Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2010-11 Main Hawaiian Islands Bottomfish Total Allowable Catch, 45085-45086 [2010-18919]
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Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
Executive Order and the associated
Presidential Memorandum, the
Agency’s environmental justice policies
promote environmental protection by
focusing attention and Agency efforts on
addressing the types of environmental
harms and risks that are prevalent
among minority, low-income and Tribal
populations.
This action will not have
disproportionately high and adverse
human health or environmental effects
on minority, low-income or Tribal
populations because it increases the
level of environmental protection for all
affected populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
Specially, EPA’s simultaneous limited
approval and limited disapproval of
Rules 361 and 333 would have the affect
of strengthening environmental
requirements throughout SBCAPCD,
and would not relax environmental
requirements in any area.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 21, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2010–18889 Filed 7–30–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 100630283–0300–01]
RIN 0648–XX15
Fisheries in the Western Pacific;
Bottomfish and Seamount Groundfish
Fisheries; 2010–11 Main Hawaiian
Islands Bottomfish Total Allowable
Catch
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed specification; request
for comments.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
AGENCY:
NMFS proposes to specify a
total allowable catch (TAC) for the
2010–11 fishing year of 254,050 lb
SUMMARY:
VerDate Mar<15>2010
13:57 Jul 30, 2010
Jkt 220001
(115,235 kg) of Deep 7 bottomfish in the
main Hawaiian Islands (MHI). The TAC
would be set in accordance with
regulations established to support longterm sustainability of Hawaii
bottomfish.
Comments must be received by
August 17, 2010.
ADDRESSES: Comments on this proposed
specification, identified by 0648–XX15,
may be sent to either of the following
addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov; or
• Mail: Mail written comments to
Michael D. Tosatto, Acting Regional
Administrator, NMFS, Pacific Islands
Region (PIR), 1601 Kapiolani Blvd, Suite
1110, Honolulu, HI 96814–4700.
Instructions: Comments must be
submitted to one of these two addresses
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent to any other
address or individual, or received after
the end of the comment period, may not
be considered. Comments will be posted
for public viewing after thecomment
period has closed. All comments
received are a part of the public record
and will generally be posted to
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the commenter may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘NA’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
A supplemental environmental
assessment (EA) was prepared that
describes the impact on the human
environment that would result from this
proposed action. Based on the
environmental impact analyses
presented in the EA, NMFS prepared a
finding of no significant impact (FONSI)
for the proposed action. Copies of the
EA and FONSI are available from
www.regulations.gov.
DATES:
Bob
Harman, NMFS PIR Sustainable
Fisheries, 808–944–2271.
SUPPLEMENTARY INFORMATION: This
Federal Register document is available
at www.gpoaccess.gov/fr.
The bottomfish fishery in Federal
waters around Hawaii is managed under
the Hawaii fishery ecosystem plan
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
45085
(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, 16 U.S.C. 1801 et seq. (MagnusonStevens Act). Regulations governing
bottomfish fishing by U.S. vessels in
accordance with the Hawaii FEP appear
at 50 CFR part 665 and subpart H of 50
CFR part 600. Currently, bottomfish
stocks in the Hawaiian Archipelago are
not experiencing overfishing, and efforts
to minimize localized stock depletion in
the MHI Management Subarea are
precautionary. The MHI Management
Subarea refers to the portion of the U.S.
Exclusive Economic Zone around the
Hawaiian Archipelago lying to the east
of 161° 20’ W. long.
Pursuant to regulations at 50 CFR
665.211, NMFS must specify a TAC for
Deep 7 bottomfish in the MHI for each
fishing year (September 1 through
August 31), based on a recommendation
from the Council, considering 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 hapuupuu
(Epinephelus quernus).
NMFS uses commercial landings data
to project the date when the TAC for the
year will be reached, and closes the
non-commercial and commercial
fisheries from that date until the end of
the fishing year. 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 Pacific Remote Island Area
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.
For the 2009–10 fishing year, the TAC
was 254,050 lb (115,235 kg) (74 FR
48422; September 23, 2009). Monitoring
of the commercial fishery indicated that
the TAC for the 2009–10 fishing year
was projected to be reached by April 20,
2010, and, in accordance with the
regulations at § 665.211, NMFS
published a temporary rule closing the
non-commercial and commercial MHI
bottomfish fisheries on April 20, 2010
(75 FR 17070; April 5, 2010).
Subsequent analyses indicated that the
2009–10 bottomfish fishery took
E:\FR\FM\02AUP1.SGM
02AUP1
45086
Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
208,412 lb (94,534 kg). The fishery is
scheduled to re-open on September 1,
2010.
At its 148th meeting in Honolulu,
Hawaii, held from June 28 - July 1, 2010,
the Council reviewed information about
the bottomfish fishery, including a 2008
stock assessment that was updated in
2009 by the NMFS Pacific Islands
Fisheries Science Center (PIFSC). After
considering the status of stocks, risks of
overfishing, recommendations from the
Council’s Science and Statistical
Committee and input from the public,
the Council recommended a TAC of
254,050 lb (115,235 kg). The proposed
TAC is associated with a zero percent
risk of overfishing of Hawaiian
archipelagic bottomfish stocks. The risk
of localized depletion (or excess fishing
mortality) of the MHI management
subarea bottomfish stocks is estimated
to be in the range of 33 to 38 percent.
The most recent stock assessment
assumed that the entire 2009–10 TAC
would be caught, but because the 2009–
10 fishery took less than the TAC, the
associated risk of localized depletion
with the 2010–11 TAC should be even
less than 33 to 38 percent. These risk
levels are more conservative than the 50
percent risk threshold allowed under
the Magnuson-Stevens Act.
NMFS will consider the Council’s
recommendation, potential
environmental and economic effects of
the proposed TAC, and comments
received during the public comment
period for this proposed specification,
and will announce the final TAC
specification in the Federal Register. To
be considered, comments on this
proposed specification must be received
by August 17, 2010, not postmarked or
otherwise transmitted by that date.
VerDate Mar<15>2010
13:57 Jul 30, 2010
Jkt 220001
Regardless of the final TAC
specification, all other management
measures will continue to apply in the
MHI bottomfish fishery. The MHI
bottomfish fishery is scheduled to reopen on September 1, 2010, and will
continue until August 31, 2011, unless
the fishery is closed prior to August 31
as a result of the TAC being reached.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator for Fisheries
has determined that this proposed
specification is consistent with the
Hawaii FEP, other provisions of the
Magnuson-Stevens Act, and other
applicable laws, subject to further
consideration after public comment.
Certification of Finding of No
Significant Impact on Substantial
Number of Small Entities
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
A description of the action, why it is being
considered, and the legal basis for this action
are contained in the preamble to this
proposed specification. In the 2009–10
fishing year (September 1, 2009, through
April 20, 2010), 451 vessels engaged in the
commercial harvest of MHI bottomfish. The
2009–10 average gross revenue per vessel
was $3,147, based on an average price of
$6.81 per lb, and harvest of 208,412 lb. In
general, the relative importance of MHI
bottomfish to commercial participants as a
percentage of overall fishing or household
income is unknown, as the total suite of
fishing and other income-generating
activities by individual operations across the
year has not been examined. The majority of
the 451 vessels comprising the affected
PO 00000
Frm 00012
Fmt 4702
Sfmt 9990
universe were under 30 ft (9.1 m) in length
overall.
Based on available information, NMFS has
determined that all vessels in the current
fishery are small entities under the Small
Business Administration definition of a small
entity, i.e., they are engaged in the business
of fish harvesting, are independently owned
or operated, are not dominant in their field
of operation, and have annual gross receipts
not in excess of $4 million. Therefore, there
are no disproportionate economic impacts
between large and small entities.
Furthermore, there are no disproportionate
economic impacts among the universe of
vessels based on gear, home port, or vessel
length.
Assuming an average price of $6.81 per lb
and 451 participating vessels, the proposed
2010–11 TAC of 254,050 lb is expected to
yield $1,730,080 in total revenue, or an
average of $3,836 in revenue per vessel,
compared to $3,147 per vessel realized in the
2009–10 fishery. Even though there would be
a substantial number of vessels, i.e., 100
percent of the bottomfish fleet, affected by
this specification, there would be no
significantly adverse economic impact to
individual vessels resulting from the
implementation of this specification.
Therefore, pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 605(b), NMFS has
determined that this rule will not have a
significant economic impact on a substantial
number of small entities.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
This action is exempt from review
under the procedures of E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 28, 2010.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2010–18919 Filed 7–30–10; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\02AUP1.SGM
02AUP1
]]>Agencies
[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Proposed Rules]
[Pages 45085-45086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18919]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 100630283-0300-01]
RIN 0648-XX15
Fisheries in the Western Pacific; Bottomfish and Seamount
Groundfish Fisheries; 2010-11 Main Hawaiian Islands Bottomfish Total
Allowable Catch
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specification; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to specify a total allowable catch (TAC) for the
2010-11 fishing year of 254,050 lb (115,235 kg) of Deep 7 bottomfish in
the main Hawaiian Islands (MHI). The TAC would be set in accordance
with regulations established to support long-term sustainability of
Hawaii bottomfish.
DATES: Comments must be received by August 17, 2010.
ADDRESSES: Comments on this proposed specification, identified by 0648-
XX15, may be sent to either of the following addresses:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov; or
Mail: Mail written comments to Michael D. Tosatto, Acting
Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601
Kapiolani Blvd, Suite 1110, Honolulu, HI 96814-4700.
Instructions: Comments must be submitted to one of these two
addresses to ensure that the comments are received, documented, and
considered by NMFS. Comments sent to any other address or individual,
or received after the end of the comment period, may not be considered.
Comments will be posted for public viewing after thecomment period has
closed. All comments received are a part of the public record and will
generally be posted to www.regulations.gov without change. All personal
identifying information (e.g., name, address, etc.) submitted
voluntarily by the commenter may be publicly accessible. Do not submit
confidential business information, or otherwise sensitive or protected
information. NMFS will accept anonymous comments (enter ``NA'' in the
required fields if you wish to remain anonymous). Attachments to
electronic comments will be accepted in Microsoft Word or Excel,
WordPerfect, or Adobe PDF file formats only.
A supplemental environmental assessment (EA) was prepared that
describes the impact on the human environment that would result from
this proposed action. Based on the environmental impact analyses
presented in the EA, NMFS prepared a finding of no significant impact
(FONSI) for the proposed action. Copies of the EA and FONSI are
available from www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR Sustainable
Fisheries, 808-944-2271.
SUPPLEMENTARY INFORMATION: This Federal Register document is available
at www.gpoaccess.gov/fr.
The bottomfish fishery in Federal waters around Hawaii is managed
under the Hawaii fishery ecosystem plan (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, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act).
Regulations governing bottomfish fishing by U.S. vessels in accordance
with the Hawaii FEP appear at 50 CFR part 665 and subpart H of 50 CFR
part 600. Currently, bottomfish stocks in the Hawaiian Archipelago are
not experiencing overfishing, and efforts to minimize localized stock
depletion in the MHI Management Subarea are precautionary. The MHI
Management Subarea refers to the portion of the U.S. Exclusive Economic
Zone around the Hawaiian Archipelago lying to the east of 161[deg] 20'
W. long.
Pursuant to regulations at 50 CFR 665.211, NMFS must specify a TAC
for Deep 7 bottomfish in the MHI for each fishing year (September 1
through August 31), based on a recommendation from the Council,
considering 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
hapuupuu (Epinephelus quernus).
NMFS uses commercial landings data to project the date when the TAC
for the year will be reached, and closes the non-commercial and
commercial fisheries from that date until the end of the fishing year.
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 Pacific Remote Island Area 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.
For the 2009-10 fishing year, the TAC was 254,050 lb (115,235 kg)
(74 FR 48422; September 23, 2009). Monitoring of the commercial fishery
indicated that the TAC for the 2009-10 fishing year was projected to be
reached by April 20, 2010, and, in accordance with the regulations at
Sec. 665.211, NMFS published a temporary rule closing the non-
commercial and commercial MHI bottomfish fisheries on April 20, 2010
(75 FR 17070; April 5, 2010). Subsequent analyses indicated that the
2009-10 bottomfish fishery took
[[Page 45086]]
208,412 lb (94,534 kg). The fishery is scheduled to re-open on
September 1, 2010.
At its 148th meeting in Honolulu, Hawaii, held from June 28 - July
1, 2010, the Council reviewed information about the bottomfish fishery,
including a 2008 stock assessment that was updated in 2009 by the NMFS
Pacific Islands Fisheries Science Center (PIFSC). After considering the
status of stocks, risks of overfishing, recommendations from the
Council's Science and Statistical Committee and input from the public,
the Council recommended a TAC of 254,050 lb (115,235 kg). The proposed
TAC is associated with a zero percent risk of overfishing of Hawaiian
archipelagic bottomfish stocks. The risk of localized depletion (or
excess fishing mortality) of the MHI management subarea bottomfish
stocks is estimated to be in the range of 33 to 38 percent. The most
recent stock assessment assumed that the entire 2009-10 TAC would be
caught, but because the 2009-10 fishery took less than the TAC, the
associated risk of localized depletion with the 2010-11 TAC should be
even less than 33 to 38 percent. These risk levels are more
conservative than the 50 percent risk threshold allowed under the
Magnuson-Stevens Act.
NMFS will consider the Council's recommendation, potential
environmental and economic effects of the proposed TAC, and comments
received during the public comment period for this proposed
specification, and will announce the final TAC specification in the
Federal Register. To be considered, comments on this proposed
specification must be received by August 17, 2010, not postmarked or
otherwise transmitted by that date.
Regardless of the final TAC specification, all other management
measures will continue to apply in the MHI bottomfish fishery. The MHI
bottomfish fishery is scheduled to re-open on September 1, 2010, and
will continue until August 31, 2011, unless the fishery is closed prior
to August 31 as a result of the TAC being reached.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator for Fisheries has determined that this
proposed specification is consistent with the Hawaii FEP, other
provisions of the Magnuson-Stevens Act, and other applicable laws,
subject to further consideration after public comment.
Certification of Finding of No Significant Impact on Substantial Number
of Small Entities
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
A description of the action, why it is being considered, and the
legal basis for this action are contained in the preamble to this
proposed specification. In the 2009-10 fishing year (September 1,
2009, through April 20, 2010), 451 vessels engaged in the commercial
harvest of MHI bottomfish. The 2009-10 average gross revenue per
vessel was $3,147, based on an average price of $6.81 per lb, and
harvest of 208,412 lb. In general, the relative importance of MHI
bottomfish to commercial participants as a percentage of overall
fishing or household income is unknown, as the total suite of
fishing and other income-generating activities by individual
operations across the year has not been examined. The majority of
the 451 vessels comprising the affected universe were under 30 ft
(9.1 m) in length overall.
Based on available information, NMFS has determined that all
vessels in the current fishery are small entities under the Small
Business Administration definition of a small entity, i.e., they are
engaged in the business of fish harvesting, are independently owned
or operated, are not dominant in their field of operation, and have
annual gross receipts not in excess of $4 million. Therefore, there
are no disproportionate economic impacts between large and small
entities. Furthermore, there are no disproportionate economic
impacts among the universe of vessels based on gear, home port, or
vessel length.
Assuming an average price of $6.81 per lb and 451 participating
vessels, the proposed 2010-11 TAC of 254,050 lb is expected to yield
$1,730,080 in total revenue, or an average of $3,836 in revenue per
vessel, compared to $3,147 per vessel realized in the 2009-10
fishery. Even though there would be a substantial number of vessels,
i.e., 100 percent of the bottomfish fleet, affected by this
specification, there would be no significantly adverse economic
impact to individual vessels resulting from the implementation of
this specification. Therefore, pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 605(b), NMFS has determined that this rule
will not have a significant economic impact on a substantial number
of small entities.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
This action is exempt from review under the procedures of E.O.
12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 28, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2010-18919 Filed 7-30-10; 8:45 am]
BILLING CODE 3510-22-S
