality 
needed to be decreased by 15 percent from 2003 levels in the MHI to end 
overfishing in the Hawaiian Archipelago. Accordingly, the Council began 
preparation of an amendment to the Bottomfish FMP that would have 
proposed prohibiting recreational and commercial fishermen from fishing 
for seven deep-water bottomfish management unit species in Federal 
waters of Hawaii's Penguin Bank and Middle Bank. Historically, those 
areas represented 16-20 percent of MHI bottomfish landings, and would 
have ended the overfishing. The deep-water species are onaga Etelis 
coruscans, ehu E. carbunculus, gindai Pristipomoides zonatus, kalekale 
P. sieboldii, opakapaka P. filamentosus,

[[Page 27066]]

lehi Aphareus rutilans, and hapu[acute]upu[acute]u (also hapu[acute]u) 
Epinephelus quernus.
    In September 2006, NMFS updated the status of stocks using 2004 
data, and concluded that overfishing was still occurring, but that 
fishing effort in the MHI would have to be reduced by 24 percent from 
the 2004 level (greater than the 15 percent as targeted in the 
amendment being development) to bring archipelago-wide fishing 
mortality down to the maximum fishing mortality threshold. Although the 
Council had initially developed an FMP amendment to close Penguin and 
Middle Banks to bottomfish fishing, those management measures would be 
insufficient to reduce fishing effort by the required 24 percent.
    To immediately reduce fishing mortality while long-term management 
measures are developed, the Council requested at its 137th meeting in 
Honolulu, Hawaii, on March 15, 2007, that NMFS implement this interim 
rule to close all Federal waters around the MHI to commercial and 
recreational bottomfish fishing for the seven deep-water bottomfish 
management unit species during May through September 2007. This time 
period will maximize protection for bottomfish during their spawning 
season and minimize social and economic impacts to fishery 
participants, as other fishing opportunities are available during the 
summer, e.g., trolling for pelagic fishes. The closed season applies 
only in the MHI and will not affect importation of bottomfish into 
Hawaii.
    This interim action is intended to immediately reduce fishing 
mortality in the short term, and provide a sufficient time period for 
the Council to develop an FMP amendment containing management measures 
designed to prevent overfishing in the long term. The effectiveness of 
this interim action would be enhanced by a complementary closure of 
State waters by the State of Hawaii, as collaborative Federal and State 
actions would facilitate the immediate cessation of fishing mortality 
in both Federal and State waters on the bottomfish stock complex that 
is experiencing overfishing.
    During the interim closed season from May through September 2007, 
Council and NMFS staffs will develop the management measures to be 
proposed in an FMP amendment. Such measures may include, but are not 
limited to, additional seasonal closures; a Total Allowable Catch (TAC) 
based on a reducing fishing mortality by 24 percent, the value from the 
most recent stock assessment, with a TAC mechanism that responds to 
necessary mortality reductions identified in future assessments; and a 
new Federal permit and data collection program for recreational 
bottomfish fishing. The revised recommendations are anticipated to be 
finalized by Council action in June 2007.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds good cause to waive the requirement to provide prior notice 
and opportunity for public comment pursuant to the authority set forth 
at 5 U.S.C. 553(b)(B), as this requirement is impracticable and 
contrary to the public interest. The Council previously took action to 
prepare a plan amendment to address the overfishing by reducing fishing 
effort by 15 percent. Before that amendment could be implemented, 
however, updated information indicated that effort must be reduced by 
24 percent from 2004 effort levels. To respond to the new information, 
the Council must prepare a revised FMP amendment. In the meantime, no 
action has been taken to reduce fishing effort, and overfishing on 
bottomfish continues. There is a need to implement the seasonal closure 
immediately so that overfishing of the bottomfish stock complex can be 
addressed, and adverse impacts to public fishery resources can be 
reduced as soon as possible. These same reasons constitute good cause 
under authority contained in 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in the effective date of this action.
    This interim rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A regulatory flexibility analysis has not been prepared for this 
interim rule pursuant to the Regulatory Flexibility Act because NMFS is 
not required by section 553 of Title 5 of the United States Code, or 
any other law, to publish a general notice of proposed rulemaking for 
this rule.

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: May 9, 2007
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 665 is amended as 
follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 reads as follows:

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

0
2. In Sec.  665.62, add new paragraphs (j) and (k) to read as follows:


Sec.  665.62  Prohibitions.

* * * * *
    (j) Fish for or possess any Hawaii Prohibited Bottomfish Management 
Unit Species, as specified in Sec.  665.71, in the Main Hawaiian 
Islands Management Subarea during a closed season in violation of Sec.  
665.72(a).
    (k) Sell or offer for sale any Hawaii Prohibited Bottomfish 
Management Unit Species, as specified in Sec.  665.71, in violation of 
Sec.  665.72(a) or (b).

0
3. Under subpart E, add a new Sec.  665.71 to read as follows:


Sec.  665.71  Hawaii Prohibited Bottomfish Management Unit Species.

    Hawaii Prohibited Bottomfish Management Unit Species means the 
following species:

----------------------------------------------------------------------------------------------------------------
                 Common name                               Local Name                     Scientific Name
----------------------------------------------------------------------------------------------------------------
Silver jaw jobfish                             Lehi..............................             Aphareus rutilans
Squirrelfish snapper                           Ehu...............................            Etelis carbunculus
Longtail snapper                               Onaga.............................              Etelis coruscans
Pink snapper                                   Opakapaka.........................   Pristipomoides filamentosus
Snapper                                        Kalekale..........................      Pristipomoides sieboldii
Snapper                                        Gindai............................        Pristipomoides zonatus
Sea bass                                       Hapu[revaps]upu[revaps]u..........           Epinephelus quernus
----------------------------------------------------------------------------------------------------------------


[[Page 27067]]


0
4. Under subpart E, add a new Sec.  665.72 to read as follows:


Sec.  665.72  Closed seasons.

    (a) All fishing for, or possession of, any Hawaii Prohibited 
Bottomfish Management Unit Species, as specified in Sec.  665.71, is 
prohibited in the Main Hawaiian Islands Management Subarea during May 
15, 2007, through September 30, 2007, 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 Prohibited Bottomfish Management Unit Species, as 
specified in Sec.  665.71, may not be sold or offered for sale during 
May 15, 2007, through September 30, 2007, inclusive, except as 
otherwise authorized by law.
[FR Doc. E7-9213 Filed 5-11-07; 8:45 am]
BILLING CODE 3510-22-S
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