Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount Groundfish Fisheries; Fishery Closure, 17070-17071 [2010-7619]

Download as PDF 17070 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations time and could adversely affect the species’ viability (Allee 1931, pp. 12-37; Stephens et al. 1999, pp. 185-190; Dennis 2002, pp. 389-401). Surveys conducted in 2009 (Lucas 2009, unpublished data) conclude that Thorne’s hairstreak butterflies are still present in the H. forbesii stands on Otay Mountain. We have no quantitative survey information on population numbers, but historical larval habitat has been reduced from 7,500 ac (3,035 ha) to approximately 454 ac (see ‘‘Habitat’’ section above for more information). Since Thorne’s hairstreak butterfly is dependent on H. forbssi to complete its lifecycle, available larval habitat is a proxy for population size. With this large reduction in available larval habitat we believe that the species’ population distribution have been significantly reduced relative to historical levels resulting in an increased risk of extinction due to stochastic events such as wildfire. Therefore, we find that the petition and information in our files do provide substantial information indicating that listing Thorne’s hairstreak butterfly may be warranted due to restricted geographic range. Global Climate Change erowe on DSK5CLS3C1PROD with RULES Information Provided in the Petition The petitioners assert that butterflies (in general) are threatened by global climate change and are sensitive to small changes in microclimates, such as fluctuations in moisture, temperature, or sunlight. According to the petition, studies of Edith’s checkerspot butterfly (Euphydryas editha) have verified speculation that whole ecosystems may move northward or shift in elevation as the Earth’s climate warms (Parmesan and Galbraith 2004, p. 9). Evaluation of Information Provided in the Petition and Available in Service Files We recognize recent evaluations by Parmesan and Galbraith (2004, pp. 1–2, 29–33) that indicate whole ecosystems may be shifting northward and upward in elevation, or are otherwise being altered by differing climate tolerance among species within a community. Parmesan’s review (2006, pp. 637, 648– 649, 653) indicates range-restricted mountaintop species (such as Thorne’s hairstreak butterfly) typically experience range retractions. Additionally, we recognize that climate change is likely to cause changes in the arrangement of occupied habitat patches. Current climate change predictions for terrestrial areas in the Northern Hemisphere indicate warmer VerDate Nov<24>2008 13:31 Apr 02, 2010 Jkt 220001 air temperatures, more intense precipitation events, and increased summer continental drying (Field et al. 1999, pp. 1–3; Hayhoe et al. 2004, p. 12422; Cayan et al. 2005, p. 6; Intergovernmental Panel on Climate Change 2007, p. 11). However, predictions of climatic conditions for smaller subregions such as California remain uncertain. It is unknown at this time if climate change in California will result in a warmer trend with localized drying, higher precipitation events, or other effects. Because, the information currently available on the effects of global climate change and microhabitat changes, such as increasing temperatures or moisture, does not make sufficiently precise estimates of the magnitude of the effects, we are unable to determine what impacts to Thorne’s hairstreak butterfly may occur. Given this uncertainty, we find that the petition and information in our files do not provide substantial information to indicate that listing Thorne’s hairstreak butterfly may be warranted do to global climate change. We will further investigate this potential threat to Thorne’s hairstreak butterfly in our status review of the species. In summary, we find that the petition and information in our files do provide substantial information indicating that listing Thorne’s hairstreak butterfly may be warranted due to other natural or manmade factors affecting the species’ continued existence. Specifically, we find that the effects of wildfire on individuals, population fragmentation, and restricted geographic range+may pose significant threats to the species. commercial data’’ standard that applies to a status review to determine whether a petitioned action is warranted. A 90– day finding does not constitute a status review under the Act. In a 12–month finding, we will determine whether a petitioned action is warranted after we have completed a thorough status review of the species, which is conducted following a substantial 90– day finding. Because the Act’s standards for 90–day and 12–month findings are different, as described above, a substantial 90–day finding does not mean that the 12–month finding will result in a warranted finding. The petitioners request that we designate critical habitat for this species. If we determine in our 12– month finding that listing Thorne’s hairstreak butterfly is warranted, we will address the designation of critical habitat at the time of the proposed rulemaking. The proposed rulemaking may be published concurrently with the 12–month finding or at a later date. Finding On the basis of our determination under section 4(b)(3)(A) of the Act, we have determined that the petition presents substantial scientific or commercial information indicating that listing Thorne’s hairstreak butterfly may be warranted. This finding is based on information provided under Factor A (present or threatened destruction, modification, or curtailment of the species’ habitat or range), Factor D (the inadequacy of existing regulatory mechanisms) and Factor E (other natural or manmade factors affecting the species’ continued existence). Because we have found that the petition presents substantial information indicating that listing Thorne’s hairstreak butterfly may be warranted, we are initiating a status review to determine whether listing Thorne’s hairstreak butterfly under the Act is warranted. The ‘‘substantial information’’ standard for a 90–day finding differs from the Act’s ‘‘best scientific and The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 References Cited A complete list of references cited is available on the Internet at http:// www.regulations.gov and upon request from the Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Author The primary authors of this notice are staff members of the Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Authority Dated: March 26, 2010. Jeffrey L. Underwood, Acting Director, Fish and Wildlife Service. [FR Doc. 2010–7547 Filed 4–2–10; 8:45 am] BILLING CODE 4310–55–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 RIN 0648–XU60 Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount Groundfish Fisheries; Fishery Closure AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. E:\FR\FM\05APR1.SGM 05APR1 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations ACTION: Temporary rule; closure. erowe on DSK5CLS3C1PROD with RULES 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 2009–10 fishing year. DATES: Effective April 20, 2010, through August 31, 2010. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries Division, NMFS Pacific Islands Region, 808–944–2108. SUPPLEMENTARY INFORMATION: Bottomfish fishing in Hawaii is managed under the Fishery Ecosystem Plan for the Hawaiian Archipelago (Hawaii FEP), developed by the Western Pacific Fishery Management Council (Council) and implemented by NMFS under the authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the Hawaii FEP appear at 50 CFR part 665 and at subpart H of 50 CFR part 600. The regulations at § 665.211 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 VerDate Nov<24>2008 13:31 Apr 02, 2010 Jkt 220001 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 NMFS 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 2009–10 fishing year was recommended by the Council, PO 00000 Frm 00045 Fmt 4700 Sfmt 9990 17071 and specified by NMFS, as 254,050 lb (115,235 kg) of Deep 7 bottomfish (74 FR 48422; September 23, 2009). Progress toward the 2009–10 TAC was 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 2009–10 fishing year is projected to be reached on or before April 20, 2010. In accordance with § 665.211(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 April 20, 2010, through the remainder of the fishing year. The 2010–11 fishing year is scheduled to open on September 1, 2010. The proposed TAC for the 2010– 11 fishing year will be published in the Federal Register by August 31, 2010. This action is required by § 665.211(c) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 31, 2010. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–7619 Filed 3–31–10; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\05APR1.SGM 05APR1

Agencies

[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Rules and Regulations]
[Pages 17070-17071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7619]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-XU60


Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount 
Groundfish Fisheries; Fishery Closure

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

[[Page 17071]]


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 2009-10 fishing year.

DATES: Effective April 20, 2010, through August 31, 2010.

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

SUPPLEMENTARY INFORMATION: Bottomfish fishing in Hawaii is managed 
under the Fishery Ecosystem Plan for the Hawaiian Archipelago (Hawaii 
FEP), 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 Hawaii FEP appear at 50 
CFR part 665 and at subpart H of 50 CFR part 600.
    The regulations at Sec.  665.211 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 
NMFS 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 2009-10 fishing year was recommended by the 
Council, and specified by NMFS, as 254,050 lb (115,235 kg) of Deep 7 
bottomfish (74 FR 48422; September 23, 2009). Progress toward the 2009-
10 TAC was 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 
2009-10 fishing year is projected to be reached on or before April 20, 
2010.
    In accordance with Sec.  665.211(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 April 20, 2010, through the remainder of the 
fishing year. The 2010-11 fishing year is scheduled to open on 
September 1, 2010. The proposed TAC for the 2010-11 fishing year will 
be published in the Federal Register by August 31, 2010.
    This action is required by Sec.  665.211(c) and is exempt from 
review under Executive Order 12866.

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

    Dated: March 31, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-7619 Filed 3-31-10; 8:45 am]
BILLING CODE 3510-22-S