Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Fishery Closure, 18717-18718 [08-1104]

Download as PDF Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 060525140–6221–02] RIN 0648–XG34 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper/ Grouper Resources of the South Atlantic; Withdrawal of Trip Limit Reduction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; withdrawal of trip limit reduction. AGENCY: SUMMARY: NMFS withdraws the reduction of the commercial trip limit for golden tilefish in the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive economic zone (EEZ) that was published in the Federal Register on March 28, 2008. Based on updated information, NMFS has determined that the threshold level for implementation of the trip limit will not have been reached by April 6 as originally projected. The rule published on March 28, 2008 (73 FR 16571) is withdrawn as of April 2, 2008. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727–824– 5305, fax 727–824–5308, e-mail susan.gerhart@noaa.gov. DATES: The snapper-grouper fishery of the South Atlantic is managed under the Fishery Management Plan for the SnapperGrouper Resources of the South Atlantic (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Under 50 CFR 622.44(c)(2), NMFS is required to reduce the trip limit in the commercial fishery for golden tilefish from 4,000 lb (1,814 kg) to 300 lb (136 kg) per trip when 75 percent of the fishing year quota is met, by filing a notification to that effect in the Federal Register. Based on reports through February, NMFS determined that 75 percent of the available commercial quota of 295,000 lb (133,810 kg), gutted weight, for golden tilefish would be reached on or before April 6, 2008. Accordingly, NMFS published a trip rfrederick on PROD1PC67 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:06 Apr 04, 2008 Jkt 214001 limit reduction (73 FR 16571, March 28, 2008) reducing the commercial golden tilefish trip limit to 300 lb (136 kg) in the South Atlantic EEZ from 12:01 a.m., local time, on April 6, 2008 through December 31, 2008, unless changed by further notification in the Federal Register. However, a new report including March landings indicated that 75 percent of the quota would not be reached by that date due to unexpected decreases in fishing effort and reporting errors. Therefore, NMFS is withdrawing the trip limit reduction, will continuing monitoring the fishery, and will publish a new trip limit reduction in the Federal Register when 75 percent of the applicable quota is projected to be reached. 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 prior notice and opportunity for public comment is contrary to the public interest. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to avoid an unnecessary regulatory restriction and the associated adverse social and economic impacts. Prior notice and opportunity for public comment would require time and would potentially result in economic loss to participants in the fishery. For these same reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 2, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1106 Filed 4–2–08; 2:03 pm] BILLING CODE 3510–22–S PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 18717 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 071211828–8448–02] RIN 0648–XG90 Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Fishery Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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 2007–08 fishing year. DATES: Effective April 16, 2008 through August 31, 2008. FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Pacific Islands Region, 808–944–2273. SUPPLEMENTARY INFORMATION: Bottomfish fishing in Hawaii is managed under the Fishery Management Plan for the 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 E:\FR\FM\07APR1.SGM 07APR1 18718 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations rfrederick on PROD1PC67 with RULES 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 registered to Mau Zone, Ho omalu Zone, or Pacific Remote Island Areas bottomfish fishing permits, 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 other non-Deep 7 bottomfish species throughout the year. The TAC for the 2007–08 fishing year was established by the Council at VerDate Aug<31>2005 15:06 Apr 04, 2008 Jkt 214001 178,000 lb (80,740 kg) of Deep 7 bottomfish. Progress toward the 2007– 08 TAC is monitored using information reported by holders of State of Hawaii commercial marine licenses (State CML) through monthly catch reports submitted to the State. Based on this information, the NMFS Pacific Islands Fisheries Science Center projected that the TAC for the 2007–08 fishing year will be reached on April 17, 2008. In accordance with § 665.72(c), this document serves as a 14 day advance notification to fishermen, the fishing industry, and the general public that the Main Hawaiian Islands Deep 7 bottomfish fishery will be closed from PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 April 17, 2008, through the remainder of the fishing year. The 2008–09 fishing year will begin on September 1, 2008, and the TAC for the 2008–09 fishing year will be published in the Federal Register by August 31, 2008. 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: April 2, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1104 Filed 4–2–08; 1:54 pm] BILLING CODE 3510–22–S E:\FR\FM\07APR1.SGM 07APR1

Agencies

[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Pages 18717-18718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1104]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 071211828-8448-02]
RIN 0648-XG90


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.

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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 2007-08 fishing year.

DATES: Effective April 16, 2008 through August 31, 2008.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Pacific Islands 
Region, 808-944-2273.

SUPPLEMENTARY INFORMATION: Bottomfish fishing in Hawaii is managed 
under the Fishery Management Plan for the 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 Sec.  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

[[Page 18718]]

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 registered to Mau Zone, Ho omalu Zone, or Pacific 
Remote Island Areas bottomfish fishing permits, 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 other 
non-Deep 7 bottomfish species throughout the year.
    The TAC for the 2007-08 fishing year was established by the Council 
at 178,000 lb (80,740 kg) of Deep 7 bottomfish. Progress toward the 
2007-08 TAC is monitored using information reported by holders of State 
of Hawaii commercial marine licenses (State CML) through monthly catch 
reports submitted to the State. Based on this information, the NMFS 
Pacific Islands Fisheries Science Center projected that the TAC for the 
2007-08 fishing year will be reached on April 17, 2008. In accordance 
with Sec.  665.72(c), this document serves as a 14 day advance 
notification to fishermen, the fishing industry, and the general public 
that the Main Hawaiian Islands Deep 7 bottomfish fishery will be closed 
from April 17, 2008, through the remainder of the fishing year. The 
2008-09 fishing year will begin on September 1, 2008, and the TAC for 
the 2008-09 fishing year will be published in the Federal Register by 
August 31, 2008.
    This action is required by Sec.  665.72(c) and is exempt from 
review under Executive Order 12866.

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

    Dated: April 2, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1104 Filed 4-2-08; 1:54 pm]
BILLING CODE 3510-22-S
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