Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount Groundfish Fisheries; Fishery Closure, 17070-17071 [2010-7619]
Download as PDF
<![CDATA[
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unpublished data) conclude that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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
