Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2009-10 Main Hawaiian Islands Bottomfish Total Allowable Catch, 48422 [E9-22913]

Download as PDF 48422 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations NMFS 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) for the closure of the July 1–September 14 directed harvest of Pacific sardine. For the reasons set forth below, notice and comment procedures are impracticable and contrary to the public interest. For the same reasons, NMFS also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this action. This measure responds to the best available information and is necessary for the conservation and management of the Pacific sardine resource. A delay in effectiveness would cause the fishery to exceed the in-season harvest level. These seasonal harvest levels are important mechanisms in preventing overfishing and managing the fishery at optimum yield. The established directed and incidental harvest allocations are designed to allow fair and equitable opportunity to the resource by all sectors of the Pacific sardine fishery and to allow access to other profitable CPS fisheries, such as squid and Pacific mackerel. Many of the same fishermen who harvest Pacific sardine rely on these other fisheries for a significant portion of their income. Authority: 16 U.S.C. 1801 et seq. Dated: September 14, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–22910 Filed 9–18–09; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 0908131233–91275–02] RIN 0648–XQ14 mstockstill on DSKH9S0YB1PROD with RULES Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2009–10 Main Hawaiian Islands Bottomfish Total Allowable Catch AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final specification. SUMMARY: NMFS specifies a total allowable catch (TAC) of 254,050 lb VerDate Nov<24>2008 16:39 Sep 22, 2009 Jkt 217001 (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2009–10 fishing year. DATES: This final specification is effective October 23, 2009. ADDRESSES: Copies of the Fishery Management Plan for Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region (Bottomfish FMP) and related 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 www.wpcouncil.org. An environmental assessment (EA), was prepared that describes the impact on the human environment that would result from this action. Based on the environmental impact analysis presented in the EA, NMFS prepared a finding of no significant impact (FONSI). Copies of the EA and FONSI are available from www.regulations.gov, the Council, or William L. Robinson, Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries Division, NMFS PIR, 808–944–2108. SUPPLEMENTARY INFORMATION: This final specification is also accessible at www.gpoaccess.gov/fr. NMFS specifies a TAC for the 2009– 10 fishing year of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the MHI, as recommended by the Council, based on the best available scientific, commercial, and other information, taking into account the associated risk of overfishing. The MHI Management Subarea refers to the portion of U.S. Exclusive Economic Zone around the Hawaiian Archipelago lying to the east of 161° 20′ W. long. 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 is projected to be reached, NMFS will close the noncommercial and commercial Deep 7 bottomfish fisheries until the end of the fishing year (August 31, 2010). 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 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. The MHI bottomfish fishery reopened on September 1, 2009, and will continue until August 31, 2010, unless the fishery is closed prior to August 31 as a result of the TAC being reached. Additional background information on this final specification may be found in the preamble to the proposed specification published on August 24, 2009 (74 FR 42641), and is not repeated here. Comments and Responses On August 24, 2009, NMFS published a proposed specification and request for public comments on the MHI bottomfish TAC (74 FR 42641). The comment period ended on September 8, 2009. NMFS did not receive any public comments. Classification The Regional Administrator, NMFS PIR, determined that this final specification is necessary for the conservation and management of the MHI bottomfish fishery, 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 rule 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 rule 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: September 17, 2009. James W. Balsiger, Acting Assistant Administrator For Fisheries, National Marine Fisheries Service. [FR Doc. E9–22913 Filed 9–22–09; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\23SER1.SGM 23SER1

Agencies

[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Rules and Regulations]
[Page 48422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22913]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 0908131233-91275-02]
RIN 0648-XQ14


Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; 2009-10 Main Hawaiian Islands Bottomfish Total 
Allowable Catch

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

ACTION: Final specification.

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SUMMARY: NMFS specifies a total allowable catch (TAC) of 254,050 lb 
(115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) 
for the 2009-10 fishing year.

DATES: This final specification is effective October 23, 2009.

ADDRESSES: Copies of the Fishery Management Plan for Bottomfish and 
Seamount Groundfish Fisheries of the Western Pacific Region (Bottomfish 
FMP) and related 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 
www.wpcouncil.org.
    An environmental assessment (EA), was prepared that describes the 
impact on the human environment that would result from this action. 
Based on the environmental impact analysis presented in the EA, NMFS 
prepared a finding of no significant impact (FONSI). Copies of the EA 
and FONSI are available from www.regulations.gov, the Council, or 
William L. Robinson, Regional Administrator, NMFS Pacific Islands 
Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814.

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

SUPPLEMENTARY INFORMATION: This final specification is also accessible 
at www.gpoaccess.gov/fr.
    NMFS specifies a TAC for the 2009-10 fishing year of 254,050 lb 
(115,235 kg) of Deep 7 bottomfish in the MHI, as recommended by the 
Council, based on the best available scientific, commercial, and other 
information, taking into account the associated risk of overfishing.
    The MHI Management Subarea refers to the portion of U.S. Exclusive 
Economic Zone around the Hawaiian Archipelago lying to the east of 
161[deg] 20' W. long. 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 is projected to be reached, NMFS will close the non-
commercial and commercial Deep 7 bottomfish fisheries until the end of 
the fishing year (August 31, 2010). 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 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 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. The MHI bottomfish fishery reopened on September 1, 
2009, and will continue until August 31, 2010, unless the fishery is 
closed prior to August 31 as a result of the TAC being reached.
    Additional background information on this final specification may 
be found in the preamble to the proposed specification published on 
August 24, 2009 (74 FR 42641), and is not repeated here.

Comments and Responses

    On August 24, 2009, NMFS published a proposed specification and 
request for public comments on the MHI bottomfish TAC (74 FR 42641). 
The comment period ended on September 8, 2009. NMFS did not receive any 
public comments.

Classification

    The Regional Administrator, NMFS PIR, determined that this final 
specification is necessary for the conservation and management of the 
MHI bottomfish fishery, 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 rule 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 rule 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: September 17, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-22913 Filed 9-22-09; 8:45 am]
BILLING CODE 3510-22-S